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2007-03-15 I CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MARCH 15,2007 SUMMARY OF BOARD ACTION 157 PAGE 1 OF 8 I. CALL TO ORDER - Chairperson. Planning Board/Board or Adjustment and Appeals, March 15,2007,6:00 p.m. Chairperson Ledferd called to order th,e March 15,2007 Planning Board/Board of Adjustment and Appeals at 6:00 P. M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Clement called the roll: I Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook City Planner Jim LaRue Secretary Betty Clement Present Present Absent (with consent) Present Present Absent (without consent) Present Present (moved to voting position) Present (moved to voting position) Present (entered Chambers at 6:07 p.m.) Present Present III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Board Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the February Action for the February 15, 2007 regular meeting. 15,2007 Regular Meeting; seconded by Board Member Maxwell. I LEDFERD - YEA BURROUGHS-ABSENT O'CONNOR - YEA VOTE HOOVER-YEA KELLER-YEA JOHNS-YEA JUAREZ-YEA MOTION CARRIED. MCCOY-ABSENT MAXWELL - YEA IV. AGENDA - Chairperson. March 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS- PAGE 2 OF 8 A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. V. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -004-SSA, submitted by Warren Snyder, President of Southeast Contractors & Engineer, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The application is to change the Future Land Use designation from Single Family (SF) to Multi- Family (MF) for property located at 1925 Southeast 9th Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee county, Florida - Planning Consultant. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:05 P. M. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -004-SSA, was submitted by Warren Snyder, President of Southeast Contractors & Engineer, Inc. on behalf of property owners, Donald McBrayer and Marty Stevens. The application is to change the Future Land Use designation on 19.1 acres of the existing Blue Heron Golf and Country Club Subdivision, from Single Family (SF) to Multi-Family (MF) for property located at 1925 Southeast 9th Avenue. Mr. LaRue of LaRue Planning and Management presented the Planning Staff report. Background and Summary: The entire Blue Heron Subdivision was approved several years ago and presumably with the existing amenities (golf course, clubhouse and tennis). Unfortunately, the golf course and clubhouse and amenities were not platted as Recreation and Open Space, nor were they turned over to the Blue Heron's Home Owner's Association. Over the last few years, the golf course has fallen into disrepair and the golf course and open space areas have been sold to a private entity. The applicant states that improvements to the open space areas are contingent upon modification in density and a conversion of vacant property to develop able lands. Therefore, the applications have been submitted as shown. The subject property is currently classified on the Future Land Use Map as Single Family. Some of the structures which are currently on one of the parcels supported the previous use as a golf course or clubhouse and are dilapidated. The applicant is requesting this Future Land Use Map Amendment and rezoning to Multi-Family in order to develop the property for multi- family uses. The Multi-Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. Thus, the property could potentially be developed with up to 191 units for both parcels. The applicant is requesting 192 units to be developed on the property. The applicant states that when the development is complete, it would consist of a revised golf course, a new clubhouse, 48 single family homes, 60 villas, and 84 condominiums. As stated, the maximum number of dwelling units allowed under the proposed Multi-Family category would be 191 dwelling units, so the applicant would need to remove one of the proposed units from the development if approval for a Future Land Use change were granted. Comprehensive Plan Analysis: Based on the application, it would appear that the proposed use (multi-family/golf course development) is not consistent with Objective 2 of the Future Land Use Element and its corresponding Policies. MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE ~F~ 9 I I I V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -004-SSA continued. Comprehensive Plan Analysis Continued. Additionally, a decrease of open space from what was approved by a prior Development Order accelerates the potential for incompatibility. The proposed Multi-Family designation in an existing Single- Family development is not consistent with the Comprehensive Plan Policies. Also, the inclusion of a restaurant within this request, which could be used by the public and a more active golf course, adds more commercial impacts to a residential area. The City has just passed several "Best Management Practice" Policies. The current application has not addressed how these Policies can be met since Open Space areas contiguous to water bodies are requested to be diminished if this application is approved. These potential environmental impacts have not been assessed. The application includes information supporting the fact that Villas and Golf Courses are a usual development option, but what is not apparent in this application, is the pre-planning of infrastructure and location of units, which is required prior to development rather than a "spot" land use approach after having already built a Single-Family Subdivision. Concurrency of Adequate Public Facilities: Before this request can be approved, the City must consider the proposed realistic impact on public facilities. This existing Single-Family street network does not have the capacity of accommodating nearly 200 more units in this Subdivision. The traffic comments included by the applicant do not refute this analysis. Potable Water Supply: The subject property is within the service area of the Okeechobee Utility Authority (OUA) who provides this service to City residents. The adopted LOS for potable water is 114 gpcpd. Given that the City has approximately 2.7 persons per household (U.S. Census), this level of service can be construed as 308 gallons per day. Impacts of this development are demonstrated: 191 units x 114 gpcpd x 2.7 pph = 58,790 gpd. Existing WTP Capacity 6.00 MGD, Committed and Used Capacity = 2.80 MGD, Excess Capacity 3.20 MGD.. Currently, the net combined average daily demand on the WTP is about 47% of the system capacity, according the OUA's Executive Director. As shown above, the existing capacity of the surface and ground water supply plants are 6 MGD, with 2.8 MGD already committed to use. As such, the OUA has an excess of 3.2 MGD. The OUA has a pending Consumptive Use Permit (CUP) renewal application with the South Florida Water Management District for 4 MGD. In April of 2005, the OUA completed the expansion of the Surface WTP to bring the DEP permitted capacity to 5 MGD. The Ground WTP has permitted capacity of 1 MGD. Thus, the OUA water treatment capability is 6 MGD. For the current 12 month analysis completed by the OUA, there is approximately 0.8 GPD of available CUP capacity and 4 MGD of treatment plant capacity. As such, the OUA would have capacity to serve the proposed development. 16 MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 4 OF 8 V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -004-SSA continued. Wastewater Disposal: The adopted LOS for wastewater disposal is 130 gallons/ capita/day. The subject property is withir the service area of the Okeechobee Utility Authority (OUA). The impacts for the subject property are as shown: 191 uni x 130 gpcpd x 2.7 pph = 67,041 gpd. Existing WWTP capacity = 1.00 MGD, committed and used capacity = 0.86 MGD excess capacity 0.14 MGD. " At this time, the plant is not showing enough capacity. Although expansion of the wastewater plant is contemplated in the future, there are two Large Scale Plan Amendments recently approved that would have priority over this application, and would accommodate the new projected capacity of an expanded Wastewater Treatment Plant. Also, the clubhouse when refurbished with a restaurant would also have an impact that has not been contemplated in this application. Solid Waste Disposal: The City has an adopted LOS of 13 Ibs/capita/day and 3 years available landfill capacity for solid waste disposal. The proposed residential development would generate approximately 6,704 Ibs/day of solid waste. The applicant has not provided confirmation from Okeechobee County which determines whether the existing landfill will have capacity to serve the proposed development. Drainage/Stormwater Management: The adopted LOS for drainage is Design Storm, 25-year/24 hour duration. ThE proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code. Because of the vulnerability of Taylor Creek, there has been a more specific delineation of the Best Management Practices used for water quality enhancement in stormwater discharges. The applicant will be required to adhere to these newly created Objective and Policies and it is not clear that the proposed change in Future Land Use would be consistent with these Policies. Recreation and Open Space: The adopted LOS for Recreation and Open Space is 3 acres/1 ,000 persons. The proposed development is projected to increase the City's population by approximately 516 additional people. The development would need approximately 1.5 acres of recreational facilities in order to meet the adopted LOS for parks. Unfortunately, the absolute number of acres for Recreation use has been diminished. Roads and Traffic Circulation: The City's minimum LOS standard for principal arterial roadways is LOS C. All other road: have an LOS D. This LOS must be maintained on the site for all roadways serving the site. The applicant has provided ( traffic summary which intends to show how traffic would be impacted by the proposed Development. It was estimated tha the proposed land use change would result in an increase of 292 daily trips. This traffic summary is inadequate to justify that the existing Level of Service for local roads would not be degraded. MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 51: P 1 V. PUBLIC HEARING CONTINUED. I A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-004-SSA continued. Compatibility with Adjacent and Nearby Land Uses; the proposed land use change to Multi-Family at 10 dwelling units per acre for the entire site would not be compatible for this location. The above analysis indicates that this level of density would not be appropriate for this site. The Goals, Objectives and Policies, as they are intended within the Comprehensive Plan, would not support an Amendment to the Future Land Use Map to Multi-Family as has been explained above. Analysis and Conclusion: Planning Staff recommends denial of the applicant's request to amend the Future Land Use Map to Multi-Family as it is inconsistent with the City's Comprehensive Plan. Mr. Warren Snyder of Southeast Contractors & Engineers, Inc. presented a power point presentation of the proposed changes to redevelop Blue Heron Golf and County Club. I Chairperson Ledferd asked whether there were any question from the Board Members? Board Member Hoover inquired about the traffic, stating that there are only two primary routes in and out of Blue Heron. Mr. Snyder answered that pending all unit owners were here at the same time and made two trips in and out every day between 7 a.m. and 7 p.m. the net effect would be an average of one vehicle every 3 minutes and 45 seconds. Discussion ensued, two major concerns needing further study are the traffic impact and drainage. No formal traffic study was presented by the developers. The Chair then asked for public comments. The Chambers was packed to capacity with citizens including downstairs, where they were viewing the meeting via the television and camera set up. Citizens who addressed the Board with concerns regarding the project were, Anita Nunez, Frank Irby, Chan Garrett, Barb Wilson, Lisa Spiller, Jim Rath, Roger Wilson, Tom Jankowski, Chris Close, Randy Huckabee and Don Sagmen. After much discussion, Board Member Juarez made a motion to table (postpone a recommendation on) Application No. 07- 004-SSA until Mr. LaRue and the City can get clarification on the traffic and drainage issues; seconded by Board Member Hoover. VOTE I LEDFERD - YEA HOOVER - YEA BURROUGHS-ABSENT JOHNS-YEA O'CONNOR - YEA MOTION CARRIED. KELLER-YEA JUAREZ-YEA MCCOY-ABSENT MAXWELL - YEA Application will be forwarded in ordinance form for a final Public Hearing on April 3, 2007 before Postponed until the April 19, 2007 Planning Board meeting or the appropriate documentation/reports have been received by the City Council. City and Planning Staff.. 16 V. PUBLIC HEARING CONTINUED. . B. Consider Rezoning Petition No. 07 -003-R submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The petition is to change the current zoning from Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF) for property located at 1925 Southeast 9th Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida Planning Consultant. MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 6 OF 8 Consider Rezoning Petition No. 07 -003-R submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The petition is to change the current zoning from Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF) for property located at 1925 Southeast 9th Avenue. The petition is for the same property discussed previously and in connection with Application No. 07-004-SSA. ,. Board Member Hoover moved to table (postpone a recommendation on) Rezoning Petition No. 07-003 until the concurrencies issues (traffic and drainage) can be looked at in more detail; seconded by Board Member Juarez. LEDFERD-YEA HOOVER-YEA BURROUGHS-ABSENT JOHNS-YEA O'CONNOR - YEA MOTION CARRIED. VOTE KELLER-YEA JUAREZ-YEA MCCOY-ABSENT MAXWELL - YEA Application will be forwarded in ordinance form for a final Public Hearing on April 17, 2007 Postponed until the April 19, 2007 Planning Board regular meeting or the appropriate documentation/reports have been before City Council. received by the City and Planning Staff.. QUASI-JUDICIAL C. Consider Special Exception No. 07-002-SE, submitted by property owners Michael and Angela Armstrong. The application is to allow mechanical and repair services and an outdoor vehicle sales lot within a Heavy Commercial (CHV) Zoning district (ref. Code Book Sec. 90-283(7)(18)). The property is located at 712 North Parrott Avenue. Legal description: Lots 11 through 13 inclusive, of Block 57, City of Okeechobee - Planning Consultant. Consider Special Exception No. 07-002-SE, submitted by property owners Michael and Angela Armstrong. The application is to allow mechanical and repair services and an outdoor vehicle sales lot within a Heavy Commercial (CHV) Zoning district (ref. Code Book Sec. 90-283(7)(18)). The property is located at 712 North Parrott Avenue. Legal description: Lots 11 through 13 inclusive, of Block 57, City of Okeechobee Mr. LaRue presented the Planning Staff Report. Consistency with LDR's: The use is not contrary to the Comprehensive Plan requirements. The proposed use as a used car sales lot is appropriate for an arterial roadway such as US 441. Section 90-283(18) of the Land Development Code includes an outdoor vehicle sales lot as a special exception use. This use will not have an adverse effect of the public interest. The proposed use should be compatible for the location. However, through the site plan review process, there must be particular attention given to parking, buffering and trash collection facilities being appropriately screened. If the proposed use demonstrates that it will have the required ingress/egress and landscaping at the site plan review phase, it will not adversely affect property values nor be a deterrent to the development of the surrounding area. This use must be properly landscaped and designed to avoid negative traffic impacts and unsightliness. Parking spaces for customers should be properly marked. MARCH 15, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 71: P 3 QUASI-JUDICIAL A. I Consider Special Exception No. 07 -002-SE continued. Density is not an issue in this case. The applicant will be required to properly design the site in order to prevent traffic congestion in terms of ingress/egress. The subject property is approximately 0.5 acre(s) on the corner of N Parrott Avenue and NE 8th Street and is subject to this Special Use Exception petition. The applicant intends to develop the vacant parcel as a used car lot. The dwelling will have public utilities and the adjoining property users are as follows: North: Railroad Tracks, East: Repair Shop, South: Oil Change Shop, West: Car Lot. Recommendation: Move that Petition No. 07-002- SE be approved with adequate provisions given for ingress/egress, available parking and landscaping. These conditions should be examined during the site plan review phase Chairperson Ledferd asked the Board whether they had any questions. There were none. He then addressed the citizen for any questions. Mrs. Angela Armstrong, property owner gave a brief description of the request. I Board Member Maxwell moved to approve Special Exception No. 07-002-SE for Lots 11 through 13 inclusive, of Block 57, City of Okeechobee to allow mechanical and repair service and an outdoor vehicle sales lot within a Heavy Commercial Zoning District, with the special conditions of site plan approval to address the adequate provisions for ingress/egress, adequate parking and landscaping requirements as recommended by Planning Staff; seconded by Board Member Juarez. LEDFERD-YEA BURROUGHS-ABSENT O'CONNOR - YEA VOTE HOOVER-YEA JOHNS-YEA MOTION CARRIED. KELLER - YEA JUAREZ-YEA MCCOY-ABSENT MAXWELL - YEA CLOSE PUBLIC HEARING CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:50 P.M. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Chairperson Ledferd asked whether anyone had any new requests for Amendments to the LDR's? There were none. Development Regulations - Chairperson. I B. Consider and discuss proposed Planned Unit Development (PUD) regulations (ref. Code Book Sec. 90-401) - Planning Consultant. Chairperson Ledferd yielded the floor to Staff to explain the proposed amendments to the Planned Unit Development (PUD) section of the Code Book. Attorney Cook explained that he and Mr. LaRue realized that the existing PUD regulations are for the most part non-existent, nothing that is manageable, or can be used. Prior to the City Council addressing the changes to this section, this Board has to consider the request, and make a recommendation to the City Council. 1 MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 8 OF 8 VI. NEW BUSINESS CONTINUED. B. Consider and discuss proposed Planned Unit Development (PUD) regulations (ref. Code Book Sec. 90-401), continued. Mr. LaRue distributed a copy of proposed language to create a "Mixed-Use Planned Unit Developmenf' for discussion purposes only. He then briefly explained the hand-out. There was never a Mixed-Use PUD adopted, only strictly a SF or MF. What we are proposing is that there be a Mixed-Use PUD, a Single Family PUD and a Multi-Family PUD. Mr. Bill Brisson (also of LaRue Planning) presented a Memorandum for additional PUD guide lines to be considered. Chairperson Ledferd asked for comments from the Board. Discussion on regarding open space and distance between houses was the majority of the concerns. Chairperson Ledferd then asked whether there were any comments from the citizens. Mark Goodbread, Ken Treadwell, Mary Haaksma, Jeff Sumner, Bob Tucker, and Mr. Cardenas, asked for clarifications on special permits, set backs, green space and house separation. Board Member Maxwell asked several questions as well. It was determined that a workshop with the City Council was in order to further review these proposed amendments. City Administrator Whitehall will set up a workshop with the City Council and the Planning Board before the next regular meeting (April 19, 2007) or as close thereafter as possible. Board Member O'Connor made a motion to table (postpone) the recommendation for the amendments to the Planned Unit Development Regulations until early April, pending a workshop with the City Council; seconded by Board Member Juarez. VOTE LEOFERD-YEA BURROUGHS-ABSENT O'CONNOR - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. KELLER - YEA JUAREZ-YEA MCCOY - ABSENT MAXWELL - YEA VII. ADJOURNMENT - Chairperson There being no further items on the agenda, chairperson ledferd adjourned the meeting at 9:09 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimon . nce upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official record e U Tbe Okeecbobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared J dy Kasten who on oath says she is Publisher of the ;keechobee ' News, a DAlL Y Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a ~ \J \0 \\ '- \-\-e.c.....r\ v1~ R:ot-i c.~ in the matter of Fv+0r:€- ~'\6 () 'J ~ vt-'tc.'iJ in the 19th Judicial District of the Circuit Court ofOkeechobee County Florida, was published in said newspaper In the Issues of i5J... OL~ ' {"-; ~73 ( C( ,. (": ~7 / I Affiant further says that the said Okeechobee News is a newspaper published at Okeeehobee, in said Okeechobee C ty Florida, and that. said newspaper has heretofore been p:~Sh~d 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,. FI~rida, for a period of one year next preceding the first pubhcatlon of the attached copy of advertisement; and affiant further says ~at she has neither paid nor promised any person, finn or corporatIOn any discount, rebate, commission or refund for th~ purpose of securing this advertisement for publisation in the said newspaper. ----' ! .-- ,~ .~ ) S~om (~d ubscribe be ore me this ~ qa5') of tc(~C1 A:D.20 0 '( LL))1{11I24J~~ ~rd. W-t k2R Notary Public, State ofFlonda at Large r'~_. "-.-'"'-'1-'-" PUBLIC HEARING NOTICE CITY PI.AIINING BOARDIBOARD OF ADJUSTMENT AND APPEAlS NOnCE: The Planning B~oard of Adjustment and Appeals of the CIty .of Okee- chobee, FIofida wiH meet On Thursday, March 15, 2001 II 6:00 p.m. or as SOIlI1 thereafter as po~b1e. The meeting will be held at City Hall. 55 SoU1I1east 3rd Ave- nue, In the CooncY Chambers, Room 200, Okeechobee, Aorida. The Items of con- sIderailon at Ihis meeting are: . Conduct a Public Hearing to Consider Comprehensive Plan SmaH Scale Future land Use Map Amendment App.cation No. OHIQ4-SSA. . The application Is being submitted by Southeast Contractors and Engineers, Inc. on behalf of property QWII- ers Donald McBrver and Marty and Lois Stevens. The aoDllcallon is 10 chaJJDe the Future land Use !rom Single Family (SF) to Multi-Family (MF) for property IoCIiId at 1925 Southeast 9th Avenue, also known as the unplatted lands ofBkJe~ & Country Club. legal description: A parcel of land lying In and compIIsiJg a portion of Sllction 27. Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: Commencing at the Nor1heasI comer of Section 27, Township 37 Soulh, Range 35 East. Okeechobee County, FforI!!a; thence Nof1h B9 degrees 10 feet 6 inches West along the North bolIndary line of said Section 27. a distance of 1752.80 feet; thence South 00 degrees 49 feel 54 Inches West, a distance of 910.25 feet to Ihe point of beginning; thence'Soulh 1B degrees 00 feet 56 Inches East, a distance of 414.29 feet to the point of a curve to Ihe left having a radius of 310.00 feet and a central angle of 160 degrees 33 feet 22 inches; thence Southerly, Easte and Northerty along the an: a distance of 868.69 feet 42 Inches East, a distance of 427.78 Ie6I; . a distance of 172.88 feel: thence nee of 216.00 Ie6I; thence Nof1h f 6.99 feet; thence Soulh 66 de- distance of 515.63 feet to the point of beginning and is approximately 10.7 acre(s). This succeeds Ihe 10 acre imitation as allowed for an area designated Rural Alea of Critical Economic Concern. The proposed use is for multi-family dwenings. Conduct a PubUc Hearing to Consider Rezoning Application No. 07 -OQ3-R.. The application is being submitted by Southeast Conlractors & EIVneers, Inc., on beIKIIf of owners Oonald McBryer and Marty and Lois Stevens. TheiPllcatiOn Is to change Ihe zoning designation from Residenflal Single Farmly (R to ResIdential Multiple Family (RMF) for property located at 1921; Southeast Avenue, also known as the ulllliatied lands of Blue Heron Golf & Country Club. Legal description: A parcel of land lying in and comprising a portion of Section 27, Township 37 South, Range 35 fast, Dkeechobee County, AOIida, and being f1IOrB par1IculaIfy de- scribed as follows: Commencing at the Northeast comer of Section 'l7, TownsIill 37 South. Range 35 East, Okeechobee County, Aorlda; thence Nof1h 89 degrees 1 D feet 6 inches West, along Ihe North boundary line of said Section 27, a cislBnce of 1752.BO feet: thence South 00 degrees 49 feet 54 inches West, a distance of 910.25 feet to Ihe point of beginning: thence South 18 degees 00 feel 56 Inches East, a distance of 414.29 feet to the point of a curve to the left having a radus of 310.00 feet and a central angle of 160 degrees 33 feel 22 inches; thence SoutheIIy, Easterly and Northerly along the arc a distance of 668.69 feel; thence Nof1h 01 de- grees 25 feet 42 Inches East, a distance of 427.78 feet; Ihence Nof1h 23 degrees 07 feet 02 inches West, a distance of 172.88 feet; thence South 66 degrees 52 feet 58 inches West, a distance of 216.00 feet; Ihence North 23 degrees 07 feet 02 inches West, a distance of 6.99 feet; Ihence South 66 degrees 52 feet 58 Inches West, a distance of 515.63 feet to the point of beQlnning and is approximately 10.7 acre(s) . This succeeds Ihe 10 acre limitation as ailowed for an area desill"ated Rural Area of Critical Economic Concern. The proposed use is for multiple family dwellings. Conduct a Public Hearing to consider a SPECIAL EXCEPTlON to anow mechanical and repair services and an outdoor vehicle sales lot within a Heavy Commercial (CHV) Zoning District (ref. LOR's Sec. 90-283(7)(18)) submitted by property owners Michael and Angela Armstrong. The subject property is located at 712 North Parrott Avenue. legal description: Lots 11 through 13 inclusive, of Block 57, City of Okee- chobee, Plat Booi< 5. Page 5. Public Records Okeechobee County, Florida. Petition No. OHJ02-SE Consider any proposed amendments. submitted by City Staff or citizens. to the Comprehensive Plan. which inciude the Land Development Regulations (lOR's) and render a recommendation to the City Couocil for consideratioo and final adoption. A copy of tl1t ,,,tire application(s) and agenda are available in the General Services Office. Rm 101 at City Hall or by calling Betty Clement at (863) 763-3372 x 218. Please be advised that the Board of Adjustment and Appeals wiD" serve as the deci- sion making body (quasi-judicial), on behaW of Ihe City; to approve or deny Special . Exceptions or Variance AppIication(s). The Planning Board will make rec0mmenda- tions to Ihe City Councii for consideration and fmal adoption of Comprehenslve Plan ::~~::.' Rezoning ApQlicalions and Land Development Regulatlo\1S (lOR'S) PlEASE TAKE NOTICE AND BE ADVISED Ihat ~ any person desires to appea!/IlY decision made by Ihe Planning BoardIBoard of Adjustments and Appeals wiII1 re- spect to any matter considered at this meetinQ. or hearing will need to lII1SlIII a ver- batim record of Ihe proceedings is made. which record Includes the tesIImony and evidence upon which the appeal is to be based. Tapes are used for the sole pur- pose of back-up torthe Cierk'S Office. In accordance with Ihe Americans with Oisabijities Act (ADA) and FlorIda Statute 286.26. persons with disabilities needing special accommodation to participaIe in Ihls proceeding should contact Betty Clement, no later Ihan two (2) wortIng days prior to the proceeding at 663-763-3372 x 218: W you are hearing or voice 1mjlaIred, caD TOO 1-800-222-3448 (voice) or1-88B-447-5620 (TlY). BY: Brian WlJitehall, Zoning Administrator 194283 ON 2/26;319107 ~-.,~,,:>~\:~~~"'~~-,."'~~ ,._.---~ . --:m:J'Sl ANC.c L HAVIISE ,"'''''''''' Comm# OD0563843 ~~~-IP(J(;;, ~f~ . % ExpifGS 5/14/2010 -l11.~""'- %;'fa<r.J;.i Florida Notary Asso. l'lc '" 11I11 ~J':':~~~':""".'..II' .... !I1@'.lillli.........5.Sf ~ CITY OF OKEECHOBEE - March 15, 2007- PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES a7?~c<~f cf:C 7 / /f PAGE -1- I. CALL TO ORDER - Chairperson: March 15,2007. Planning Board/Board of Adiustment and Appeals Regular Meetina 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns /11.lternate Epifanio Jurarez rn ~h [) 5i~ 110 . 011 ~f~ I II/ """Alternate Mike O'Connor J U I Attorney John R. Cook Planning Staff - Jim LaRue Secretary Betty Clement .....cIerI< C6f19iotea Absent III. MINUTES - Secretary A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the February 15, 2007, regular meeting. Board Member_14r,o~ moved to dispense with the rea~((Ja;v~t.h. e Summary of Agency Action for the February 15, 2007 regular meeting; seconded by Board Member }. VOTE YE NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR r:. ~ I ~ _ / MOTION: ~. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. tv () It) C -- V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT (0 : D~ P.M. PAGE -2- A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-004-SSA, submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The application is to change the Future Land Use designation from Single Family (SF) to Multi-Family (MF) for property located at 1925 Southeast 9th Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on April 3, 2007 before City Council. Background and Summary; The entire Blue Heron Subdivision was approved several years ago and presumably with the existing amenities (golf course, clubhouse and tennis). Unfortunately, the golf course and clubhouse and amenities were not platted as Recreation and Open Space, nor were they turned over to the Blue Heron's Home Owner's Association. Over the last few years, the golf course has fallen into disrepair and the golf course and open space areas have been sold to a private entity. The applicant states that improvements to the open space areas are contingent upon modification in density and a conversion of vacant property to developable lands. Therefore, the applications have been submitted as shown. The subject property is currently classified on the Future Land Use Map as Single Family. Some of the structures which are currently on one of the parcels supported the previous use as a golf course or clubhouse and are dilapidated. The applicant is requesting this Future Land Use Map Amendment and rezoning to Multi-Family in order to develop the property for multi- family uses. The Multi-Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. Thus, the property could potentially be developed with up to 191 units for both parcels. The applicant is requesting 192 units to be developed on the property. The applicant states that when the development is complete, it would consist of a revised golf course, a new clubhouse, 48 single family homes, 60 villas, and 84 condominiums. As stated, the maximum number of dwelling units allowed under the proposed Multi-Family category would be 191 dwelling units, so the applicant would need to remove one of the proposed units from the development if approval for a Future Land Use change were granted. Comprehensive Plan Analysis; Based on the application, it would appear that the proposed use (multi-family/golf course development) is not consistent with Objective 2 of the Future Land Use Element and its corresponding Policies (see attachment). Additionally, a decrease of open space from what was approved by a prior Development Order accelerates the potential for incompatibility. The proposed Multi-Family designation in an existing Single-Family development is not consistent with the Comprehensive Plan Policies. Also, the inclusion of a restaurant within this request, which could be used by the public and a more active golf course, adds more commercial impacts to a residential area. The City has just passed several "Best Management Practice" Policies which are enclosed (see attachment). The current application has not addressed how these Policies can be met since Open Space areas contiguous to water bodies are requested to be diminished if this application is approved. These potential environmental impacts have not been assessed. The application includes information supporting the fact that Villas and Golf Courses are a usual development option, but what is not apparent in this application, is the pre-planning of infrastructure and location of units, which is required prior to development rather than a "spar' land use approach after having already built a Single-Family Subdivision. Concurrency of Adequate Public Facilities; Before this request can be approved, the City must consider the proposed realistic impact on publiC facilities. This existing Single-Family street network does not have the capacity of accommodating nearly 200 more units in this Subdivision. The traffic comments included by the applicant do not refute this analysis. Potable Water Supply: The subject property is within the service area of the Okeechobee Utility Authority (OUA) who provides this service to City residents. The adopted LOS for potable water is 114 gpcpd. Given that the City has approximately 2.7 persons per household (U.S. Census), this level of service can be construed as 308 gallons per day. Impacts of this development are demonstrated below: 191 units x 114 gpcpd x 2.7 pph = 58,790 gpd Existing WTP Capacity = Committed and Used Capacity = Excess Capacity = 6.00 MGD 2.80 MGD 3.20 MGD Currently, the net combined average daily demand on the WTP is about 47% of the system capacity, according the OUA's Executive Director. As shown above, the existing capacity of the surface and ground water supply plants are 6 MGD, with PAGE -3- 2.8 MGD already committed to use. As such, the OUA has an excess of 3.2 MGD. The OUA has a pending Consumptive Use Permit (CUP) renewal application with the South Florida Water Management District for 4 MGD. In April of 2005, the OUA completed the expansion of the Surface WTP to bring the DEP permitted capacity to 5 MGD. The Ground WTP has permitted capacity of 1 MGD. Thus, the OUA water treatment capability is 6 MGD. For the current 12 month analysis completed by the OUA, there is approximately 0.8 GPD of available CUP capacity and 4 MGD of treatment plant capacity. As such, the OUA would have capacity to serve the proposed development. Wastewater Disposal: The adopted LOS for wastewater disposal is 130 gallons/ capita/day. The subject property is within the service area of the Okeechobee Utility Authority (OUA). The impacts for the subject property is shown below: 191 units x 130 gpcpd x 2.7 pph = 67,041 gpd Existing WWTP Capacity = Committed and Used Capacity = Excess Capacity 1.00 MGD 0.86 MGD = 0.14 MGD At this time, the Plant is not showing enough capacity. Although expansion of the Wastewater Plant is contemplated in the future, there are two Large Scale Plan Amendments recently approved that would have priority over this application, and would accommodate the new projected capacity of an expanded Wastewater Treatment Plant. Also, the clubhouse when refurbished with a restaurant would also have an impact that has not been contemplated in this application. Solid Waste Disposal: The City has an adopted LOS of 13 Ibs/capita/day and 3 years available landfill capacity for solid waste disposal. The proposed residential development would generate approximately 6,704 Ibs/day of solid waste. The applicant has not provided confirmation from Okeechobee County which determines whether the existing landfill will have capacity to serve the proposed development. Drainage/Stormwater Management: The adopted LOS for drainage is Design Storm, 25-year/24 hour duration. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code. Because of the vulnerability of Taylor Creek, there has been a more specific delineation of the Best Management Practices used for water quality enhancement in stormwater discharges. The applicant will be required to adhere to these newly created Objective and Policies and it is not clear that the proposed change in Future Land Use would be consistent with these Policies. Recreation and Open Space: The adopted LOS for Recreation and Open Space is 3 acres/1 ,000 persons. The proposed development is projected to increase the City's population by approximately 516 additional people. The development would need approximately 1.5 acres of recreational facilities in order to meet the adopted LOS for parks. Unfortunately, the absolute number of acres for Recreation use has been diminished. Roads and Traffic Circulation: The City's minimum LOS standard for principal arterial roadways is LOS C. All other roads have an LOS D. This LOS must be maintained on the site for all roadways serving the site. The applicant has provided a traffic summary which intends to show how traffic would be impacted by the proposed Development. It was estimated that the proposed land use change would result in an increase of 292 daily trips. This traffic summary is inadequate to justify that the existing Level of Service for local roads would not be degraded. Compatibility with Adjacent and Nearby Land Uses; the proposed land use change to Multi-Family at 10 dwelling units per acre for the entire site would not be compatible for this location. The above analysis indicates that this level of density would not be appropriate for this site. The Goals, Objectives and Policies, as they are intended within the Comprehensive Plan, would not support an Amendment to the Future Land Use Map to Multi-Family as has been explained above. Analysis and Conclusion; staff recommends denial of the applicant's request to amend the Future Land Use Map to Multi- Family as it is inconsistent with the City's Comprehensive Plan. 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It.,zLt7 Ai '1/ tJ1""-W, ~~~~~~ . ~ "-....... , ~~~I ::: Board Member moved to find Comprehensive Plan Map Amendment Petition No. 07 -004-SSA cons;stent/;ncons;stentwith the Comprehensive Plan, and recommend approval/den;alto City Council; seconded by Board Member PAGE -4- VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR" . - I MOTION: Cl>>J~.1.4_. . :s B. Consider Rezoning Petition No. 07-695-R submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The petition is to change the current zoning from Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF) for property located at 1925 Southeast 9th Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on April 17, 2007 before City Council Summary; the subject property consists of 19.1 acres. The lots are basically undeveloped as the property was previously used as a golf course and supporting structures such as a clubhouse. The site has a Future Land Use Map designation of Single-Family. However, to make the property consistent with the requested Future Land Use Category of Multi-Family, the applicant is requesting to rezone the property to RMF. The surrounding existing uses are predominantly single family. The request to rezone this property would be inconsistent with the current Future Land Use Category and allow development that would not have been planned for the existing single-family neighborhood. Analysis; Yes, the proposed use is contrary to the Comprehensive Plan requirements. The Multi-Family Future Land Use Category permits this type of development at a maximum destiny of 10 units per acre as compared to an existing Single-Family Future Land Use designation at 4 units per acre. As such, the applicant would be allowed to develop the property with 191 units and that would be inconsistent with the Single-Family Future Land Use designation. The applicant is requesting to develop the property with a golf course, a clubhouse, 48 single family homes, 60 villas, and 84 condominiums. Section 90-192(1), (3). and (7) allows single family dwellings, multi-family dwellings, and public facilities as a permitted use. It is authorized under the RMF District, but not the RSFl Zoning District. The proposed use and zoning, if approved, would have a negative impact for the public interest of the City. The subject property may not demonstrate adequate access to a functioning street and over urbanizes the existing land use patterns which would result in incompatibility with existing and adjacent land uses. The proposed use might negatively impact adjacent property values and discourage improvement to the neighborhood. Buffering might be difficult to do since there are not many choices as to the positioning of the new units. Given the size of the Development and the density that could be allowed, the impact on the public facilities will be much greater than planned. The development being proposed for this site could create traffic congestion. Drainage issues have not been fully evaluated for this Zoning change. This request, if granted, would reflect a grant of privilege versus being negative for the public. PAGE -5- Summary and Conclusion; based on the above information, the applicant's request is inconsistent with the Goals, Objectives and Policies in the Comprehensive Plan. Recommendation; staff recommends denial of the request to allow rezoning from RSF-1 to RMF as the request is incompatible with the S' gle-Family Future Land Use designation. Board Member with the Compr Member moved to find Rezoning Petition No. 07-006-R consistent/inconsistent ive Plan and recommend approval/denial to the City Council; seconded by Board VOTE YEA NAY ABSTAIN ABSENT LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR '..' . ~ n MOTION: (~. QUASI-JUDICIAL NOT SERVING AS A VOTING MEMBER A. Consider Special Exception No. 07-002-SE, submitted by property owners Michael and Angela Armstrong. The application is to allow mechanical and repair services and an outdoor vehicle sales lot within a Heavy Commercial (CHV) Zoning district (ref. Code Book Sec. 90-283(7)(18)). The property is located at 712 North Parrott Avenue. Legal description: Lots 11 through 13 inclusive, of Block 57, City of Okeechobee. Planning Consultant. Consistency with LDR's; the use is not contrary to the Comprehensive Plan requirements. The proposed use as a used car sales lot is appropriate for an arterial roadway such as US 441. Section 90-283(18) of the Land Development Code includes an outdoor vehicle sales lot as a special exception use. This use will not have an adverse effect of the public interest. The proposed use should be compatible for the location. However, through the site plan review process, there must be particular attention given to parking, buffering and trash collection facilities being appropriately screened. If the proposed use demonstrates that it will have the required ingress/egress and landscaping at the site plan review phase, it will not adversely affect property values nor be a deterrent to the development of the surrounding area. This use must be properly landscaped and designed to avoid negative traffic impacts and unsightliness. Parking spaces for customers should be properly marked. Density is not an issue in this case. The applicant will be required to properly design the site in order to prevent traffic congestion in terms of ingress/egress. The subject property is approximately 0.5 acre(s) on the corner of N Parrott Avenue and NE 8th Street and is subject to this Special Use Exception petition. The applicant intends to develop the vacant parcel as a used car lot. The dwelling will have public utilities and the adjoining property users are as follows: North: Railroad Tracks, East: Repair Shop, South: Oil Change Shop, West: Car Lot. Recommendation; move that Petition No. 07-002-SE be approved with adequate provisions given for ingress/egress, available parking and landscaping. These conditions should be examined during the site plan review phase. (j? - Gee /\ (1/ ~~ 1LCt--Le7 ~-(~Y'-J2 , Q6{)~(J , r=-' Board Member1!J4 u..utJ.... moved t;;;'~prov)ldeny Special Exception No. 07-002-SE to allow mechanical and repair services and an outdoor vehic1e~s lot within a Heavy Commercial (CHV) Zoning district (ref. Code Book Sec. 90-283(7)(18)) for property located at 712 North Parrott Avenue; seconded by Board Member IJ"L../L(J /\ y,,?/ . ~I-t;e~_;/ch ~:,i<-_- ('f24'7L- u~~-- Page 6 VOTE Y A NAY ABSTAIN ABSENT LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR MOTION: 8Jj~. NOT SERVING AS A VOTING MEMBER 1r.CJIlf. M... CLOSE PUBLIC HEARING - Chairperson. ;A,I 1" VI. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. _ tJ'f) AI t' B. Consider and discuss proposed Planned Unit Development (PUD) regulations (ref. Code Book Sec. 90-401) _ Planning Consultant. MEMORANDUM DATE: March 2, 2007 TO: Planning Board members FROM: Bill Brisson RE: Proposed PUD regulations At its meeting on February 6, 2007, the City Council passed a Resolution enacting Zoning in Progress pertaining to development in the PUD zoning district. This resolution directed that no site plans for development within the PUD Zoning District will be accepted or reviewed by the City until new PUD regulations have been adopted. During the meeting, the City Council directed LaRue Planning & Management Services, Inc. to prepare new PUD regulations for discussion and consideration by the Planning Board at its March 15, 2007 meeting. In this regard, the following materials will provide you with a brief explanation of the back-ground behind, and rationale supporting, our proposed regulations, and an east-to-read version of the proposed regulations. A legislative draft, in strike- out and underline format, will be provided to you prior to the meeting. Please review these materials. If you have any questions or comments, please call me and we can discuss your thoughts over the phone. This will allow me to be better prepared to address your concerns at the meeting. PLANNED UNIT DEVELOPMENT (PUD) DISCUSSION MATERIALS BACKGROUND There appears to be an interest among a number of property owners in developing some rather significant projects in the City. Some of these may eventually come forth as proposed Planned Unit Developments (PUDs). -- --. ------ ---- ._------. ---. .-------- ----- I ._ {',; .- (..'/......-- .--'L ~ ~-~V/(L o/fipd -!3&,u<kftL'tM . ~~:/_~!;:J-;::~~~~-&~ ~ 1 ,Lcfs 12 /' rl) I Vf;~lIvdl- (~~ he lahLckll~ ~ ~'o--L ~ .. /;'J ?~ .c/""-,u, jL-<..i:Z-" (; 1) . 4J~g'.t..~~~- 36'bh[ W-~~ /41,C/U W'~ :nft::,:~A /~fWL\ ~ ~ U V SC 0U~ h- a I / / , (, Page 7 After reviewing the City's current PUD regulations, we believe they do not adequately safeguard the City's interest and promote improved development patterns. The purpose of a PUD is usually intended to provide greater flexibility of development and to promote innovation and creative design, and in so doing protect environmentally sensitive areas and/or provide enhanced levels of open space or amenities. While the City's current PUD provisions allow some flexibility, mainly by allowing the developer to calculate density on a project-wide basis, they do not necessarily ensure an improved living environment. Specifically, the present PUD regulations do not provide for open space or protect environmentally sensitive lands any better than the current traditional zoning district regulations. With the likelihood that the City may soon see applications to develop under its PUD provisions, the City Council agreed that now would be the time to update its PUD district regulations. The most pressing issue at this time would appear to be the need to create a comprehensive set of regulations for residential planned unit developments. This appears to be the area in which the most interest lies at the moment. It will likely be necessary to address mixed-use PUDs in the future. However, while Section 90-402 of City's Land Development Regulations (LDRs) implies that mixed use is allowed, nowhere in the City's Comprehensive Plan is there a policy that permits mixed use. For example, commercial uses are not permitted in the residential land use categories and vice versa. EXPLANATION OF THE MAJOR CHANGES PROPOSED We are proposing to create an entirely new PUD district. This is the PUD-R district which allows only residential use, accessory uses and recreational, public and semipublic uses. The following briefly describes the various changes we are proposing to the current regulations. The new proposed regulations are shown beginning on page 3 of this memorandum. 1. The current regulations do not provide a clear statement of the purpose of the PUD. We have included such a statement for the Residential PUD district (PUD-R). 2. In addition to the 5-acre minimum size, we have added a requirement for at least 100 feet of frontage to ensure that there is adequate access to the property from a public roadway. 3. We have made it clear that density will only be calculated on privately owned property and excludes public rights-of- way that were not abandoned prior to the rezoning to PUD. 4. We have suggested adding a maximum building dimension, to avoid single buildings that are out of character or scale with the community. 5. There will be no individual minimum lot sizes or minimum yards for property within the PUD, but we have suggested a minimum separation of buildings. The proposed minimum separation is less than now currently required when multiple buildings are located on a single parcel. For example, in the RMF district, the minimum side yard is 20 feet, so when there are multiple structures on the same parcel they must be treated as if they were on separate parcels (see Sec. 90-450) which would mean each building would have a side yard of 20 feet. This means that the two buildings would be 40 feet apart. The proposed separation distance is one-half the average height of the two buildings. So, for 35-foot high buildings, for example, the separation would be 17.5 feet. However, no buildings will be allowed to be separated by less than 15 feet. 6. In order to ensure that residential PUDs are not too crowded and provide for an adequate living environment in conformance with the intent of the PUD district, minimum open space requirements are proposed, with limitations as to how much of the required open space can be in the form of lakes or retention areas. We are also suggesting that a certain amount of the required open space be usable open space. This means that the open space is of a size that can have a practical value to the occupants of the project, not just narrow strips of landscaping or grass, or just open water bodies. 7. We are also suggesting that an improved recreation area be provided when the PUD includes portions of the development that are likely oriented towards families (based on the number of units with two or more bedrooms). 8. Finally, we have included a series of development review standards that can be used in evaluating the conceptual plan to determine if the initial request for a rezoning to the PUD-R district should be approved. Page 8 We hope this brief explanation will be helpful to you in preparing for our meeting on March 15th. The actual proposed regulations for the PUD-R district follow: We hope this brief explanation will be helpful to you in preparing for our meeting on March 15th. The actual proposed regulations for the PUD-R district follow: Proposed Regulations Residential Planned Unit Development (PUD-R) District 1. Defined: A parcel to be planned and developed as a single entity containing one or more types of residential dwelling units. Appropriate recreational, public and semipublic uses may be included if such uses are primarily for the benefit of the residential development. 2.. Purpose and intent: The PUD-R district is established to encourage innovative creative designs; to ensure enhanced open space and/or amenities and an improved living environment; to protect environmentally sensitive areas; to promote high standards in the layout, design and construction; to ensure development of the site in a manner harmonious with surrounding areas and community facilities; and to provide for safe and efficient internal and external traffic circulation. 3. Location: A PUD-R district is permissible only on tracts within areas designated on the Future Land Use Map in the comprehensive plan as single-family or multi-family. 4. Permitted uses: a. Allowable uses in a PUD-R district located on lands designated single-family on the Future Land Use Map include detached single family dwellings, zero lot line single-family dwellings and mobile homes in a mobile home park, public facilities, and structures and uses accessory to the primary residential use. b. Allowable uses in a PUD-R district located on lands designated multi-family on the future land use map include detached single-family dwellings, zero lot line single family dwellings, mobile homes in a mobile home park, two-family and multi-family dwellings, adult family care or assisted living facilities, public facilities and structures and uses accessory to the primary residential use. 5. Dimensional standards: The dimensional standards for the PUD-R zoning district shall be as follows: a. Minimum parcel size: Five contiguous acres under single ownership with at a minimum of frontage of 100 feet on a public street. Properties will be considered contiguous if they are separated only by public rights-of-way and no individual parcel is less than two acres in area. b. Maximum density: Maximum density allowable in the PUD-R zoning district shall be as follows: MAXIMUM GROSS DENSITY (1) Land Use Housing Designation Component Conventional Affordable Housing Housing Single-family 4 d.u. per acre 5 d.u. per acre (1 ) Single-family Mobile home 6 d.u. per acre 6 d.u. per acre (2) Multi-family All housing types 10 d.u. per acre 11 d.u. per acre (1) Gross acreage in PUD (excluding public streets and rights-of-way existing prior to rezoning to the PUD-R district) divided by the total number of dwelling units. c. Maximum height: No building, structure or part thereof shall exceed a total height 45 feet, except as approved by special exception. Page 9 d. Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 150 feet for anyone building face. e. Minimum perimeter set back. No building or structure shall be located closer than 20 feet to any perimeter boundary of the PUD-R district. f. Minimum separation between buildings. Buildings shall be separated from each other by a distance equal to one-half the average of the total height of the buildings, but in no case shall the separation be less than 15 feet. g. Maximum lot coverage and impervious surface coverage: Maximum allowable lot coverage is 40% and the aggregate of lot coverage and impervious surface area shall not exceed 60% of the gross land area of the PUD-R district (excluding public streets and rights-of-way existing prior to rezoning to the PUD-R district). h. Minimum open space. An area equal to not less than 35% of the area of the PUD-R district shall be reserved for landscaping and open space. Not more than 50% of the area of water bodies located entirely within the PUD-R district may be counted towards the minimum open space requirement provided, however, that such areas may not comprise more than 50% (?) of the total open space requirement. i. Minimum usable open space. An area equal to not less than 7.5% of the land area of the PUD-R district shall be reserved for usable open space. (1) For the purposes of this requirement, land areas meeting the following criteria shall qualify as usable open space: (a) common land areas, either landscaped or developed in active recreation, but not located within a residential structure, that have a minimum dimension of 20 feet in length and width and that comprise a contiguous area of not less than 2,000 square feet; and (b) ground level open patios or courtyards with a depth of not less than 15 feet and that are oriented towards individual dwelling units. (2) For the purposes of this requirement, areas meeting the following criteria do not qualify as usable open space: (a) land areas with a slope of greater than 8-to-1; (b) spaces located between the ends of buildings which spaces are individually less than 2,000 square feet in area; (c) perimeter landscape buffers located between c=vehicular use areas and public right-of-way or perimeter property lines; and (d) water bodies or dry retention areas. j. Improved recreation areas required. Multi-family areas or developments of five acres or more in size, or containing 50 or more dwelling units, shall provide an improved recreation/play area. Said recreation area shall have at lease 15 square feet of land area for each dwelling unit with two or more bedrooms. The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced. The improved recreation area shall be constructed in accordance with the U. S. Consumer Products Safety Commission guidelines. A development may use all or a portion of its usable open space to satisfy this requirement. This requirement shall not apply to multi-family developments, or portions thereof, that are restricted by deed, notation on the face of the plat, or other recorded instrument which, in the opinion of the city attorney, that limits occupancy within the development, or portion thereof, to adults. 6. General Development Review Standards: The following general standards shall be utilized in evaluating and establishing conditions for a PUD-R district and in reviewing conceptual and final site plans: Page 10 a. Physical characteristics of the site. The property shall be suitable for development in the manner proposed without hazard to persons or property, on or off the site. Conditions of soil, groundwater level, drainage, and topography shall be appropriate to both type and pattern of use intended. b. Compatibility. PUD-R districts shall be located and designed so as to minimize the negative effects of external impacts resulting from factors such as traffic, noise, or lights. Project control shall be accomplished through techniques such as buffering, site design, height limitations, and density or intensity limitations. c. Relationship to adjacent property. Developments in a PUD-R district shall include additional screening, buffering, transitional uses or other design features, as necessary, to adequately protect existing or probable uses of surrounding property. d. Access. Principal vehicular access pOints shall be designed to encourage smooth traffic flow with controlled access and turning movements and minimum hazards to vehicular and pedestrian safety. Vehicular access to streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes friction and excessive interruptions, and promotes vehicular and pedestrian safety. e. Streets, drives, parking and service areas. Streets, drives, parking and service areas shall provide safe and convenient access to all buildings and general facilities. f. Natural and historic features. Developments in a PUD-R district shall be designed to preserve natural features of the land and historic resources, such as existing trees, natural topography, and historic and archeological sites, as much as possible. g. Density. Density shall not exceed maximums established in the Comprehensive Plan and shall be established after consideration of criteria in the Comprehensive Plan, neighborhood compatibility and site design. h. Height. Allowable height in developments in a PUD-R district shall be determined after review of the surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. i. Fences and screening. Fences or vegetative screening at the periphery of a development in a PUD-R district shall be provided to protect occupants from undesirable views, lighting, noise or other off-site influences, or to protect occupants of adjoining properties form similar adverse influences. j. Screening of trash and refuse containers. All central refuse, trash and garbage collections containers, or those serving multiple dwelling units, shall be screen be screened from sight or located in a such a manner so as not to be visible from any public area within or adjacent to the PUD-R district. VII. 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'7W12~~ ~ ~~(!l e~ ttJtfddtp -J7J. i.J (j(o~, -/(1 Ss- f\k,...d~ fw.ll~ _ LtIL.- - i<ltfr; )<~J - 5l..t,,-~~ ~Uf11 - f110?~ /A: (f~~ ~~ " LPt", -/ ,,-.,..L;U~ , . { (/'~...., //;'1. II ~ '.~~ 7 ~) 1Jj)UJU')[ v (P()?/tU-d/~ 1~f; -.~ - Cb~ - ~c/o ~,'-'-- 4- w~r;Lr "-'/ ce ~ uiC7k _ ~I'- fi,([)- ~ t-,~ . ,:t ".!vi uP - ~ taliItr /'7[ t, /I ' a /. . 1/ ,. '. . / ()~L--(!6j.za; ~ '~- ~/U ~ ()f/ ~ 7if'f f m tc;r " . ~cc(L- [05 ~ ~ (dL~ fJ ~~~0J1 f I ffi . ' a LL _ #-L .., ., It. " ~'Y~ vo C ' . 7lPl;fhl c!d+aJfrL OA~! 0.? n ,J y 5t1-?1. WI. 111;l, W -. . j <S.t2~~ - ~..- -A-'/L-Y-;?- ~ , J'~-~' 0- /7/1- / ;J //liC17V7( a/~r ' ,5 --' CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING MARCH 15, 2007 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, March 15,2007,6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook City Planner Jim LaRue General Services Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the February 15, 2006, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. MARCH 15, 2007 - PB/BOA AGENDA - PAGE 2 OF 2 .1 A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-004-SSA, submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The application is to change the Future Land Use designation from Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF) for property located at 1925 Southeast 9th Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida - Planning Consultant. B. Application will be forwarded in ordinance form for a final Public Hearing on April 3, 2007 before City Council. Consider Rezoning Petition No. 07 -mi-R submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. on behalf of property owners Donald McBrayer and Marty Stevens. The petition is to change the current zoning from Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF) for property located at 1925 Southeast 9th Avenue. Legal description: a parcel of land lying in and comprising of a portion of Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on April 17, 2007 before City Council. QUASI-JUDICIAL A. Consider Special Exception No. 07-002-SE, submitted by property owners Michael and Angela Armstrong. The application is to allow mechanical and repair services and an outdoor vehicle sales lot within a Heavy Commercial (CHV) Zoning district (ref. Code Book Sec. 90-283(7)(18)). The property is located at 712 North Parrott Avenue. Legal description: Lots 11 through 13 inclusive, of Block 57, City of Okeechobee - Planning Consultant. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. B. Consider and discuss proposed Planned Unit Development (PUD) regulations - Planning Consultant VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing 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 tapes are for the sole purpose of backup for official records of the Department 15 March 2007 The following is provided to clarify our application information for the rezoning of the Blue Heron property relative to the Information contained In the Staff Report. For clarity, the information is provided under the corresponding heading from the Staff Report. Each heading is in Bold Type for ease of Identification. If you have any questions or if we may assist you in any way, please contact us at: Warren W. Snyder L. H. "Jack" Handley Southeast Contractors &. Engineers, Inc. 135 East Center Avenue Sebring, FL 33870 Telephone: (863) 382-3002 FAX: (863) 402-1760 E-mail: warren_s@earthlink.net Summary: The request covers two separate parcels. The two areas, one with 8.4 acres and one with 10.7 acres, are for the condominiums and villas respectively. The condominium buildings will be con- structed on land that is currently occupied by the dilapidated existing clubhouse/pro-shop, the vir- tually destroyed golf cart barn, unusable tennis courts, and the existing road as indicated in the Staff Report. The villas will be on the 10.7 acre area surrounded by golf course on three sides. This area, in the preliminary plat of the original development is for single family homes and is un- kempt and overgrown and NOT currently in use for any purpose. 1. The proposed use is not contrary to Comprehensive Plan requirements. The requested zoning for the 8.4 acres is for a maximum density of 10 units per acre as indicated in the Staff Report. Villas (duplexes) will be developed on the 10.7 acres so a maximum density of 10 units per acre is NOT required. Additionally, if the total acreage to be developed (45.8 acres) is considered, the average density is 4.19 dwelling units per acre. Therefore, the overall density is only slightly greater than the 4 dwelling units per acre allowed for single family development of this entire parcel. To attain the overall average of 4 dwelling units per acre, the total number of units would have to be decreased by only 9 dwelling units to achieve the same level of density as al- lowed for single family development. This is not a significant departure from the current allowable density. 2. The proposed use being applied for is specifically authorized under the zoning disbict in the Land Development Regulations. "It is authorized under the RMF District but not the RSFl Zoning District." This is the reason for the requested rezoning. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will, first generate jobs during the construction of the condominium buildings and clubhouse and additional jobs for the construction of the villas and single family homes, as well as on-going employment In the administration and maintenance of the timeshare units and golf course. Also, there wlIl be an estimated first year economic infusion of just under $5.5 Million and an on-going out year economic infusion of just under $4.8 Million directly in to the Okeechobee economy. That is outside money coming in, not re-circulated money. The existing Blue Heron wa- ter system is being donated to OUA. As the property is developed, the OUA water system serving the existing Blue Heron residents and the new development will be converted to a loop system vs. the existing closed end system. This wlIl ensure a much improved water supply and system for all residents. Additionally, the following benefits will also be derived by granting the rezoning request: 1. Golf Course - The course will be refurbished and revitalized. The course will be put in to excellent, playable condition and become a viable recreational facility available to all area golfers. 2. Clubhouse - A new 11,500 square foot club house will be constructed to house offices, pro-shop, a first class restaurant and lounge with a community center and meeting/confer- ence rooms available to all area residents. The restaurant will serve breakfast, lunch and dinner and cater private parties. There will be an adjacent outdoor patio overlooking the loth and 18th fairways with food and beverage service available. 3. New Single family Homes - 48 1/3 acre home sites wlIl be available for construction there by a<Jding to the City tax base. The infrastructure will include central water from OUA, cable TV, telephone, and internet services. Homeowners will be members of the existing Blue Heroll Home Owners Association. These units will be constructed on land identified in the original preliminary plat as SfRl . 4. Deluxe Villa Sites - 60 Deluxe Villas (duplexes) will be built, each with 1650 - 1800 living square feet and garage with upscale appointments and landscaping. They will appear to be large single family residences with the exception of two garage areas. These units will be constructed on land identified in the original preliminary plat as SfR I and located on the 10.7 acre parcel for which rezoning is requested. 5. Canal front Condominiums - 84 condominiums units will be built on Augustus Canal with a canal view on one side and a golf course view on the other. A golf package wlIl be included in the weekly time- share maintenance fee to provide owners with golf access as well as contributing steady, non-seasonal base revenues to the golf course to offset the ongoing maintenance requirements, thus ensuring the quality and longevity of the course. Addition- ally, visitors will contribute a significant capital infusion into the local economy as well as a substantial increase in the City tax base as indicated above. This is the 8.4 acre site cur- rently occupied by the dilapidated existing clubhouse/pro-shop, the virtually destroyed golf cart barn, unusable tennis courts, and the existing road. This area is identified in the exist- ing Comprehensive Plan as SfR 1 . All of this is an exceedingly POSITIVE effect on the public interest. 4. The use is appropriate for tlle location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. As stated above, when considering the total acreage to be developed (45.8 acresL the resulting density Is 4.19 dwelling units per acre. Therefore, the overall density is only slightly greater than the 4 dwelling units per acre allowed under the current Comprehensive Pian designation for single family development of this entire parcel. The 9 unit differential is not a significant urbanization of the location. As far as adequate access is concerned, there are two primary routes to the property. Our traffic estimates reflect an increase of activity over previous levels experienced when the golf course was in its prime to be only one vehicle every 7.5 minutes. assuming ALL owners are In resi- dence. Even if the estimate is doubled. the traffic flow increases only to 16 vehicles per hour for twelve hours with zero impact on the other 12 hours. That does not appear to be an increase that existing roadways couldn't handle. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. By returning the golf course to excellent playing condition, creation of the bulk headed promenade by Augustus Canal available to the public, as well as the boat ramp available to the public, and the addition of a first class restaurant and lounge in the new clubhouse with meeting/conference/ban- quet facllltles, property values will be POSITIVELY impacted. 6. The proposed use can be buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Buffering is not required as no nuisance or hazard will be created by the development. In deed, the unsightly entrance to Blue Heron, an old wall, unkempt grassy berm, and large maintenance shed will all be removed thereby removing this visual nuisance. Additionally, the dilapidated exist- Ing pro shop, cart shop remains and unkempt unusable tennis courts will be removed, thus elimi- nating these visual nuisances as well. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Schools are potentially impacted by the villas and single family homes only. The target market for the villas is retirees and golfers. The 84 condominiums are time-share and have no permanent resi- dents. It is anticipated that a significant portion of the villas and homes will be purchased by "snow birds. or second home owners currently having a primary residence in a major Florida city or on the east coast who will use their property for vacation/get-away residences rather than be perma- nent residents, thus ameliorating the impact on schools further. The impact on traffic flow and streets has been discussed above. Utility services such as electricity, water; telephone, solid waste, etc. all have sufficient capacity and will not be adversely affected. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The impact on traffic flow and streets has been discussed above and would not have a significant Impact, I.e. even if the estimate is doubled, the traffic flow increases only to i 6 vehicles per hour for twelve hours with zero Impact on the other 12 hours. DraInage Issues have had a preliminary review, and barring any unforeseen difficuity, can be accommodated during the engineering devel- opment for the project. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. UN/A" as indicated in the Staffing Report. 1 O. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with public welfare. This request is not for an individual owner per se. The request is made to allow the overall im- provement and development of approximately I 10 unused/unimproved acres that will have signifi- cant public benefits, not only to the unit purchasers of the time-share weeks, villas, and single fam- ily homes, but to the public at large through creation of jobs, recurring infusion of capitaL im- proved recreational facilities, and improved property values to nearby residents, as discussed above. IS March 2007 The following is provided to clarify our application information for the request for a Comprehensive Pian change for the Blue Heron property relative to the information contained in the Staff Report. For clarity, the information is provided under the corresponding heading from the Staff Report. Each heading Is In Bold Type for ease of Identification. If you have any questions or if we may assist you in any way, please contact us at: Warren W. Snyder L. H. "Jack" Handley Southeast Contractors & Engineers, Inc. 135 East Center Avenue Sebring, FL 33870 Telephone: (863) 382-3002 FAX: (863) 402-1760 E-mail: Will.r~n_s@earthlinK.net Background and Summary The proposed development of 48 single family homes, 60 villas, and 84 condominiums is NOT all included in the two areas that the request is for. The two areas, one with 8.4 acres and one with 10.7 acres, are for the condominiums and villas respectively. The single family homes will be con- structed on 48 single family sites in the original preliminary plat located outside the 19.1 acres in the request. The total acreage to be developed, including the single family homes is 45.8 acres. A. Consistency with the Land Use Categories and Plan Policies. The condominium buildings will be constructed on land that is currently occupied by the dilapi- dated existing clubhouse/pro-shop, the virtually destroyed golf cart barn, unusable tennis courts, and the existing road. The less than 1.2 acres of the 8.4 acre site that the condominium buildings will occupy will leave the remaining space in its current use, as open space and parking. The area next to Augustus Canal will have new bulk-heading, floating docks, and a pedestrian walkway with seating, lighting and landscaping for evening strolls by the waterway, thus providing much improved access to and enjoyment of this area contiguous to water bodies over its existing condition. Addi- tionally, with the construction of the new.clubhouse, the restaurant contained therein will look out over the lake located between the lOth and 18th fairways, thus providing a more visually pleasing view while dining. These amenities with actually increase the enjoyment of the existing water bod- ies to the population at large, rather than diminish them since their current condition is virtually unusable by anyone. While the villas were not in the original development concept the original preliminary plat for the currently undeveloped portion of the golf course community created a natural area for there devel- opment, the 10.7 acre area surrounded by golf course on three sides. This area, in the preliminary plat is for single family homes. The only change to the infrastructure will be the number of units constructed. Roads still have to be built water and electrical lines installed, and septic systems installed. Those items are required for single family homes as well as villas. .. B. Concurrency of Adequate PubUc f'aclUties Our traffic estimates reflect an increase of activity over previous levels experienced when the golf course was in its prime to be only one vehicle every 7.5 minutes. assuming ALL owners are In resi- dence. Even if the estimate Is doubled. the traffic flow increases only to 16 vehicles per hour. That does not appear to be a significant increase. Potable Water Supply: OUA has the capacity per the Staff Report. Wastewater Disposal: Only the 84 condominium units will be on the sewer system. Thus. the calcu- lation using the formula in the Staff Report Is: 84 units x 130 gpcpd x 2.7 pph = 29484. That Is 37557 (56%) less that indicated in the Staff Report. SoUd Waste Disposal: On 3/14/07 Okeechobee Sold Waste referred us to Waste Management at (863) 357-0111. At 11 :30 AM Mr. Archie Wolfe of our office contacted Waste Management con- cerning the 6.704 Ibs/day of solid waste Identified In the Staff Report. He asked Ms. Dawne Pres- sendo If this would be a problem. She conferred with Mr. Joe Fasulo who indicated that this vol- ume was NOT a problem. DratnagejStonnwater Management: These requirements will be met. Recreation and Open Space: The golf course Is a recreational facility of approximately 65 acres. This area has been Increased by approximately .6 acres due to the inclusion of a small parcel iden- tified by the City. AddItionaliy. two parcels totaling approximately .9 acres of land currently In the parcel to be developed as single family homes are or will be part of the golf course. thereby in- creasIng It by a total of 1 .5 acres. Roads and Traffic Circulation: According to the Florida Department of Transportation Systems Planning Office. Non-State City/County 2 lane undivided roadways. the LOS C daily volume is 9.100 and LOS D is 14.600. For comparison purposes. the actual dally volume on SR 70 is 35.000. That means to exceed LOS C on the two routes in to Blue Heron. the dally volume would have to exceed 26% of the volume on SR 70 to impact LOS C and 41.7% of that traffic to impact LOS D. While traffic counts were not available for those routes. from observation. it would appear that the addi- tional traffic generated by this change would have virtually no chance of impacting the LOS C. much less. LOS D. Additionally. Mr. Stu Myers of the Bartow office stated that nothing that could be done in Blue Heron would have any impact on SR 70. C. CompatiblUty with Adjacent and Nearby Land Uses The request is not for Multi-Family at 1 0 ~welllng units per acre. As indicated in our package. only the 8.4 acres for the condominiums is at 10 dwelling units per acre. The 10.7 acres of the villas will be duplexes. The remainder of the land to be developed will remain as single family. D. CompUance with Specific Standards of the Plan If the total acreage to be developed (45.8 acres) is considered. the average density is 4.19 dwelling units per acre. Therefore. the overall density is oniy slightly greater than the 4 dwelling units per acre allowed for single family development of this entire parcel. To attain the overall average of 4 dwelling unIts per acre. the total number of units would have to be decreased by only 9 dwelling units to achieve the same level of density as allowed for sIngle family development. This Is not a signiflcant departure from the current allowable density. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ert. 218 Fax: (863) 763-1686 Petition No. Date: - otJ t.{ - SS Fee Paid: - Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) t/ Name of property owner(s): j)oll\~IJ M4.B.,..4.Y~'" .t Ma.r'\~ b~ L.4D"S, ~ ~~"e.1O\ 5 A Owner mailing address: /poi ~Ee~ ~"t"V"ec"'t., Ol<.e<<eke~CC., PL. 3'197~ p p . . . . 5~e46-t ~'t;~1Cr5l e-""~....e'c..r-s L Name of apphcant(s) If other than owner (state relatIOnship): lO'\Cl. - PU"'~selr- I Applicant mailing address: /36 G". Ceo... ~e'" A 1Ic...c "'C', .5 c..b .,../'1c.r J FL. 3'5 B 70 c A . . w~ry-e.Jo-\ W 611\~cle...r - Prl!,id~wt~ N Name of contact person (state relatIOnship): 6ou't't\..eb!'l. ~ C-'" tr~1!. +C"" i-e""q 1';C::~rw; > I "'~. T Contact person daytime phone(s): Ce~3) 3B2.- .30()Z. Fax{s.c.~)..oz. - 17~O V Property address I directions to propertY:'~lS" :SG' 9rltAv~'J D(~ec!..L"ob~~, 1=1- l)ct~7~ Parcel Identification Number: 2. - 2. 7 - 37- 3 fi - 0 R 00 - o~o I - 0000 z- ~i - ~7-35"- 0,'.\00 -0000 I-ROOD Size of the Property (in acres): 'i57.~ 10)1 ~ .,.,.~t ;'J 1.1f'" ~.9 - v.ll6., c.s-. sso lo3.Z" IB.~. c..-*"""",,;u""$ Current Zoning Designation: t. I '11\9 I -e Fo.~, ly P R Current Future Land Use Designation: 5if'\9Le. ~ 1Nj', '$ 0 Existing Use of the Property: U&.<\O... ve.l (:) pttd Ia...,,& P C::oe.l~ C,&U",s e:. E .~:>. .(;.J;'1~ ~~- V:LI6J - 6Mult:" fA~' Iy , Proposed Future Land Use DeSIgnatIOn. &.4 b.4."e:,- ~~OM:O\:'.h.,,,\S _ M...I~:- f.~1 hI R Proposed Use of the Property: c.cO'\t5+v-...C!..+:o..... .of 84 Ce~dD~....;,.U""1.l,)~,"t~ D'" e.4 ~...efl j~ T Y ~ bu..I.l....S5, 7&.H"~-\s/-t.I_"'1 4 ~+-t-:f L ,,"0 V"lIb!> 010'\ ~ bc!.~~;'" 3oc:l",p'~)( bu;/d'~.s~' tc.1 L=;-..;l_,~j Description of Surrounding Properties: N.",~! 5:""6l,e Fo......;.~ i2.e::.:Oe~e (~r:R.~~ ulI\Qe.,el If) p-e.d '~O'\d. SCl>u'tk~ \va.-+e.rVoll!o.';/I 5 r=e} G-ol"G3u~C' e-",~e.: Grol.f ~u"'5e L6F=R W'e::'~: W~te."'w~y Legal Description of the Property (Lengthy Description May be Attached): Legb,-\ i ~ .0.... 5~"'''1i!!~- ~~e. o+;.t-c...l.., e.d D~......o 1 "'+ ') tI' Required Attachments Survey of Property (11" x 14",20" Scale) .-y...- Letter Outlining Request ~ Notarized Letter of Owner's Authorization ~ Application Fee (non-refundable) ../ City Location Map t/ Confirmation of Information Accuracy . I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fme of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. U:k~~&L c...J~ '" 6N'(f)~ z.//'z-/o7 Signature Printed Name Date REQUEST FOR COMPREHENSIVE PLAN AMMENDMENT TO BLUE HERON PROPERTY FOR A PARTIAL CHANGE TO MULTI-FAMILY Enclosed is the application for a change to the Comprehensive Plan for a portion of the undeveloped land in Blue Heron and a portion of the golf course to Multi-Family. The parcels are currently designated Single Family Residential. When developed, the Villa parcel will have golf course on three sides and Single Family Residents (be developed as part of the overall project) on the other. There will be a privacy fence dividing these residen- tial sections when development is complete. The villas are up-scale and will have the appearance of large single-family homes from the outside with the exception of dual garage doors on the interior roads facing away from existing homes across the golf course. The condominiums are up- scale and would have an individual price point of $300,000.00 or more if sold as individual units. The units will be sold as time-share units and con- tribute to the economy of Okeechobee by creating an influx of capital on an annual basis as well as a significant increase in the City Tax base. The Blue Heron Golf Course will be refurbished and reopened with a new clubhouse and restaurant to serve the community at large. This clubhouse will be at the entrance of the Blue Heron community thereby providing an overall improvement to the appearance as the community is entered. Con- tinuing in to the community, the three condominium buildings will be on the right prior to entering the residential community, replacing the dilapi- dated U pro-shop" and cart stand, continuing the upgrade in the appearance of the community as a whole. A new boat ramp will also be built to pro- vide access to Augustus Canal, Taylor Creek, and Lake Okeechobee. A summary of the Current Condition vs. Proposed Revitalization is included here-in. Additionally, the following pages provide a breakdown of eco- nomic benefits to the City of Okeechobee which are significant and a pre- liminary estimate of the traffic flow impact which is minimal. A quick search of the internet revealed that the inclusion of villas in golf course communities is an established and well used concept, not only in Florida, but throughout the US and the world, see the partial list that follows. Maps, photos, and renderings are also provided to assist in visualizing the improvement planned in the project as a whole. BLUE HERON PROPERTY CURRENT CONDITION VS. PROPOSED REVITALIZATION BLUE HERON PROPERTY - CURRENT CONDITION 1. The Golf Course needs to be refurbished: .:. All greens replaced (. AJlf~aysreseeded .:. All bunkers re-defined and rebuilt .:. All lakes cleaned .:. New fairway markers installed .:. New tee-box markers installed .:. Trees and shrubs trimmed .:. Existing brush, downed trees, and trash removed .:. All cart pathways need to be defined and upgraded 2. The existing II office" and II pro-shop" are dilapidated - need to be torn down and removed. 3. The existing II cart repair and recharge" area were destroyed by a hur- ricane. What is left of the structure needs to be torn down and re- moved. 4. The existing IIpool building" is damaged and needs repair, repaint- ing, and re-landscaping. 5. The swimming pool is filled with slime and algae. It needs to be drained, cleaned, stream cleaned, and surfaced with a new Diamond Brite surface. 6. The swimming pool equipment needs to be inspected and repaired. 7. The Blue Heron Water System is a closed system that has had operat- ing and quality problems for years. The infrastructure needs to be donated to OU A and the existing facility removed. 8. The Golf Course is non-functional and is providing no benefit to the existing residents of Blue Heron, the city, or the county. As a result, it is producing no recreational or economic benefit. 9. The adjacent land earmarked for development is currently inaccessi- ble. There is only one buildable lot that can be accessed from existing roads without a significant investment in new roads and infrastruc- ture. PROPOSED PROPERTY DEVELOPMENT 1. Golf Course - The course will be refurbished and revitalized. All of the problems in 1. above will be corrected. The course will be put in to excellent, playable condition and become a viable recreational fa- cility available to all area golfers. 2. Oubhouse - A new 11,500 square foot club house will be constructed to house offices, pro-shop, a fist class restaurant and lounge with a community center and meeting/conference rooms available to all area residents. The restaurant will serve breakfast, lunch and dinner and cater private parties. There will be an adjacent outdoor patio overlooking the 10th and 18 fairways with food and beverage service available. 3. New Single Family Homes - 48 1/3 acre home sites will be available for construction there by adding to the City tax base. The infrastruc- ture will include central water from OUA, cable TV, telephone, and internet services. Homeowners will be members of the existing Blue Heron Home Owners Association. 4. Deluxe Villa Sites - 60 Deluxe Villas will be built, each with 1650 _ 1800 square feet with garage with upscale appointments and land- scaping. They will appear to be large single family residences with the exception of two garage areas. They will be priced between $190,000 to $245,000. S. Canal Front Condominiums - 84 condominiums units will be built on Augustus Canal with a canal view on one side and a golf course view on the other. A golf package will be included in the weekly time- share maintenance fee to provide owners with golf access as well as contributing steady, non-seasonal base revenues to the golf course to offset the ongoing maintenance requirements, thus ensuring the qual- ity and longevity of the course. Additionally, visitors will contribute a significant capital infusion into the local economy as well as a sub- stantial increase in the City tax base. BLUE HERON IMPROVEMENT BENEFITS TO OKEECHOBEE ANNUAL PROPERTY TAX INCREASE Property Taxes on Time Share Condominiums $77,944,000 X .00220157 = $ 171,599.17 Property Taxes on Villas $225,000 X 60 X . 00220157 = $ 29,721.20 Property Taxes on Single Family Residences $300,000 X 48 X. 00220157 = $ 31,702.61 Property Taxes on Golf Oub House $1,500,000 X . 00220157 TOTAL PROPERTY TAX INCREASE $ 3,302.36 $ 236,325.34 REVENUE TO OUA Water Hook-up (84 + 60 + 48) X $1,680 = $ 322,560.00 Sewer Hook-up 84 X $4,360 = TOT AL REVENUE TO OUA $ 366,240.00 $ 688,800.00 DOLLAR INFUSION TO OKEECHOBEE'S ECONOMY ANNUALLY Time Share Condominiums 84 X $1,000 X 50 = Villas 30 X $250 X 26 = $4,200,000.00 $ 195,000.00 Single Family Residences 24 X $250 X 26 = TOTAL ECONOMIC INFUSION $ 156,000.00 $4,551,000.00 TOT AL ECONOMIC IMP ACT $5,476,125.34* * This does NOT include the increase in Sales Taxes collected on the Economic Infusion BLUEHERONIMPROVEMrnNT ESTIMATED TRAFFIC FLOW The following parameters will impact traffic flow into lout of the Blue Heron Property when fully developed as indicated here-in. 1. Single Family Residences - It is anticipated that 1/3 (16) of the units will be purchased by owners living on the east coast for weekend get away homes, 1/3 as second homes by seasonal residents, and 1/3 by full time residents. 2. Villas - It is anticipated that 1/3 (20) of the units will be purchased by owners living on the east coast for weekend get away homes, 1/3 as second homes by seasonal residents, and 1/3 by full time residents. 3. Time Share Units - There will be 84 weekly owners. 4. Golf - Based on past history when the golf course was fully opera- tional, an average of 100 rounds (25 foursomes) will be played each day. This was the previously experienced traffic flow. 5. There are two primary routes in and out of Blue Heron. For this projection we will assume ALL 192 units are occupied and will make a round trip in and out daily to illustrate the worst-case estimate. It should be noted that 36 of the units will usually be occupied only on week- ends and the 36 units will be occupied seasonally. Further, not all owners in residence will make a trip in or out on a daily basis, particularly those on "vacation" be it weekend, weekly, or seasonal. The time-share owners will make some day trips to the east coast (beaches, attractions, shopping) or Orlando (attractions, shopping). These day trips will usually start (out- bound) very early and return late (inbound). This will ameliorate the traf- fic flow density. Assumptions: 1. All residents will make an average of one round trip in and out daily between 7:00 AM and 7:00 PM. 2. Golfers inbound will be primarily distributed over four hours begin- ning at 7:00 AM. The distribution is spread out due to tee time avail- ability. This is a compressed time frame. Some golfers will come early to warm up andlor have breakfast in the golf club. 3. Golfers outbound will be distributed over four hours beginning at 11 :00 AM. This is a compressed time frame. Some golfers will have lunch in the golf club. 4. All golfers will drive individually (100 vehicles). Some golfers will be couples or will car pool. 5. Traffic will be distributed equally between the two primary routes. Round Trips: 1. Residents -192 trips per day yields 16 trips per hour over 12 hours. 2. Golfers -100 trips per day yields 12.5 trips per hour over 8 hours. Traffic Flow: 1. Golf traffic - 25 vehicles per hour (12.5 vehicles per route). This equates to one vehicle every 4.8 minutes. 2. Residential traffic - 16 vehicles per hour (8 vehicles per route). This equates to one vehicle every 7.5 minutes. 3. Composite traffic 7:00 AM to 3:00 PM - 41 vehicles per hour (20.5 per route). This equates to one vehicle every 2.9 minutes. 4. Composite traffic 3:00PM to 7:00 PM -16 vehicles per hour (8 vehicles per route). This equates to one vehicle every 7.5 minutes. 5. The golf traffic will be inbound between 7:00 AM and 11 :00 AM and outbound between 11:00 AM and 3:00 PM. 6. Residential traffic will be primarily outbound while the golf traffic is inbound and inbound when the golf traffic is outbound, thereby minimizing the probability of any traffic backup inbound or out- bound. Conclusion: When the golf course was fully operational, the traffic flow was approximately as indicated above, so there is no increase over previously experienced levels by reopening the golf course. The real increase contributed by the new owner traffic is only one ve- hicle every 7.5 minutes over previously experienced levels. Even if this estimate is doubled (2 trips per owner per day) it equates to only one vehicle every 3.75 minutes - 16 vehicles per hour as- suming ALL owners are in residence. Golf Courses/Golf Course Communities With Villas Course/Community Champions Gate PGA Village Southern Dunes Highlands Reserve Golf Hammock Remington Golf Community Highlands Reserve Hilltop Sea Trails Golf Villas N orthville Hills Golf Gub Incline Village Grand Cypress Bay Shore Highlands Ridge La Corce Country Gub Normandy Shores Indian Creek Country Gub Haulover Beach Kapalua Villas Penn National Bella Collina Heritage Bay Lakewood Ranch The Plantation Crown Colony Hilton Head Five Oaks Sanctuary Cove Amelia Island Sugar Creek Fort Wayne Golf Course Villas River Oakes True Blue Sunset Village Location Orlando Port St. Lucie Haines City Orlando Sebring Kissimmee Orlando Myrtle Beach Northville, MI Incline, NV Orlando Miami Sebring Miami Miami Miami Miami HI Gettysburg, P A Orlando Naples Bradenton Ft. Myers Ft. Myers 18 Courses all with Villas Lebanon, TN Australia FL Villa Park, IL IN Myrtle Beach Myrtle Beach Myrtle Beach These fifty (50) communities were identified within 45 minutes on the internet. Villas in golf course communities are an established and ex- tremely common city planning practice. City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) 763-1686 LAND USE POWER OF ATTORNEY !:X:)Vr,\LA fV\.('. B ir~v2v- ~y t1..'\~<i-i-L. Cvv.,.l !.-_Ci"; C:) tevC'L< '6 " Address: ((7L> i 5 C <c:.'.v\ (,+" C' "," \:::-- D(< ,.,e'L,t~c>k'Re F L -54974 Home Tete hone: Work Tele hone: Pr Addr t"""'" -- ," ,,,":- '":>. -f\.i ~ . ~..,. . . L . ' o ess: -,,;,-'",, '.J'O; -j- 11\'e' c..~'l.(.ee,-"__"c-\..)ee Parcel Tax ID Number: 2..- 2. 7 -3 7 -- 3 ') - c:>,i ~A-; '- cc:.:cc i-A C)C,C', ame of Applicant: :,.;.~;-"t,,~~)'0 d"'.VL+\J',,;.:.'~'A'-;" .~'\V-c:.~ C':'v,:, i"', t:: fJ?; L "'1.;..' . Home Telephone: Work Telephone: (8(;;\ 3 -::-'2 ,..'3 ..';(,2'. 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 an pow>:r of attorney to make application to the City of Okeechobee to change the land use of said pro perty. This land use c ;,ange may include rezoning of the property, the granting of special exceptions or variances, and 2:::)pealS of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use Of operation of the property. Misstatments upon application or in any hearing may result in the termination of any special exception or variance and a proceedL1'Jg to rezone the property to the original classification, This power of attorney may be terminatec: only by a ",,'fitten and notarized statement of such tennination effective upon receipt by the PlaD,,;ng Department. IN WI~~S WHEREOF THE ~ERSIGNED HA VI; SET TIIEIR HANDS AND SEALS TIllS~ DAY OF Foe-&- .-wd-ODI ~~~~~~~~~~ Owner Wi ess. CP --\... /. I i I SEAL ~ Proposed Club H"ouse Proposed Condominium Building ARTISTS PE~JDEP City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechohee, FL 34974 Phone (941) 763-3373 Fax (941) 763-1686 LAND USE POWER OF ATfORNEY :"'."If'''l/<''p> S L;U \ ~ t- -11.,\ "<<:yh-~ e + L)k ~;:." C:i L...clot'-> e. ~:: L -:.:, 4- 5 7e{ i 0z's-- 60 Work Tete hone: . " I C)t~.=cc ,; L..o~' 2 'i') --- [~t.. ~:C_::C',.) t ~- L~) (~:)C.-' t '~.;; Cie; -...\,.1-\,.::......-.(~,-~""_~i...-~,~. (~. L~...~ L~-:t~.C.f i L-~ ~C'>l;';;; f l i,i{,"_'_ Work Telephone" /r"<, .... \ .., c; -. -, -" ., . (Gf.c':-~:J 1 .::. c~~:- .- :,t..--"c_""' L_" 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 an power of attorney to ma.lce 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 exceptions or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatments upon application or in any hearing I 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. 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J I _--' \ 1'"7i EXHIBIT "A" PAGE 1 OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A PARCEL OF LAND LYING IN AND COMPRISING A PORTION OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 89iO'06" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 27, A DISTANCE OF 1752.80 FEET; THENCE SOUTH 00"49'54" WEST, A DISTANCE OF 910.25 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 18'00'56" EAST, A DISTANCE OF 414,29 FEET TO THE POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 310.00 FEET AND A CENTRAL ANGLE OF 160'33'22"; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE ARC A DISTANCE OF 868.69 FEET; THENCE NORTH 01"25'42" EAST, A DISTANCE OF 427.78 FEET; THENCE NORTH 23"07'02" WEST, A DISTANCE OF 172,88 FEET;. THENCE SOUTH 66'52'58" WEST, A DISTANCE OF 216.00 FEET; THENCE NORTH 23"07'02" WEST, A DISTANCE OF 6,99 FEET; THENCE SOUTH 66'52'58" WEST. A DISTANCE OF 515,63 FEET TO THE POINT OF BEGINNING, CONTAINING 10,70 ACRES, MORE OR LESS. PROJECT SPECIFIC NOTES/LEGEND: (1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. iT IS A SKETCH AND LEGAL DESCRIPTION ONLY, (2) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS. ZONING SETBACKS, RIGHTS-OF-WAY OR ABANDONMENTS, (3) REPRODUCTIONS OF THIS DRAWING ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR, (4) BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, TAKEN TO BEAR NORTH 89'10'06" WEST. (5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITlONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SiGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PREPARED FOR THE EXCLUSIVE USE OF: SOUTHEAST CONTRACTOR'S AND ENGINEERS, INC" ~~l ~~~f)', KENNETH A. BREAUX, JR, PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 4820 CERTIFlCA TE OF AUTHORIZATION NO. LB6719 SKETCH OF DESCRIPTION PREPARED FOR: SOUTHEAST CONTRACTORS It ENGINEERS, INC. DESCRIPTION DATE BY CK PREPARE EXHIBIT 02/13/07 WC KAB FB/PG: N/A SCALE: N/A FILE: 20453-VlLLAS JOB NO: 20453- VILLAS TRADEWINDS :P~ :Jrvr-u-~, Jnv. Certificate or Authorization No. LB 6719 200 SW 3rd AVENUE Okeechobee. FL 34974 Tel: (863) 763-2887 I I I i I I I I ; i i 'I i ~ i I I I ! EXHIBIT "A" PAGE 2 OF 2 UNPLATTED (GOlF COURSE) S 00'49'54" W 910.25' PARCEL CONTAINS :1:10.70 ACRES (VACANT) 427.78' N 01'25'42" E L-1: N 23'07'02" W 172.88' ~(Q)~lf[}={] L-2: S 66'52'58" W 216.00' L-3: N 23'07'02" W 6.99' C-1: DELTA = 160'33'22" RADIUS = 310,00' TANGENT = 1809.40' ARC LENGTH = 868.69' UNPLATTED (GOlF COURSE) o 150 300 1,..,1.",1""1....1.".1.".1,,,,1....1 SCALE IN FEET MAP SCALE; 1 INCH = 300 FEET SKETCH OF DESCRIPTION PREPARED FOR: SOUTHEAST CONTRACTORS It ENGINEERS, INC. DESCRIPTION DATE BY CK PREPARE EXHIBIT 02/13/07 WC KAB FB/PG: N/A SCALE: 1" = 300' FILE: 20453- VILLAS JOB NO: 20453- VILLAS z o '" nl:i! n'" :;I> ~~ ",n ....~ I z-u 1~9 '" 0 () "'..,. .~ zZ o "'(Xl :i!(Q~ c-1CD ZOrrl '" -)> 00;0 ..,Ol_ en = Z ~:EG) ~ CD "'~)> ....-..jUl l(J1rrl ~N'-" I . "'CD "'0 N N N (J) N Vol TRADEWINDS :P~~ :JQ/l'-U-~, Jnv. Certificate of Authorization No. LB 6719 200 SW 3rd AVENUE Okeechobee. FL 34974 Tel: (863) 763-2887 <t ~ u 8- ~'v ^'~ N11'53'ZO"W 59.81' S89'37'36"E /ii;9z.00' NOO'ZZ'Z4"W 55.00' P.O.B. SOUTHEAST CORNER OF LOT 14 AS PER PLAT BOOK 3, PAGE 55 DOSTlNG NORTHEAST 9tH A lIE:NUE N41'31'01"W 91.Z8' N43'19'20"W 74.55' N74'41'39"W 11.59' S89'03'43"E 60.01' 500'11 'Z9"W 14.58' o 100 200 1""1.."1",.1"..1""1,,,.1.,,,1,,,,1 SCIILE IN FEET MAP SCALE: 1 INCH.. 200 FEET Legal Description of Proposed Parcel A parcel of land lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida, said parcel being more particularly described as follows; Beginning at the Southeast corner of Lot 14 of the Plat entitled "A REPLA T OF LOTS 1 TO 14 INCLUSIVE OF THE SECOND ADDITION TO OKEECHOBEE ESTATES", as recorded in Plat Book 3, Page 55 of the public records of Okeechobee County, Florida; thence South 89'03'43" East, to a point on the Easterly right-of-way line of Southeast 9th Avenue; thence South 00'11'29" West along said Easterly right-of-way line, a distance of 14,58 feet; thence South 75'56'00" West, a distance of 472.15; tthence South 05'21'46" East, a distance of 332.66 feet; thence South 63'00'48" East, a distance of 307.38 feet to the Northeast corner of Lot 36 of the Plat entitled "BLUE HERON GOLF AND COUNTY CLUB, PHASE 1 ", as recorded in Plat Book 6, Pages 50 & 51 of the public records of Okeechobee County, Florida; thence South 71'11'55" West along the Northerly line of said Lot 36, a distance of 170.23 feet to the Northwesterly corner of said Lot 36; thence South 66'16'35" West, a distance of 85.16 feet to the Northwesterly corner of Lot 1 of the said Plat of "BLUE HERON GOLF AND COUNTY CLUB, PHASE 1 "; thence South 21'55'11" West, along the Westerly line of said Lot 1, a distance of 213.15 feet to the Southwesterly corner of said Lot 1; (The next 12 courses run along the waters edge of Taylor Creek); thence North 34'58'02" West, a distance of 295.54 feet; thence North 74'41'39" West, a distance of 11.59 feet; thence North 43'19'20" West, a distance of 74.55 feet; thence North 41'31'01" West, a distance of 91.28 feet; thence North 62'06'12" West, a distance of 185.53 feet; thence North 71'32'00" West, a distance of 67.11 feet; thence North 58'17'23" West, a distance of 65.40 feet; thence North 21'48'02" West, a distance of 41.11 feet; thence North 24'54'30" West, a distance of 50.60 feet; thence North 14'26'57" East, a distance of 79,16 feet; thence North 1 7'01'38" East, a distance of 98.89 feet; thence North 11'53'20" West, a distance of 59.81 feet; thence leaving the waters edge of Taylor Creek, South 89'37'36" East, a distance of 92.00 feet to a point on the Westerly right-of-way line of said Northeast 9th Avenue; thence North 00'22'24" West along tsaid right-of-way line a distance of 55.00 feet to the POINT OF BEGINNING. Containing 8.4 acres, more or less, by calculation of this description. SKETCH OF DESCRIPTION STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (If any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: SOUTHEAST CONTRACTORS & ENGINEERS INC. DESCRIPTION SKETCH DATE 02/13/07 BY KB CK KAB DESCRIPTION REFERENCE: PROVIDED BY SURVEYOR BEARING REFERENCE: SOUTH R/W NE 9th AVE, TAKEN TO BEAR SOO'11'29"W FB/PG: FILE: N/A 20453 SCALE: 1" = 200' JOB NO: 20453-8.4AC TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 SW 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763-2887 LEGEND O-Set Iron Rod ond Cap "KAB LS 4820" D~Found CM .-Found Iron Rod '(and G.ap) @ -Found Pipe (and Cap) ABBREVIA TIONS [t=Baseline; BM=Benchmark; 't=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; (D)=Oeed;6 =Oelto or Central Angle; E=East; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=F1ood Insuronce Rote Map; FND=Found; IP=lron Pipe; IR&(C)=lron Rod (and ID Cop); L=(Arc) Length; (M)=Measured; MH=Manhale; N=North; (NGVD)=Notionol Geodetic Vertical Datum of 1929; OHW=Overhead Wires; ORB=Officlal Records Book; ft=Properly Line: (P)=Plat; PC=Point of Curvature; PCC=Pointof. Compound Curvature; PCP= Permanent Conlrol Point; PG= Page; POB=Point of Beginning; . POC=Painl. of Commencement; PRC=Point of Reverse Curvature; PRM=Permonent Reference Monument; PT=Point of Tangency; PU&D=Public Utilitiy and Drainage;' R=Radius;R/W=Right~of-Way; S=South; S'L Y=Southerly; T=Tangent; TEL=Telephone Splice or Swilch Box; W=Wesl; WPP=Wood Power Pole; UTIL=Utility(ies); '----=Spot Elevation based on indicated Datum. Kenneth A, Breaux, Jr. (PSM 4G20 Certificate of Authorization No. LB 6719 LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Southeast Contractors & Engineers, Inc. (Blue Heron) Petition No. 07-004-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA General Information Owner: Donald McBrayer & Marty Stevens Existing Proposed Zoning District Use of Property Acreage Location: ] 925 SE 9th A venue RSF-1 Undeveloped/Golf course 19.1 acres RMF Villas/Condos 19.1 acres l.egal Description: Parcel A: A PARCEL OF LAND LYING IN AND COMPRISING A PORTION OS SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 89010'06" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 27, AS DISTANCE OF 1752.80 FEET; THENCE SOUTH 00049'54" WEST, A DISTANCE OF 910.25 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 18000'56" EAST, A DISTANCE OF 414.29 FEET TO THE POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 310.00 FEET AND A CENTRAL ANGLE OF 160033'22"; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE ARC A DISTANCE OF 868.69 FEET; THENCE NORTH 01"25'42" EAST, A DISTANCE OF 427,78 FEET; THENCE NORTH 2300T02"WEST, A DISTANCE OF 172.88 FEET; THENCE SOUTH 66052'58"WEST, A DISTANCE OF 515.63 FEET TO THE POINT OF BEGINNING. CONTAINING] 0,70 ACRES MORE OR LESS Parcel B: A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF LOT 14 OF THE PLAT ENTITLED "A REPLA T OF LOTS] TO ]4 INCLUSIVE OF THE SECOND ADDITION TO OKEECHOBEE ESTATES", AS RECORDED IN PLAT BOOK 3, PAGE 55 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA FLORIDA; THENCE SOUTH 89"03'43" EAST, TO A POINT ON THE EASTERLY RIGHT -OF- WAY LINE OF SOUTHEAST 9ill AVENUE; THENCE SOUTH 00"11 '29" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 14.58 FEET; THENCE SOUTH 75056'00" WEST, A DISTANCE OF 472.15; THENCE SOUTH 05"21 '46" EAST, A DISTANCE OF 332.66 FEET; THENCE SOUTH 63000'48" EAST, A DISTANCE OF 307.38 FEET TO THE NORTHEAST CORNER OF LOT 36 OF THE PLAT ENTITLED "BLUE HERON GOLF AND COUNTRY CLUB, PHASE I", AS RECORDED IN PLAT BOOK 6, PAGES 50 & 51 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE SOUTH 71011'55" WEST ALONG THE NORTHERLY LINE OS SAID LOT 36, A DISTANCE OF 170.23 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 36; THENCE SOUTH 66016'35" WEST, A DISTANCE OF 85.16 FEET TO THE NORTHWESTERLY CORNER OF LOT 1 OF THE SAID PLAT OF "BLUE HERON GOLF AND COUNTRY CLUB, PHASE I"; THENCE SOUTH 27055'11" WEST, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 213,15 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; (THE NEXT 12 COURSES RUN ALONG THE WATERS EDGE OF TAYLOR CREEK); THENCE NORTH 34058'02" WEST, A DISTANCE OF 295.54 FEET; THENCE NORTH 74041 '39" WEST, A DISTANCE OF 11.59 FEET, THENCE NORTH 43019'20" WEST, A DISTANCE OF 74.55 FEET, THENCE NORTH 4]03]'0]" WEST, A DISTANCE OF 91.28 FEET; THENCE NORTH 620 06']2" WEST, A DISTANCE OF ]85.53 FEET; THENCE NORTH 7]0 32'00" WEST, A DISTANCE OF 67.11 FEET; THENCE NORTH 580 ]7'23" WEST, A DISTANCE OF 65.40 FEET; THENCE NORTH 21048'02" WEST, A DISTANCE OF 4l.l] FEET; THENCE NORTH 24054'30" WEST, A DISTANCE OF 50.60 FEET; THENCE NORTH ]4026'57" EAST, A DISTANCE OF 79.]6 FEET; THENCE NORTH ]7001'38" EAST, A DISTANCE OF 98.89 FEET; THENCE NORTH 11053'20" WEST, A DISTANCE OF 59.81 FEET; THENCE LEAVING THE WATERS EDGE OF TAYLOR CREEK, SOUTH 890 37'36" EAST, A DIStANCE OF 92,00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID NORTHEAST 9TIl AVENUE, THENCE NORTH 000 22'24" WEST ALONG THE SAID RIGHT-OF- WAY LINE A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING, CONTAINING 8.4 ACRES. MORE OF LESS. BY CALCULATION OF THIS DESCRIPTION, Request: The matter for consideration is an application for a Future Land Use Map Amendment to change two separate portions of the undeveloped land in Blue Heron with one being a part of the golf course, and the other having a clubhouse and other recreational features, from Single-Family to Multi-Family. Based on the size of the property (19.1 acres), this application qualifies under Chapter 163.3187(1)(c)(4) of the Florida Statutes as a Small- Scale Amendment to the Comprehensive Plan as the City is located within an area which was designated by the Governor as a Rural Area of critical economic concern. Concurrent with this request, the applicant is requesting a rezoning for the two properties from RSF-1 to RMF for consistency. Adjacent Future Land Use Map classifications and Zoning Districts: North: : Future Land Use Map Classification: Zoning District: Single Family RSF-l Single-Family residences and undeveloped land East: Future Land Use Map Classification: Okeechobee County 2 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA Zoning District: RSF-l Background and Summary: The entire Blue Heron Subdivision was approved several years ago and presumably with the existing amenities (golf course, clubhouse and tennis). Unfortunately, the golf course and clubhouse and amenities were not platted as Recreation and Open Space, nor were they turned over to the Blue Heron's Home Owner's Association. Over the last few years, the golf course has fallen into disrepair and the golf course and open space areas have been sold to a private entity. The applicant states that improvements to the open space areas are contingent upon modification in density and a conversion of vacant property to developable lands. Therefore, the applications have been submitted as shown, The subject property is currently classified on the Future Land Use Map as Single Family, Some of the structures which are currently on one of the parcels supported the previous use as a golf course or clubhouse and are dilapidated. The applicant is requesting this Future Land Use Map Amendment and rezoning to Multi-Family in order to develop the property for multi-family uses. The Multi-Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. Thus, the property could potentially be developed with up to 191 units for both parcels. The applicant is requesting 192 units to be developed on the property. The applicant states that when the development is complete, it would consist of a revised golf course, a new clubhouse, 48 single family homes, 60 villas, and 84 condominiums. As stated, the maximum number of dwelling units allowed under the proposed Multi-Family category would be 191 dwelling units, so the applicant would need to remove one of the proposed units from the development if approval for a Future Land Use change were granted. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the proposed use (multi-family/golf course development) is not consistent with Objective 2 of the Future Land Use Element and its corresponding Policies (see attachment). Additionally, a decrease of open space from what was approved by a prior Development Order accelerates the potential for incompatibility. 3 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA The proposed Multi-Family designation in an existing Single-Family development is not consistent with the Comprehensive Plan Policies. Also, the inclusion of a restaurant within this request, which could be used by the public and a more active golf course, adds more commercial impacts to a residential area. The City has just passed several "Best Management Practice" Policies which are enclosed (see attachment). The current application has not addressed how these Policies can be met since Open Space areas contiguous to water bodies are requested to be diminished if this application is approved. These potential environmental impacts have not been assessed. The application includes information supporting the fact that Villas and Golf Courses are a usual development option, but what is not apparent in this application, is the pre-planning of infrastructure and location of units, which is required prior to development rather than a "spot" land use approach after having already built a Single-Family Subdivision. B. Concurrency of Adequate Public Facilities Before this request can be approved, the City must consider the proposed realistic impact on public facilities. This existing Single-Family street network does not have the capacity of accommodating nearly 200 more units in this Subdivision. The traffic comments included by the applicant do not refute this analysis. Potable Water Supply: The subject property i~ within the service area of the Okeechobee Utility Authority (OUA) who provides this service to City residents. The adopted LOS for potable water is 114 gpcpd. Given that the City has approximately 2.7 persons per household (U.S. Census), this level of service can be construed as 308 gallons per day. Impacts of this development are demonstrated below: 191 units x 114 gpcpd x 2.7 pph = 58,790 gpd Existing WTP Capacity 6.00 MGD Committed and Used Capacity = 2.80 MGD Excess Capacity 3.20 MGD Currently, the net combined average daily demand on the WTP is about 47% of the system capacity, according the OUA's Executive Director. As shown above, the existing capacity of the surface and ground water supply plants are 6 MGD, with 2.8 MGD already committed to use. As such, the OUA has an excess of 3.2 MGD. The OUA has a pending Consumptive Use Permit (CUP) renewal application with the South Florida Water Management District for 4 MGD. In April of 2005, the OUA completed the expansion of the Surface WTP to bring the DEP permitted capacity to 5 MGD. The Ground WTP has permitted capacity of 1 MGD. Thus, the OUA water treatment capability is 6 MGD. For the current 12 month analysis completed by the OUA, there is approximately 0.8 GPD of 4 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA available CUP capacity and 4 MGD of treatment plant capacity. As such, the OUA would have capacity to serve the proposed development. Wastewater Disposal: The adopted LOS for wastewater disposal is 130 gallons/ capita/day. The subject property is within the service area of the Okeechobee Utility Authority (OUA). The impacts for the subject property is shown below: 191 units x 130 gpcpd x 2.7 pph = 67,041 gpd Existing WWTP Capacity Committed and Used Capacity Excess Capacity 1.00 MGD 0.86 MGD 0.14 MGD At this time, the Plant is not showing enough capacity. Although expansion of the Wastewater Plant is contemplated in the future, there are two Large Scale Plan Amendments recently approved that would have priority over this application, and would accommodate the new projected capacity of an expanded Wastewater Treatment Plant. Also, the clubhouse when refurbished with a restaurant would also have an impact that has not been contemplated in this application. Solid Waste Disposal: The City has an adopted LOS of ] 3 lbs/capita/day and 3 years available landfill capacity for solid waste disposal. The proposed residential development would generate approximately 6,704 lbs/day of solid waste. The applicant has not provided confirmation from Okeechobee County which determines whether the existing landfill will have capacity to serve the proposed development. Drainage/Stormwater Management: The adopted LOS for drainage is Design Storm, 25- year124 hour duration. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code. Because of the vulnerability of Taylor Creek, there has been a more specific delineation of the Best Management Practices used for water quality enhancement in stormwater discharges. The applicant will be required to adhere to these newly created Objective and Policies and it is not clear that the proposed change in Future Land Use would be consistent with these Policies. Recreation and Open Space: The adopted LOS for Recreation and Open Space is 3 acres/1 ,000 persons. The proposed development is projected to increase the City's population by approximately 516 additional people. The development would need approximately 1.5 acres of recreational facilities in order to meet the adopted LOS for parks. Unfortunately, the absolute number of acres for Recreation use has been diminished. 5 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA Roads and Traffic Circulation: The City's minimum LOS standard for principal arterial roadways is LOS C. All other roads have an LOS D. This LOS must be maintained on the site for all roadways serving the site. The applicant has provided a traffic summary which intends to show how traffic would be impacted by the proposed Development. It was estimated that the proposed land use change would result in an increase of 292 daily trips. This traffic summary is inadequate to justify that the existing Level of Service for local roads would not be degraded. C. Compatibility with Adjacent and Nearby Land Uses The proposed land use change to Multi-Family at 10 dwelling units per acre for the entire site would not be compatible for this location. The above analysis indicates that this level of density would not be appropriate for this site. D. Compliance with Specific Standards of the Plan. The Goals, Objectives and Policies, as they are intended within the Comprehensive Plan, would not support an Amendment to the Future Land Use Map to Multi-Family as has been explained above. Analysis and Conclusions Staff recommend~ denial of the applicant's request to amend the Future Land Use Map to Multi- Family as it is inconsistent with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP March 5, 2007 Enclosures 6 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA Excerptfrom City ofOkeechobee EAR-based Comprehensive Plan Amendments, Future Land Use Element - Adopted February 20,2007 Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1 : The following land use designations are established for the purpose of managing future growth: a) Single-Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. b) Multi-family Residential. Permitted uses include apartments, duplexes, condominiums, single-family houses and public facilities. Maximum density shall not exceed 10 units per acre, Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi-family development shall be 11 units per acre. c) Mixed Use Residential. Intended to accommodate and provide flexibility for development of multiple uses within a residential setting. In order for land to be considered for this designation, land requested to be placed in this category shall be a minimum of 30 acres. Development within this category would be allowed to be no more than seven and one-half (7.5) dwelling units per gross acre. Land developed within this Residential Mixed Use Category must adhere to the following innovative design and planning principles. 1. All new development within the Residential Mixed Use Category shall be required to be zoned as a Planned Development or Planned Unit Development. 2. Development within this Residential Mixed Use Category will be required to cluster in order to maximize open space and natural areas. Development within the Residential Mixed Use Category is permitted to be clustered at higher than gross density as long as the gross density is not exceeded for the total acreage within the Residential Mixed Use Category. 3. Development within the Residential Mixed Use Category is encouraged to provide a mix of uses, including a mix of 7 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA residential types, recreational amenities, civic spaces and convenience and commercial uses intended to serve residents and their guests in order to minimize trips outside the Residential Mixed Use Category. 4. Development is encouraged to provide creative site designs, and clustering is required to provide for greater common open space and mixed-use development. The planning flexibility provided through the planned development process shall encourage and facilitate creative design techniques. a. Residential Development. These areas shall include single and/or multiple family home site acreage, and shall include, but not be limited to, single-family attached and detached; duplexes and two-family units; and town homes and other multi-family dwelling types. b. Non-residential Development. These areas will include vehicular and pedestrian ways, commercial and institutional areas, club houses and associated facilities, utility buildings, maintenance areas, tennis courts and associated non-residential uses. c. Residential and Non-residential Development acreage may account for no more than 60% of the gross area within the Residential Mixed Use Category. Intensity/density standards for all uses within this category are set forth III the Intensity/Density Table below: Percent Aggregate Land Use Mix Within the Mixed Use Future Land Use Map Category L dU . Mi dU Minimum % L dU Mi Maximum % Land Use Mi Maximum /I an sesm xe se an se . x x Density! ntensity Residential 45% 50% 7.5 gross du/ac CommerciallNon-residential1 10% 15% .35 FAR Open Space 40% 53% ,25 FAR d. Open Spaces. These areas will include preserved natural areas, buffers lakes, parks, golf courses, nature trails, retention areas, conservation areas, scemc resources, green belts, wetlands and 8 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA associated areas and must account for a minimum of 40% of the property within the Residential Mixed Use Category. Golf course fairways will account for no more than fIfty percent (50%) of the open space of the subject Residential Mixed Use Category, No development (residential/commercial) structures are intended, but only recreation oriented buildings and/or structures, e. The owners will employ management strategies in and around any golf course to address the potential for pesticidelchemical pollution of the groundwater and surface water receiving areas. The management practices will include: 1. The use of slow release fertilizers and/or carefully managed fertilizer applications which are timed to ensure maximum root uptake and minimal surface water runoff or leaching to the groundwater; II. The practice of integrated pest management when seeking to control various pests, such as weeds, insects, and nematodes, The application of pesticides will involve only the purposeful and minimal application of pesticides, aimed onl y at identified targeted species. The regular widespread application of broad spectrum pesticides is not acceptable. The management program will minimize, to the extent possible, the use of pesticides, and will include the use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Interaction Guide to select pesticides that have a minimum potential for leaching or loss to due runoff depending on the site- specific soil conditions; 111. The coordination of the application of pesticides with the irrigation practices (the timing and application rates of irrigation water) to reduce runoff and the leaching of any pesticides and nutrients; IV. The utilization of a golf course manager who is licensed by the State to use restricted pesticides and who will perform the required 9 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA v. management functions. The golf course manager will be responsible for ensuring that the golf course fertilizers are selected and applied to minimize fertilizer runoff into the surface water and the leaching of those same fertilizers into the groundwater; and The storage, mixing and loading of fertilizer and pesticides will be designed to prevent/minimize the pollution of the natural environment, f. The shorelines of any stormwater management lakes must be sinuous in configuration, and must be sloped or bermed. The littoral zones around the ponds must be planted with native wetland herbaceous plants, and trees or shrubs can be included within the herbaceous plants. At least four species must be planted. The minimum required number of plants will be one plant per linear foot of lake shoreline as measured at the control elevation water level. The littoral shelf should provide a feeding area for water dependent avian species. 5, As individual zonings to PUD are submitted to the City, they shall include as a minimum the following information: a. A showing of the amount of units as a part of the maximum approved for the parent parcel. b. A Traffic Analysis submitted verifying that adequate capacity currently exists or will exist prior to the issuance of any Certificates of Occupancy. 6. Any lands included or amended into the Residential Mixed Use Category must demonstrate the non-existence of urban sprawl by: a. Submitting a fiscal impact study demonstrating a net fiscal benefit to the City. b. Directing new growth to areas where public facilities exist, are planned within the City or County Five Year Capital Improvements Plan, or are committed to through a Developer Agreement, or otherwise assured to be funded by the appropriate agency. 10 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA c. Requiring all development to be connected to central water and sewer. d) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. e) Industrial. Permitted uses include large-scale manufacturing or processing activities. Also permitted are public facilities. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. f) Public Facility. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non-recreational public properties. The maximum impervious surface for development within this category shall not exceed 85% of the site. Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobce recognizes and shall continue to protect private property rights, In implementing the Comprehensive Plan, the City shall continue to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the City shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. Policy 2.3: The City shall continue to require that all development proposals be accompanied by an inventory of wetlands, soils posing severe limitation to construction, unique habitat, endangered species of wildlife and plants, and areas prone to periodic flooding. The City shall further require that the extent to which any development or redevelopment is proposed to be placed inion, to disturb, or to alter the natural functions of any of these resources, be identified. Such identification shall occur at a phase in the development review process that provides the opportunity for the City to review the proposed project to ensure that direct and irreversible impacts on the identified resources are minimized, or in the extreme, mitigated, Where development is determined to encroach upon a resource, the City shall require a specific management plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers, and clustering of development away from site resources, to ensure the 11 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA protection, preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall preserve all natural vegetative cover, except where drainageways and access paths are approved to cross the buffer. Buffers may be supplemented only with native tress, shrubs and ground covers. Policy 2.4: The City, through revision of appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses, Policy 2.5: The City shall amend its Future Land Use Map, as necessary, to address inconsistent land use areas. Policy 2.6: Development in conjunction with Comprehensive Plan Amendment #06- CI-00l shall be limited to a maximum of 200,000 square feet of commercial development. This amendment is more specifically described as: Parcell: The West 1/2 of the Southwest % of the Southeast lA of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, lying North of the North right-of-way line of State Road No. 70; Except the North 50 feet of the West 1/2 of the West 1/2 of the Southwest ];4 of the Southeast 1;4 for road purposes: also except the following described property conveyed to the State of Florida: A parcel of land in the West 1/2 of the Southwest 1A of the Southeast lA of Section 15, Township 37 South, Range 35 East, being more particularly described as follows: Commence at the South % comer of said Section 15; thence run Northerly on the tA section line a distance of 36.95 feet to the centerline of State Road 70; thence North 80054'49" East, on said centerline a distance of 347.10 feet; thence Northerly at 900 to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 900 a distance of 20 feet; thence Southerl y at 90 degrees a distance of 17 feet; thence Westerly at 900 a distance of 20 feet to the point of beginning. Parcel 2: Beginning at the Southwest comer of the East 1/2 of the Southwest % of the Southeast lA of Section 15, Township 37 South, Range 35 East and run North along the West boundary a distance of 594 feet; then run East a distance of 186.3 feet; then run South a distance of 594 feet to the South boundary of Section 15; then run West a distance of 186.3 feet to the Point of Beginning. Less and except the right-of-way for State Road 70. OR Book 525 Page 1999, Public Records of Okeechobee County, Florida and is approximately 21.14 acre(s). 12 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA Excerpt from City of Okeechobee EAR-based Comprehensive Plan Amendments, Conservation Element-Adopted February 20,2007. Objective 6: To improve the water quality of Taylor Creek, by 2010 the City should investigate setting shall develop a program to set limits as to the amount of nitrogen and phosphorus that can be discharged into the Creek. Policy 6.1: The By 2012, the City shall consider adopt land development regulations to help maintain whether a high standard for water quality in Taylor Creek by would require requiring new development stormwater treatment systems for new developments adjacent to Taylor Creek to be designed using a treatment train approach, using Best Management Practices in a series, to ensure maximum potential treatment of storm water. Policy 6.2: The City shall cooperate and coordinate with the South Florida Water Management District process for purposes of suggesting improvements to the water quality of Taylor Creek. Policy 6.3: The City shall re-evaluate the transfer of development rights to allow for broader use of this function as an effective planning tool. Policy 6.4: The City, in order to protect surface water quality within its corporate limits and beyond, shall adopt a numerical standard for nutrients and pollutants of concern by 2012. Policy 6.5: The City shall evaluate opportunities to implement Okeechobee Utility Authority water quality treatment systems within the Taylor Creek area to improve the quality of surface water discharges. Policy 6.6: The quality of water to be discharged from new surface water management systems shall be subject to Federal, State, Regional and Local permitting programs and regulations that determine compliance with Federal, State and Local water quality standards. Stormwater discharges from development must meet relevant water quality and surface water management standards as set forth in Rules 62-4, 62-40, 62-302, 40E-4, F.A,C. and by local ordinance. Policy 6.7: The City shall require all new developments to meet the provisions of the SFWMD Volume IV, Basis of Review for Surface Water Management and local provisions pursuant to this Comprehensive Plan to protect surface water quality within the City. Policy 6.8: Grants and incentives should be sought for the development of surface water quality treatment system retrofitting projects for old and/or new 13 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Southeast Contractors & Engineers, Inc. Blue Heron Petition No.: 07-004-SSA surface water management systems that are not effectively managing water volume or flow, or removing nutrients and other pollutants, Policy 6.9: The City shall periodically review the Land Development Code to ensure all codes are conducive to the implementation of such water quality Best Management Practices. Policy 6.10: The By 2012, the City shall consider requiring adopt a program which shall require future developments to employ the provisions of the Florida Yards and Neighborhoods program. Policy 6.11 : The City shall require periodic updates of the current Wellfield Protection Ordinance. 14 , , i ~ T l~-~~'_"h"__'!: r--; j .__P.R IVl1TE.S TR E EI,_. ~ ..~ ~-_-i rJ} l- - :s - ...J >- '::. u I BLUE HERON GOLF & COUNTRY CLUB 'r-----'--- --. : L.__-~___! '---'-"'-------;- iW !=> ---l Z IW I,> _.-.1 <C ~ ~,' '--, 0'> ( u.i i j j j ..-..... I i u) i"--___L,_--Li...J--<, -----1 '. --'s1 E_14 TH__COURTT. _j---~--\ ._1 j--J r--l' I I c~. !-, "--, f IT- ci I! I ! (;.. l _,' 1. 'i I .~ . -,-_ I, I ------." ,------y-- 0.;\ . ), i '@V, .. I -I-~ cO --~ ! .is, I .--.... \. I. i a: . ~ ! Otlo.'<' ',,-'-_,' _. i 10 i.~r~-~~\ \ __---L-.l ~ ,,\Y' I ""-~/=---\__.___,__ __..u_.____ _'u---.i ~ - \1. " c6 l W () Z <C a: I- Z W ~ Z ~ --,,--1. -'1 ~-1 . lS\ " Proposed 11,500 s.t. Club House wi pro-shop, restaurant & lounge i ----I ! i ___I -- ! .fl.' i '\ CITY LIMITS ( 1 \i, ~ " \, \\ ... " , Property I o I 200 I 400 I ~oo oft x \\,.+. "" - f~ ...,.- -- . --- " . i' - '~ Florida - 863-763-4t!-22 " $ City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 PetitionNo,01-[{J 3-f( Publication Dates: v Name of property oWner(s):J)etl\i!l..IJ M 4-BII"('). ev-!. M......t O",d '-~ i6 5 "tevell\ 6 Owner mailing address: 401 '6E S1:k 51vczl!.1-; Of<.ee~~~bee, F="L .3~C;)7.ol:( . . . . ~c"';<"'E!4St. COlI\tlrAc..to~Lena'Cl6eu:s tua, Name of apphcant(s) If other than owner (state relanonshlp): Pc...~6 f!!,.r- ' Applicant mailing address: J 35 e. c.eo"'l eeV"" .6ve..II\LJ e. 6 e.~Ct'"I' ~J...3.3 870 Name of contact person (state relationship): Wc!L.,.....~iA W 06""Yd e<rj Pre...$ ide 11~ I :So", tl- ei 'e- .., <!.. . Contact ersondaytimephone(s): (8(P3) 382-3002, Fax e~)402.-/7"O Notices Mailed: A P P L J C A N T v' Property address / directions to pn!plM6 G 9~ AV~(J~J Ok"eeekDb e~,'::L 34 g 7<{ Indicate current use of property: G:-olC G=.Ull"~c:. b.~J. u""lelle-IDpe.J. 100lAd Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): f>trr> ~p I c..Lo..l~ J.bu~e. ~ 11'-<1 pool, 1e."'V1i ~ Couv-ts - VJ.oV\e.. O(!.C..of!>'e.J. S..q CiD""4.c.""":.... t ,,""".. . . . , Approx imate numb~r or~c,rey ~ \/., 10 s Is property In a platted subdIVISIOn? No . P Is l!lere a current or reccnr use of the property that is/was a violal ion of CPlmty ordinance? If so, describe: R tVl!)V\e. kLo\ov.JlI\ 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, p nature and applicant's name: ~o,^e. kLo\~",",v\ E R Is a sale subject to this application being granted? No T y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: tVc.o. G..c.:sL~ c...e~ lr"6 ~ &.1.J""''''evd~d I"'.... """ lt44 p~' IWt ~ '101.4.....,., t> P/l.. p La t'h""',. D .b d..' I d /" h N h '51'~ l-e F'A."'-\'./j 1Ze6:d.....c e (5 F=~) L escn e a ~ommg an uses unprovements to t e ort: V"'~.e.v ~ I D~ C-cl L~...ci S h W""'''''''c..J~":I.!S FIl.. E t. Cro~4 ~<..~.. l. West: \I.j AA-"..,......n.. 'f out: ~ C:oltt C!.oL. or~ C. as. 6F=~ Existing zoning: Sl~l-e FA,",lj 1Zt$:~~+I" \ Future Land Use classification: ~c.Jlt:L - t41Nl" ly Actions Requested: C)(J Rezone L-J Special Exception L-J Variance Parcel Identification Number: v Confirmation of Information Accuracy 1 hereby certifY that the information in this application is correct. The information included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500 and i risonm t of up to 30 days and may result in the summary denial of this application. Whll.f2.a.j W 6~Y'\)~ Printed Name Z/Iz../07 Date . 'YL_~.c_____ 'I ___...l '11__ A__l:__..':__ . Tlo___ "1 _~...... Current zoning classification: :s ~~ toe Fb."",', I ~ Reque_sted zoning (;lassification : Ml,)H::~-.1D "'" \ I~ R What is your desired permitted use under the proposed classification: CO~+II""Jd-+'-."'" o.f e~ C"lo1.ciD~I'" ;U.-.( E UlI\':TS 010'\ e.4 6.(!....e~ i"" 3 ~uild.'~~, 7 ulA.~is/';It:>t:J"'. 46ie>~!laL '0 vlll4.s lOCo\. ~ .e." Z b,.e.re-5 ;11\ ~o d.o..Jll'e.t: ~V;Jd.IH!f-l. ~=s 0 N If granted, will the new zone be contiguous with a like zone? E Wo Is a Special Exception necessary for your intended use? IVO Variance? Describe the Special Exception sought: I-- S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p T I 0 I f business. brieOy describe nature induding number or employees, hours. noise generation and activIties to be i\ conducted oU\side ora building: Describe Variance sought: - V A R Descnoe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? FORWARD BLUE HERON IMPROVEMENT MUL TI-F AMIL Y REZONING APPLICA nON Enclosed is the application for rezoning of a portion of the undeveloped land in Blue Heron and a portion of the golf course. The parcels are desig- nated Single Family Residential in the Comprehensive Plan. When devel- oped, the Villa parcel will have golf course on three sides and Single Fam- ily Residents (be developed as part of the overall project) on the other. There will be a privacy fence dividing these residential sections when de- velopment is complete. The villas are up-scale and will have the appear- ance of large single-family homes from the outside with the exception of dual garage doors on the interior roads facing away from existing homes. The condominiums are up-scale and would have an individual price point of $300,000.00 or more if sold as individual units. The units will be sold as time-share units and contribute to the economy of Okeechobee by creating an influx of capital on an annual basis as well as a significant increase in the City Tax base. The Blue Heron Golf Course will be refurbished and reopened with a new clubhouse and restaurant to serve the community at large. This clubhouse will be at the entrance of the Blue Heron community thereby providing an overall improvement to the appearance as the community is entered. Con- tinuing in to the community, the three condominium buildings will be on the right prior to entering the residential community, replacing the dilapi- dated upro-shop" and cart stand, continuing the upgrade in the appearance of the community as a whole. A new boat ramp will also be built to pro- vide access to Augustus Canal, Taylor Creek, and Lake Okeechobee. A summary of the Current Condition vs. Proposed Revitalization is included here-in. Additionally, the following pages provide a breakdown of eco- nomic benefits to the City of Okeechobee which are significant and a pre- liminary estimate of the traffic flow impact which is minimal. A quick search of the internet revealed that the inclusion of villas in golf course communities is an established and well used concept, not only in Florida, . but throughout the US and the world, see the partial list that follows. Maps, photos, and renderings are also provided to assist in visualizing the improvement planned in the project as a whole. BLUE HERON PROPERTY CURRENT CONDITION VS. PROPOSED REVITALIZATION BLUE HERON PROPERTY - CURRENT CONDITION 1. The Golf Course needs to be refurbished: .:. All greens replaced .:. All fairways reseeded .:. All bunkers re-defined and rebuilt .:. All lakes cleaned .:. New fairway markers installed .:. New tee-box markers installed .:. Trees and shrubs trimmed .:. Existing brush, downed trees, and trash removed .:. All cart pathways need to be defined and upgraded 2. The existing U officeu and U pro-shop" are dilapidated - need to be torn down and removed. 3. The existing "cart repair and recharge" area were destroyed by a hur- ricane. What is left of the structure needs to be torn down and re- moved. 4. The existing upool building" is damaged and needs repair, repaint- ing, and re-landscaping. 5. The swimming pool is filled with slime and algae. It needs to be drained, cleaned, stream cleaned, and surfaced with a new Diamond Brite surface. 6. The swimming pool equipment needs to be inspected and repaired. 7. The Blue Heron Water System is a closed system that has had operat- ing and quality problems for years. The infrastructure needs to be donated to OU A and the existing facility removed. 8. The Golf Course is non-functional and is providing no benefit to the existing residents of Blue Heron, the city, or the county. As a result, it is producing no recreational or economic benefit. 9. The adjacent land earmarked for development is currently inaccessi- ble. There is only one buildable lot that can be accessed from existing roads without a significant investment in new roads and infrastruc- ture. PROPOSED PROPERTY DEVELOPMENT 1. Golf Course - The course will be refurbished and revitalized. All of the problems in 1. above will be corrected. The course will be put in to excellent, playable condition and become a viable recreational fa- cility available to all area golfers. 2. Oubhouse - A new 11,500 square foot club house will be constructed to house offices, pro-shop, a fist class restaurant and lounge with a community center and meeting/conference rooms available to all area residents. The restaurant will serve breakfast, lunch and dinner and cater private parties. There will be an adjacent outdoor patio overlooking the 10th and 18 fairways with food and beverage service available. 3. New Single Family Homes - 481/3 acre home sites will be available for construction there by adding to the City tax base. The infrastruc- ture will include central water from aUA, cable TV, telephone, and internet services. Homeowners will be members of the existing Blue Heron Home Owners Association. 4. Deluxe Villa Sites - 60 Deluxe Villas will be built, each with 1650 _ 1800 square feet with garage with upscale appointments and land- scaping. They will appear to be large single family residences with the exception of two garage areas. They will be priced between $190,000 to $245,000. 5. Canal Front Condominiums - 84 condominiums units will be built on Augustus Canal with a canal view on one side and a golf course view on the other. A golf package will be included in the weekly time- share maintenance fee to provide owners with golf access as well as contributing steady, non-seasonal base revenues to the golf course to offset the ongoing maintenance requirements, thus ensuring the qual- ity and longevity of the course. Additionally, visitors will contribute a significant capital infusion into the local economy as well as a sub- stantial increase in the City tax base. BLUE HERON IMPROVEMENT BENEFITS TO OKEECHOBEE ANNUAL PROPERTY TAX INCREASE Property Taxes on Time Share Condominiums $77,944,000 X .00220157 = $ 171,599.17 Property Taxes on Villas $225,000 X 60 X . 00220157 = $ 29,721.20 Property Taxes on Single Family Residences $300,000 X 48 X. 00220157 = $ 31,702.61 Property Taxes on Golf Gub House $1,500,000 X . 00220157 TOT AL PROPERTY TAX INCREASE $ 3,302.36 $ 236.325.34 REVENUE TO OUA Water Hook-up (84 + 60 + 48) X $1,680 = $ 322,560.00 Sewer Hook-up 84 X $4,360 = TOTAL REVENUE TO OUA $ 366,240.00 $ 688,800.00 DOLLAR INFUSION TO OKEECHOBEE'S ECONOMY ANNUALLY Time Share Condominiums 84 X $1,000 X 50 = Villas 30 X $250 X 26 = $4,200,000.00 $ 195,000.00 Single Family Residences 24 X $250 X 26 = TOTAL ECONOMIC INFUSION $ 156,000.00 $4,551,000.00 TOT AL ECONOMIC IMP ACT $5,476,125.34* * This does NOT include the increase in Sales Taxes collected on the Economic Infusion BLUE HERON IMPROVEMENT ESTIMATED TRAFFIC FLOW The following parameters will impact traffic flow int%ut of the Blue Heron Property when fully developed as indicated here-in. 1. Single Family Residences - It is anticipated that 1/3 (16) of the units will be purchased by owners living on the east coast for weekend get away homes, 113 as second homes by seasonal residents, and 113 by full time residents. 2. Villas - It is anticipated that 1/3 (20) of the units will be purchased by owners living on the east coast for weekend get away homes, 1/3 as second homes by seasonal residents, and 113 by full time residents. 3. Time Share Units - There will be 84 weekly owners. 4. Golf - Based on past history when the golf course was fully opera- tional, an average of 100 rounds (25 foursomes) will be played each day. This was the previously experienced traffic flow. 5. There are two primary routes in and out of Blue Heron. For this projection we will assume ALL 192 units are occupied and will make a round trip in and out daily to illustrate the worst-case estimate. It should be noted that 36 of the units will usually be occupied only on week- ends and the 36 units will be occupied seasonally. Further, not all owners in residence will make a trip in or out on a daily basis, particularly those on "vacation" be it weekend, weekly, or seasonal. The time share owners will make some day trips to the east coast (beaches, attractions, shopping) or Orlando (attractions, shopping). These day trips will usually start (out- bound) very early and return late (inbound). This will ameliorate the traf- fic flow density. Assumptions: 1. All residents will make an average of one round trip in and out daily between 7:00 AM and 7:00 PM. 2. Golfers inbound will be primarily distributed over four hours begin- ning at 7:00 AM. The distribution is spread out due to tee time avail- ability. This is a compressed time frame. Some golfers will come early to warm up andlor have breakfast in the golf club. 3. Golfers outbound will be distributed over four hours beginning at 11:00 AM. This is a compressed time frame. Some golfers will have lunch in the golf club. 4. All golfers will drive individually (100 vehicles). Some golfers will be couples or will car pool. 5. Traffic will be distributed equally between the two primary routes. Round Trips: 1. Residents -192 trips per day yields 16 trips per hour over 12 hours. 2. Golfers - 100 trips per day yields 12.5 trips per hour over 8 hours. Traffic Flow: 1. Golf traffic - 25 vehicles per hour (12.5 vehicles per route). This equates to one vehicle every 4.8 minutes. 2. Residential traffic - 16 vehicles per hour (8 vehicles per route). This equates to one vehicle every 7.5 minutes. 3. Composite traffic 7:00 AM to 3:00 PM - 41 vehicles per hour (20.5 per route). This equates to one vehicle every 2.9 minutes. 4. Composite traffic 3:00PM to 7:00 PM -16 vehicles per hour (8 vehicles per route). This equates to one vehicle every 7.5 minutes. 5. The golf traffic will be inbound between 7:00 AM and 11:00 AM and outbound between 11:00 AM and 3:00 PM. 6. Residential traffic will be primarily outbound while the golf traffic is inbound and inbound when the golf traffic is outbound, thereby minimizing the probability of any traffic backup inbound or out- bound. Conclusion: When the golf course was fully operational, the traffic flow was approximately as indicated above, so there is no increase over previously experienced levels by reopening the golf course. The real increase contributed by the new owner traffic is only one ve- hicle every 7.5 minutes over previously experienced levels. Even if this estimate is doubled (2 trips per owner per day) it equates to only one vehicle every 3.75 minutes - 16 vehicles per hour as- suming ALL owners are in residence. Golf Courses/Golf Course Communities With Villas Course/ Community Champions Gate PGA Village Southern Dunes Highlands Reserve Golf Hammock Remington Golf Community Highlands Reserve Hilltop Sea Trails Golf Villas N orthville Hills Golf Gub Incline Village Grand Cypress Bay Shore Highlands Ridge La Coree Country Gub Normandy Shores Indian Creek Country Gub Haulover Beach Kapalua Villas Penn National Bella Collina Heritage Bay Lakewood Ranch The Plantation Crown Colony Hilton Head Five Oaks Sanctuary Cove Amelia Island Sugar Creek Fort Wayne Golf Course Villas River Oakes True Blue Sunset Village Location Orlando Port St. Lucie Haines City Orlando Sebring Kissimmee Orlando Myrtle Beach Northville, MI Incline, NV Orlando Miami Sebring Miami Miami Miami Miami HI Gettysburg, P A Orlando Naples Bradenton Ft. Myers Ft. Myers 18 Courses all with Villas Lebanon, TN Australia FL Villa Park, IL IN Myrtle Beach Myrtle Beach Myrtle Beach These fifty (50) communities were identified within 45 minutes on the internet. Villas in golf course communities are an established and ex- tremely common city planning practice. Proposed Club House Pr()p()sed (,()ndOITliniull1 Builejing City of Okeechobee Rezoning Documents for Blue Heron Sportsman's Villas And Condominiums 1. Application 2. Statement of Interest 3. Last Recorded Warranty Deed 4. Letter of Consent 5. Survey Data .:. Dated Boundary Survey and Surveyor Information .:. Legal Description On Survey .:. Acreage Computation On Survey 6. List of Property Owners, Addresses, and Location Sketch 7. Affidavit of Completeness 8. Statement of Special Reasons and Basis for Request 9. Intended Use, Nature of Activities and Development 10. Existing Use of Surrounding Property STATEMENT OF INTEREST Southeast Contractors & Engineers, Incorporated has the Blue Heron Property under contract for purchase. As such we have an equitable interest in the property. We are working with the sellers in the application process to have the central portion of the property surrounded by the golf course and undeveloped single family lots rezoned to allow the construction and sale of Villas and to have the front portion of the property along Southeast 9th A venue and Augustus Canal rezoned to allow the con- struction of condominium units. If you should any additional information or if I can assist you in any way, please contact me at the address or telephone number on the cover. Sincerely, LQ.JWsA- Warren W. Snyder President Southeast Contractors & Engineers, Inc. ~&.\ ... '~~.o SO 8 PAGfID 6 i 7 Documentary Stamps paid in the amount of $ 3 .:)61..0. cD C10l1S C InblOalble T8)( paid in 1he amount of$ -t7- Sharon Re~.C1~ItCourt ~~~~~ . D.C. Diml 8 - I~ ..2 C0.3 Prepared by and return to: The Law Office of Devin R. Maxwell 202 NW 5th Avenue, Ste I Okeechobee, Florida 34972 (863)763-1119 Parcel Identification Nos: 2-2&-37 -35 -OAOO-OOOO l-AOOO 2-22-37-35-0AOO-0004l-AOOO Space Above This Line for Recording WARRANTY DEED (Statutory Form - Section 689.02, F,S.) THIS INDENTURE, made this 70. day of August, 2003, Behveen AMRESCO INDEPENDENCE FUNDING, INC, of 700 North Pearl Street, Suite 1850, Dallas, Texas of the County of 0...\\ <U. , State of Texas, Grantor, and DONALD E. MCBRAYER of 601 SE Sib Street, Okeechobee, Florida ofthe County of Okeechobee, State of Florida, Y. interest, and MARTY and LOIS STEVENS, of 8030 US 60 East, Morehead, Kentucky, Y. interest, Grantees WITNESSETH that said Grantor, for and in consideration of the sum of TEN AND NO/I 00 DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantees, and Grantees' heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit: SEE AITACHED EXlllBIT "An SUBJECT to restrictions, reservations and easements of record, if any. and said Grantor does hereby fully warrant the title to said hind, and will defend the same against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written, Signed, sealed and delivered in our presence: wimf1j~~" AMRESCO INDEPENDENCE FUNDING, INC B~ . o th~S, Pettee ecutive Vice Preslden ilf,~~~ V~' Witness Namek f)rc-"1h V; c-t. STATEOF '-E:'/.;\'S COUNTY OF 1)Au....A-S The foregoing instrument was acknowledged before me thissty of August, 2003, by Jonathan S. Pettee, )ixecutive Vice President of AMRESCO Independence Funding, Inc., on behalf of the corporation, He r\J!S personally known to me or [ ]has produced as identification. WI1NESS my hand and official seal in the County and State last aforesaid this 1l- ay of August, 2003, Printed Name Notary Public, State of Texas My conunission expires: ,c-~ e. ~... SANDRA C: DURAZO ~. ~ Notary Public . . STAn: OF TEXAS OF~. My Climm:Exp,Il~003 ..,. _.A .. ~");-~ ~~o 5 0 8 PAGH16 6$ nuwEWINDS~ROFESSIOJlALS~VICES. INc. Surveyors ,:& Mappers Located at: 113 N.W.11thAvenue Okeechobee, Florida 34972 Phone Number: (863) 763-2887 Mailing address: P.O. Box 1385 Okeechobee, Florida 34973 Fax Nwnber: (863) 763-4342 Legal Description of Blue Heron Golf & Country Club Golf Course Parcel A parcel of land lying in and being a portion of Sections 22 and.27, Township 37 South, Range 35 East, Okeechobee County, Florida; said parcel being more particularly described as follows: Commencing at the Northeast comer of said Section 27, thence South 01'25'40" West along the Easterly line of said Section 27 a distance of 2194.75 feet to the Northeasterly comer of the plat of Blue Heron Golf & Country Club Phase 1 as recorded in Plat Book 6 Pages 50 & 51 of the public records of Okeechobee County, Florida; thence North 88'34'20" West along the Northerly line of said Phase 1 a distance of 95.00 feet; thence North 01'25'40" East along a Easterly line of said Phase 1, a distance of 32.50 feet; thence North 55'18'15" West along a Northerly line of said Phase 1, a distance of 184.42 feet to a point on a curve concave to the Northwest, said curve having a radius of 50.00 feet, a line radial to said curve through said point on curve bears North 55'18'15" West, said point being the POINT OF BEGINNING of the parcel herein described; thence Northwest along the 'arc of said curve through a.central angle of 33 16'05", a distance of 29.03 feet; thence North 76'30'20" East, a distance of 151.10 feet to a point on the West line of the East 95.00 feet of said Section 27; thence North 01'25'40" East parallel with the East line of said Section 27 ,adistance of 255,75 feet; thence North 69'40'04" West, a distance of 154.32 feet to a point on the West line of the East 241.00 feet of said Section 27; thence North 01'25'40" East parallel to the Easterly line of said Section 27, a distance of 1397.00 feet; thence South 88'34'20" East, a distance of 146.00 feet to a ' point on the West line. of the East 95.00 feet of said Section 27; thence North 01'25'40" East parallel with .the East line of said Sectlon.27, a distance of 50.00 footto a point on the South line of the North 241.00 feet of said Section 27; thence North 89'10'06" West parallel with the North line of said Section 27, a distance of 1 055.00 feet to the point of curvature of a curve to the left and concave to the Southeast, said curve having a radius.of 50 feet; thence run Westerly andSoiltherly along the arc of said curve through a central angle of 90'10'31", an arcdistanceof78.69 feet; thence South 00'39'23" West, a distance of 56.01 fee.t; thence South 23'0702" East, a distance of 471.05 feet; thence South 01'25'42" West, a distance of 427:78 .feet to the point of curvature of a curve to the right and concave to the North, said cClrve having a radius of having 310.00 feet; thence running Southerly, Westerly and Northerly along the arc of said curve through a central angle of 160'33'22", an arc distance of 868.69 feet; thence North 18'00'56" West, a distance of 414.29 feet; thence South 66'52'58"West, a distance of 87.72 feet; thence North 5O'26't3" West, a distance of 171.26 feet to the point of curvature of a curve to the right and concave to the. East, said curve haVing a radius of 150.00 feet; thence run Northerly and Easterly along the arc of said curve through a central angle of 117'19'11", an arc distance of 307.14 feet; thence North 66'52'S8" East, a distance of 562.65 feet to a point on a.curve concave to the East, said curve having a radius of 235.00 feet, a line radial to. said curve through said point on curve bears North 86' 44'20" East; thence run Northerly along the arc of said curve through a central angle of 03'55'03", an arc distance of 16.07 feet; thence North 00'39'23" East parallel with the East line of the West % of the East % of said Section 22, a distance of 48. 1 0 feet; thence North 89'20'37" West; a distance of 146.00 feet; 'thence North 00'39'23" East, along the Southerly extension (into said Section 27) of, and along, the West line of theEest 241.00 feet of the Page 1 of 4 g~o 508 PAGEQ 6 69' West % of the East X. of said Section 22, a distance of 1563.05 feet to the point of curvature of a Ctlrve to the left and concave to the Southwest, said curve having a. radius of 50.00 feet; thence running Northerly and Westerly along the arc of said curve throughacentral.angle of 89'50'22", an arc distance of 78.40 feet; thence North 89'10'59" West, a distance of 307.57 feet; thence South 00'25'16" West, a distance of 391.71 feet to the point of curvature of a curve to the right 13nd concave to the West, said curve having a radius of 170.00 feet; thence run Southerly along the arc of said curve through a central angle of 13'40'54", an. arc distance of 40.59 feet; thence leaving said curve ana non-tangent line run South 32'04'19" East,a,distance at 112.14 feet; thence South 00'25'16" West, a distance of 104.82 feet to the point of curvature of a curve to the right and concave to the Northwest, said curve haVing a radius of 75,00 feet; thence. run 'Southerly and Westerly along the arc of said curve through a central angle of 90'24'48ft,an arc distance of 118.35 feet; thence North 89'09'56" West, a distance of 94.46 feet to the Northeast comer of the plat entitled Blue Heron Golf & Country Club Phase 4A as recorded in Plat Book 6 Pages 68 &69 of the public records Okeechobee County, Florida; the next six courses run along the boundary of said platof Blue Heron Golf & Country Club Phase 4A, thence South 11'29'12" East, a distance. of 2n.3!3 feet to a point of curvature of a curve to the right and concave to the Northwest, said curve having a radius of 75.00 feet; thence Northwesterly along the arc of said curve through a central angle of 102'19'16", an arc distance of 133.94 feet; thence North 89'09'56" West, a distance of 186.85 feet; thence South 14'19'14" West, a distance of2n.03 feet to a point of curvature ofa curve to the right and concave to the Northwest; said curve having a radius of 75.00 feet; thence Northwesterly along the arc of said curve through a central angle of 105'09'18", an arc distance of 137.65 feet; thence North 89'09'56" West, a distance of 701.98 feet to the East right-of-way line of NE 9th Avenue; the next five calls run along the Easterly and then Northerly right-of-way line of NE 9th Avenue thence South 00'11'29" West along said right-of-way line, a distance of 363.43 feet; thence continue South 00'11 '29" West along said right-of-way line, a distance of 201.86 feet to a paint of curvature of a Curve to the left and concave to the Northeast, said curve having a radius of 215.00 feet ; thence Southeasterly along the arc of said curve through a central angle of 62'16'18" and along said right-of-way line, an arc distance of 233.67 feet; thence South 62"Q4'49" East amjalong said right-of-way line. a distance of 501.30 feet to a point of curvature of a curve, to the right and concave to the Southwest, said curve having a radius of 435.00 feet; thence Southeasterly along the:arcof said curve through a central angle of 06'58'40" and along said right-of-way line, an arc' distance of 52.96 feet to the Southwest comer of Lot 36 ofthe said plat of Blue Heron Golf & Country Club Phase 1; thence North 71'11'55" East, a distance of 170.23 feet to the Northwesterly comer of said Lot 36, llaid poUlt being.apaint of curvature of a non tangent curve to the right, concave to the Southwest, of which the radius point lies South 44'53'12" West, a radial distance of 581,00 feet; thence Southerly along the arc of said curve and along a Northerly line of said platof Blue Heron Golf& Country Club Phase 1, through a central angle of 51'13'47", a distance of 5.19.49 feet, to the Northwestertycomer ofLot 116 of the plat ' entitled Blue- Heron Golf & Country Club Phase 2 as recorded in Plat Book 6 Pages 59 & 60 ofthe public records of Okeechobee County, Florida; the following calls run along the boundary of said plat of Blue Heron Golf & Country Club Phase 2 until noted otherwise, thenc:aSouth 65'57'50" East, a distance of 581.33 feet to a paint of curvature of a curve tathe left and concave to the North, said curve having a radius of 194.00 feet; thence Easterly'along the arc of said curve through a central angle of 24'10'43", an arc distance of 81.87 feet; thence North 89'51 '27"'East, ad/stance of 254.66 feet to a point of curvatu~ of a curve to the left and concave to the North, said curve having uadius of 169.00 feet; thence Easter1y along the arc of said curve through a central angle of 37'00'27", an arc distance of 109,16 feet; thence North 52'51'00" East" 8:distance of 255:65 feet; thence North 01'25'40" East, a distance of 836.58 feet to a point of curvature of a.curve to the right-and concave to the Southeast, said curve'having a radius of 75.00 feet; thence Northeasterly along the,arc of said curve through a central angle of 90'00'00", an arc distance of 117.81 feet; tI1ehce South 88'34'20" East, a distance of 212.00 feet to a point of curvature of a curve to the right and concave to the Pagel of 4 OR -. . . BKO 508 PABEO 678 Southwest, said curve havin~ a radius of 75.00.feet; thence Southeasterly along the arc of said curve through a central angle of 90 00'00", an arc distance of 117.81 feet; thence South 01'25'40" West, a distance of 851,51 feet to a point of curvature of a curve to the right and concave to the Northwest, said curve having a radius of 331'.00 feet; thence Southwesterly along the arc of said curve through a central angle of 51'25'20", an arc distance of 297.07 feet; thence South 52'51'00. West, a distance of 270.58 feet to a point of curvature of a curve to the right and concave to the North, said curve having a radius of 531.00 feet; thence westerly along the arc of said curve through a central angle of 37'00'27", an arc distance of 342.97feet; thence South 89'51'27"W~t. a distance of 254.66 feetto a point of curvature of a curve to the right and concave to the North, said curve havin9 a radius of 556.00 feet; thence westerly along the arc of said curve through a central angle of 24 10'43", an arc distance of 234.63 feet; thence North 65' 57'50" West.. a distance of 518.14 feet to a point of curvature of a curve to the left and concave to the.Southeast,said curve havinp a radius of 35.00 feet; thence Westerly along the arc of said curve through a central angle of 17 11'32", an arc distance of 10.50 feet to the Southeast comer of Lot 67 ofthe said plat of Blue Heron Golf & Country Club Phase 1; the following calls run along the boundary of said plat of Blue Heron Golf & Country Club Phase 1 until noted otherwise, thence continue Westerly and Southerly along the arc of said 35.00 feet radius curve through a central angle of 72048'31", an arc distance of 44.48 feet; thence South 24'02'07" West, a distance of 57.01 feet to a pointof curvature of a curve to the left and concave to the Northeast, said curve having a radius of 19.00 feet; thence Southerly along the arc of said curve through a central angle of 73'24'06",.an arc distance of 24.34 feet, thence South 49'21'59" East, a distance of 600.23 feet to a point of curvature of a curve to the left and concave to the North, said curve havlng.a radius of 419:00 feet; thence Easterly along the arc of said curve through a central angle of 57039'25", an arc distance of 421.64 feet; thence North 72'58'36" East, a distance of 477.91 feet; thence North 52050'20" East, a'distance of 247.55 feetto a point of curvature of a curve to the right and concave to the South, said curve having. a radius of 316.00 feet; thence Easterly along the arc of sald'9urve through a central angle of 38'37'17", an.arc distance of 213.01 feet; thence South 88'32'23" East, a distance of 120.00 feet to a paint of curvature of a curve to the left-and concave to the Northeast, said curve having a radius of 50.00 feet; thence Nprtheasterly along the arc of said curve through a central angle of 56'45'52", an arc distance of 49.54 feet to 'the POINT OF BEGINNING. Containing ]1.35 acres, montor less. by calculation of this description, Description prepared by Kenneth A, Breaux Jr., Fl. PSM No. 4820, June 24, 2003. . ,~.. , Page 30f 4 g~o 508 PJiBfID 611 / TRADEWINDS PROFESSIONAL SERVICES. INC. Surveyors &: Mappers Located at: 113 N.W. 11th Avenue Okeechobee,Florida 34972 Phone Number: (863) 763-2887 Mailing address: P,O.Box 1385 'Okeechobee, Florida 34973 Fax Number. (863) 763-4342 Legal Description of Blue Heron Golf & Country Club MarinaParcel A parcel of land lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Flodda, said parcel being more particularly described as follows; Commencing:atthe Southeast corner of Lot 14 of the Plat entitled "A REPLAT OF LOTS 1 TO 14 INCLUSIVE OF THE SECOND ADDITION TO OKEECHOBEE ESTATES", as recorded in Plat Book 3,' Page 55 of the public records of.Okeechobee County, Florida; thence South 00'22'24" East, along the Westerly right-of-way of Southeast 9th Avenue, a distance of 55.00 feetto the POINT OF BEGINNING of the parcel herein described; thence South 00"11'29" West, along said right-of-way line, a distance of 224.46 feet to a point on a curve concave to the Northeast, said. curve having a radius of 285.00 feet, a line radial to said curve through said point on curve bears North 74"33'32" East; thence run Southeasterly along the arc of said curve and along said right-of-way line, through a central angre of46"38'21", an arc distance of 231.99 feet; thence South 62"04'49" East, along said right-ot-way line, a distance of 501.30 feet to the Northwesterly comer of Lot 1 of the Plat entitled "BLUE HERON GOLF AND COUNTY CLUB, PHASE 1", as recorded in Plat Book 6. Pages 50 & 51 of the public records of Okeechobee County, Florida; thence South 27.55'11" West, along the Westerly line of said Lot 1, a distance of 213.15 feettothe Southwesterly comer of said Lot 1; (The next 1Zcourses run along the waters ed~e ofTaylor Creek); thence North 34058'02" West,a distance of 295_54 feet; thence North 74 41'39" West, a distance of 11.59 feet; thence North .43019'20" West, a distance of 74.55 feet; thence North 41 "31'01 "'West, a distance of 91.28 feet; thence North 62006'12" West, a distance of 185.53 feet; thence North 71'32'00" West, a distance of 67,11 feet; thence North 58017'23" West, a distance 01-65.40 feet; thence North 21"48'02" West, a distance of 41.11 feet; thence North 24"54'30" West, a distance of 50.60 feet; thence North 14-26'57" East, a distance of 79.16 feet; thence. North 17'01'38" East, a distance of 98.89 feet; thence North 11053'20" West, a distance of 59.81 feet; thence leaving the waters edge of Taylor Creek, South 89'37'36" East, a distance of 92.00 feErt to the POINT OF BEGINNING. Containing 2.1 acres, more or less, by calculation of thls.descriptlon. Description prepared by Kenneth A. Breaux Jr., Fl. PSM No: 4820, June.24, 2003. '., filED FOR RECORD 6KEE1::HOflEE Coutny, n;., 3g5612 03 AUG 1 a Mi 9: I."i" SHARQJi ROBERUON eLERK Of" CIR.CUIT CtJUR'T Page 4 of 4 11111111.lll11lllllmll Pre oared bv and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall 400 NW 2nd Street Okeechobee, FL 34972 FILE NUM 2005001216 OR BK 00551 PG 1312 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 01/21/2005 11:27:18 AM RECORDING FEES 27.00 DEED DOC 105.00 RECORDED BY C Dnrst File No.: 1219A Parcel Identification No. 2-22-37 -35-OAOO-OOOO1-0000 [Space Above This Line For Recording Datal Warranty Deed (STATUTORY FORM - SECfION 689.02, F.S.) This Indenture made thiS~ day of January, 2005 Between DONALD W. BROWN and LINDA FAYE BROWN, his wife, and MARTIN L. BROWN and EDITH L. BROWN, his wife whose post office address is 2461 N.E, 6th Street, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor", and DONALD E. McBRAYER and MARTY STEVENS whose post office address is 601 S.E. 8th Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to-wit: SEE LEGAL DESCRIPITION ATTACHED HERETO AS EXHIBIT "A". IT IS HEREBY CERTIFIED THAT WE HAVE PREPARED THIS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED, Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. . "Grantor" and "Grantee" are used for singular or plural, as context requires, In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. t!2<md~~L/YL~/ ;;g;:;j): 11 ~ LINDA FAYE BROWN '- lI/td.; I ;~z..->-- MARTIN L. BROWN o rf Ld ;f &ht.( :/1- EDITH L. BROWN State of Florida County ofOkeechobee The foregoing instrument was acknowledged before me this ~ay LINDA FAYE BROWN, MARTIN L. BROWN and EDITH L. BRO produced ' cnt) [Notary Seal] .P....~ Karin Ammons N~taIy b c . ~~ ' My Commission 0021,_ Prmted N : '\';..':/ Explfl!$ July 11.2007 My Commission Expires, OR BK 00551 PG 1313 Exhibit "A" ALL THAT PART OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 3S EAST, OKEECHOBEE COUNTY, FLORIDA, WHICH LIES WITHIN THE FOLLOWING DESCRIBED PROPERTY: A parcel, of land lying in and being a portion of Sections 22 and 27, Township 37 South, Range 35 East, Okeechobee County, Florida; said parcel being more particularly described as follows: Beginning at the Northeast corner of said Section 27, thence South 01 degr(les 25 minutes 40 seconds West along the easterly line of said Section 27 a distance of 2194.75 feet to the northeasterly comer of the plat entitled Phase 1 Blue Heron Golf & Country Club as recorded in Plat Book 6 Pages SO & 51 of the public records of Okeechobee County, Florida; thence North 88 degrees 34 minutes 20 seconds West along the northerly line ofsaid Phase I a distance of95.00 feet; thence North 01 degrees 25 minutes 40 seconds East along a easterly line of said Phase 1 a distance of 32.50 feet; thence North 55 degrees 18 minutes 15 seconds West along a northerly line of lot 64 ofsaid Phase 1 a distance of 184.42 feet to a point on a curve concave to the northwest, said curve having a radius of50.00 feet a line radial to said curve through said point on curve bears North 55 degrees 18 minutes 15 seconds West; thence northwest along the arc ofsaid curve through a central angle of33 degrees 16 minutes OS seconds an arc distance of 29,03 feet; thence North 76 degrees 30 minutes 20 seconds East a distance ofl51.10 feetto a point on the west line ofthe east 95.00 feet of said Section 27; thence North 01 degrees 25 minutes 40 seconds East parallel with the east line of said Section 27 a distance of 255,75 feet; tbence North 69 degrees 40 minutes 04 seconds West a distance of 154.32 feet to a point on the west line of the east 241.00 feet of said Section 27; thence North 01 degrees 25 minutes 40 seconds East parallel to the easterly line of said Section 27 a distance of 1397.00 feet; thence South 88 degrees 34 minutes 20 seconds East a distance of 146,00 feet to a point on the west line of the east 95.00 feet of said Section 27; thence Nortb 01 degrees 25 minutes 40 seconds East a distance of 50.00 feet to a point on the south line of the north 241.00 feet ofsaid Section 27; thence North 89 degrees 10 minutes 06 seconds West parallel with the north line ofsaid Section 27 a distance of 1055.00 feet to the point of curvature of a curve concave to the southeast, said curve having a radius of 50 feet; thence run westerly and soutberly along the arc of said curve tbrough a central angle of 90 degrees 10 minutes 31 seconds an arc distance of 78.69 feet; thence South 00 degrees 39 minutes 23 seconds West a distance of 56.01; tbence Soutb 23 degrees 07 minutes 02 seconds East a distance of 471.05 feet; thence South 01 degrees 25 minutes 42 seconds West a distance of 427.78 feet to the point of curvature of a curve concave to the North, said curve having a radius of having 310.00 Feet; thence running southerly, westerly and northerly along the arc of said curve through a central angle of 160 degrees 33 minutes 22 seconds an arc distance of 868.69 feet; thence North 18 degrees 00 minutes 56 seconds West a distance of 414.29 feet; thence South 66 degrees 52 minutes 58 seconds West a distance of87.72 feet; thence North SO degrees 26 minutes 13 seconds West a distance of171.26 feet to the point of curvature of a curve concave to the east, said curve having a radius of 150.00 feet; thence run northerly and easterly along the arc of said curve through a central angle of 117 degrees 19 minutes 11 seconds an arc distance of 307.14 feet; thence North 66 degrees 52 minutes 58 seconds East a distance of562.65 feet to a point on a curve concave to the east, said curve having a radius of235 feet, a line radial to said curve through said point on curve bears North 86 degrees 44 minutes 20 seconds East; thence run northerly along the arc of said curve through a central angle of 03 degrees 55 minutes 03 seconds an arc distance 16.07 feet; thence North 00 degrees 39 minutes 23 seconds East parallel witb tbe east line oftbe West Yz ofthe East Yz ofsaid Section 22 a distance of 48.10 feet; thence Nortb 89 degrees 20 minutes 37 seconds West a distance of 146.00 feet; thence North 00 degrees 39 minutes 23 seconds East along the East line ofthe West Yz ofthe East Yz ofsaid Section 22 a distance of 1563.05 feet to the point of curvature of a curve concave to the southwest said curve having a radius of 50.00 feet; tbence running nortberly and westerly along tbe arc of said curve through a central angle of 89 Degrees 50 Minutes 22 Seconds an arc distance of 78.40 feet; thence Nortb 89 degrees 10 minutes 59 seconds West a distance of 307.57 feet; thence South 00 degrees 25 minutes 16 seconds West A distance of391,71 to the point of curvature ofa curve concave to the west, said curve having a radius of 170.,00 feet; thence run southerly along the arc of said curve through a central angle of 13 degrees 40 minutes 54 seconds an arc distance of 40.60 feet; thence leaving said curve on a non-tangent line run South 32 degrees 04 minutes 19 seconds East a distance of 112,14 feet; thence South 00 degrees 25 minutes 16 seconds West a distance of 105.46 feet to the point of curvature of a curve concave to the northwest, said curve having a radius of 75.00 feet; thence run southerly and westerly along the arc of said curve through a central angle of 90 degrees 24 minutes 48 seconds an arc distance 118.35 feet; thence North 89 degrees 09 minutes 56 seconds West a distance of 94,46 feet to the Northeast comer of the plat entitled Phase 4A Blue Heron Golf & Country Club as recorded [1219-59947. WPD) OR BK 00551 PG 1314 in Plat Book 6 Pages 68 & 69 of the public records Okeechobee County, Florida; thence continue North 89 degrees 09 minutes 56 seconds West along the northerly line of said Phase 4A a distance of 750.00 feet; thence South 00 degrees 11 minutes 29 seconds West along a westerly line of said Phase 4A a distance of 62.38 feet; thence North 89 Degrees 48 Minutes 31 Seconds West a distance of 161.00 feet to the Northwesterly comer of said Phase 4A; thence North 00 degrees 11 minutes 29 seconds East along the easterly right of way line of a 60 foot wide right of way for Southeast 9th Avenue a distance of556,22 feet; thence South 89 degrees 10 minutes 16 seconds East a distance of290.00 feet; thence South 00 degrees 11 minutes 29 seconds West a distance of 115.04 feet; thence South 89 degrees 09 minutes 56 seconds East a distance of 667.11 feet; thence North 00 degrees 25 minutes 16 seconds East a distance of330.07 feet; thence North 89 degrees 10 minutes 09 seconds West along the southerly line of the Northwest 1/4 of the Southeast 1/4 of said Section 22 a distance of 668.43 feet; thence North 00 degrees II minutes 29 seconds East along the westerly line of the East Yz of said Section 22 a distance of 330.05 Feet; thence South 89 degrees 09 minutes 30 seconds East along the Northerly line of the South 114 ofthe Northwest 1/4 ofthe Southeast 1/4 ofsaid Section 22 a distance of 669.56 feet; thence South 89 degrees 10 minutes 59 seconds East along the North line ofthe South 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 22 a distance of East 669.98 feet; thence South 00 Degrees 39 Minutes 23 Seconds East along the East line of the West Yz ofthe East Yz said Section 22 a distance of 1650.36 feet to the South line ofsaid Section 22; thence Soutb 89 Degrees 10 Minutes 06 Seconds East along the Soutb line of said Section 22 a distance of 1326.03 Feet to the point of beginning. LESS THE FOLLOWING DESCRIBED PARCELS: Being a parcel ofland lying in a portion of Sections 22 and 27, Township 37 South, Range 35 East, Okeechobee County, Florida and being more particularly bounded and described as follows: Commence at the Southeast comer of said Section 22; Tbence along the South boundary line of said Section 22 N 89'10'06" W a distance of 2942.18 feet to a point lying on the East right of way of Southeast 9tb Avenue, said point being tbe Point of Beginning. Thence along the East right of way of Southeast 9th Avenue S 00'11'29" W a distance of 110.70 feet; Thence S 89'09'56" E a distance of 701.98 feet to a point of curvature; Thence a distance of 137.65 feet along the arc of a curve being concave to the Northwest having a radius of 75.00 feet and chord bearing of N 38"15'25" E and a chord distance of1I9,13 feetto the point oftangency; Thence N 14 '19' 14" W a distance of277 .03 feet; Thence s 89'09'56" E a distance of 186.85 feet to a point of curvature; Thence a distance of 133.94 feet along the arc of a curve being concave to tbe Northwest having a radius of 75.00 feet and a chord bearing of N 39'40'26" E and a chord distance of 116,84 feet to the point of tangency; Thence N 11'29'12" W a distance of 277.36 feet; thence S 89'09'56" E a distance of 94.46 feet to a point of curvature; Thence a distance of 118.35 feet along the arc of a curve being concave to the Northwest and having a radius of75.00 feet and a chord bearing ofN 45'37'40" E and a chord distance of 106.45 feet to the point of tangency; Thence N 00'25'16" E a distance of 105.44 feet to a point of curvature; Thence N 32'04'19" W a distance of 233.46 feet; Thence N 89'09'56" Wa distance of 667.11 feet; Thence N 00'11 '29" E a distance of 115.04 feet; Thence N 89'10'16" W a distance of 290.00 feet to a point lying on the East right of way of Southeast 9" Avenue; Thence along the East right of way of Southeast 9th Avenue S 00'11 '29" W a distance of 1105.35 feet to the Point of Beginning. Bearings based on N 00'11'29" E for the East right of way of Southeast 9tb Avenue. AND LESS: PARCEL NO. 41 OF OKEEcHOBEE COUNTY PROPERTY APPRAISER'S MAP MORE P ARTIcULARL Y DESCRIBED AS FOLLOWS: THE SOUTH 114 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE EAST Yz OF THE SOUTHEAST 114 OF SOUTHEAST 1/4 LESS THE WEST 176 FEET AND LESS TRACT A OF SECTION 22, TOWNSmp 37 SOUTH, RANGE 35 E, OKEEcHOBEE COUNTY, FLORIDA. [1219.S9947WPDJ '.""IIIWllllmIIIIIOIDBIIII Preoared bv and retum 10: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall 400 NW 2nd Street Okeechobee. FL 34972 File No.: 1219 FILE NUM 2005000245 OR BK 00550 PG 1153 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHDBEE COUNTY. FL RECORDED 01/06/2005 08:~2:57 AM RECORDING FEES 27.00 DEED DOC 1.~00.00 RECORDED BY G Mewbourn Parcelldenlificalion No, 2-22.37 -3S.oAOO-OOOO1-0000 rSpace Above This Line For Recording Datal Warranty Deed CST A TUTORY FORM - SECTION 689,02, F,S.) This Indenture made this 5th day of January, 2005 Between DONALD W. BROWN and LINDA FAYE BROWN, his wife, and MARTIN L. BROWN and EDITH L. BROWN, his wife whose post office address is 2461 N.E. 6th Street, Okeechobee, FL 34972 of the County of Okeechebee, State of Florida, grantor", and DONALD E. McBRAYER and MARTY STEVENS whose post office address is 601 S.E. 8th Street, Okeechebee, FL 34974 of the County of Okeechobee, State of Florida, grantee., Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10,OO) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to-wit: SEE LEGAL DESCRIPITION ATTACHED HERETO AS EXHIBIT "A". Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land. and will defend the same against lawful claims of all persons whomsoever. . "Grantor" and "Grantee" are used for singular or plural, as context requires In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ~, I :i ~ (f./I; EDITH L. BROWN Stale of Florida County of Okeechobee The foregoing instrument ',Vas aclcnowledged before me this 5th day of Jan~ 2005 by DONALD W, BROWN, LINDA FA YE BROWN, MARTIN L. BROWN and EDITH L. BROWN, who V~e personally Imo or U have produced as identification, ~ii\. Karin Ammona ,'I; MyCommi1olonD02118lll1 ..,., ~Julyl1.2007 [Notary Seal] OR BK 00550 PG 1154 Exhibit "A" ALL THAT PART OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, WHICH LIES WITHIN THE FOLLOWING DESCRIBED PROPERTY: A parcel, ofland lying in and being a portion of Sections 22 and 27, Township 37 South, Range 35 East, Okeechobee County, Florida; said parcel being more particularly described as follows: Beginning at the Northeast corner ofsaid Section 27, thence South 01 degrees 25 minutes 40 seconds West along the easterly line of said Section 27 a distance 012194.75 feet to the northeasterly corner of the plat entitled Phase 1 Blue Heron Golf & Country Club as recorded in Plat Book 6 Pages 50 & 51 of the public records of Okeechobee County, Florida; thence North 88 degrees 34 minutes 20 seconds West along the northerly line ofsaid Phase 1 a distance of95.00 feet; thence North 01 degrees 25 minutes 40 seconds East along a easterly line of said Phase 1 a distance of 32.50 feet; thence North 55 degrees 18 minutes 15 seconds West along a northerly line of lot 64 of said Phase 1 a distance of 184,42 feet to a point on a curve concave to the northwest, said curve having a radius of 50.00 feet a line radial to said curve through said point on curve bears North 55 degrees 18 minutes 15 seconds West; thence northwest along the arc of said curve through a central angle of33 degrees 16 minutes 05 seconds an arc distance of 29.03 feet; thence North 76 degrees 30 minutes 20 seconds East a distance ofl51.IO feet to a point on the west line ofthe east 95.00 feet ofsaid Section 27; thence North 01 degrees 25 minutes 40 seconds East parallel with the east line of said Section 27 a distance of 255.75 feet; thence North 69 degrees 40 minutes 04 seconds West a distance of 154.32 feet to a point on the west line of the east 241.00 feet of said Section 27; thence North 01 degrees 25 minutes 40 seconds East parallel to the easterly line of said Section 27 a distance of 1397.00 feet; thence South 88 degrees 34 minutes 20 seconds East a distance of 146.00 feet to a point on the west line ofthe east 95.00 feet of said Section 27; thence North 01 degrees 25 minutes 40 seconds East a distance of 50.00 feet to a point on the south line of the north 241.00 feet of said Section 27; thence North 89 degrees 10 minutes 06 seconds West parallel with the north line of said Section 27 a distance of 1055.00 feet to the point of curvature of a curve concave to the southeast, said curve having a radius of SO feet; thence run westerly and southerly along the arc of said curve through a central angle of 90 degrees 10 minutes 31 seconds an arc distance of 78.69 feet; thence South 00 degrees 39 minutes 23 seconds West a distance of 56.01; thence South 23 degrees 07 minutes 02 seconds East a distance of 471.05 feet; thence South 01 degrees 25 minutes 42 seconds West a distance of 427,78 feet to the point of curvature of a curve concave to the North, said curve having a radius of having 310.00 Feet; thence running southerly, westerly and northerly along the arc ofsaid curve through a central angle of160 degrees 33 minutes 22 seconds an arc distance of 868.69 feet; thence North 18 degrees 00 minutes 56 seconds West a distance of 414,29 feet; thence South 66 degrees 52 minutes 58 seconds West a distance of87.72 feet; thence North 50 degrees 26 minutes 13 seconds West a distance of 171.26 feet to the point of curvature of a curve concave to the east, said curve having a radius of 150.00 feet; thence run northerly and easterly along the arc of said curve through a central angle of 117 degrees 19 minutes 11 seconds an arc distance of 307.14 feet; thence North 66 degrees 52 minutes 58 seconds East a distance of 562.65 feet to a point on a curve concave to the east, said curve having a radius of 235 feet, a line radial to said curve through said point on curve bears North 86 degrees 44 minutes 20 seconds East; thence run northerly along the arc of said curve through a central angle of 03 degrees 55 minutes 03 seconds an arc distance 16,07 feet; thence North 00 degrees 39 minutes 23 seconds East parallel with the east line ofthe West Yz ofthe East Yz ofsaid Section 22 a distance of 48.10 feet; thence North 89 degrees 20 minutes 37 seconds West a distance of 146.00 feet; thence North 00 degrees 39 minutes 23 seconds East along the East line ofthe West Yz ofthe East Yz ofsaid Section 22 a distance of 1563,05 feet to the point of curvature of a curve concave to the southwest said curve having a radius of 50,00 feet; thence running northerly and westerly along the arc of said curve through a central angle of 89 Degrees 50 Minutes 22 Seconds an arc distance of 78.40 feet; thence North 89 degrees 10 minutes 59 seconds West a distance of 307.57 feet; thence South 00 degrees 25 minutes 16 seconds West A distance of 391.71 to the point of curvature ofa curve concave to the west, said curve having a radius of 170.00 feet; thence run southerly along the arc of said curve through a central angle of 13 degrees 40 minutes 54 seconds an arc distance of 40.60 feet; thence leaving said curve on a non-tangent line run South 32 degrees 04 minutes 19 seconds East a distance of 112,14 feet; thence South 00 degrees 25 minutes 16 seconds West a distance of 105.46 feet to the point of curvature of a curve concave to the northwest, said curve having a radius of 75.00 feet; thence run southerly and westerly along the arc of said curve through a central angle of 90 degrees 24 minutes 48 seconds an arc distance 118.35 feet; thence North 89 degrees 09 minutes 56 seconds West a distance of 94.46 feet to the Northeast corner of the plat entitled Phase 4A Blue Heron Golf & Country Club as recorded in Plat Book 6 Pages 68 & 69 of the public records Okeechobee County, Florida; thence continue OR BK 00550 PG 1155 North 89 degrees 09 minutes 56 seconds West along the northerly Jine of said Phase 4A a distance of 750.00 feet; thence South 00 degrees 11 minutes 29 seconds West along a westerly line ofsaid Phase 4A a distance of62.38 feet; thence North 89 Degrees 48 Minutes 31 Seconds West a distance of 161.00 feet to the Northwesterly comer of said Phase 4A; thence North 00 degrees 11 minutes 29 seconds East along the easterly right of way line of a 60 foot wide right of way for Southeast 9th Avenue a distance of 556.22 feet; thence South 89 degrees 10 minutes 16 seconds East a distance of 290.00 feet; thence South 00 degrees 11 minutes 29 seconds West a distance of 115.04 feet; thence South 89 degrees 09 minutes 56 seconds East a distance of 667.11 feet; thence North 00 degrees 25 minutes 16 seconds East a distance of330.07 feet; thence North 89 degrees 10 minutes 09 seconds West along the southerly Jine of the Northwest 1/4 of the Southeast 1/4 ofsaid Section 22 a distance of 668.43 feet; thence North 00 degrees 11 minutes 29 seconds East along the westerly line of the East Y. of said Section 22 a distance of 330.05 Feet; thence South 89 degrees 09 minutes 30 seconds East along the Northerly line ofthe South 114 of the Northwest 114 of the Southeast 114 of said Section 22 a distance of 669,56 feet; thence South 89 degrees 10 minutes 59 seconds East along the North line ofthe South 1/4 ofthe Northwest 114 of the Southeast 114 of said Section 22 a distance of East 669.98 feet; thence South 00 Degrees 39 Minutes 23 Seconds East along the East line of the West Y. of the East Y. said Section 22 a distance of 1650.36 feet to the South line of said Section 22; thence South 89 Degrees 10 Minutes 06 Seconds East along the South line of said Sec:tion 22 a distance of 1326.03 Feet to the point of beginning, City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) 763-1686 LAND USE POWER OF ATTORNEY Name of Pro Owner(s): D:>Vf:\L.~ (\.-\ <'. i:S ,n\vc"\." ..':\.\.'c,(, ~_c:"c") -:)t~"C.'k h .. g Address: C,C' I -=; (, 9'l," ()"'\" ii"'t-' l:- (+:. '-:'c c' C-.c" ~~. ".: c: ,~"l, "--;; 4 ':') 7'/' Home Tel hone: Pro Address'. t c.y?"~ ',)' (:::" ~,,-(,:) .;iy -' j 'l/'/~'" , "C_ __ -< _ -,J t ~ _1..:__, .....,.- ,,-...":...-_" "-,_"",,,~,-"-c' Parcel Tax ID Number. 2. ~2. 7 -.3 "'""( -3 .-;' - L) r4 .:;c ame of Applicant: c:,.,. ,-' '>cOC--j', Home Telephone: Work Telephone: (' The Undersigned, being the record title owner(s) of the real property describe'~ above, do hereby grant unto the Applicant stated above the full right an power of attorney to r:,ake application to i the City ofOkeechobee to change the land use of said property. This land use ;:'.lange may include rezoning ofthe property, the granting of special exceptions or variances, and 3.0i)eaIS of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatments upon application Of 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 terminat!'.:-; only by a written and notarized statement of such termination effective upon receipt by the Plan,'ing Department. IN WI~~S WHEREOF THE UlIDERSIGNED HA V~ SET THEIR HA,l'<DS AND SEALS TIllS~ DAY OF F~&- "ff.tLDDI <Yy~~~~~~~'~\ Owner Wi ess Cv \.... '\ '- .'\ v J U' I J / W,O lIDes I\I! I ~," ~'OA AL/4 III,/.< Before me the undersigned authority personally appea#i . ~~~ .~ above 'Nho upon being duly sworn acknowledged before me that the-j are the own!\s!";jtlit ~~er\' described above ~at ey ex the power of attOfil6,l(, fOT~e purpose ~ thereio:"6worti tI@. subscribed this ~ day of ~ f\ r} . ~ 5'. #DD 275175 : i:$ ~ J.l...-L ~/\.41. ~.~- ~ -l",p,.'''~ Bonded \\\1'\ #,.0 (j ~ ~ ')- A.~~PubljC U:l'i~:".';.~v~ ~ z,e, e"'I;O.&. C), "'....""f< ~~llfi/'C. STl>:\~.\~~~' flli!!!HI\\\\' SEAL I.f\JVV\- City of Okeechobee Planning Department 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) 763-1686 LAND USE POWER OF ATIORNEY ~'-,~ 1" :',' v- '.:'_._L-". -S ':;):..:~ ('- ,~\-\ ''':r't vtc f' .~ t )k:: C(~ (,._lc(~Lc ( F- L .::; + ')N. Home Tel hone: Pro Address: i 02.5- :"JC C') 1:\., Parcel Tax ill Number: '2,,)' 7, -::; ( . Name of Applicant: "')C,'1l ; c "" ,,{ (',,-e Home Telephone: Work Tete hone: ~ ,- .- (' l --. ", ~'i\"-(',--< -\C-_"':.:--~~_, {\ i___L':~l L~ \.-"_j' f L.,~' '<-~:. -....; r {v; . WorkTelephone:(~'.(,-.;') ,~,EZ ~c,,~. 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 an power of attorney to make application to the City ofOkeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exceptions or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be I placed upon the use or operation of the property. Misstatments upon appliCB.tion or in any hearing i \may result in the termination of any special exception or variance and a proceeding to rezone the I property to the original classification. This power of attorney may be terrnLnated only by a written I land notarized statement of such termination effective upon receipt by the Plarming Department. IN ~ WHEREOF THE UND;ERSIGNED HAVE SET THEIR HAl\1DS AND SEALS TIllS DAY OF Fe lr- .f9-d!!P f) /1 i~C\~ Wrtnes ) c~.-? ._'-~ ,,7 ') /1 /.' ..' ~ .----' ..'i ! )) , ,/ /' ill t. I-I~ !:/ J-\,{j k:. /. 1/-\../ Witfless \, - Before me the undersigned authority personally appeared the owner(s). ~F who upon beinW{Y . ~':io.~ "Ii, sworn a owledged before me that they are the owner(s) of tile re#~~. ~ above ~~ ey ex e power of attom~theJlPrpose stated there~'SVi#~ ~~.;~ this ~ Y of 00'./ f l~ ~~ J (]qp~o.. ~ I ~ ~*: .......... (J):*~ I ~ -z'. -. Ii ~~... #OD275175 :7:C~ ~~o~ .~~ , ~ ~.t-..~~~nded\hN ~~\"'...R:-~ ~ ,o/.,..~bflcun<.e~...<;-.;'* SEAL /I~ .1_ 1\ :L._ _" 1'l. v8. ....... 1(" ~ Notary Public <fLJ1.,Q'Y\~. f'l. L < J rrfIl, Yy / "'lf/~7;/~Tfi1~~"'~~ Commission Expires: 'J / tt J L 1\ fU}\JJY\ SPECIAL REASONS AND BASIS FOR THE REQUEST Southeast Contractors & Engineers, Incorporated is purchasing the Blue Heron Property with the intent of making a substantial investment (Approximately $30M total) in the development, upgrading, refurbishment, and residential construction on the property. Our investigation of the area leads us to believe that there is a market for Villa and Time-Share Condominium de- velopment in the Okeechobee area. The investment in the Villa infrastructure will exceed $800,000 excluding the construction of sixty units in thirty buildings. Each building will be two units. Most units will have golf course (back) views and be a minimum of 1650 square feet living space. These units will be up-scale. The target price point is $225,000. This part of the overall development project will yield a $13.5M+ increase in the city tax base. The in- vestment in the condominium complex will exceed $20M and include the construction of eighty-four (84) units in three buildings, Each building will be four stories with seven units on each floor. All units will have canal-front (front) and golf course (back) views and be a minimum of 1600 square feet living space. These units will be up-scale. They would have an equivalent price point of $300,000 or more if sold as individual units. This part of the overall development project will yield a $78M increase in the city tax base. The complex will have a swimming pool and community center. (The existing pool and building will be upgraded and refurbished for this purpose.) This condominium complex is the revenue source that makes the total project viable. The to- tal project includes: 1. The refurbishment and reopening of the Blue Heron Golf Course. 2. A new $l.5M golf course club house, pro-shop, restaurant and lounge to be con- structed on a portion of the golf course property at the entrance of Blue Heron to serve the community at large. 3. Development of eighty-four (84) Condominium units on Augustus Canal. 4. New roads and associated infrastructure for the construction of residential units on the remainder of the property not occupied by the golf course. 5. A new boat ramp with entry / exit dock for use by the Blue Heron community. 6. Donation of the existing water distribution system to the Okeechobee Utility Authority (This is already underway). The new water infrastructure will be constructed so the water system will loop vice the existing closed configuration, This will be of benefit to the water system as a whole. If you should need any additional information or if I can assist you in any way, please contact me at the address or telephone number on the cover. Warren W. Snyder President Southeast Contractors & Engineers, Inc. INTENDED USE, NATURE OF ACTIVITIES AND DEVELOPMENT The rezoned intended use of part of the property is for Villa (Duplex) development and sale. The rezoned intended use of the other portion of the property is for condominium development and sale. SW 9th A venue will be rerouted to the east to establish direct entry into both portions. The rerouted road will provide access to the existing homes in the area without disrupting or impeding traffic flow and provide direct access to the Villas and Condominiums thereby eliminating any increase in traffic flow to existing residential areas. The Villas will be located on ~~ires~ and used as primary residences, sec- ond/ vacation residences, and / or rentals, at the discretion of the pur- chaser(s). The condominium units will be located on 8.4 acres and used as time-share vacation units with a dedicated community center and swimming pool. The existing pool and adjoining building will be upgraded and refurbished for this purpose. The Condominiums will add approximately $78,000,000 to the city tax base and create an estimated economic inflow of capital of $4,200,000 annually. All units will have ample parking for the owners and guests as required by code. Additionally, all owners will have use of the new boat ramp and floating docks and the golf course. If you should need any additional information or if I can assist you in any way, please contact me at the address or telephone number on the cover. Warren W. Sn President Southeast Contractors & Engineers, Inc. EXISTING USE OF SURROUNDING PROPERTY The Villa property is bordered as follows: . North - Undeveloped land with a preliminary zoning of Single Family. . East, South, and West- Blue Heron Golf Course. The Condominium property is bordered as follows: . North - One single-family residence with a border of 92 feet. . Southwest - One single-family residence with a border of 213.15 feet. . From the western corner of the northern lot to the western corner of the southwest lot the property is on a waterway with a border of approximately 1100 feet. . From the eastern comer of the northern lot to the eastern corner of the southwest lot the property is on a golf course with a bor- der of approximately 900 feet. If you should need any additional information or if I can assist you in any way, please contact me at the address or telephone number on the cover. Sincerely, (JJW Warren W. Sny President Southeast Contractors & Engineers, Inc. EXHIBIT "A" PAGE 1 OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A PARCEL OF LAND L YlNG IN AND COMPRISING A PORTION OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND -BEING MORE_ PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 89"10'06" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 27, A -DISTANCE OF 1752.80 FEET; THENCE SOUTH 00'49'54" WEST, A DISTANCE OF 910.25 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 18'00'56" EAST, A DISTANCE OF 414.29 FEET TO THE POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 310.00 FEET AND A CENTRAL ANGLE OF 160'33'22"; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE ARC A DISTANCE OF 868.69 FEET; THENCE NORTH 01"25'42" EAST, A DISTANCE OF 427.78 FEET; THENCE NORTH 23'07'02" WEST, A DISTANCE OF 172.88 FEET; THENCE SOUTH 66'52'58" WEST, A DISTANCE OF 216,00 FEET; THENCE NORTH 23'07'02" WEST, A DISTANCE OF 6.99 FEET; THENCE SOUTH 66'52'58" WEST, A DISTANCE OF 515.63 FEET TO THE POINT OF BEGINNING. CONTAINING 10,70 ACRES, MORE OR LESS. PROJECT SPECIFIC NOTES/LEGEND: (1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. (2) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS. ZONING SETBACKS, RIGHTS-OF-WAY OR ABANDONMENTS, (3) REPRODUCTIONS OF THIS DRAWING ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR, (4) BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF SECTION 27. TOWNSHIP 37 SOUTH, RANGE 35 EAST, TAKEN TO BEAR NORTH 89'10'06" WEST, (5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE, ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, P.O,B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PREPARED FOR THE EXCLUSIVE USE OF: SOUTHEAST CONTRACTOR'S AND ENGINEERS, INC, ~~t ~~<f)-, KENNETH A, BREAUX, JR. PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 4820 CERTIFICATE OF AUTHORIZATION NO. LB6719 / SKETCH OF DESCRIPTION PREPARED FOR: SOUTHEAST CONTRACTORS &: ENGINEERS, INC. DESCRIPTION DATE BY CK PREPARE EXHIBIT 02/13/07 WC KAB FB/PC: N / A SCALE: N/A \.FILE 20453-VlLLAS JOB NO: 20453- VILLAS TRADEWINDS p~ YM'V-~, J?U0. Certificate of Authorization No. LB 6719 200 SW 3rd AVENUE Okeechobee. FL 34974 Tel: (863) 763-2887 EXHIBIT" A" PAGE 2 OF 2 I I ! I I J I ! 1 . I SOO'49'54" W 910,25' U'l 0' d' 0'. ::> q\ tJ' ,-. '0' 0' lJ1.OI.. Z PARCEL CONTAINS :1::10.70 ACRES (VACANT) UNPLATIED (GaF COURSE) 427.78' N 01'25'42" E L-1: N 23'07'02" W 172.88' U\:!]@~lfC=a L-2: S 66'52'58" W 216.00' L-3: N 23'07'02" W 6,99' C-1: DELTA = 160'33'22" RADIUS = 310.00' TANGENT =1809.40' ARC LENGTH = 868.69' UNPlA TIED (GaF COURSE) z o :u 1Il~ 0'" ::j> OUl z-< ~~ I z 'U 1~ 9 '"' 0 () "'.". o 150 300 b,t....,..."..,.!,.."....I....I,...1 SCALE IN FEET IlAAP SCAlE: 1 INCH = 300 FEET SKETCH OF DESCRIPTION PREPARED FOR: SOUTHEAST CONTRACTORS &: ENGINEERS, INC. DESCRIPTION DATE BY CK PREPARE EXHIBIT 02/13/07 we KAB FB/PC: N/A SCALE: 1" = 300' FILE: 20453- VILLAS JOB NO: 20453- VILLAS zZ ~CD ~(Q----- c~CD -zOfTI '" .)> 00:;0 .,,0)_ UI : Z g~(;) ~ OJ "'~)> .....--..J(.IJ l(J1fT1 ~N"""""" I . '"'CD "'0 N N N en N VI TRADEWINDS p~~ Yrvr-u-~, J~. Certificate of Authorization No. LB 6719 200 SW 3rd AVENUE Okeechobee, FL 34974 Tel: (863) 763-2887 0- ~ (j 8- ~'v ^'~ N24'54'30"W 50.60' N14'26'57"E N21'48'02"W 79,16' N17'01'38"E 41,11' 98.89' N11'53'20"W 59.81' 589'37'36"E /;92.00' NOO'22'24"W 55.00' P,Q.B, SOUTHEAST CORNER OF LOT 14 AS PER PLAT BOOK 3, PAGE 55 N41'31'01"W 91.28' N43'19'20"W 74.55' N74'41'39"W 11.59' o 100 200 1....1....1....1....1....1....1....1....1 SCALE IN FEET MAP SCALE: 1 INCH. - 200 FEET Legal Description of Proposed Parcel A parcel of land lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida, said parcel being more particularly described as follows; Beginning at the Southeast corner of Lot 14 of the Plat entitled "A REPLA T OF LOTS 1 TO 14 INCLUSIVE OF THE SECOND ADDITION TO OKEECHOBEE ESTATES", as recorded in Plat Book 3, Page 55 of the public records of Okeechobee County, Florida; thence South 89'03'43" East, to a point on the Easterly right-of-way line of Southeast 9th Avenue; thence South 00'11'29" West along said Easterly right-of-way line, a distance of 14.58 feet; thence South 75'56'00" West, a distance of 472.15; tthence South 05'21'46" East, a distance of 332.66 feet; thence South 63'00'48" East, a distance of 307.38 feet to the Northeast corner of Lot 36 of the Plat entitled "BLUE HERON GOLF AND COUNTY CLUB, PHASE 1", as recorded in Plat Book 6, Pages 50 & 51 of the public records of Okeechobee County, Florida; thence South 71'11 '55" West along the Northerly line of said Lot 36, a distance of 170.23 feet to the Northwesterly corner of said Lot 36; thence South 66'16'35" West, a distance of 85.16 feet to the Northwesterly corner of Lot 1 of the said Plat of "BLUE HERON GOLF AND COUNTY CLUB, PHASE 1"; thence South 27'55'11" West, along the Westerly line of said Lot 1, a distance of 213.15 feet to the Southwesterly corner of said Lot 1; (The next 12 courses run along the waters edge of Taylor Creek); thence North 34'58'02" West, a distance of 295.54 feet; thence North 74'41'39" West, a distance of 11.59 feet; thence North 43'19'20" West, a distance of 74.55 feet; thence North 41'31'01" West, a distance of 91.28 feet; thence North 62'06'12" West, a distance of 185.53 feet; thence North 71'32'00" West, a distance of 67.11 feet; thence North 58'17'23" West, a distance of 65.40 feet; thence North 21'48'02" West, a distance of 41.11 feet; thence North 24'54'30" West, a distance of 50.60 feet; thence North 14'26'57" East, a distance of 79.16 feet; thence North 17'01'38" East, a distance of 98.89 feet; thence North 11'53'20" West, a distance of 59.81 feet; thence leaving the waters edge of Taylor Creek, South 89'37'36" East, a distance of 92.00 feet to a point on the Westerly right-of-way line of said Northeast 9th Avenue; thence North 00'22'24" West along tsaid right-of-way line a distance of 55.00 feet to the POINT OF BEGINNING. Containing 8.4 acres, more or less, by calculation of this description. SKETCH OF DESCRIPTION STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey, This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSiVE USE OF: SOUTHEAST CONTRACTORS & ENGINEERS INC, DESCRIPTION SKETCH DATE 02/13/07 BY KB CK KAB DESCRIPTION REFERENCE: PROVIDED BY SURVEYOR BEARING REFERENCE: SOUTH R/W NE 9th AVE, TAKEN TO BEAR SOO'11'29"W FB/PG: FILE: N/A 20453 SCALE: 1" = 200' JOB NO: 20453-B.4AC TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 SW 3rd Avenue Okeechobee, FL 34974 'I'el:(863) 763-2887 ~-;I LEGEND a-Set Iron Rod and Gap "KAB LS 4820" O~Found eM .-Found Iron Rod (and CaPr (!) -Found Pipe (and Cap) ABBREVIA TIONS It=Baseline; BM=Benchmark; q;,=Centerline; C=Calculated; CATV=Cable TV; CM", Concrete Monument; CONC=Concrete; (D)=Deed;L'> =Delta or Central Angle; E=East; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood.lnsuronce Rote Mop; FND=Found; IP=lron Pipe; IR&(C)=lron Rod (and ID Cop); L=(Arc) Length; (M)=Meosured; MH=Monhole; N=North; (NGVD)=Notionol Geodetic Vertical Datum of 1929; OHW=Overhead Wires; ORB=Official Records Book;It=Properly Line; (P)=Plat; PC=Point of Curvature; PCC=Point of. Compound Curvature; PCP= Permanent Control Point; PG= Page; POB=Paint of Beginning;POC=Paint of Commencement; PRC=Point of Reverse Curvature; PRM,;Permanent Reference Monument; PT=Point of Tangency. PU&D=Public Utilitiy and Drainage; R=Radius;R/W=Right-of~Way; S=South; S L Y=Southerly; T= Tangent; TEL=Telephone Splice or Switch. Box; W=West; WPP=Woad Power Pole; UTlL=Utility{ies); ~=Spot Elevation based on indicated Dotum. CertificateD! Authorization No. LB 6719 ~ ..- " l375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared fOr: Applicant: From: To: Petition No. City ofOkeechobee Southeast Engineers & Contractors, Inc. (Blue Heron) RSF-l RMF 07-003-R Staff Report Rezoning Request Applicant: Southeast Engineers & Contractors, Inc. Blue Heron Petition No.: 07-003-R General Information Applicant Phone Number: out 135 E. Center Avenue Sebring, FL 33870 863-382-3002/Fax: 863-402-1760 Applicant Address: Donald McBrayer & Marty Stevens 601 SE 8th Street Okeechobee, FL 34974 Owner: Owner Address: Existing Proposed Zoning District Use. of Property Acreage Access RSF-1 Undeveloped/Golf Course 19.1 RMF Villas/Condos 19,} Location: 1925 SE 9th Avenue Legal Description: Parcel A: A PARCEL OF LAND LYING IN AND COMPRISING A PORTION OS SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 89010'06" WEST, ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 27, AS DISTANCE OF 1752.80 FEET; THENCE SOUTH 00049'54" WEST, A DISTANCE OF 910,25 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 18000'56" EAST, A DISTANCE OF 414.29 FEET TO THE POINT OF A CURVE TO THE LEFT HAVING A RADIUS OF 310.00 FEET AND A CENTRAL ANGLE OF 160033'22"; THENCE SOUTHERLY, EASTERLY AND NORTHERLY ALONG THE ARC A DISTANCE OF 868,69 FEET; THENCE NORTH 01"25'42" EAST, A DISTANCE OF 427,78 FEET; THENCE NORTH 2300T02"WEST, A DISTANCE OF 172,88 FEET; THENCE SOUTH 66052'58"WEST, A DISTANCE OF 515.63 FEET TO THE POINT OF BEGINNING, CONTAINING 10,70 ACRES MORE OR LESS Parcel B: A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Staff Report Rezoning Request Applicant: Southeast Engineers & Contractors, Inc. Blue Heron Petition No.: 07-003-R BEGINNING AT THE SOUTHEAST CORNER OF LOT 14 OF THE PLAT ENTITLED "A REPLAT OF LOTS 1 TO 14 INCLUSIVE OF THE SECOND ADDITION TO OKEECHOBEE ESTATES", AS RECORDED IN PLAT BOOK 3, PAGE 55 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE SOUTH 89003'43" EAST, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHEAST 9TH A VENUE; THENCE SOUTH 00011 '29" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 14.58 FEET; THENCE SOUTH 75056'00" WEST, A DISTANCE OF 472.15; THENCE SOUTH 05<>21'46" EAST, A DISTANCE OF 332.66 FEET; THENCE SOUTH 63000'48" EAST, A DISTANCE OF 307.38 FEET TO THE NORTHEAST CORNER OF LOT 36 OF THE PLAT ENTITLED "BLUE HERON GOLF AND COUNTRY CLUB, PHASE 1", AS RECORDED IN PLAT BOOK 6, PAGES 50 & 51 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE SOUTH 71011'55" WEST ALONG THE NORTHERLY LINE OS SAID LOT 36, A DISTANCE OF 170.23 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 36; THENCE SOUTH 66016'35" WEST, A DISTANCE OF 85.16 FEET TO THE NORTHWESTERLY CORNER OF LOT 1 OF THE SAID PLAT OF "BLUE HERON GOLF AND COUNTRY CLUB, PHASE ]"; THENCE SOUTH 27055'11" WEST, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 213.]5 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT I; (THE NEXT]2 COURSES RUN ALONG THE WATERS EDGE OF TAYLOR CREEK); THENCE NORTH 34058'02" WEST, A DISTANCE OF 295,54 FEET; THENCE NORTH 74041 '39" WEST, A DISTANCE OF 11.59 FEET, THENCE NORTH 43019'20" WEST, A DISTANCE OF 74,55 FEET, THENCE NORTH 41031'01" WEST, A DISTANCE OF 91.28 FEET; THENCE NORTH 620 06']2" WEST, A DISTANCE OF 185.53 FEET; THENCE NORTH 7]0 32'00" WEST, A DISTANCE OF 67.11 FEET; THENCE NORTH 580 ]7'23" WEST, A DISTANCE OF 65.40 FEET; THENCE NORTH 21048'02" WEST, A DISTANCE OF 41.11 FEET; THENCE NORTH 240 54'30" WEST, A DISTANCE OF 50.60 FEET; THENCE NORTH ]40 26'57" EAST, A DISTANCE OF 79,16 FEET; THENCE NORTH 170 01 '38" EAST, A DISTANCE OF 98,89 FEET; THENCE NORTH 1]053'20" WEST, A DISTANCE OF 59,8] FEET: THENCE LEAVING THE WATERS EDGE OF l' AYLOR CREEK. SOUTH 89037'36.' EAST, A DISTANCE OF 92,00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID NORTHEAST 9TH AVENUE, THENCE NORTH 00022'24" WEST ALONG THE SAID RIGHT-OF- WAY LINE A DISTANCE OF 55,00 FEET TO THE POINT OF BEGINNING, CONTAINING 8.4 ACRES, MORE OF LESS, BY CALCULATION OF THIS DESCRIPTION, Request: The applicant is requesting to rezone. a portion of the undeveloped land in Blue Heron and a portion of the golf course from RSF-l to RMF. North: Future Land Use Map Classification: Zoning District: RSF -1 Single-Family residences and undeveloped land East: FutyteLand Use Map Cla.ssification: Zoning District: Okeechobee County Okeechobee County Golf Course and single-family residences 2 Staff Report Rezoning Request Applicant: Southeast Engineers & Contractors, Inc. Blue Heron Petition No.: 07-003-R Zoning District: RSF -1 Summary: . Zoning District: Existing Land Use: RSF-1 The subject property consists of 19.1 acres. The lots are basically undeveloped as the property was previously used as a golf course and supporting structures such as a clubhouse. The site has a Future Land Use Map designation of Single-Family. However, to make the property consistent with the requested Future Land Use Category of Multi-Family, the applicant is requesting to rezone the property to RMF. The surrounding existing uses are predominantly single family. The request to rezone this property would be inconsistent with the current Future Land Use Category and allow development that would not have been planned for the existing single-family neighborhood. 1. The proposed use is not contrary to Comprehensive Plan requirements. Yes, the proposed use is contrary to the Comprehensive Plan requirements. The Multi-Family Future Land Use Category permits this type of development at a maximum destiny of lO units per acre as compared to an existing Single-Family Future Land Use designation at 4 units per acre. As such, the applicant would be allowed to develop the property with 191 units and that would be inconsistent with the Single-Family Future Land Use designation. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. The applicant is requesting to develop the property with a golf course, a clubhouse, 48 single family homes, 60 villas, and 84 condominiums. Section 90-l92(l), (3), and (7) allows single family dwellings, multi-family dwellings, and public facilities as a permitted use. It is authorized under the RMF District, but not the RSF1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest, The proposed use and zoning, if approved, would have a negative impact for the public interest ofthe City. 3 Staff Report Rezoning Request Applicant: Southeast Engineers & Contractors, Inc. Blue Heron Petition No.: 07-003-R 4, The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The subject property may not demonstrate adequate access to a functioning street and over urbanizes the existing land use patterns which would result in incompatibility with existing and adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use might negatively impact adjacent property values and discourage improvement to the neighborhood. 6. The proposed use can be suitably bzdfered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Buffering might be difficult to do since there are not many choices as to the positioning of the new units. 7, The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Given the size of the Development and the density that could be allowed, the impact on the public facilities will be much greater than planned. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The development being proposed for this site could create traffic congestion. Drainage issues have not been fully evaluated for this Zoning change. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. N/A 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare, This request, if granted, would reflect a grant of privilege versus being negative for the public. 4 Staff Report Rezoning Request Applicant: Southeast Engineers & Contractors, Inc. Blue Heron Petition No.: 07-003-R Based on the above information, the applicant's request is inconsistent with the Goals, Objectives and Policies in the Comprehensive Plan. Staff recommends denial of the request to allow rezoning from RSF -1 to RMF as the request is incompatible with the Single-Family Future Land Use designation. Submitted by: James G. LaRue, AlCP Planning Consultant March 5, 2007 5 City of Okeechobee Date: ~1/,;:;[ll-'1 Petition No, 01.. 00 :1. .St... ~ -/-'-)10/ General Services Department Fee Paid: ,.9.,'?!'l ,/0::-: Jurisdiction: 6:J A,' (/ . _"V ' 55 S.E. 3rd Avenue, Room 101 1st Hearing: 3/J 57 u .., 2nd Hearing: Okeechobee, Florida 34974-2903 I t Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: v' Property address / directions to property: Uniform Land Use Application Rezone. S ecial Exce tion. Variance v' Name of property owner(s): A Owner mailing address: P p L I Applicant mailing address: C A Name of contact person (state relationship): N T Contact person daytime phone(s): 7)~ Nor Indicate cunent use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state) Approximate number of acres ~ 5" Is properly in a platted subdivision? Is 1 hCIT J ClIl1\'lll III In Clll il'< l" I ['roren\ that I" \\ .1" <l \ !olJt Ion otcnUlll\ (lIe! Irlance') I f so_ describe P R o P E R T Y o Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: "'-J 0 ' Is a sale subject to this application being granted? 0 . Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: South: (11' Describe adjoining land uses / improvements to the North: West: Actions Requested: (~) Rezone (XJ Special Exception l-.J Variance Parcel Identification Number: v Confirmation of Information Accuracy 1 hereby certifY that the information in this application is conect_ The infornlation included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fine of up to $' 0.00 and imp onment of up to 30 days and may result in the summary denial of this application. fJ. " 1..Q III- IJ , Yh s.j r""", ~ Printed ame J d.,/-~ 6/6 7 . Date Unifonn Land Use Application (rev 1103) Page I of 2 Current zoning classification: Requested zoning classification: R What is your desired permitted use under the proposed classification: E Z LA o N If granted, will the new zone be contiguous with a like zone? E (\)(0 y~ S Variance? r00 , Is a Special Exception necessary for your intended use? S P E C I A L Describe the Special Exception sought: I Ie> S,e ) I y, S.e of CQY'S, Provide specific LDR ordinance citation: E X C E P T 1 l ~''''') I I' U' Are there other similar uses in the area? Ac. r055 " c> ; h-(' Is so, describe: uJt!5t- , Il-~t- a . c~ Y' 45eo1 f+nCJ1-J.-e r Why would granting your ,request J{e in, 1;he best in\~t of the area and residents? ,}' j;t l..U.tI L"of< l5etfer /h.'€n <q VqCf'n Lo '/. Ct''', hours, noise gcnUdIJ'>1l alld '1\ I~\ 111l'" Il' I'c' 11 hll"II,('C" lk<.lIlbe nature iIlcluclll1:' numbn or ll>nt!lILlt'.,: ,>uICI(;l' llt it hlllldill!c' vtS'eoA Sel/s CG\Y -f ("0 IY) (l) CJ .. 5~ (\.)0 q Describe Variance sought: - V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Michael and Angela Armstrong Owner's Statement of Consent to Application We, Michael and Angela Armstrong, being the record title owner's of the real property legally described as: Lots 1 - 4, inclusive, and Lots 11 - 13, inclusive, and the alley adjoining Lots 1,2 and 3, Block 57, and the West Y2 of that part of Tallahassee Street lying between the East boundary of Lots 1, 2 and 3, Block 57, and the West boundary of Lots 11, 12 and 13, Block 56 and the South 34 feet of that part of 14th Street extending from the East right-of-way line of North Parrott Avenue, or U.S. 441 Highway to the West boundary of the above described property, all in the City ofOkeechobee, according to the plat thereof recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a special exception to allow an outdoor vehicle sales lot including automoti epair ithin Heavy Commercial (CHV) zoning district. DLJ-/]-U7 ............ Jd~ J3 -()/ Date STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this 13 +~ day of ~ ~ Personally known to me)( or produced as identification and who did or did not take an oath. , 2001. ~X'~~~ Notary Public - ate of Florida l!i'kK../ Lynn Aaron ~...,.'~ VIKKI LYNN AARON .,. ~ '"' MY COMMISSION # DDO'2'71iI .,.~ Of v."'~ EXPIRES: June l6, 2Pl5 1~3-NOTARY Fl NoIaoy Service & IlcIr'*'g. Inc. Michael and Angela Armstrong Statement Addressing Land Use Requested Michael and Angela Armstrong currently own Lots 1 - 4, inclusive and Lots 11 - 13 inclusive, and the alley adjoining Lots 1,2 and 3, Block 57; and the West ~ of that part of Tallahassee Street lying between and the East boundary of Lots 1,2 and 3, Block 57, and the West boundary of Lots 11, 12 and 13, Block 56 and the South 34 feet ofthat part of 14th Street extending from the East right-of-way line of North Parrott Avenue, or U. S. 441 Highway to the West boundary of the above described property, all in the City of Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 700 block of North Parrott Avenue. The applicants wish to establish an automotive sales lots including automotive repair in association with the sales lot. In accordance with the City of Okeechobee Unified Land Development Code, a special exception will be required. The subject property is currently zoned Heavy Commercial and lies within the Commercial Corridor future land use classification. The requested special exception is consistent with the Okeechobee City Unified Land Development Code and the Comprehensive Plan. The proposed use is consistent with the established land use pattern and adjacent uses in the neighborhood. Michael and Angela Armstrong respectfully request that the City of Okeechobee Board of Adjustments grant the request for a special exception to allow an automotive sales lot and automotive repair in association with a sales lot in a Heavy Commercial zoning district. To whom it my concern. This to inform the board that Micheal & Angela Armstrong own City of Okeechobee Lots 1 to 4 Inc & Lots 11 to 13 inc & Alley Adjoining lots. This Special Exception is for lots 11, 12 and 13 only. ~ UKeecnooee county 1"ropeny Appraiser -lVlap rnmea on L.I L.VIL.VV 1 lL.:V.J :V~ rlV.l Okeechobee County Property Appraiser w,c, "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 I ~3 I 186 ---------~--~-- PARCEL: 3-15-37-35-0010-00570-0010 - REPAIR SER (002500) CITY OF OKEECHOBEE LOTS 1 TO 41NC & LOTS 11 TO 13 INC & ALLEY ADJOINING lOTS Name:ARMSTRONG MICHAEL & ANGELA LandVal Site: 712 N PARROTT AVE, Okeechobee B1dgVal . 902 SE 10TH STREET ApprVal Mall: OKEECHOBEE, FL 349740000 JustVal Sales 61611997 $67 ,000,00 1/ Q Assd Info 4/1/1989 $0.00 II U Exmpt 4/1/1989 $0.00 II U Taxable $214,892.00 $45,497.00 $265,365.00 $265,365,00 $162,041.00 $0.00 $162,041.00 rCl.gt:: I VI 1 I 2~ f't N W.E S This information, Last Updated: 2/1612007. was derived from dati which was compiled by the Okeechobee County Property Appraiser's Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not refJect the data currently on file in the Property Appraiser's office, The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GISlPrint _Map .asp?pjboiibchhjbnligcafccjiliojiaehdomhlo... 2/20/2007 Michael and Angela Armstrong Statement of Applicant's Interest in Property We, Michael and Angela Armstrong, are the record title owners of the following described property: Lots 1 - 4, inclusive and Lots 11 - 13 inclusive, and the alley adjoining Lots 1,2 and 3, Block 57; and the West ~ of that part of Tallahassee Street lying between the East boundary of Lots 1, 2 and 3, Block 57, and the West boundary of Lots 11, 12 and 13, Block 56 and the South 34 feet of that part of 14th Street extending from the East right-of- way line of North Parrott Avenue, or U. S. 441 Highway to the West boundary of the above described property, all in the City of Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records of Okeech e Co ty, Florida. I . )J.;~.2 If! A/M .I JJ A r::2.~, c2 OV / Date __J;-Qte/Vv.lhec .;1// 6200/ Date STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this 21st day of September, 2001. Personally appeared Michael and Angela Armstrong who are personally known to me and who did not take an oath. ~A~~I1~ Notary Public State of Florida ~'k/(/ Lyn VJ /taron ~~'~ VIKKI LYNN AARON .,.9 ~ MY COMMISSION II D~ "'1' /If f\' EXPIRES: June 26, :zoos 1-8CJO.3-NOTARY Fl Notsry ServIce & BoIr:Ing,Inc. yan;cl ,nUIIIl'III;:r; rJ.).;J,."'J-...,vI~J'- ......-.. Docuw . S . ... ~tJ~'PaJd In 11'. 1m000000lof W ARR.AN'l'Y nEED ~1~~~~~.(/~ . dale ~.oo D- '/69.00 This Indenture made this lJ~ay of June. 1997, BETWEEN JAMES O. ATTAWAY, Individually and as Trustee, under agreement dated November 4, 1976, of 205 us HWY 441. OKEECHOBEE, FL 34972 GRANTOR., and MICHAEL ARMSTRONG and ANGELA ARMSTRONG, his wife, of 6275 N.E. 8TIl WAY, OKEECHOBEE, FL 34972 GRANTEE., WITNESSETH, That said Grantor. for and in consideration of the sum ofTEN AND OOI100'S (510.00) Dollan and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted. bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Okecchobee, Stale of Florida. to-wit: Lots 1-4, inclusive and 11-13 inclusive, and the alley adjoining Lots I, 2 and 3, block 57; and the West 112 of that pan of Tallahassee Street lying between the East boundaIy of Lots 1,2 and 3~ Block 5}, and the West boundary of Lots 11, 12 and 13, Block 56 and the South 34 feet of that part of14th Street extending from the East right-<lf- way line of North Parrott Avenue, or U.S. 441 highway to the West boundary of the above described property, all in the City of Okeechobee. according to the plat thereOf recorded in Plat Book I, Page 10 and Plat Book S, Page 5. Public Records of Okeechobee County, Florida. Subjcctto reservations. restrictions and casements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. .Singular and plural are interclJangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal this day and year first above wrillCD. COUNTY OF OKEECHOBEB .' STATE OF FLORIDA The foreSlinc Instrumelll was acknowledged before me ibis ~'fJ- day or June. 1W7 by JAMES 0, ATTAWAY. Individually and as Trustee. who i.l-fpcrsonally known III me or ( )has produced as idenlitlca . and who ( )did ( )did 110I take an oalb. , Prepared By and Return To: JOHN D. CASSELS, SR.. ESQ, Caaels A McCaJ1 Poll 0ffIc0 Box 96S Ok~. Florida ~913 (1113) 161-31l1 FIle Numller: 97 -M8S KAlIN RAY NC1rAltY PUBUC In'A'IK Of FLORIDA oot.OO!lSION NCi tc47m1 FILED FOR RECORD OKEECHOaEE CO. FL. Michael and Angela Armstrong Legal Description Pertaining to Land Use Action Requested Lots 1 - 4, inclusive and Lots 11 - 13, inclusive, and the alley adjoining Lots 1,2 and 3, Block 57; and the West ~ of that part of Tallahassee Street lying between the East boundary of Lots 1, 2 and 3, Block 57, and the West boundary of Lots 11, 12 and 13, Block 56 and the South 34 feet of that part of 14th Street extending from the East right-of- way line of North Parrott Avenue, or U. S. 441 Highway to the West boundary of the above described property, all in the City of Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida N. H. CORNER r LOT" BLOCK 49 IPF 50' 1 ~ l.L ~ r- eo <ria: l.O ~ j-m_ ~~ .... 0 "" I"- , fT) In C> ~ DR I VE ~ a I C> "l "l F/C 0 00 RBS RBS NB9053'31'E 142.60'(FJ RBS 1 " l--- 1 N8g- 58' 40' E I u, 142, 50' ( Pl l N/T 30' RBS 1 0- LOT 11 l ~ BLOCK 57 1 ....... c, ..... 0 l "<;f ai 1 "<;f ... .. l >- ~ - - - AREA= . 479 ACRES' - -~ 1 ::t: l.L ~ l ~ 0 u) C, l"- I ..,,- - ,...: I :::i lu ,...: C- LOT 12 ... 2: ..,,- - - '-' - .... a BLOCK 57 1 = UJ lu -J UJ iD 1 ex: 01 :::J lu .... "" ... l 2: ... Lu f- c., ... 2: .... l ::.. lu 0 a '<:( (J a CJ 1 f- CJ - - - - - - - -00 en 1 f- a 1 ex: ex: l '<:( a: LOT 13 Q ~ BLOCK 57 l C, l 0 <ri l "" 1 142. 50' ( Pl I RBS 5B9059'13'E 143,07'(Fl R8F F/C .~ ~ LOT 14 EOOEDF ~ ~ BLOCK 57 S IOEHALK ;:; ~ W' CJ r:.,CJ .... . , fT) 0"" _fT) 1 a 50' CJ en RBF l:' CWWER fSCA LOT 20 BLOCK 57 - LELAND DYALS R. L. S. 2084 304 s. H. 3rd Ave. . Okeechobee, Fla. PHONE..... 763-4909 FAX.....763-26OO NO. Rn'ISIDNS DATE BY LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron PIpe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument N/T - NAIL AND TAB FOUND (Pl - As per the plat of (Fl - Field Measurement (OJ - As per the deed (Cl - Calculation NOTES: 1. Basis bearing THE CENTERLINE NORTH PARROTT AVENUE 2. Bea~/ngs per PLAT 3, Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per owner STREET ADDRESS: 712 NORTH PARROTT A VENUE CERTIFIED TO: ANGELA ARMSTRONG SURVEY OF: LOTS 11. 12. AND 13. BLOCK 5~ CITY OF OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK I, PAGE 10 AND PLAT BOOK 5. PAGE 5. PUBL I C RECORDS OF OKEECHOBEE COUNTY. FLOR IDA. LESS AND EXCEPT: THE WEST 30 FEET OF THE NORTH 6 FEET OF SA 10 LOT 11. BLOCK 57. CER TI FICA TE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER NY DIRECTION AND s~ g . LEL;;;~-RL'/-20B;'--------~ =40'1 SCALE: 1". 40' CONPUTED BY: ORAIIN BY: ~y JN7U!UJ LOCATION: l-U, 12,13, 8-67, CITY OF OKEECHOBEE SURVEY FOR: lit ANGELA ARMSTRONG SEAL F. B. /pg.: Co. 19/56 ..j- '.... 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning & Mana ement Services, Inc. Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Michael & AngelnAnnstrong Petition No.: 07-002-SE Staff Report Special Exception Request Applicant's Name: Michael & Angela Armstrong Petition No. 07-002-SE General Information: Owner Phone Number: Michael & Angela Armstrong Angela Armstrong 902 SE 10th Street Okeechobee, FL 34972 863-634-8708 Owner: Contact Person Owner Address: Legal Description of Subject Property: LOTS 11, 12, AND 13, BLOCK 57, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at 712 North Parrott Avenue. Background: The subject property is approximately 0.5 acre(s) on the comer of N Parrott A venue and NE 8th Street and is subject to this Special Use Exception petition, The applicant intends to develop the vacant parcel as a used car lot. The dwelling will have public utilities and the adjoining property users are as follows: North: East: South: West: Railroad Tracks Repair Shop Oil Change Shop Car Lot Consistency with Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. No, the use is not contrary to the Comprehensive Plan requirements. The proposed use as a used car sales lot is appropriate for an arterial roadway such as US 441. Page -1- Staff Report Special Exception Request Applicant's Name: Michael & Angela Armstrong Petition No. 07-002-SE B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90-283(18) of the Land Development Code includes an outdoor vehicle sales lot as a special exception use. C. The use will not have an adverse effect on the public interest. No, this use will not have an adverse effect of the public interest. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The proposed use should be compatible for the location. However, through the site plan review process, there must be particular attention given to parking, buffering and trash collection facilities being appropriately screened. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. If the proposed use demonstrates that it will have the required ingress/egress and landscaping at the site plan review phase. it will not adversely affect property values nor be a deterrent to the development of the sun-ounding area. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. This use must be properly landscaped and designed to avoid negative traffic impacts and unsightliness. Parking spaces for customers should be properly marked. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Density is not an issue in this case, H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The applicant will be required to properly design the site in order to prevent traffic congestion in terms of ingress/egress. Page -2- Staff Report Special Exception Request Applicant's Name: Michael & Angela Armstrong Petition No. 07-002-SE Recommendation: Move that Petition No. 07 -002-SE be approved with adequate provlSlons given for ingress/egress, available parking and landscaping. These conditions should be examined during the site plan review phase. Submitted by: James G. LaRue, AICP Planning Consultant March 5, 2007 Page -3- LARuE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 · FAX: 239-334-6384 MEMORANDUM DA TE: March 2, 2007 TO: Planning Board members FROM: Bill Brisson RE: Proposed PUD regulations At its meeting on February 6,2007, the City Council passed a Resolution enacting Zoning in Progress pertaining to development in the PUD zoning district. This resolution directed that no site plans for development within the PUD Zoning District will be accepted or reviewed by the City until new PUD regulations have been adopted. During the meeting, the City Council directed LaRue Planning & Management Services, Inc. to prepare new PUD regulations for discussion and consideration by the Planning Board at its March 15, 2007 meeting. In this regard, the following materials will provide you with a brief explanation of the back- ground behind, and rationale supporting, our proposed regulations, and an easy-to-read version of the proposed regulations. A legislative draft, in strike-out and underline format, will be provided to you prior to the meeting. Please review these materials. If you have any questions or comments, please call me and we can discuss your thoughts over the phone. This will allow me to be better prepared to address your concerns at the meeting. SARASOTA OFFICE: 2427 Porter Lake Dr, Unit 110, Sarasota, Florida 34240 Ph, (941) 378-1487 Fax (941) 342-0563 Cell (941) 228-1499-ne-mail: bill@larue-planning,com PLANNED UNIT DEVELOPMENT (PUD) DISCUSSION MATERIALS BACKGROUND There appears to be an interest among a number of property owners in developing some rather significant projects in the City. Some of these may eventually come forth as pro- posed Planned Unit Developments (PUDs). After reviewing the City's current PUD regulations, we believe they do not adequately safeguard the City's interest and promote improved development patterns. The purpose of a PUD is usually intended to provide greater flexibility of development and to promote innovation and creative design, and in so doing protect environmentally sensitive areas and/or provide enhanced levels of open space or amenities. While the City's current PUD provisions allow some flexibility, mainly by allowing the developer to calculate density on a project-wide basis, they do not necessarily ensure an improved living environment. Specifically, the present PUD regulations do not provide for open space or protect environ- mentally sensitive lands any better than the current traditional zoning district regulations. With the likelihood that the City may soon see applications to develop under its PUD pro- visions, the City Council agreed that now would be the time to update its PUD district regulations. The most pressing issue at this time would appear to be the need to create a comprehensive set of regulations for residential planned unit developments. This appears to be the area in which the most interest lies at the moment. It will likely be necessary to address mixed-use PUDs in the future. However, while Section 90-402 of City's Land Development Regula- tions (LDRs) implies that mixed use is allowed, nowhere in the City's Comprehensive Plan is there a policy that permits mixed use. For example, commercial uses are not permitted in the residential land use categories and vice versa. EXPLANA nON OF THE MAJOR CHANGES PROPOSED We are proposing to create an entirely new PUD district. This is the PUD-R district which allows only residential use, accessory uses and recreational, public and semipublic uses. The following briefly describes the various changes we are proposing to the current regula- tions. The new proposed regulations are shown beginning on page 3 of this memorandum. 1. The current regulations do not provide a clear statement of the purpose of the PUD. We have included such a statement for the Residential PUD district (PUD-R). 2. In addition to the 5-acre minimum size, we have added a requirement for at least lOO feet of frontage to ensure that there is adequate access to the property from a public roadway. 3. We have made it clear that density will only be calculated on privately owned property and excludes public rights-of-way that were not abandoned prior to the rezoning to PUD. 2 4. We have suggested adding a maximum building dimension, to avoid single buildings that are out of character or scale with the community. 5. There will be no individual minimum lot sizes or minimum yards for property within the PUD, but we have suggested a minimum separation of buildings. The proposed minimum separation is less than now currently required when multiple buildings are located on a single parcel. For example, in the RMF district, the minimum side yard is 20 feet, so when there are multiple structures on the same parcel they must be treated as if they were on separate parcels (see Sec. 90-450) which would mean each building would have a side yard of 20 feet. This means that the two buildings would be 40 feet apart. The proposed separation distance is one-half the average height of the two buildings. So, for 35-foot high buildings, for example, the separation would be 17.5 feet. However, no buildings will be allowed to be separated by less than l5 feet. 6. ln order to ensure that residential PUDs are not too crowded and provide for an adequate living environment in conformance with the intent of the PUD district, minimum open space requirements are proposed, with limitations as to how much of the required open space can be in the form of lakes or retention areas. Weare also suggesting that a certain amount of the required open space be usable open space. This means that the open space is of a size that can have a practical value to the occupants of the project, not just narrow strips of landscaping or grass, or just open water bodies. 7. Weare also suggesting that an improved recreation area be provided when the PUD includes portions of the development that are likely oriented towards families (based on the number of units with two or more bedrooms). 8. Finally, we have included a series of development review standards that can be used in evaluating the conceptual plan to determine if the initial request for a rezoning to the PUD- R district should be approved. We hope this brief explanation will be helpful to you in preparing for our meeting on March l5th. The actual proposed regulations for the PUD-R district follow: 3 Proposed Regulations Residential Planned Unit Development (PUD-R) District I, Defined: A parcel to be planned and developed as a single entity containing one or more types of residential dwelling units, Appropriate recreational, public and semipublic uses may be included if such uses are primarily for the benefit of the residential development. 2, Purpose and intent: The PUD-R district is established to encourage innovative creative designs; to ensure enhanced open space and/or amenities and an improved living environment; to protect environmentally sensitive areas; to promote high standards in the layout, design and construction; to ensure development of the site in a manner harmonious with surrounding areas and community facilities; and to provide for safe and efficient internal and external traffic circulation. ], Location: A PUD-R district is permissible only on tracts within areas designated on the Future Land Use Map in the comprehensive plan as sing]e-family or multi-family. 4. Permitted uses: a, Allowable uses in a PUD-R district located on lands designated single-family on the Future Land Use Map include detached single family dwellings, zero lot line single-family dwellings and mobile homes in a mobile home park, public facilities, and structures and uses accessory to the primary residential use. b. Allowable uses in a PUD-R district located on lands designated multi-family on the future land use map include detached single-family dwellings, zero lot line single family dwellings, mobile homes in a mobile home park, two-family and multi-family dwellings, adult family care or assisted living facilities, public facilities and structures and uses accessory to the pri- mary residential use, 5. Dimensional standards: The dimensional standards for the PUD-R zoning district shall be as follows: a. Minimum parcel size: Five contiguous acres under single ownership with at a minimum of frontage of 100 feet on a public street. Properties will be considered contiguous if they are separated only by public rights-of-way and no individual parcel is less than two acres in area, b. Maximum density: Maximum density allowable in the PUD-R zoning district shall be as follows: MAXIMUM GROSS DENSITY (I) Land Use Housing Conventional Affordable Designation Component Housing Housing (I) Single-family Single-family 4 d.u. per acre 5 d,u, per acre Mobile home 6 d.u. per acre 6 d.u. per acre (2) Multi-family All housing types 10 d,u. per acre I I d.u. per acre (I) Gross acreage in PUD (excluding public streets and rights-of-way existing prior to rezoning to the PUD-R district) divided by the total number of dwelling units, 4 c, Maximum height: No building, structure or part thereof shall exceed a total height 45 feet, except as approved by special exception. d. Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 150 feet for anyone building face. e, Minimum perimeter set back. No building or structure shall be located closer than 20 feet to any perimeter boundary ofthe PUD-R district. f. Minimum separation between buildings, Buildings shall be separated from each other by a distance equal to one-half the average of the total height of the buildings, but in no case shall the separation be less than 15 feet. g. Maximum lot coverage and impervious surface coverage: Maximum allowable lot coverage is 40% and the aggregate of lot coverage and impervious surface area shall not exceed 60% of the gross land area ofthe PUD-R district (excluding public streets and rights-of-way existing prior to rezoning to the PUD-R district). h, Minimum open space, An area equal to not less than 35% of the area of the PUD-R district shall be reserved for landscaping and open space. Not more than 50% of the area of water bodies located entirely within the PUD-R district may be counted towards the minimum open space requirement provided, however, that such areas may not comprise more than 50% (?) of the total open space requirement. I. Minimum usable open space, An area equal to not less than 7,5% of the land area ofthe PUD-R district shall be reserved for usable open space. (I) For the purposes of this requirement, land areas meeting the following criteria shall quality as usable open space: (a) common land areas, either landscaped or developed in active recreation, but not located within a residential structure, that have a minimum dimension of20 feet in length and width and that comprise a contiguous area of not less than 2,000 sq uare feet; and (b) ground level open patios or courtyards with a depth of not less than 15 feet and that are oriented towards individual dwelling units. (2) For the purposes of this requirement, areas meeting the following criteria do not quality as usable open space: (a) land areas with a slope of greater than 8-to-1; (b) spaces located between the ends of buildings which spaces are individually less than 2,000 square feet in area; (c) perimeter landscape buffers located between vehicular use areas and public rights-of-way or perimeter property lines; and (d) water bodies or dry retention areas. 5 J, Improved recreation areas required. Multi-family areas or developments of five acres or more in size, or containing 50 or more dwelling units, shall provide an improved recrea- tion/play area. Said recreation area shall have at lease 15 square feet of land area for each dwelling unit with two or more bedrooms. The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced, The improved recreation area shall be constructed in accordance with the U. S. Consumer Products Safety Commission guidelines. A development may use all or a portion of its usable open space to satisfy this requirement. This requirement shall not apply to multi-family developments, or portions thereof, that are restricted by deed, notation on the face of the plat, or other recorded instrument which, in the opinion ofthe city attorney, that limits occupancy within the development, or portion thereof, to adults. 6. General Development Review Standards: The following general standards shall be utilized in evaluating and establishing conditions for a PUD-R district and in reviewing conceptual and final site plans: a, Physical characteristics of the site. The property shall be suitable for development in the manner proposed without hazard to persons or property, on or off the site, Conditions of soil, groundwater level, drainage, and topography shall be appropriate to both type and pattern of use intended. b. Compatibility, PUD-R districts shall be located and designed so as to minimize the negative effects of external impacts resulting from factors such as traffic, noise, or I ights, Project control shall be accomplished through techniques such as buffering, site design, height limita- tions, and density or intensity limitations. c. Relationship to adjacent property, Developments in a PUD-R district shall include additional screening, buffering, transitional uses or other design features, as necessary, to adequately protect existing or probable uses of surrounding property. d, Access. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled access and turning movements and minimum hazards to vehicular and pedestrian safety, Vehicular access to streets or portions of streets from off-street parking and service areas shall be so combined, limited, located; designed and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes friction and excessive interruptions, and promotes vehicular and pedestrian safety, e. Streets, drives, parking and service areas, Streets, drives, parking and service areas shall provide safe and convenient access to all buildings and general facilities. f. Natural and historic features. Developments in a PUD-R district shall be designed to preserve natural features ofthe land and historic resources, such as existing trees, natural topography, and historic and archeological sites, as much as possible, g, Density. Density shall not exceed maximums established in the Comprehensive Plan and shall be established after consideration of criteria in the Comprehensive Plan, neighborhood compatibility and site design. 6 h, Height, Allowable height in developments in a PUD-R district shall be determined after review of the surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. I. Fences and screening. Fences or vegetative screening at the periphery of a development in a PUD-R district shall be provided to protect occupants from undesirable views, lighting, noise or other off-site influences, or to protect occupants of adjoining properties form similar adverse influences, J, Screening of trash and refuse containers, All central refuse, trash and garbage collections containers, or those serving multiple dwelling units, shall be screen be screened from sight or located in a such a manner so as not to be visible from any public area within or adjacent to the PUD-R district. 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND DEVELOPMENT REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT AND ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPENT (PUD-R) DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for planned unit development zoning districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that current PUD regulations do not adequately safeguard the City's interest and promote improved development patterns; and WHEREAS, the City of Okeechobee has determined that setting forth specific regulations for a comprehensive set of regulations for residential planned unit developments are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Sections 90-401, 90-402, 90-403, 90-404, 90-405, 90-406, and 90-407 - 90-440 of Ordinance No. 716 be amended as follows: DIVISION 12. MIXED-USE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT Sec. 90-401. Generally. (a) Provision is made for mixed-use planned unit development (PUD) zoning districts in which diverse residential, commercial, institutional or recreation uses may be brought together under a unified plan of development which is in the interest and general welfare of the public. (b) Mixed-use PUO zoning districts shall be permitted only on land designated as future land use category single f3mily or multiklmily residenti~1 ,mixed use in the comprehensive plan. (c) A conceptual site plan of the proposed development shall be submitted and approved prior to a change in zone eitAef to single family or ~ multifomily residential mixed use PUO zoning district, subject to the regulations of this division. (LOR) 1998, S 430) DRAFT for discussion purposes only, March 15, 2007 Page 1 of9 Sec. 90-402. Permitted uses. The following principal uses and structures are permitted in the mixed-use PUD district: (1) Attached and detached S.~ingle-family dwelling~. (2) Zero lot line sinQle-familv dwellinqs, {2.}(3) Two-family dwelling~. (4) Town homes, t3-}(5) Multiple-family dwelling~. {4H6) Adult family care homes or assisted living facilities, ta-}(7) Day care center, nursing home. {&}(8) Professional office, business office, medical office, {-7-}(9) Retail store, retail service, t&}(10) Restaurant. f9-H11) Personal service, dry cleaner, 4Q.}(12)Mechanical and repair services, f4-i.}( 13 )Auto service station, 42-)(14)Private club, nightclub. ~(15)Hotel, motel. (13)Mobile home park. (11 )Recre3tion31 vehicle p3rk. (16) Craft studio. (17) Business school. (18) Commercial indoor recreation. (19) Outdoor recreation, commercial outdoor recreation, golf course, (20) Marina, (21) Community center, (22) School. (23) House of worship. (24) Public facility or use. (25) Open space. (26) Public utility, (LDR 1998, S 431) Sec. 90-403. Special exception uses. Special exception uses in the mixed-use PUD district are permitted uses in excess of 45 feet in height. (LDR 1998, S 432) Sec. 90-404. Customary accessory uses. Each permitted principal use in the mixed-use PUD district is also permitted to have the customary accessory uses for that use, (LDR 1998, S 433) Sec. 90-405. Area, lot and structure requirements. Area, lot and structure requirements in the mixed-use PUD district are as follows: (1 ) Minimum PUD area. Minimum size of mixed-use planned unit development zoning district shall be: 5 acres DRAFT for discussion purposes only. March 15, 2007 Page 2 of 9 (2) Maximum .p.w;)overall density in a mixed use PUD district shall not exceed 7.5 dwellinq units oer qross acre. FoIIO'.':ing 3ro tho m3ximum densitios pormitted: Rosioont.bl Zening District Typo of HoblsiFl€} M{1xinwm Gross Donsity Singlo bmily PUD Conventional <1 dW811ing units per 3Cro Singlo f::lmily PUD /\fferdable housing pr-ograms €i dwelling units per 3Cro Single f::lmily PUD Mobile homo p3rk 6 dwelling units per acro Multif3mily PUD Convention31 all housing types 10 dwolling units par 3Cro Multif::lmily PUD Afford3blo progr3ms all housing types 11 d'N8l1ing units per 3cre Commorcial PUD Recro3tion vohicle p3rk 15 RV lots per acre (3) Minimum lot area. All uses: Area Width As appropriate to the use As appropriate to the use (4) Minimum yard requirements. PUO district yard minimum: All uses: Front Side Rear 20 feet on all property boundaries As appropriate to the use As appropriate to the use As appropriate to the use (5) Maximum lot coverage, Maximum Coverage Maximum Impervious Surface All uses 40 percent 60 percent (6) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted, (LOR 1998, 9434) Sec. 90-406. Additional regulations. Additional regulations which shall apply to all uses in the mixed-use PUO district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations, (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. (LOR 1998, 9435) Secs. 90-407 - 90-440420. Reserved. DRAFT for discussion purposes only. March 15, 2007 Page 3 of9 DIVISION 13. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT Sec. 90-421. Generallv. (a) Defined. A parcel to be planned and developed as a sinqle entity containinq one or more types of residential dwellinq units, Appropriate recreational, public and semipublic uses may be included if such uses are primarily for the benefit of the residential development. (b) Purpose and intent. The PUD-R district is established to: (1) Encouraqe innovative creative desiqns: (2) Ensure enhanced open space and/or amenities and an improved livinq environment; (3) Protect environmentally sensitive areas: (4) Promote hiqh standards in the layout. desiqn and construction: (5) Ensure development of the site in a manner harmonious with surroundinq areas and community facilities: and (6) Provide for safe and efficient internal and external traffic circulation, (c) Location. A PUD-R district is permissible only on tracts within areas desiqnated on the Future Land Use Map in the comprehensive plan as sinqle-family residential or multi-family residential. Sec. 90-422. Permitted uses. (1) Allowable uses in a PUD-R district located on lands desiqnated sinqle- family residential on the Future Land Use Map include: (a) Detached sinqle family dwellinqs, zero lot line sinqle-family dwellinqs, (b) Mobile homes in a mobile home park, (c) Public facilities. (2) Allowable uses in a PUD-R district located on lands desiqnated multifamily residential on the Future Land Use Map include: (a) Detached sinqle family dwellinqs. zero lot line sinqle family dwellinqs, (b) Mobile homes in a mobile home park. (c) Two-family dwellinqs. (d) Multiple-family dwellinqs. (e) Adult family care homes or assisted Iivinq facilities. (f) Public facilities. Sec. 90-423. Customary accessory uses, Each permitted principal use in the PUD-R district is also permitted to have accessory uses and structures that are customary and incidental to the primary residential use. Sec. 90-424. Area. lot and structure requirements, The dimensional standards for the PUD-R zoninq district shall be as follows: DRAFT for discussion purposes only. March 15, 2007 Page 4 of9 (1) Minimum parcel size: Five contiquous acres under sinqle ownership with a minimum frontaqe of 100 feet on a public street. Properties will be considered contiquous if they are separated only by public riqhts-of-way and no individual parcel is less than two acres in area, (2) Maximum densitv: Maximum density allowable in the PUD-R zoninq district shall be as follows: MAXIMUM GROSS DENSITY 1') Land Use Housinq Conventional Affordable Desiqnation Component Housinq Housinq ill Sinqle-family Sinale-familv 4 d.u. per acre 5 d,u, per acre Mobile home 6 d,u, per acre 6 d,u, per acre m Multi-family All housinq types 10 d.u, per acre 11 d,u, per acre Il) Gross acreaqe in PUD (excludinq public streets and riqhts-of-wav existinq prior to rezoninq to the PUD-R district) divided bv the total number of dwellinq units. (3) Maximum heiGht: No buildinq, structure or part thereof shall exceed a total heiqht of 45 feet, except as approved by special exception. (4) Maximum buildinG dimension. The maximum dimension of any structure or qroup of attached structures shall not exceed 150 feet for anyone buildinq face, (5) Minimum perimeter setback, No buildinq or structure shall be located closer than 20 feet to any perimeter boundary of the PUD-R district. (6) Minimum sefJaration between buildinGS. Buildinqs shall be separated from each other by a distance equal to one-half the averaqe of the total heiqht of the buildinqs, but in no case shall the separation be less than 15 feet. (7) Maximum lot coveraae and impervious sutface coveraae: Maximum allowable lot coveraqe is 40 percent and the aqqreqate of lot coveraqe and impervious surface area shall not exceed 60 percent of the qross land area of the PUD-R district (excludinq public streets and riqhts-of- way existinq prior to rezoninq to the PUD-R district), (8) Minimum open space. An area equal to not less than 35 percent of the area of the PUD-R district shall be reserved for landscapinq and open space, Not more than 50 percent of the area of water bodies located entirely within the PUD-R district may be counted towards the minimum open space requirement provided, however, that such areas may not comprise more than 50 percent of the total open space requirement. (9) Minimum usable open space. An area equal to not less than 7.5 percent of the land area of the PUD-R district shall be reserved for usable open space, a, For the purposes of this requirement. land areas meetinq the followinQ criteria shall Qualify as usable open space: i. common land areas, either landscaped or developed in active recreation, but not located within a residential structure, that have a minimum dimension of 20 feet in DRAFT for discussion purposes only. March 15, 2007 Page 5 of 9 lenqth and width and that comprise a contiquous area of not less than 2.000 square feet; and ii. qround level open patios or courtyards with a depth of not less than 15 feet and that are oriented towards individual dwellinq units. b. For the purposes of this requirement, areas meetinq the followinq criteria do not qualify as usable open space: i. land areas with a slope of qreater than 8-to-1; ii. spaces located between the ends of buildinqs which spaces are individually less than 2,000 square feet in area; iii. perimeter landscape buffers located between vehicular use areas and public riqhts-of-way or perimeter property lines; and iv. water bodies or dry retention areas. (10) Improved recreation areas required. a. Except as set forth in subsection (cl, multi-family areas of five acres or more or multi-family developments containinq 50 or more dwellinq units, shall provide an improved recreation/play area or areas that meet(s) the followinq standards: i. Said recreation area shall have at least 15 square feet of land area for each dwellinq unit with two or more bedrooms: ii. The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced; and iii. The improved recreation area shall be constructed in accordance with the U. S. Consumer Products Safety Commission quidelines. b. A development may use all or a portion of its usable open space to satisfy this requirement. c. Multi-family developments. or portions thereof, that are restricted by deed. notation on the face of the plat. or other recorded instrument which. in the opinion of the city attorney. limits occu- pancy within the development. or portion thereof. to adults, shall not be required to provide an improved recreation area. Sec. 90-425. General development review standards. The followinq qeneral standards shall be utilized in evaluatinq and establishing conditions for a PUD-R district and in reviewinq conceptual and final site plans: (1) Phvsical characteristics of the site. The property shall be suitable for development in the manner proposed without hazard to persons or property. on or off the site. Conditions of soil. qroundwater level. drainaqe. and topoqraphy shall be appropriate to both type and pattern of use intended. DRAFT for discussion purposes only. March 15, 2007 Page 6 of 9 (2) Compatibilitv. PUD-R districts shall be located and desiqned so as to minimize the neqative effects of external impacts resultina from factors such as traffic, noise, or Iiahts. Proiect control shall be accomplished throuqh techniques such as bufferinq, site desiqn. heiqht limitations. and density or intensity limitations. (3) Relationship to adiacent property, Developments in a PUD-R district shall include additional screeninq. bufferinq, transitional uses or other desiqn features. as necessary. to adequately protect existinq or probable uses of surroundinq property. (4) Access. Principal vehicular access points shall be desiqned to encouraqe smooth traffic flow with controlled access and turning movements and minimize hazards to vehicular and pedestrian safety Vehicular access to streets or portions of streets from off-street parkinq and service areas shall be so combined, limited, located. desiqned and controlled as to channel traffic from and to such areas conveniently, safely. and in a manner which minimizes friction and excessive interruptions, and promotes vehicular and pedestrian safety. (5) Streets. drives, parkinG and service areas. Streets. drives, parkinq and service areas shall provide safe and convenient access to all buildings and qeneral facilities. (6) Natural and historic features. Developments in a PUD-R district shall be desiqned to preserve natural features of the land and historic resources. such as existinq trees, natural topoqraphy, and historic and archeolOQical sites, as much as possible. (7) Density, Density shall not exceed maximums established in the Comprehensive Plan and shall be established after consideration of criteria in the Comprehensive Plan, neiqhborhood compatibility and site design. (8) HeiGht. Allowable heiaht in developments in a PUD-R district shall be determined after review of the surroundinq land uses to ensure that the proposed development will not create any external impacts that would adversely affect surroundina development. existina or proposed. 9 Fences and screenin . Fences or ve etative screen in at the eri her. of a development in a PUD-R district shall be provided to protect occupants from undesirable views, liahtinQ, noise or other off-site influences, or to protect occupants of adioininq properties from similar adverse influences. (10) ScreeninG of trash and refuse containers. All central refuse, trash and qarbaQe collection containers. or those servina multiple dwellinq units. shall be screened from siqht or located in a such a manner so as not to be visible from any public area within or adiacent to the PUD-R district. Sec. 90-426. Additional reaulations. Additional requlations which shall apply to all uses in the PUD-R district include. but are not limited to: DRAFT for discussion purposes only. March 15, 2007 Page 7 of 9 (1) Concurrency requlations. (2) Parkina and loadinq requlations. (3) Landscapinq requlations. (4) Siqn requlations. (5) Accessory use requlations. (6) Supplementary use requlations. (7) Environmental and stormwater reQulations. (8) Utilities reQulations. Sees. 90-427 - 90-440. Reserved. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provisions 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this _ day of ,2007. James E. Kirk. Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this _.2007. day of James E. Kirk, Mayor DRAFT for discussion purposes only. March 15, 2007 Page 8 of9 ATTEST: Lane Gamiotea. City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney DRAFT for discussion purposes only. March 15, 2007 Page 9of9