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2007-04-19 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS APRIL 19, 2007 SUMMARY OF BOARD ACTION AGENDA PAGE 1 OF 15 I. CALL TO ORDER - Chairperson. Planning Board/Board or Adjustment and Appeals April 19, 2007, 6:00 p.m. Chairperson Ledferd called to order the April 19, 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: 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 Present Absent (with consent) Present Present Present Present Present (moved to voting position) Present (entered Chambers at 6:02 p.m.) Present (Bill Brisson, representing LaRue Planning and Development) Present III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Vice Chair Hoover motioned to dispense with the reading and approve the Summary of Board Action for the March 15, 2007 Action for the March 15, 2007 regular meeting. Regular Meeting; seconded by Board Member Maxwell. LEDFERD - YEA BURROUGHS-YEA O'CONNOR - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. VOTE KELLER - ABSENT JUAREZ - NON-VOTING MCCOY -YEA MAXWELL - YEA APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 2 OF 15 ISCUSSION - VOTE IV. AGENDA - Chairperson. 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 -OOS-SSA The application is being submitted by Steve Dobbs, on behalf of property owner InSite Development Group. The application is to change the Future Land Use from Single Family (SF) to Multi-Family (MF) for vacant property located between Northwest Sth and 7th Avenues and Northwest 11th and 13th Streets. Legal description: all of Blocks 11, 12, 21 and 22, City of Okeechobee Subdivision, and is approximately 11.29 acre(s). This succeeds the 10 acre limitation as allowed for an area designated Rural Area of Critical Economic Concern. The proposed use is to construct a multi-family development - Planning Consultant. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -OOS-SSA submitted by Steve Dobbs, on behalf of property owner InSite Development Group. The application is requesting to change the Future Land Use designation from Single Family (SF) to Multi-Family (MF) for vacant property located between Northwest Sth and 7th Avenues and Northwest 11th and 13th Streets. Legal description: all of Blocks 11, 12,21 and 22, City of Okeechobee Subdivision, and is approximately 11.29 acre(s). This succeeds the 10 acre limitation to be considered as a small scale. However, this is allowed as Okeechobee has been designated as a Rural Area of Critical Economic Concern. The proposed use is to construct a multi-family development. Mr. Brisson, City Planning Consultant, presented the Planning Staff Report Findings. The Applicant has submitted plans to the City for the development of the property, therefore some findings will be based on facts submitted with the site plan review application. Initial concerns with the application are as follows: 1. Property address/directions to the property. The application should correctly identify the properties involved. 2. Parcel Identification Numbers: (Exhibit A) duplicates parcel identification numbers. For example, 3-1S-37-3S-001 0-0021 0-0060 is listed twice, in line three and at the end of line four. 3. Current Zoning Designation. The Zoning Map indicates Blocks 11, 12,21, and 22 as all being zoned RSF-1, the Applicant listed the zoning is MF and SF. 4. Required Attachments. The survey submitted with the application is for Blocks 13 and 20, which are not part of this Small Scale Amendment application. A survey needs to be provided for the area encompassed by Blocks 11, 12, 21 and 22. Analysis. A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi-Family. As prescribed by the Comprehensive Plan, specifically Policy 2.1 (b), permitted uses in the Multi-family Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Thus, using the maximum density and the minimum lot requirements in the Land Development Code, the Applicant could develop these Blocks with approximately 113 units. Based on the application, the proposed use of multi-family development is consistent with the Multi-Family Residential Future Land Use category as described in the Comprehensive Plan. Multi-family dwelling units are the predominant land use in areas within this category. V. PUBLIC HEARING CONTINUED. AGENDA APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 3 OF 15 ACTION - USSION . VOTE A. Comprehensive Plan Small Scale Future Land Use Map Amendment However, it is less clear that all of the Comprehensive Plan Policies are being met with this request. This is shown later in Application No. 07-00S-SSA continued. such areas as Infrastructure Level of Service (Roads) and Parks and Open Space. B. Concurrency of Adequate Public Facilities. According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 30S additional residents (2.7 pph x 113 diu). Roadways. The City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. The Applicant has just presently submitted a revised traffic analysis and this analysis needs to be reviewed prior to any recommendation is made concerning possible degradation of Transportation LOS. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows:113 units x 2.7 pph x 114 gpcpd = 34,781 gpd. Sanitary Sewer. The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 130 gpcpd = 39,663 gpd. Solid Waste. The adopted LOSS for solid waste is 13 Ibs/person/day. The impacts for the proposed development is as follows: 113 units x 2.7 pph x 13 Ibs/person/day = 3,966 ppd. The Applicant has stated that representatives of the County Solid Waste Facility provided confirmation that the landfill had a life of SO years. But, the Applicant's analysis uses the adopted LOSS from Okeechobee County not the City's LOSS. This analysis should be completed and a letter from Waste Management or the County should be provided to the City confirming the landfills ability to serve the proposed development. Drainage. The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Parks & Recreation. The adopted level of service standard (LOSS) for parks and recreation is 3 acres/1,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The Applicant has stated that this would be met by on-site facilities and provision of fair share contribution. AGENDA II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 4 OF 15 ACTION - DISCUSSION -VOTE I V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment However, upon review of the Applicant's proposed site plan, no such facilities have been provided. There has also been Application No. 07 -OOS-SSA continued. no mention of a fair -share contribution by the Applicant. Also, the estimate of 130 dwelling units is in conflict with the maximum of 113 dwelling units allowed under this submittal. C. Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts on the surrounding property as nearby properties are Multi-Family to the South and the East. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Land Use Map to Multi-Family Residential. This proposed multi-family development would be consistent with the uses allowed by the Multi-Family Residential category. Conclusion: The existing Comprehensive Plan Goals, Objectives, and Policies will support Residential Multi-Family uses at this location whether proper infrastructure planning is concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy impact analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: 1. Traffic Analysis: While the traffic analysis has just been resubmitted, it must be reviewed to ascertain whether prior Staff Transportation comments have been addressed. The overall analysis addressed twenty-five acres and 250 dwelling units, the analysis must be able to distinguish how this proposed change flows with the prior Future Land Use change and future development to the East. 2. Pertaining to the Conservation Element, the Applicant states that the conversion to a Multi-Family Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the later "Analysis of primary indicators" section of the application, the Applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The Applicant further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The Applicant has already submitted preliminary development plans for the first phase involving Blocks 4, 13 and 20 of its project, which plans also included the development layout for the property involved in the application (Blocks 11, 12, 21 and 22). The Applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refer to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designed only to maximize density on the properties. 3. Recreation Element: The Applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the Applicant does state that, 'The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on-site facilities", V. PUBLIC HEARING CONTINUED. A. AGENDA Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-005-SSA continued. II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 5 OF 15 ACTION- DISCUSSION - VOTE I However, preliminary site plans for the project, including both Phase I and Phase II show no on-site recreational facilities. In a subsequent section of the submittal under the heading 'Parks and Recreation' the Applicant notes that 'The project will be designed to provide residents with a variety of recreational facilities and open space to ensure the community's quality of life". So far, no plans submitted by the Applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation and open space. The Applicant further states that this park and open space mandate will be met through on-site facilities and provisions of fair-share contribution. No such facilities have been shown on the most recently submitted plans and there has been no mention of a fair-share contribution by the Applicant. The estimate of 130 units is also inconsistent with the number of units cited in the section entitled 'Maximum Allowable Development', which indicates a possible maximum of just 113 units. 4. Pertaining to the Applicant's section 'Discouraging Urban Sprawl': Applicant's response to primary indicators of Urban Sprawl #13: The proposed change will not result in the loss of significant amounts of functional open space, 'With the conversion to a Multi-Family Residential Future Land Use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others". The most recent plans submitted by the Applicant show no evidence or provision of on-site recreational facilities. Chair Ledferd inquired whether anyone from LaRue Planning talked with the developer regarding moving the application to a future meeting to address the areas of omission and concern? They had not. After some discussion, Mr. Dobbs was asked to postpone the application until all requirements are met. He agreed. Chair Ledferd asked whether anyone from the public had any comments? There were none. Board Member O'Connor moved to postpone Comprehensive Plan Map Amendment No. 07-005-SSA until the May 17, 2007 regular Planning Board meeting or until the appropriate documentation/reports have been received by the City and Planning Staff; seconded by Vice Chair Hoover. AGENDA II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 6 OF 15 ACTION - DISCUSSION - VOTE I V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-00S-SSA continued. LEDFERD-YEA BURROUGHS-YEA O'CONNOR - YEA VOTE KELLER - ABSENT JUAREZ - NON-VOTING MCCOY -YEA MAXWELL - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 Application will not be forwarded to the May 1, 2007 City Council. meeting as there was no recommendation. before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-006-SSA submitted by Amendment Application No. 07-006-SSA. The application is being Muhammad Nooruddin on behalf of property owner, A.M.S.A. Holdings, LLC. The application is requesting to change the submitted by Muhammad Nooruddin on behalf of property owner Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 608 Northeast 2nd Avenue. A.M.S.A. Holdings, LLC. The application is to change the Future Land Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision and is approximately 0.64 acre(s). The Use from Single Family (SF) to Commercial (C) for property located at proposed use is to remodel the existing residence for a medical office. 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision and is approximately 0.64 acre(s). Mr. Brisson presented the Planning Staff Report findings. The property is developed with a vacant single family residence The proposed use is to remodel the existing residence for a medical office that the applicant is proposing to convert into a home health office. - Planning Consultant. Analysis: A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities. The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibiiity with Adjacent and Nearby Land Uses. The requested Future Land Use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood has been slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. When approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Conclusion: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. LaRue Planing Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. AGENDA II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 7 OF 15 ACTION - DISCUSSION - VOTE I V. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Chair Ledferd asked Mr. Nooruddin whether he wished to address the Board. Mr. Nooruddin expressed a desire to change Amendment Application No. 07-006-SSA continued. the application to remodel the house for the office and construct an assisted living facility. Attorney Cook advised Mr. Nooruddin that there is a waiting time period for submitting land use applications on the same property. Chair Ledferd asked whether there were any comments from the public? There were none. Board Member Maxwell moved to postpone a recommendation on Comprehensive Plan Map Amendment Application No. 07-006-SSA until the May 17, 2007 regular Planning Board meeting to give the applicant time to decide which direction he would like to move in; seconded by Board Member Burroughs. LEDFERD-YEA BURROUGHS-YEA O'CONNOR - YEA VOTE KELLER-ABSENT JUAREZ - NON-VOTING MCCOY -YEA MAXWELL - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 Application will not be forwarded to the May 1,2007 City Council. meeting as there was no recommendation. before City Council. C. Consider Comprehensive Plan Small Scale Future Land Use Map Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA, submitted by Amendment Application No. 07-007-SSA. The application is being Gianinna Mitchell, on behalf of property owner, Jesus Silvas. The application is to change the Future Land Use from Single submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas. Family (SF) to Commercial (C) for property located at 1001 Southwest 3rd Avenue. Legal description: Lots 7 and 8 of Block The application is to change the Future Land Use from Single Family (SF) 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed use is to remodel the existing to Commercial (C) for property located at 1001 Southwest 3rd Avenue. residence for a profeSsional business office. Legal description: Lots 7 and 8 of Block 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed u~e is to ... Mr. Brisson presented the Planning Staff Report findings. The subject property is located in the Southwest quadrant of the remodel the existing residence for a professional bUSiness office - City. The property is developed with a 1-story wood frame house. The applicant would like to convert this residence into an Planning Consultant office which will be used by a contractor. The zoning for the subject property is RSF-1 which is consistent with the current Future Land Use classification and the existing use of the property. The surrounding area is a single family neighborhood and a commercial office would be out of place. V. PUBLIC HEARING CONTINUED. C. AGENDA Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA continued. II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 8 OF 15 ACTION - DISCUSSION - VOTE I Analysis: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. The proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities. When approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses. The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and Southwest 2nd Avenue). Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. Conclusion: LaRue Planning Staff does not recommend approval of the applicant's request to amend the Future Land Use Map to Commercial because the proposed amendment is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. Chair Ledferd requested the applicant address the Board. Mrs. Gianinna Mitchell stated that her request was to have a construction office. The Board expressed a concern of keeping the commercial sector to the first two blocks along Parrot Avenue and this would be encroaching with the residential area. Attorney Cook asked whether this could be a home occupation? The reply was that there could be no employees. Chair Ledferd noted there could potentially be traffic issues. Chair Ledferd asked whether there were any comments from the public? There were none. Board Member O'Connor moved to find Comprehensive Plan Map Amendment Application No. 07-007-SSA submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 1001 Southwest 3rd Avenue, inconsistent with the Comprehensive Plan, and recommends denial to City Council; seconded by Board Member Burroughs. AGENDA V. PUBLIC HEARING CONTINUED. C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. D. Consider Rezoning Petition No. 07-004-R. The petition is being submitted by Muhammad Nooruddin on behalf of owner A.M.S.A. Holdings, LLC. The petition is to change the zoning designation from Residential Single Family-One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07-006-SSA - Planning Consultant. APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 9 OF 15 SION..VOTE LEDFERD - YEA BURROUGHS-YEA O'CONNOR - YEA VOTE KELLER - ABSENT JUAREZ - NON-VOTING MCCOY -YEA MAXWELL - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on May 1,2007 before City Council. Rezoning Petition No. 07-004-R, is submitted by Muhammad Nooruddin, on behalf, of owner A.M.S.A. Holdings, LLC. The petition is to change the zoning designation from Residential Single Family-One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07 -006-SSA. Mr. Brisson presented the Planning Staff Report findings. The applicant is proposing to rezone the property to CPO to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Analysis: 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO would be most compatible with this specific neighborhood as there are already properties on this Block with the same zoning and being used in a similar way. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code 3. The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest. 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 CPO zoning and the proposed use as a home health office as requested by the applicant is appropriate for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacentpropeny. [ AGENDA V. PUBLIC HEARING CONTINUED. D. Consider Rezoning Petition No. 07 -004-R continued. Application will be forwarded in ordinance form for a final Public Hearing on May 15, 2007 before City Council. It APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 10 OF 15 ACTION - DISCUSSION - VOTE I The proposed rezoning to CPO will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The office use can be suitably buffered from surrounding uses when necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed zoning change to CPO will not be granting a special privilege to the owner. Conclusion and Recommendation: The applicant's request to CPO zoning will be consistent with the City's Comprehensive Plan when the Small Scale Amendment is approved as Commercial. LaRue Planning Staff recommends approval of the request to allow rezoning from RSF to CPO permitting the applicant to convert the existing use from a single family residence to a home health office. Chair Ledferd asked if there were any comments from the public? There were none. Based on the disposition of Application No. 07 -006-SSA being submitted and postponed, Board Member Mawxell made a motion to postpone Petition No. 07-004-R until the May 17, 2007 meeting; seconded by Board Member McCoy. LEDFERD-YEA BURROUGHS-YEA O'CONNOR - YEA VOTE KELLER - ABSENT JUAREZ - NON-VOTING MCCOY -YEA MAXWELL - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. Application will not be forwarded to the May 15, 2007 City Council. meeting as there was no recommendation. AGENDA QUASI-JUDICIAL E. Consider Special Exception No. 07 -003-SE to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujan. The subject property is located at 906 South Parrott Avenue. Legal description: Lots 3 through 5 of Block 6, South Okeechobee Subdivision - Planning Consultant. /I APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 11 OF 15 ACTION - DISCUSSION - VOTE I Special Exception No. 07-003-SE to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90- 283(2)) was submitted by property owners, Ivan and Zoraida Lujan. The subject property is located at 906 South Parrott Avenue. Legal description: Lots 3 through 5 of Block 6, South Okeechobee Subdivision. Mr. Brisson presented the findings for the LaRue Planing Staff Report: 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. As stated earlier, the property has been used as a car wash for the past 19 years. But, the applicant discovered that the previous owner had never applied for a special exception for the property. As such, to make the property compliant with the City's Land Development Regulations the applicant submitted this request. B. The use is specifically authorized as a special exception use in the zoning district. The subject property is within the CHV Zoning District and a car wash is allowed by special exception under Section 90-283(2). C. The use will not have an adverse effect on the public interest.. Because this is an existing use that will be continued, it will not have an adverse effect on 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. Yes, this use is appropriate for the location and is compatible with the surrounding uses. The car wash is not detrimental to urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Because the property is already being used as a car wash, it may not be necessary to require the screening. However, the landscaping is not sufficient for the use it may be required to be property landscaped and designed to avoid negative traffic impacts and unsightliness. 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. Traffic should not pose a problem and it is reasonable to assume that flooding or drainage concerns were handled during the site plan review phase for this site. Recommendation: LaRue Planning Staff move that Petition No.07-003-SE be approved based on the findings contained in the Planning Consultant's report dated April 11 , 2007. Chair Ledferd asked whether anyone was present representing the applicant? Ms. Gail Brown addressed the Board, explained that the applicant was seeking a Special Exception due to the sale of the property. AGENDA QUASI-JUDICIAL E. Consider Special Exception No. 07 -003-SE continued. CLOSE PUBLIC HEARING VI. NEW BUSINESS. 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 (ref. Code Book Sec. 90-401) - Planning Consultant II APRIL 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND ApPEALS - PAGE 12 OF 15 ACTlON-.DISeUSSIQN-.VOTE I Chair Ledferd then inquired whether the Board or the public had any questions? There were none. Board Member Johns moved to approve Special Exception Petition No. 07-003-SE to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujant for property located at 906 South Parrott Avenue with the condition the landscaping be improved; seconded by Board Member O'Connor. LEDFERD-YEA BURROUGHS-YEA O'CONNOR - YEA VOTE KELLER - ABSENT JUAREZ - NON-VOTING MCCOY -YEA MAXWELL - YEA HOOVER-YEA JOHNS-YEA MOTION CARRIED. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:13 P.M. Chair Ledferd asked whether anyone had any new requests for amendments to the LDR's? There were none. Mr. Brisson presented new points for the memorandum that was distributed at the April 3, 2007 workshop regarding changes to the Planned Unit Development (PUD) regulations. He went on to say that his goal tonight was to listen to what the Planning Board would like to add to the PUD regulations. First he reviewed each pOint and referenced them by page and item number. The changes to the ordinance as prepared are as follows: Page one, Sec. 90-401 (b) Mixed-use PUD, shall be permitted only on land designated as mixed-use residential in the comprehensive plan. (c) Should read: A conceptual site plan of the proposed development shall be submitted and approved prior to a change to the mixed-use PUD zoning district. Adding (d) in addition to the requirements and limitations of these sections, 90- 401 through 90- 406 a mixed-use PUD shall comply with all limitations and standards set forth in policy 2.1 of the Future Land Use Element of the Comprehensive Plan. This is a temporary situation for the mixed-use PUD zoning. Initially the Planning Staff was only trying to prepare a PUD for the residential, but while doing so the two should be separated. Vice Chair Hoover inquired as to what the ordinance was referencing? AGENDA " APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 13 OF 15 ACTION - DISCUSSION - VOTE I VI. NEW BUSINESS. B. Consider and discuss proposed Planned Unit Development (PUD) Mr. Brisson stated that it is different criteria than in the Comprehensive Plan Amendment, Policy 2.1 of the Future Land Use regulations (ref. Code Book Sec. 90-401) continued. Element. One example is development in this category will be required to cluster in order to maximize open space and natural spaces ans shall include single family and multi-family site acreage. Residential shall not be less than 45 percent of the mix and the commercial shall not exceed 15 percent. The percentages are in the Comprehensive Plan, but at the time the Planning Staff was preparing this, they had not been adopted. There are other uses that are allowed in the category besides residential, commercial being one. He reported that he was concerned about not incorporating all facets of the categories that would be allowed in the mixed-use. Board Member Maxwell interjected that we need to get some mixed-use zoning into the Comprehensive Plan in order for this to be applicable. Mr. Brisson agreed, he also reported that it is in the Comprehensive Plan but not the land use. When it is in the land use you will have it to refer to in the Ordinance. Otherwise people may not look at it and think they can do the old mixed-use land use. It is a stop gap measure to make sure that the Comprehensive Plan is referred to when applying for the Mixed-Use PUD. Vice Chair Hoover asked, when referring to mixed-use residential versus mixed-use, are those not two different categories? Mr. Brisson answered yes, but referred to the Comprehensive Plan stating that the mixed use residential as incorporating other uses that are non-residential. Board Member Maxwell asked would a mixed-use normally include residential? Mr. Brisson answered yes. All forms of the elements are sited in the Comprehensive Plan. Paragraph (b) should not refer to residential at all. If there is residential in any part of 90-401 (b)it should be stricken. It is just a mixed-use PUD. No reference to residential. Mr. Brisson went on to refer to page four. Residential Planned Unit Development (PUD-R) District, 90-421 (b)2)) will add enhanced common open space and/or amenities and an improved living environment. There really should be a common open space, that is the whole idea behind the PUD. That does not mean that your yard area cannot count as your open space, but they should not comprise all of it. Also added was (d) to require a conceptual site plan of the proposed development shall be submitted at time of application and approved prior to a change in zoning to the PUD-R zoning district. On page six Sec., 90-423 (e) change width to dimension, to read ''The minimum open space dimension must be 10 feet." Length or width, in other words, no dimension should be less than 10 feet. In next section (9(a)) line five 6,250 square feet, add "1,250 square feet for duplexes" in essence the same density. Also density greater than seven units per acre should be five units per acre. AGENDA II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 14 OF 15 ACTION - DISCUSSION - VOTE I VI. NEW BUSINESS. B. Consider and discuss proposed Planned Unit Development (PUD) The reason for that is a 6,250 square foot lot is about seven units per acre, but when developing, there are streets and cul- regulations (ref. Code Book Sec. 90-401) continued. de-sacs, in reality what you end up with is five units per gross acre when you add in drainage and possible roadways. Essentially what the Planning Staff is saying is that the City should be providing some small improved recreation area. Mr. Brisson went on to add we used a zero lot line subdivision as an example of how to assess the impact of the new PUD regulations. The purpose was to show how those regulations did not really create a situation which would significantly lower the number of units than what you could get if you did the development in the standard zoning. It was to show that they are less flexible. The PUD should always enhance the land. Some would prefer the PUD to be very flexible. The problem with this is, agreement with the developers. Vice Chair Hoover mentioned that most of the PUDs' she has investigated leave open space for negotiation. Mr. Brisson responded that he preferred not not battle over subjective opinions. Board Member O'Connor asked where the Planning Staff came up with the 15 feet between buildings? Mr. Brisson answered less than 15 feet would not allow for light and air. Mr. Wally Sangar addressed the Board stating that on a zero lot line you are give easement to maintain your building. Mr. Cardenas from Royal Concrete Concepts explained with a drawing about zero lot line. He said there is a two foot easement from neighboring property to maintain the side of your house. The shortest distance between houses that Mr. Brisson wants to see is 12 feet. Mr. Cardenas said he would like to see 10 feet between buildings, allowing for a small recreation area. Mr. Sangar suggested 12 feet between buildings. Mr. Brisson said he had no problem with 12 feet. Board Member Burroughs stated that we could always increase it. Mr. Brisson was asked about the overhang of the roof in relationship to the space between buildings. The space is calculated stucco to stucco. Board Member O'Connor suggested that open space be flexible for retired occupancy versus family occupancy. Board Member Maxwell suggested that the conceptual site plan also include elevation drawings. Mr. Cardenas remarked that page eight (c) is limited to design. Board Member Maxwell added that we are a rural community, and we need to develop what we can live with. Mr. Bill Bartlett suggested that the City needs to know what growth is needed and base the PUD on that information. Mr. Jeff Sumner of LBFH Engineering expressed a desire to eliminate the separation between buildings. Mr. Brisson responded he did not like the idea of not have any open space between buildings. AGENDA VI. NEW BUSINESS. II APRIL 19, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 15 OF 15 ACTION- DISCUSSION - VOTE I B. Consider and discuss proposed Planned Unit Development (PUD) Board Member Maxwell inquired about landscaping. Mr. Brisson replied that the weakness in the PUD is parking and regulations (ref. Code Book Sec. 90-401) continued. buffering. He stated that he would not like to get involved with specific landscaping for the PUD at this time, it should be addressed in the landscaping section of the LDR's. VII. ADJOURNMENT - Chairperson 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 testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: William Ledferd, Chairperson Betty J. Clement, Secretary Mr. Brisson finalized his presentation with a request for Board members to send him their ideas and he review them for incorporation into the current proposed PUD regulations. Mr. Maxwell said that he wanted clarification on line of review. Mr. Sumner requested that the requirements for the PUD be on the application. Board Member O'Connor re-iterated his comments for smart growth. The key is to keep it as simple as we can. We are the stewards of the City, we need to help not restrict. Board Member Maxwell again noted his difference of opinion and that the City needs specifics. Mr. Brisson stated that he felt with instruction and discussion from this meeting and the comments he will be receiving from the Board that he could have a workable ordinance for the Board to recommend to the City Council at the May 17 meeting. Chair Ledferd asked whether there were any remaining questions from the Board or public. There were none. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:35 p.m. ....:fi;ej'1I1"cd/. /~~I<-tf:'~. tl'c!t~i~/)J[( Y;.'/[4 <a';f/CiUuLe--l' ~'!4 )fUlI6?- /},{e,,','f'.all J11,"/ ,'i.Jdd~_ItL;r~~'i"t ?'!<<<-)llID .f~~ Ii '.) v If{- ~ PAGE -1- CITY OF OKEECHOBEE - April 19, 2007 . PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER. Chairperson: April 19, 2007, Planning Board/Board of Adiustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Chairperson Ledferd Vice Chairperson Hoover Board Member Maxwell Board Member McCoy Board Member Burroughs Board Member Keller Absent ~~t<' ) Board Member Johns Alternate Juarez ~:Ol... Alternate O'Connor Attorney Cook Planner LaRue Secretary Clement x X 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 March 15, 2007, regular meeting. ******************************************************************************************************************************************** Board Member~~",,- moved to dispense with the reading and approve the Summary of Board Action for the March 15, 2007 regular meeting; seconded by Board Member ********************************************************************************* ********************************************************* VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR ,). . MOTION: (!cVvWcL. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. No f\)E- V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT f.o.~ t~O P.M. PAGE -2- A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-005.SSA The application is being submitted by Steve Dobbs, on behalf of property owner InSite Development Group. The application is to change the Future Land Use from Single Family (SF) to Multi.Family (MF) for vacant property located between Northwest 5th and 7th Avenues and Northwest 11th and 13th Streets. Legal description: all of Blocks 11, 12,21 and 22, City of Okeechobee Subdivision, and is approximately 11.29 acre(s). This succeeds the 10 acre limitation as allowed for an area designated Rural Area of Critical Economic Concern. The proposed use is to construct a multi. family development - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. Summary The Applicant is proposing to amend the Future Land Use Map to allow multi-family uses on the subject property. Block 21 has four (4) lots which are developed with single family residences but the rest of the property (Blocks 11, 12, and 22) is vacant. The Applicant has submitted plans to the City for the development of the property, so some information within this Report will be based on facts submitted with the site plan review application. Some initial concerns with the application are as follows: 1. Property address/directions to the property: The application should correctly identify the properties involved. 2. Parcel Identification Numbers: Exhibit A duplicates parcel identification numbers. For example, 3-15-37-35-0010-00210-0060 is listed twice, in line three and at the end of line four. 3. Current Zoning Designation: The Zoning Map shows Blocks 11, 12, 21, and 22 as all being zoned RSF-1 but the Applicant states the zoning is MF and SF. 4. Required Attachments (page 2 of 2 of the application): The survey submitted with the application is for Blocks 13 and 20, which are not part of this Small Scale Amendment application. A survey needs to be provided for the area encompassed by Blocks 11, 12, 21 and 22. LaRue Planning Staff would suggest that the Applicant modify the application and submit it to the City with the above corrections and required information. Analysis A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi-Family. As prescribed by the Comprehensive Plan, specifically Policy 2.1 (b), permitted uses in the Multi-family Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Thus, using the maximum density and the minimum lot requirements in the Land Development Code, the Applicant could develop these Blocks with approximately 113 units. Based on the application, the proposed use of multi-family development is consistent with the Multi-Family Residential Future Land Use category as described in the Comprehensive Plan. Multi-family dwelling units are the predominant land use in areas within this category. However, it is less clear that all of the Comprehensive Plan Policies are being met with this request. This is shown later in such areas as Infrastructure Level of Service (Roads) and Parks and Open Space. B. Concurrency of Adequate Public Facilities. According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 305 additional residents (2.7 pph x 113 diu). Roadways. The City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. The Applicant has just presently submitted a revised traffic analysis and this analysis needs to be reviewed prior to any recommendation is made concerning possible degradation of Transportation LOS. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows:113 units x 2.7 pph x 114 gpcpd = 34,781 gpd Sanitary Sewer. The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 130 gpcpd = 39,663 gpd Solid Waste. The adopted LOSS for solid waste is 13Ibs/person/day. The impacts for the proposed development is as follows: 113 units x 2.7 pph x 13 Ibs/person/day = 3,966 ppd The Applicant has stated that representatives of the County Solid Waste Facility did provide confirmation that the landfill had a life of 50 years. But, the Applicant's analysis uses the adopted LOSS from Okeechobee County not the City's LOSS. This analysis should be completed and a letter from Waste Management or the County should be provided to the City confirming the landfills ability to serve the proposed development. PAGE -3- Drainage. The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Parks & Recreation. The adopted LOSS for parks and recreation is 3 acres/1,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The Applicant has stated that this would be met by on-site facilities and provision of fair share contribution. However, upon review of the Applicant's proposed site plan, no such facilities have been provided. There has also been no mention of a fair-share contribution by the Applicant. Also, the estimate of 130 dwelling units is in conflict with the maximum of 113 dwelling units allowed under this submittal. Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts on the surrounding property as nearby properties are Multi-Family to the South and the East. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Land Use Map to Multi-Family Residential. This proposed multi- family development would be consistent with the uses allowed by the Multi-Family Residential category. Conclusion: The existing Comprehensive Plan Goals, Objectives, and Policies will support Residential Multi-Family uses at this location if proper infrastructure planning is concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy impact analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: Traffic Analysis: While the traffic analysis has just been resubmitted, it must be reviewed to ascertain whether prior Staff Transportation comments have been addressed. The overall analysis addressed twenty-five acres and 250 dwelling units, the analysis must be able to distinguish how this proposed change flows with the prior Future Land Use change and future development to the East. Pertaining to the Conservation Element, the Applicant states that the conversion to a Multi-Family Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the later "Analysis of primary indicators" section of the application, the Applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The Applicant further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The Applicant has already submitted preliminary development plans for the first phase involving blocks 4, 13 and 20 of its project, which plans also included the development layout for the property involved in the SSA (blocks 11, 12,21 and 22). The Applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refer to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designed only to maximize density on the properties. Recreation Element: The Applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the Applicant does state that, "The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on-site facilities". However, preliminary site plans for the project, including both Phase I and Phase /I (the portion of the project for which the Amendment is being requested) show no on-site recreational facilities. In a subsequent section of the submittal under the heading 'Parks and Recreation' the Applicant notes that "The project will be designed to provide residents with a variety of recreational facilities and open space to ensure the community's quality of life". So far, no plans submitted by the Applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation and open space. The Applicant further states that this park and open space mandate will be met through on-site facilities and provisions of fair-share contribution. No such facilities have been shown on the most recently submitted plans and there has been no mention of a fair-share contribution by the Applicant. The estimate of 130 units is also inconsistent with the number of units cited in the section entitled 'Maximum Allowable Development', which indicates a possible maximum of just 113 units. Application No. 07-005-SSA , ~If bM~'J.{;7'-~f~ -tU-i--It4f cf-/IZ- ~ I)Ci- m~~, .,,; P)i.j/ 0-rcf. . , . J IT 'lwJ; . J!M-oL1.IL~ ~c~e",;;t.h0 .~<..eA.. d.~ (i0~~4- a~-e.' ~ ,~/t~-f n,{:.-""J'.uu. - 1 . 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(I ' ~ ~,~~j btJ l)AL \,JdvJfAA ' PAGE -4- Pertaining to the Applicant's section 'Discouraging Urban Sprawl': Applicant's response to primary indicators of Urban Sprawl #13: The proposed change will not result in the loss of significant amounts of functional open space, "With the conversion to a Multi-Family Residential Future Land Use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others". The most recent plans submitted by the Applicant show no evidence or provision of on-site recreational facilities. **********::Jl~*~****************************************************************************************************************** Board Member() (CJJ.,(/ICC1. moved to find Comprehensive Plan Map Amendment Application No. 07-00S.SSA submitted by Steve Dobbs on behalf of property owner Insite Development Group to change the Future Land Use from Single Family (SF) to Multi-Family (MF) for vacant property located between Northwest 5th and 7th Avenues and Northwest 11 th and 13th Streets, consi~tentlinconsistent with the com. pre,hensive Plan, an.d reco. ,:"mend/deny to City Council; seconded by Board Member :iliJj~v\.- . --\:c 'i)'\cLl_l ,7 e-+CO 7 **************************************************************~********t'****************************************************************** VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ r O'CONNOR (t " . ,.1 MOTION: ~,cl'. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-006-SSA. The application is being submitted by Muhammad Nooruddin on behalf of property owner A.M.S.A. Holdings, LLC. The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision and is approximately 0.64 acre(s). The proposed use is to remodel the existing residence for a medical office. Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. Summary: The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Analysis: A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities. The subject property is already developed and has adequate public facilities, However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses. The requested Future Land Use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood has been slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Conclusion: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. LaRue Planing Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Application No. 07-006-SSA Page 1 ~ 'f"'4k/)cJ:.ut ~tL .:L~ RLCZ '1:<'1~.{"~{ ~J(,t6 fj1~rf. '\iLl c.::~c l!-ttti: ~),elM<L/ Qfin~::S . . . . ~j:X-~U .{~~~)9:J ~ r/L/.(~ (~-7' O~dc;J'i2t{u,.~) l (k~~-:tt(.) lC i aQ~21.. '-'< .(.fc. ~/jc...- U5YlC111..JU~ _ :J /" '"...1u) cf.c, U>u.. .W a~~~t2 V-4..-"-- .A..-e-7/jL.'~"-~") j 'J " . ,"'. ~~'^!f"f0c'-J: j!~J ((M-juMci~L ,~;Lr~ .(h~ ~~.~ . '76-4.f4-/ cf'ika~~\(t~.... o/l~.' '- · ~/(~~7}<V. C)y;.Id~c.U)a-7'M ~;U",-.L '-f: . J2/dk&~IJ4,^N2 .~~. fh.t; I: a(}X4~ J2w~{~r - ) ~, Y71tLj/~N-rJ ~70DVJ--~~ - L0l!uckLL C't~ "lALL ,f11u~k C&<./ /YU;'t j.{JUU.- (1"/0 a.{J~~/.f~,u~-ir' ?J;t: 3 ~131 ~ ~~~~() . '1~+ ( !) / . ( ~ ~ ru(If'/U~)()Je .C~'-c'f dk'k 'fr<,d<l- cf-t,. Ct. {Jc ;__ 10 -II I [.-t-. Jv.{ -{,L{JzA_~<:'___ ~o A!\ Fll'. /)./1. ,/1 ~ v1 ~.' ;I CIlAJ-e-r. . - I / L-u- ~\. / L .' cr../t,,uL--{/V...A_i?-e:>/ . X . ~J '~..<.U"1_ - (!.fr;tfV. -of.r.'L. Ju-rU-A--<-"'1 P~J:., On.. .Y~a . ~~.t..t \.;7 C1It)- c-' ,~, . (J ,- I {~'~+J ~UlJ-riLv.~ !;l W ~ttJ'rll~1~;17q5,~ _ -; ,~ih~.d. r ~ . 1 )11 U1f.. ~~ (' All\:. ~', ( 7Y'i'2C.{;l~. - ,~ohcLc Owt ) , (I --- f (V't tV ..-:::- ~-^,-~IL ~C4-a:~UL-- CV ~tt C\fl,L~ ~ l ,1. ", PAGE -5- (Ut~ ******************************************************************************************************************************************** Board Member1}h,~u.Jk!t-- moved to find Comprehensive Plan Map Amendment Application No. 07-00S-SSA submitted by Muhammad Nooruddin on behalf of property owner A. V,SAHoldings, LLC to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 608 Northeast 2nd Avenue, consistent/inconsistent with the Comprehensive Plan, and recommendldeny to City Council; seconded by Board Member ******************************************************************************************************* ***************** **************** '--(}'\G1v6 1'1 \ )-0 D 'I I VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR \ . MOTION: 0-tX}-vuJ -fi. C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA. The application is being submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas. The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 1001 Southwest 3rd Avenue. Legal description: Lots 7 and 8 of Block 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed use is to remodel the existing residence for a professional business office. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. Summary: The subject property is located in the southwest quadrant of the City. The property is developed with a 1-story wood frame house. The applicant would like to convert this residence into an office which will be used by a contractor, The zoning for the subject property is RSF-1 which is consistent with the current Future Land Use classification and the existing use of the property. The surrounding area is a single family neighborhood and a commercial office would be out of place if allowed, Analysis: A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities. If approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses. The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and SW 2nd Avenue.) Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood, Conclusion: LaRue Planning Staff does not recommend approval of the applicant's request to amend the Future Land Use Map to Commercial because the proposed amendment is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. ******************************************************************************************************************************************** Board Member(~) ~/I1C4U)L moved to find Comprehensive Plan Map Amendment Application No. 07-007-SSA submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas to change the Fut Land Use from Single Family (SF) to Commercial (~) for roperty located at 1001 Southwest 3rd Avenue, c sistent/,' consist t'with the Comprehensive Plan, and recomme den 10 City Council; seconded by Board Member 'LhI \1-~ ce-/ ************************* ************************************************************************* * ******************************* Application No. 07-007-SSA Page 1 ~ J..-Lu?-nJ) ~'-"- ;;fa jk;. fL. -7L-'JU.-,--J l4j'" .x1Md - , r ".-. ~ tJ J / 1/ CA)/U.-J1.~ /1-. ~~Q,)0v2-,~..c<_,. kJ i}LUlJ ~ J~ 0t1<.4JdijJ LV / ~/J?{).~{), " {\/ (f)i l':t?t,JUl - ./fkc a' J11..h-1~~ - ~~/+o {Jej Gtu.vu=J~ ~,,~ - (itrU1 ,--,'-,-0 C~^-L. ~ ;)...<1--1 r2L-<....-- h-z,?r 6 ,I\,'\.:J l6.u:....~ .~.~. ~ c#l<.- /lv~ V'-+f~ \. J? 7\ ' u - /j-' t __~~J: 3 I'<-Z~r~-Y..-Lft nc'tt~ ~ '3;~j (i.~L~, :lY)<'\A' , iA1 Ih L /j . 1I1!-. L j{) -L -I- f' ,\ ;4d ~ ' l'I,Ii'M-t .. iDo,c,t, (' C:-t>u ~I..- C, U'AJ , i I I Y I ~ i~xi4/ - 7~~~~/7J ':1._ ~~ ,"'-fv ) ,"~ ST, I \ / "', 'W' 6' --;:?iLtJ / . !~~/fH~ '~ d~LL '\ C Ii i 2> .~. (h'--'- , U J ,-Y ) ~C{)k.. Q~d f ~. o~~z..- ? f3R.li - 170'1 ~du. - /1--UJ '10 ~ ~ . '/1 c) ---??-?l{~I?-,t-li1L_[4.--' II rj [ -c-L.. ' ,';t<::d#'l-tl - ~L;'c1 liflUee tL /fh.a/J,<-~<2d.-<U.. /) ~ L?:uic.Lf'-64 L-<'... U'?k>, V' :s ~, _: .C/ ) () (( ~ /1 -II I ..<1-. .~ I / J f/1f:-- .----- PAGE -6- VOTE YEA NAY ABSTAIN ABSENT LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ .. O'CONNOR MOTION: \.xJ~f NOT SERVING AS A VOTING MEMBER D. Consider Rezoning Petition No. 07-004.R. The petition is being submitted by Muhammad Nooruddin on behalf of owner A.M.S.A. Holdings, LLC. The petition is to change the zoning designation from Residential Single Family-One (RSF.1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07.006-SSA. Application will be forwarded in ordinance form for a final Public Hearing on May 15, 2007 before City Council. Summary: The applicant is proposing to rezone the property to CPO to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Analysis: 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO would be most compatible with this specific neighborhood as there are already properties on this Block with the same zoning and being used in a similar way. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code. 3. The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest. 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 CPO zoning and the proposed use as a home health office as requested by the applicant is appropriate for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. 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 rezoning to CPO will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The office use can be suitably buffered from surrounding uses if necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed zoning change to CPO will not be granting a special privilege to the owner. PAGE -7- Conclusion and Recommendation: The applicant's request to CPO zoning will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Staff recommends appro va/ of the request to allow rezoning from RSF to CPO permitting the applicant to convert the existing use from a single family residence to a home health office. ************~~*~******************************************************************************************************************* Board Member ./VtiliiUH.QJ moved to find Rezoning Petition No. 07-004-R, submitted by Muhammad Nooruddin on behalf of owner A.M.SA Holdings, LLC. to change the zoning designation from Residential Single Family-One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue, consiste!1~inconsistent with Comprehensive Plan and recommended/deny to the City Council; seconded by Board Member (~ ~ . *************************************************************************************************************************** **************** '7}ltuA /7 \ ,?-o) '7 VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR I~... .' ~ MOTION: ~. QUASI-JUDICIAL E. Consider Special Exception No. 07-003-SE to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LOR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujan. The subject property is located at 906 South Parrott Avenue. Legal description: Lots 3 through 5 of Block 6, South Okeechobee Subdivision _ Planning Consultant. Summary: 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. As stated earlier, the property has been used as a car wash for the past 19 years. But, the applicant discovered that the previous owner had never applied for a special exception for the property. As such, to make the property compliant with the City's Land Development Regulations the applicant submitted this request. B. The use is specifically authorized as a special exception use in the zoning district. The subject property is within the CHV Zoning District and a car wash is allowed by special exception under Section 90-283(2). C. The use will not have an adverse effect on the public interest.. Because this is an existing use that will be continued, it will not have an adverse effect on 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. Yes, this use is appropriate for the location and is compatible with the surrounding uses. The car wash is not detrimental to urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Because the property is already being used as a car wash, it may not be necessary to require the screening. However, if the landscaping is not sufficient for the use it may be required to be property landscaped and designed to avoid negative traffic impacts and unsightliness. 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. Petition No. 07-003-SE Page 1 OO-fO, t~w-;E(J 'V?1I3u ~1-1cc>d~6~~' '. , LA)U/L!J '-fu..~,,~ ,~Utd ,~'-'.~ '~~ ?A.SC i7tc Cf; ;;1' il O- Re ~-tL''t Wtl d.A ~ ~\ r - ~- /D(~u~- fi1:yC-t'lJ/.,I / . ~I 6- .'1 L_ I 1,. / ~ .i . ~. aJ!h..P, /1<. Gl ,{M-<A.~ . ff_ < ~ I ~tJ~-/~~~(f,- (AJUj e~rvcu---r rt~fC~ ~ ~'~~~ - ~~k ~ W ~ y/t4- f:;/ef4eLLef ,?mJ2c1 k ftt~~" , ~ Ig Cft'11 ~ In h' ^., /" -r- ' . ,t~Lt.-- . . L-a jLu-cf~ 'I )~ '0 ,) -L-L-, j ~ h ~ .. 7.'!} 'I pJ - !~ . , P~'j0-z-4 - fijJ- - /~ 5~ )LI.'''1VJ luf-iic ~ 'fi.J. J ~ afium - .jJ.,~~ ~~ _ ()J (U~( Wi,,,) k a.S z: ~~~ ? \.\ (iJ k U.hO.<A ,,g.f;-r; ,') - ~Il, /!/i.J - du-h.. '+- /~t'~ IuAN !' J V'S c:22L"c/ ~~~ : ?{/1911C 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 DIVISIO~, 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPENT (PV[)~R~. DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Council of the City of Okeechobe.~;;':Florida',:has adopted Ordinance Number 716 known as the Land Development R~gulations, aiic(included requirements for planned unit development zoning districts wi~/:lin:th~ City; and">',., WHEREAS, upon review of same, the City of;:;'RkeeChobf;:!e, through s~ff.~nalysis, has determined that current PUD regulations'd(fij,c)t.adequ~~ely safeguard the.~City's interest and promote improved development patterns; 'afjd' >. ..;,;, : ' " ";"_:'~ --~<,:~- WHEREAS, the City of Okeechobee ha~, determined that 's:e.:WQg forth specific regulations for a comprehensive set of reg u lationij'':J9f:: ,residential Planff~(t~nit developments are in the best interests of the City of Okeecn()lSee,::~(ld an appropriate and necessary promulgation of its authority; .",', NOW THEREFORE, be it.orgained by the City.Council of .the City of Okeechobee, Florida; presented at a dulY adv€!rtised 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. Sectlpos. 90~01{$0-:40~J90-403, 90-404, 90-405, 90-406, and 90-407 - 90 '440 of cjrd'iniri~~'No. 716 be amended as follows: DIVISION 12. MIXED-USE PLANNED UNIT DEVELOPMENT (PUD) . , DISTr(fCT Sec. 90-401. Generally. (ar.erovisi~~'is made for mixed-use planned unit development (PUD) zoning d~~ri!?t~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 PUD zoning districts shall be permitted only on land designated as .ftJttlFe leAs t:JS9 ciilt&gories" single .family 'residerltlat' '~multifamily residential. Of mixed use fesiaefltial in the comprehensive plan. (c) A conceptual site plan of the proposed development shall be submitted and approved prior to a changein-zone eittier to 3ingle-family-or1t~ 'ic'tlu- re~ideAtiaJ. PUD zoning district, subject to the regulations of this division. (LOR) 1998, 9 430) ( J) DRAFT for discussion purposes only. Revised April 2, 2007 Page 1 of 8 Sec. 90-402. Permitted uses. The following principal uses and structures are permitted in the mixed-use PUO district: (1) Attached and detached S~ingle-family dwellings., (2) Zero lot line sinQle-familv dwellinQs. rn!3) Two-family dwelling~. (4) Town homes. {3.}(5) Multiple-family dwelling~. (4.}(6) Adult family care homes or assisted living facilities. f&}(7) Oay care center, nursing home. fet(8) Professional office, business office, l'l1edieal office. m(9) Retail store, retail service. ' f3}(10) Restaurant. <<>>(11) Personal service, dry cleaner:" f4.Q.}(12)Mechanical and repair services. (44.)(13)Auto service station. ' ~14)Private club, nightclut>. f.1.3.}(15)Hotel, motel. (13)Mobile home park. (14)RecroatioAal vehicle park. ", (16) Craft studio. (17) Businessschool. (18) Commetcfcllindoor recreation. (19) Outdoor recre'a'tion, commercial dtrtd()Or 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. (LOR 1998',~431r Sec. 90403.S~cial exception uses. Special ex~ption us~S' in the mixed-use PUO district are permitted uses in excess of 4S1eet in height. (LOR 1998, ~';432) Sec~ 90-404. , ;, Customary accessory uses. Eachp~rTnitted principal use in the mixed-use PUO district is also permitted to have the customary accessory uses for that use. (LOR 1998, 9 433) Sec. 90-405. Area, lot and structure requirements. Area, lot and structure requirements in the mixed-use PUO district are as follows: (1 ) Minimum PUD area. Minimum size of mixed-use planned unit devel- opment zoning district shall be: 5 acres DRAFT for discussion purposes only. Revised April 2, 2007 Page 2 of 8 (2) Maximum ~verall density in a mixed use PUD district shall not exceed 7.5 dwellina units per qross acre. Following 3m the m3xirnum densities permitted: Residential Z-6Rinf} QiE;tFiGt Type ef NeusiRg Maximum GFGSS Qens.ity (3) Single family PUD Conventional <1 dwelling !,Jnils peraGre Single family PUD Affer-9able f:1e!,Jsing pr-egrams Ii owelliRg !,Jnits per acre Single family PUD Mobile heme paFk 6 oVJelling !,JAils per aGre M!,Jltifamily PUD CenveRtional all f:1eusing types 1 g owelliRg !,Jnits /'ler aGFe M!,Jltifamily PUD Affordable pregrams all " f:1o!,Jsing tY!'le~,.: 1 rowelling wRils !'ler asre Commer-sial PUD ReGreatiofl')e.l:licle !'lark .' ,1"5~Yt~ts per acre Minimum lot area. All uses: Area Width As approPri~te to the use As appropri'B~::!O the use ',:'../', (4) Minimum yard requ~m(3nts. PUO district yard mini'm~l'r1; All uses:. Front Side "Rear .,- 20 feet on all property boundaries As appropriate to the use A~ appropriate to the use As appropriate to the use (5) Maximum lotcoverage;' MaximumCOverage 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 f)e'~;'feet;iJnless a special exception is granted. - (LDR'1998, ~ 434): - Sec. 90-406.- Additicmal regulations. Additional reg(Jlations 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, ~ 435) Sees. 90-407 - 90-440420. Reserved. DRAFT for discussion purposes only. Revised April 2, 2007 Page 3 of 8 DIVISION 13. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT Sec. 90-421. Generallv. (a) Defined. A parcel to be planned and developed as a sinale entity containina one or more types of residential dwellina 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: .A'l,,--",, 6<.~1V (1 ) (2-)-- (3) (4) (5) (6) Encouraae innovative creative desians~ ---Ensure enhancea;lopen space and/or amenities and an improved Iivina environment: " ;';;', , ' ' Protect environmentally sensitive areas::: Promote hiah standards in the'tayout. d'esian and construction: Ensure development of..~. site in a m'anfier harmonious with surroundina areas ancf:ccommunity facilities:-al1tl: Provide for safe.a'nd efficient internal ariCl..";external traffic circulation. ."0"";':'. ,.,.; '.;.; Location. A PUD-R district is D~i~sible only on tracts within areas desianated on the Future Land UsEf:M,ap in the comprehensive plan as sinale-family residential or multi-family reSidentiaL :.;/' ~,\,";::< ','>,'.-,', (c) Sec. 90-422. Permitted uses; (1) Allowable uses in a PUD-Rdistricfl()Cated on lands desianated sinale- famllV'resi~ential on thEfFuture Land 'Use Map include: (a) (bY (c) (d) Detached sinale' family dwellinas. zero lot line sinale-family dweJlinas, MohifeJlomes in a mobile home parle ~:'i~Public fcicftltiE!'S':" "AcCessory uses and structures that are customary and incidental to'tf1eprimary residential use. (2) AlloW'8ble uses in a PUD-R district located on lands desianated multi~i'niIY residential on the Future Land Use Map include: (a) ;. " '(6) (c) (d) (e) (f) (9) Detached sinale family dweJlinas. zero lot line sinale family dweJlinas. Mobile homes in a mobile home park, Two-family dweJlinas. Multiple-family dweJlinas, Adult family care or assisted Iivina facilities. Public facilities, Accessory uses and structures that are customary and incidental to the primary residential use. (d) t-t-(-c~..O.A.. LL) CfA.;'^-Zx.,,(1f; ,~j} (k,~ ~Q..,2.Q__ ~ ' IJ U r~ ( ~'-""? /i..,Lto_,/l.~'. DRAFT for discussion purposes only. Revised April 2, 2007 Page 4 of 8 (5) (6) (7) (8) Sec. 90-423. Dimensional standards. The dimensienal standards fer the PUD-R zenino district shall be as fellews: (1) Minimum parcel size: Five centiQueus acres under sinQle .ownership with a minimum frentaQe .of 100 feet en a public street. Preperties will be censidered centioueus if they are separated en Iv bv public riQhts-ef-wav and ne individual parcel is less than twe acres in area. (2) Maximum density: Maximum density allewable in the PUD-R zeninQ district shall be as fellews: Land Use Desi nation ill Sinale-familv 2 (3) Maximum heiaht: Allewable htilql)t in:'Cfevelepments in a'PUD-R district shall be determined after review'ofs'urreundinQ land uses te ensure that the prepesed development will not:~'create any external impacts that weuld adverselv~ffect surroundinQ d€VEllopment. existinQ .or propesed, Ne buildinQ. strucfuf~: 'or part thereef sf-lair exceed a tetal heioht .of 45 feet. except as appr~ve(f6vs'peci,al exceptid'n. Maximum buildina dimensien. The maximum dimensien .of any structure e(orbub .of attached stfi:ictures shall net exceed 160 feet fer any .one buildinqfa'ce. Mihimum berimeter setback: Ne buildinQ .or structure shall be lecated cldserthan cihe-half,thestructure heiQht .or 20 feet. whichever is Qreater. te anvP'eri.meter 1)6uhd~ry .of the PUD-R district. .Minimum 'iiepsratien between buildinas. BuildinQs shall be separated frdltf'each etheFbv a distance eQual te ene-half the heiQht .of the taller buildtl'lq .or 15leet. whichever is Qreater. Maxiitwm let ceveraae and impervieus surface CDveraae. Maximum allewable let CDVeraQe is 40% and the aQQreQate .of let CDVeraQe and imperviDus surface area is 60% .of the QrDSS land area .of the PUD-R . 'i::tistrict. (4) Open Space Reauirement. A minimum .of 40% .of the PUD-R district area shall be reserved fDr landscapino and .open space. The fellewino uses may centribute te the .open space reQuirements provided the mini- mum dimensiens are met: (a) Buffers and landscaped areas in .off-street parkinQ areas: (b) Dry detentien areas and existino Dr propesed bedies .of water. includinQ wet stDrmwater manaQement areas. may count UP te a maximum .of 50% .of the .open space reQuirement: DRAFT for discussion purposes only. Revised April 2, 2007 Page 5 of 8 (c) (d) e (f) Active and passive recreation areas such as plaVQrounds. Qolf courses. lake-beach frontaae. nature trails. bike paths. pedestrian ways. tennis courts, swimminQ pools and other similar areas count as open space as 10nQ as a not more than 20% of the recreational area counted as open space consists of impervious surface: Outdoor active and passive public use areas such as plazas. atriums. courtyards and other similar public areas. may be used . u to a maximum of 20% of the re uired 0 en s ace'k The minimum 0 en s ac' us e 10 feet. and C f}~").,- The minimum open space must be 200 square feet. (a) (9) Improved recreation areas reauired. ,lb) -- ::> ( I ).. 2)1) .: "'7; t-u-r (f>\( uefL, . ,~,;:;:".,,~; i. Said recreation arel:t:sh€lll have at least 15 square feet of I~Nd.,area for each'aw~UinQ unit with two or more bedrooms:, . w.<. ..' ii. The:miilTmUrnsize for said/recreation area shall be 750 sQucire feetJirfcr'the, improved recreation area shall be located away from 'sfili:lets. lakes or canals or shall be fenced:':-and . Iii.' The improved recreation area shall be constructed in accordante with the U. S. Consumer Products Safety CommissidWQuidelines. ,< .'..- ., .,,, :This rea~ffeilient shall not applv to developments, or portions ''th'sreof. that are restricted bv deed. notation on the face of the plst/orother recorded instrument which. in the opinion of the city attorrtSV:-limits occupancy within the development. or portion thereof, to adults. Sec. 90-424." General development review standards. ~~~ Thef'ollowfnQ Qeneral standards shall be utilized in evaluatinQ and establishinQ conditions for a PUD-R district and in reviewinQ conceptual and final site plans: (1) 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. Qroundwater level. drainaQe. and tOPoQraphv shall be appropriate to both tvpe and pattern of use intended. (2) Compatibility. PUD-R districts shall be located and desiQned so as to minimize the neQative effects of external impacts resultinQ from factors such as traffic. noise. or liQhts. Proiect control shall be accomplished throuQh techniques such as bufferinQ. site desiQn. heiQht limitations. and density or intensity limitations. DRAFT for discussion purposes only. Revised April 2, 2007 Page 6 of 8 (3) Relationship to adiacent properlY. Developments in a PUD-R district shall include additional screenina. bufferina. transitional uses or other desian features. as necessary. to adeauately protect existina or probable uses of surroundina property. - Opaaue durable fencina. masonry walls; or a veaetative screen which is continuous within one year after time of plantina. shall be provided at the periphery of a PUD-R district development to protect occupants from undesirable views. liahtina. noise or other off-site influences. and to protect occupants of adioinina properties from similar adverse influences. (4) Access. Principal vehicular access points shall be desianed to encouraae smooth traffic flow with controffEili... access and tumina movements and minimize hazards to vehicuJ~r and pedestrian safety. ./,:,..;.:; (7) Density:.' Densitv shall not exceed maximums established in the Comprehensive Plan ancf. shall be established after consideration of criteria in the Comprehensive Plan. neiahborhood compatibility. and site deskin." ; (81' Screenihq'of trash and refuse containers. All central refuse. trash and bafbaae cb/lection containers. or those servina multiple dwellina units. shl3U:be scre~h~ from siaht or located in a such a manner so as not to be Visible frorriany public area within or adiacent to the PUD-R district. See. 90-425...' Additional reaulations. Addltibnalreaulations which shall apply to all uses in the PUD-R district include. but are riot limited to: (1) Concurrency reaulations. (2) Parkina and loadina reaulations. (3) Landscapina reaulations. (4) Sian reaulations. (5) Accessory use reaulations. (6) Supplementary use reaulations. (7) Environmental and stormwater reaulations. (8) Utilities reaulations. Sees. 90-426 - 90-440. Reserved. DRAFT for discussion purposes only. Revised April 2, 2007 Page 7 of 8 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 publi(: 'he~ring 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 ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney DRAFT for discussion purposes only. Revised April 2, 2007 Page 8 of 8 . ~ l4td- GPtll)) Page D_tt;...c~~ )'~ ("'/'1Ct. (J~fl~V-e/ "J-(.) _~UA-~~.z7~J -7'0 L0Pd; tL\..u-J;:'JLej L-v~~'I'LJLn~-ek_L,t..Lx_~ Pet p , ..- 7 }...,/) r" /1 ( \ Q ~ .a. /I \, " if /t A1 jJ I {) " ' { " , l. 'L~ \..."" 1.J.-~ )lA-..'rCz.J ~/' ~/i[.t{./Yr''--'r'"'' - ;' J";'-'lvlf ,-'-cL...:_ 11_ :.jlJ~t?"~ i~: s.j ('~ ~a-- ~~; , -rl, t->; J F) fly!. .Q'~ -'. I~ l:. U.. (_I Vi i Ii /1.. . I} f f\--,,~ I 1...\. I V \.\jV" .-tX LU-],-,V'__n._1"-(~ tV,-,- _--0U ,~.,.. . \i~I'U:..-. ,', ~G~~ ,f.V1Jv~/~. P~() "t~.'~../iJ1tJJ-.~'C~o..HJ' ' \'L~Gl-<l-t2~. c'A)tt~'-t1. k'2- ,~ , t'li~--"r'ld , ..~.Yl,b"*N ~, ;~ LL. ~\~ aQJ\Q' I ,- ~~.~~ ~01f~' ',-', "W-Q'w-k~~ ,~-A~ Cl~ ~4AL ~o( ~~, (J-vr-u~>~' v .j v ~(}4~U./v /d/J/)/Lw-;;t;1 A,a) auJ- /~ '--zI.A/~i!Jl.//~~.d&-/'J 'fIJ fl () ,-;:_/Xi~~' , \.1 (/ . 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'- 'OLJ-<jl ) \ I 7 \.,.-;r>! --7 ~U} " t',) {it. , pC-{ D 4xf;(i PageS '7'\ 'L/ (' I , , o "(P ./ ,/ ('-M-t' . V I ::J ,;2. - N.i ~&1'-OL he &llrJ.I-"-c~ ~~ u - ;J^rA'c '\' A / 1 ' , , L~~(.71,A~~, '~" ,"-''-'. - /~ '.: 1 \ , / 6 . ," \j" ,I., , .' ~/V, --/",0-<__ '~~:4/{{~d:tfz~ /'(~~~/'-_~." 7(---' , {) W~~) Coot at- ...j ~v~~~~__S +-, C.C , P.0~~,' , l.LC-,.:t.l --i.-r: ~.~ f'1f~{r~'-+ . I . 1L.e&:{' (})1J' Y)^' (j'-L- '-yy."k. 'x . I;:}i..t '-'.{'14'-1<< >_i!.", L" . " v /' hrLVJ\.. 00+' )^-rt 11w~--r< ' ..J ()''l ') 'L " r" ~ I. " :' )_, "!.~ _' I '_' .. ,_ . " ,_' ~ - ) 1-' . \::..x-{"'Lo ..:tl..:...--\....---c...,,__ .' '\....--<::)1 ~-tJ ~ D K C" <:..-' ..::--.., ~' C' Ln{/,..t,,- ---- PAGE -8- H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Traffic should not pose a problem and it is reasonable to assume that flooding or drainage concerns were handled during the site plan review phase for this site, Recommendation: LaRue Planning Staff move that Petition NO.07-003-SE be approved based on the findings contained in the Planning Consultant's report dated April 11 , 2007. (' l1")\' ""htt--ti,,,-- L.-~'''''' /) "-"', 11 a~' . / . ~ If ****************, *******""'*****~********************** ********~*~~1** ****~1tfi'Iiii1.* *** * **** * * ****'1Ifi~** ( ~,'ZJ" Board Member\', 1L-'~' moved t approv~eny Special Exception Petition No. 07.003.SE to allow a car wash within a He vy Commercial (CHV) Zoning Distn e . LOR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujan. ubject property is located at 906 South Parrott Avenue; seconded by Board Member(Y tl9t--fL.ct...... . ******************************************************************************************************************************************** VOTE LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ . / I O'CONNOR \JI ' MOTION: ~~. YEA . NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER CLOSE PUBLIC HEARING. Chairperson. 7'. I~ f r~l . VI. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson, NO~ B. Consider and discuss proposed Planned Unit Development (PUD) regulations - Planning Consultant A~ p. ~tuu, ~lell,tM ~ ~, ~ ~d# ~:*% ~u6Jed-1 'llWk~ ..~- . ". (jid~, ekft-.'~f~ - r~b' I L:l 'tj. 'f{) J V5) )' JlJjjel UvC !it /) ~. jJztifb.. h- t2-d:1 . C),t ?~ll i~l~, .- . / ,,: /1 (11Lt,t,~ rJ..,-it-"-*,J ~y)i.fh1{6 j.%JAA.-tA'-6J1.. af l.u OcP ."j 'f- - /ly'E ,M t"jA [) j]' /), d,'.!"" /) "'" ,-; j G',j)'IJJ{;ic.(;/J'\../ Cj [).- L/{) / ~(, ,f2,{jK;Ptj U)( 6.7/</ ;::t!?L~ u....()\:..c~(::tC (.' v' (j , !\ 'J,. , J (i (1; u~ujQJ ').{i!.L . .:00h{}-7/t {l~,' ,~p, CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT 8 :3? P.M. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING APRIL 19, 2007 OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, April 19, 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 March 15,2007, regular meeting. IV. AGENDA. Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING. Chairperson. APRIL 19, 2007 - PB/BOA AGENDA - PAGE 2 OF 3 .. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-005-SSA The application is being submitted by Steve Dobbs, on behalf of property owner InSite Development Group. The application is to change the Future Land Use from Single Family (SF) to Multi-Family (MF) for vacant property located between Northwest 5th and 7th Avenues and Northwest 11 th and 13th Streets. Legal description: all of Blocks 11, 12,21 and 22, City of Okeechobee Subdivision, and is approximately 11.29 acre(s). This succeeds the 10 acre limitation as allowed for an area designated Rural Area of Critical Economic Concern. The proposed use is to construct a multi-family development - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -006-SSA. The application is being submitted by Muhammad Nooruddin on behalf of property owner AM.SA Holdings, LLC. The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision and is approximately 0.64 acre(s). The proposed use is to remodel the existing residence for a medical office - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. C. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007-SSA. The application is being submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas. The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 1001 Southwest Jd Avenue. Legal description: Lots 7 and 8 of Block 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed use is to remodel the existing residence for a professional business office. Application will be forwarded in ordinance form for a final Public Hearing on May 1, 2007 before City Council. D. Consider Rezoning Petition No. 07-004-R. The petition is being submitted by Muhammad Nooruddin on behalf of owner AM.SA Holdings, LLC. The petition is to change the zoning designation from Residential Single Family-One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07-006-SSA Application will be forwarded in ordinance form for a final Public Hearing on May 15, 2007 before City Council. QUASI.JUDICIAL E. Consider Special Exception No. 07 -003-SE to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujan. The subject property is located at 906 South Parrott Avenue. Legal description: Lots 3 through 5 of Block 6, South Okeechobee Subdivision - Planning Consultant. APRIL 19, 2007 . PB/BOA AGENDA . PAGE 3 OF 3 .1 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 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MARCH 15,2007 SUMMARY OF BOARD ACTION AGENDA II ACTION - DISCUSSION - VOTE PAGE 1 OF 8 I I. CALL TO ORDER. Chairperson. Planning Board/Board or Adjustment and Appeals, March 15,2007,6:00 p.m. Chairperson Ledferd called to order the 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: 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 Jo~n 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. VOTE LEDFERD.YEA BURROUGHS.ABSENT O'CONNOR. YEA HOOVER. YEA JOHNS. YEA MOTION CARRIED. KELLER. YEA JUAREZ-YEA MCCOY.ABSENT MAXWELL. YEA AGENDA IV. AGENDA - Chairperson. March 15,2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS- PAGE 2 OF 8 ACTION - DI SSION - VOTE 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 AmendmentApplication 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. AGENDA II MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE 3 OF 8 ACTION. DISCUSSION. VOTE 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 QUA 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. V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-004-SSA continued. MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 4 OF 8 ION. DISCUSSION. 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 are as shown: 191 units 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,OOO 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 orderto 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. V. PUBLIC HEARING CONTINUED. A. AGENDA Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-004-SSA continued. MARCH 15,2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE 5 OF 8 . DISCUSSION. VOTE 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. 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 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.. AGENDA II MARCH 15,2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS - PAGE 6 OF 8 ACTION. DISCUSSION. VOTE I V. PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 07-003-R submitted by Warren Snyder, Consider Rezoning Petition No. 07-003-R submitted by Warren Snyder, President Southeast Contractors & Engineers, Inc. President Southeast Contractors & Engineers, Inc. on behalf of property on behalf of property owners Donald McBrayer and Marty Stevens. The petition is to change the current zoning from owners Donald McBrayer and Marty Stevens. The petition is to change the Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF) for property located at 1925 Southeast 9th current zoning from Residential Single Family-One (RSF-1) to Residential Avenue. The petition is for the same property discussed previously and in connection with Application No. 07-004-SSA. 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 Board Member Hoover moved to table (postpone a recommendation on) Rezoning Petition No. 07-003 until the Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida concurrencies issues (traffic and drainage) can be looked at in more detail; seconded by Board Member Juarez. Planning Consultant. 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 Apri/17, 2007 Postponed until the Apri/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 LOR'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. QUASI.JUDICIAL A. Consider Special Exception No. 07-002-SE continued. CLOSE PUBLIC HEARING VI. NEW BUSINESS. MARCH 15, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE 7 OF 8 . VOTE 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. 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. VOTE LEDFERD.YEA BURROUGHS-ABSENT O'CONNOR. YEA HOOVER. YEA JOHNS-YEA MOTION CARRIED. KELLER-YEA JUAREZ-YEA MCCOY.ABSENT MAXWELL. YEA CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:50 P.M. 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. 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. VI. NEW BUSINESS CONTINUED. B. Consider and discuss proposed Planned Unit Development (PUD) regulations (ref. Code Book Sec. 90-401), continued. VII. ADJOURNMENT. Chairperson 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 testimony and evidence upon which the appeal is to be based, General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary MARCH 15,2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE 8 OF 8 SION . VOTE Mr. LaRue distributed a copy of proposed language to create a "Mixed-Use Planned Unit Development" 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 LEDFERD.YEA BURROUGHS. ABSENT O'CONNOR. YEA HOOVER. YEA JOHNS. YEA MOTION CARRIED. KELLER. YEA JUAREZ. YEA MCCOY.ABSENT MAXWELL. YEA There being no further items on the agenda, chairperson ledferd adjourned the meeting at 9:09 p.m. City of Okeechobee General Services Department S5 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 1st Hearing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: 1 Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) V" Name of property owner(s): Owner mailing address: A. P .p. L I C A N T Fax: tit 7-txJCj ) V" Property address / directions to property: Parcel Identification Number: Size of the Property (in acres): Current Zoning Designation: i-lch p .R: Current Future Land Use Designation: ,~ Existing Use of the Property: (tJ) Sf:" FJ R T Y Proposed Future Land Use Designation: Proposed Use of the Property: u,~ .+aI\1;} td Legal Description of the Property (Lengthy Description May be Attacbed): , I ~~II Uniform Land Use Application (rev 12/03) p"op 1 nf" ~ t/ .... ... ----.. ,_.. - . .,....'. .,........ ,-_. - ..'.-..".. . . . '..- .. ." .... Required Attachments.. .. / Survey of Property (11" x 14",20" Scale) / Letter Outlining Request ~Notarized Letter of Owner's Authorization /" Application Fee (non-refundable) ./ City Location Map t/ Confirmation .ofIllf9rJD.atiollA.ccuracy 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 mayres~~ ~e summary denial of this application. hrr.:. v.. ') .Jdi!)/p ~+:<&l0l\ L, o. b~ s 5L)4 }.01 ~ Printed Name Dale I Unifonn Land Use Application (rev. 12/03) Page 2 of 2 ExmBIT "A" Southern Trace Site Parcel #'s 3-15-37-35-0010-00120-0010, 3-15-37-35-0010-00120-0170, 3-15-37-35- 0010-00120-0110,3-15-37-35-0010-00210_0100,3_15_37_35_0010-00210-0080,3-15_ 37-35-0010-00210-0070, 3-15-37-35-0010-00210-0060, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210-0010, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210_ 0060, 3-15-37-35-0010-00210-0070, 3-15-37-35-0010-00210-0080, 3-15-37-35-0010- 00210-0100, 3-15-37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110, 3-15-37-35- 0010-00110-0010, and 3-15-37-35-0010-00220-0010 City of Okeechobee, FL Prepared 2/29/07 By: Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite 204 Okeechobee, FL 34972 863-467-0076 I, C Uii.'l L (J~)17 5lC~ a~fhorize Steve Dobbs of Rudd Jooe~and Associates to represent me in any and all marers pertaining to the Southern Trace Development before the City Of Okeechob~~ STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument Wfs acknowledged before me this qtJr dayof t"4>wuAYlt ,2006, by J)0-1\! c.U..U.~i~ Lw~. Said person (check one) 0 is personally known to me, ~od4ced a driver's icense (issueQ by a state of -!he .lJfl~d S~ates. within t~e Jast f~V~s. identification, or 0 produced other Identification, to WIt:, ~ . Print Name: fdl\<L v..) .1\.... nf\ "-~ ~W~ Notary Public, State of Florida Commission No.: D b 3y~ &'f 7 My Commission Expires: l b .... ( ~o~ \,""/f" Edna W. Runner ,''.9.Y PULo'" .' # DD~ ACC97 ,'''-?<',....:''/', C mID-l'Slon ~'t-OO '<:> 'Ao';f>' 0' 01 200& ~':': :.;"hxpireS: ocr. I ~~'. :~:: Bonded Tilru lllC. o;.,1,-i'oFoit,.:-' Atlantic Bonding c.o.., 'f"I1I\\'\ ~- InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residential to Multi-Family Residential Miscellaneous Data Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. Maximum Allowable Development Existing Future Land Use - Single-Family Residential allowing up to 4 units per acre Proposed Future Land Use - Multi-Family Residential allowing up to 10 units per acre 11.29 x 10 = 113 units The following Parcels make up the total future land use change requested Parcel Control Number Acreage 3-15-37-35-0010-00120-0010 11.29 3-15-37-35-0010-00120-0170 3-15-37-35-0010-00120-0110 3-15-37-35-0010-00210-0100 3-15-37-35-0010-00210-0080 3-15-37-35-0010-00210-0070 3-15-37-35-0010-00210-0060 3-15-37-35-0010-00210-0040 3-15-37-35-0010-00210-0010 3-15-37 -35-0010-00210-0040 3-15-37 -35-0010-00210-0060 3-15-37-35-0010-00210-0070 3-15-37-35-0010-00210-0080 3-15-37-35-0010-00210-0100 3-15-37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110 3-15-37-35-0010-00110-0010 3-15-37-35-0010-00220-0010 Existing FLU Propose FLU Single-Family Residential Multi-Family Residential Page 10 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residential to Multi-Family Residential Compliance with Okeechobee County Comprehensive Plan The proposed amendment is consistent with the following objectives and policies of the Comprehensive Plan which are relevant to the subject request. As the CGMP has been found to be internally consistent as required by State statutes, the proposed amendment is thus also consistent with the remainder of the Comprehensive Plan. Future Land Use Element Objective 1 - The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. With public water and wastewater already onsite, this site is most advantageous for the change of future land use from Residential Single Family to Residential Multi- family. While the soils are not the most advantageous for urban development according to the Soil Survey of Okeechobee County, the two concerns for this soil type are wetness and high water table. With improved drainage, which this site will benefit from and the existing public sewer system these items will not be a concern for this development. The topography of this site has been partially developed due to road beds in the City Right of Way being prepared and is well suited for this level of development. This site is perfectly located to provide attainable multi-family housing for the resident of the City of Okeechobee due to its strategic location just blocks from downtown, an elementary school, middle school, freshman campus and senior high school. This site meets and exceeds this objective. Policy 2.1.alb - The primary purpose of these categories is to manage future growth. Since the current future land use on this parcel is Single-Family Residential and land to the south and east is multi family, it is reasonable to change this area to a higher density classification to help curtail urban sprawl. This project will help manage the future growth by providing higher density housing. Transportation Element Objective 7 - Calls for the City to establish levels of service standards that are acceptable for existing and future conditions. Please refer to the traffic statement prepared by McMahon Associates, Inc. Housing Element Policy 1.1 - The City is to permit new residential development only where facilities such as roads, sanitary sewer, and potable water are available and adequate. There is an adequate road system available as seen in the traffic statement prepared by McMahon Associates, Inc., adequate water and sanitary sewer service is available onsite and capacity exist at the plants to serve this project refer to water and sewer statement prepared by Rudd Jones, P. E. & Associates. Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element Page 1 InSite Development, LlC Request for Comprehensive Plan Amendment Future land Use Change from Single-Family Residential to Multi-Family Residential Objective 1 - The City determine availability of service capacity based on the minimum level of service and the demand generated by development. Please refer to Sanitary Sewer and Potable Water and the Drainage statement prepared by Rudd Jones, P. E. & Associates for compliance with this objective. Conservation Element Goal - The City is committed to conserve, protect, and appropriately manage the natural resources to promote the highest environmental Conversion to the Multi-Family Residential designation will aI/ow for a development program to be brought forward that will be sensitive to natural systems of the area. Recreation Element Objective R. 1 - Requires that recreation facilities meet the existing and future needs of the County's population through the planning period. Please refer to the Adequate Public Facilities Analysis section of this report for a specific analysis of the additional demand for public facilities caused by this request. Objective R.2 - Requires the County to coordinate with the private sector to provide recreational facilities. The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on-site facilties. In addition, through a fair-share cost basis, the proposed project, at time of development application, can also provide for its required recreation needs. Compliance with State Growth Management Requirements. Florida's Department of Community Affairs evaluates local plan amendments for consistency with Rule 9-J5, Florida Administrative Code, which sets out criteria for determining whether a proposed plan amendment demonstrates consistency with the mandates of the Local Government Comprehensive Planning and Land Development Regulation Act and the State Comprehensive Plan. The applicant must demonstrate that the proposed plan amendment is consistent with all state requirements. Since the City of Okeechobee's Comprehensive Plan has been found to be consistent with aI/ state requirements, a demonstration of compliance of the proposed amendment with the City of Okeechobee Comprehensive Plan in turn demonstrates compliance with aI/ state requirements. Please refer to the section titled Compliance with City of Okeechobee Comprehensive Plan for the applicant's demonstration of compliance. The proposed future land use must also not encourage urban sprawl as outlined in Sections 9J5- 006.(5)(g) through (5)0) of the Florida Administrative Code. The noted regulations set forth the major components of a methodology to determine the presence of urban sprawl. Paragraph (5)(g) identifies 13 primary indicators of urban sprawl which are to be applied and analyzed as set forth in the rule. Paragraph (5)(h) describes how land use aspects of a plan shall be analyzed. The land use element, including both the future land use map and associated objectives and policies, represents the focal point of the local government's planning effort. Paragraph (5)(i) describes the unique features and characteristics of each jurisdiction which provide the context of the analysis and which are needed to evaluate the extent, amount or frequency of an indicator and the significance of an indicator for a specific jurisdiction. Paragraph (5)(j) recognizes that land use plans generally may be significantly affected by other development policies in a plan which may serve to mitigate the presence of urban sprawl indicators based on the land use plan alone. Paragraph (5)(j) describes development controls which may be used by a local government to mitigate the presence of sprawl. Page 2 InSite Development, LlC Request for Comprehensive Plan Amendment Future land Use Change from Single-Family Residential to Multi-Family Residential In general, Section 9J-5.006(5)(!) states that provision of innovative planning such as urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, mixed- use development and sector planning that allow the conversion of rural and agricultural lands to other uses will be recognized as methods of discouraging urban sprawl and will be determined consistent with the provisions ofthe state comprehensive plan, regional policy plans, Chapter 163, Part II, FS., and the Florida Administrative Code regarding discouraging the proliferation of urban sprawl. As such, the proposed future land use amendment to the MULTI-FAMILY RESIDENTIAL district, which allows the creation of mixed-use development, urban villages, and open space, is thus consistent with the requirements for discouraging urban sprawl. Nevertheless, a detailed urban sprawl analysis is provided below. Our analysis of consistency is provided within a text block following each indicator. Analysis of primary indicators 1. Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low-intensity, low-density, or single-use development or uses in excess of demonstrated need. The proposed request to Multi-Family Residential will actually increase densities within the urban area of the City in close proximity to the urban center while also ensuring a balanced mix of uses and their intended benefits. 2. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. The proposed request to Multi-Family Residential will actually increase densities within the City in close proximity to the urban center. The proposed request is also adjacent to an existing designation of Multi-Family Residential on the future land use map. 3. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. The location of the proposed future land use amendment is not in a radial, strip, isolated or ribbon pattem generally emanating from existing urban developments. 4. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. The proposed request to a Multi-Family Residential future land use will not result in the premature or poorly planned conversion of undeveloped land to other uses. Adequate site design techiques will be employed to adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. 5. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. The location of the proposed future land use amendment is within a future land use of Single-Family Residential and will not impact agricultural operations to the west. From the SCS Soil Survey of Page 3 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residential to Multi-Family Residential Okeechobee County designated the soil in this area as not productive for Agriculture. 6. Fails to maximize use of existing public facilities and services. The proposed site will be served by a full complement of existing urban services. 7. Fails to maximize use of future public facilities and services. A higher utilization of this site will ensure that future pubIc services are minimized within outlining areas. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. The proposed site will be served by a full complement of existing urban services. Because the property is within the public facility service area, it will enable public facilities and services to be extended in an orderly manner without disproportionate increases in cost. 9. Fails to provide a clear separation between rural and urban uses. The proposed site is adjacent to other lands within the City of Okeechobee with a Multi-Family Residential future land use designation and thereby maintains clear separation between urban and rural uses. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. This project is infi" of existing lands designated for housing and only looks to increase the density allowed by changing the Future Land Use Classification from Single-Family Residential to Multi-Family Residential. 11. Fails to encourage an attractive and functional mix of uses. The proposed site being adjacent to other lands designated Multi-Family Residential, Public and Single- Family Residential allows for an attractive and functional mix of uses. 12. Results in poor accessibility among linked or related land uses. The proposed project will provide for reasonable connections to surrounding development to ensure among linked or related land uses. 13. The proposed change will not result in the loss of significant amounts of functional open space. The proposed change will not result in the loss of significant amounts of functional open space. The existing use does not provide functional open space. With the conversion to a Multi-Family Residential future land use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others. Page 4 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residential to Multi~Family Residential Encroachment of Incompatible development As the City of Okeechobee experiences development, a mix of uses has evolved such as residential, hotels, restaurants, and service businesses, repair shops and retail stores. The residential uses in the area though have remained largely the same stock that has been in place for a number of years. This project will bring to fruition many failed attempts to bring housing to this area. The subject site is bound on the west by a cattle stockyard with an Agricultural future land use designation, to the south by a DOT maintenance yard with a Public future land use designation, to the east by undeveloped land with a Multi-Family Residential future land use designation and to the north by undeveloped land with a Single-Family Residential future land use designation. Given the adjacent existing and future land uses, the proposed request for Multi-Family Residential future land use will not result in the encroachment of incompatible development but will actually complement the existing and planned uses and provide a balanced mix of uses in a well planned development. Natural resource protection The site is currently devoid of native vegetation or wetlands. A full environmental assessment will be conducted for the entire property as part of any future development application. Adequate Public Facilities Analvsis The following analysis demonstrates that adequate facilities are present or planned to accommodate the incremental demand that may be generated by the proposed future land use. The analysis determines the net incremental demand from a worst-case development scenario of the existing and proposed future land use categories. The net demand is then compared to the existing and planned capacity. The current demand from the existing future land use is assumed to be addressed within the background growth assumptions of the City's local concurrency management system and the long term planning horizon of the capital Improvement Element. The later analysis has previously been determined by the Department of Community Affairs to be internally consistent based upon the current future land use maps. Transportation Please refer to the enclosed traffic statement. Schools Currently, the Okeechobee County School District has adequate capacity at the middle and upper school levels; however, the elementary school system is currently at capacity. The School Board has programmed additional elementary school capacity through the State's Rural Schools Program. Funding has been requested through the legislative delegation. Appropriation is expected in FY2007 with construction to commence by 2008. The Okeechobee School District has utilized this funding source for expansion to the school system in the past. Page 5 InSlte UeVelOpl11Emt, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residenti~1 to Multi-Family Residential The timing is concurrent with the expected timeframe of proposed project. The request for a future land use amendment is expected to be transmitted to the State Department of Community Affairs in 2007 with final adoption expected by mid-2007. With the State's new requirements for public school concurrency passed during the 2005 legislative session, the proposed project is expected to meet the concurrency requirements through mitigation proportionate to the demand for capacity as allowed by State statutes. As the local government application for site plan approval is not expected to be submitted untillate-2007, with approval granted in early-2008, the certainty of the funding program for the additional capacity will be in place. Site construction would then commence with the first certificate of occupancy in late-2008 - the expected time line for the construction of the new elementary school. Please refer to the enclosed letter of Okeechobee County School Board for confirmation. The closest elementary school, Central Elementary, is located at 610 SW 5th Avenue and is approximately 2 miles from the site. The closest middle school is Yearling Middle located at 925 NW 23rd Lane and is approximately 2 miles from the site. The closest high school, Okeechobee High, is located at 2800 N.W. Highway 441 North and is approximately 2 miles from the site.. The closest Freshman Campus is located at 610 SW 2nd Avenue and is approximately 2 miles from the site. Water & Wastewater The water and wastewater service for this project is provided by the Okeechobee Utility Authority. Application for capacity reservation has been submitted to ~UA. Existing Conditions Under the current Single-Family Residential future land use, the property would be served by a central Water and Sewer System. Proposed Conditions The following is an analysis of the water and wastewater flows for the property with the proposed future land use designation allowing up to 4 units per acre. The analysis is based upon maximum development scenario of 130 units. The estimated water and wastewater flows are as follows: Use Measure Rate Gallons per day Multi Family 118 units 114 GPD - water 13,452 water Residential 130 GPD - sewer 15,340 sewer *Reference: HRS 10D-6 Water and Wastewater Treatment Plants Based on information obtained from the Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 1.0 mgd. The Okeechobee Utility Authority is currently in the construction phase of additional filters which will Page 6 InSite Development, llC Request for Comprehensive Plan Amendment Future land Use Change from Single-Family Residential to Multi-Family Residential bring the wastewater treatment plant to a temporary capacity of 1.23 mgd. This work should be completed by June 2006. Additionally, the wastewater treatment plant is under a design/permitting phase for an expansion of 3.0 mgd that will bring the total treatment plant capacity to 4.0 mgd and should be operational by June 2008. The average daily flow of the combined water treatment plant finished water production is 1.93 mgd for the period of January 2005 through December 2005. The average daily flow of the wastewater treatment plant is 0.89 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.1 mgd. Water 6.00 m d 1.93 m d 0.25 m d 3.82 m d Based upon these figures, the Okeechobee Utility Authority will have on or before June 2008 adequate capacity to serve the proposed demand created by the increased density of the proposed future land use amendment. Police The nearest police station is located at 55 SE 3rd Avenue. No additional police stations are scheduled. The existing police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to other land designated for urban development, is within the public service area, and is approximately 3 miles from the site. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to other land designated for urban development, is within the public service area, and is approximately 3 miles from the site. Solid Waste The Okeechobee County solid waste level of service is 4.1 pounds per capita per day and a three year availability of landfill capacity. Given the 100 maximum number of potential units with 2.5 person per dwelling, the maximum demand for the project would be approximately 1,025 punds per day. Okeechobee County operates the regional solid waste landfill. A letter from the solid waste service provider, Waste Management, pertaining to solid waste service was not available. However, confirmation was provided by Joe Fazula, Solid Waste Manager, that 50 years capacity is available. Consequently, the existing landfill has surplus capacity in excess of three years. Page 7 InSite Development, llC Request for Comprehensive Plan Amendment Future land Use Change from Single-Family Residential to Multi-Family Residential Stormwater Management The project is located in the City of Okeechobee and FEMA FIRM Panels do not include the City of Okeechobee, however, this site is adjacent to the City Limits Ditch to the north that has a bottom elevation of 17.0 NGVD and discharges in to Taylor Creek to the east, which is controlled at elevation 13.5 NGVD. There are currently no known flooding or erosion control problems associated with the project site. No 1 DO-year flood prone areas exist on site, therefore no structures, roadways or utilities are proposed within any 1 DO-year flood prone areas. There are no existing wellfields located within two miles of the project site. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Storm water runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre-development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off-site will be minimized by on-site detention within the stormwater management system. The drainage system will be owned, operated and maintained by a public entity or a responsible property owners association acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: · Oil and grease skimmers; · Environmental swales; · Minimize "short-circuiting" of pond flow patterns; · Raised storm inlets in grassed swales; · Utilize stormwater retention where feasible; and · Street cleaning and general site maintenance. Parks and Recreation The project will be designed to provide residents with a variety of recreational facilities and open spaces to ensure the community's quality of life. No land will be removed that was previously used by residents of the region for any recreational use. No existing recreational trail is designated across the property. Therefore, the project doesn't have the potential for impacting a recreational trail designated pursuant to Chapter 260, F.S. and Chapter 16D-7, F.A.C. The City's adopted level of service standard for recreation and parks is 3 acres per 1,000 people. Based on the estimated population of 325 people (130 units x 2.5 ppd), the project's minimum acreage requirement for recreation and park space is approxmately 0.975 acres. The project will meet the park and open space mandates through on-site facilites and provision of fair-share contribution. The planned system of parks and open spaces is consistent with the City of Okeechobee's Comprehensive Plan. Page 8 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residential to Multi-Family Residential Historical/Archeological Resources There are no known archeological or historical sites within the project boundaries. A request has been sent to the Florida Division of Historic Resources. Given the improvements made to date (improved pasture), the likelihood of the presence of a historic or archeological site regarded as potentially eligible for listing on the National Register of Historic Sites to occur on the parcel is limited. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. It is estimated that the majority of people will remain in their homes within the project during a hurricane event, due to the project location relative to the Atlantic coastline. However, in the event of a significant hurricane, the County Emergency Operations Center (EOG) may activate evacuation shelters throughout the County as it deems necessary. The evacuation shelters are typically opened in areas within the hurricane's 100-mile path. Many of the public schools in Okeechobee County serve as evacuation shelters. US-441, east of the project site, is the closest evacuation route. Additionally, SR-70, approximately 2 miles to the south will assist in evacuation of the area by providing additional evacuation routes. All traffic control devices will utilize hurricane tested mast arms and street lights further minimizing service interruptions and enhancing safety prior to, during, and after a major hurricane. It should also be noted that due to recent changes to the Florida Building Code, specifically, Chapter 16, Structural Design, as well as the construction methods to be used in the project, the residential homes will provide shelter for residents during hurricane events. As a result of the changes in the construction process, residents will have safer and more secure homes, thereby reducing evacuation volumes and shelter space requirements. In addition, underground utilities will be used throughout the development reducing potential service interruptions. Finally, additional mitigation measures for special needs populations will be determined through the local government approval process of the Planned Unit Development. Page 9 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single-Family Residential to Multi-Family Residential Miscellaneous Data Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. Maximum Allowable Development Existing Future Land Use - Single-Family Residential allowing up to 4 units per acre Proposed Future Land Use - Multi-Family Residential allowing up to 10 units per acre 11.29 x 10 = 113 units The following Parcels make up the total future land use change requested Parcel Control Number Acreage 3-15-37-35-0010-00120-0010 11.29 3-15-37-35-0010-00120-0170 3-15-37-35-0010-00120-0110 3-15-37-35-0010-00210-0100 3-15-37-35-0010-00210-0080 3-15-37-35-0010-00210-0070 3-15-37-35-0010-00210-0060 3-15-37-35-0010-00210-0040 3-15-37-35-0010-00210-0010 3-15-37-35-0010-00210-0040 3-15-37-35-0010-00210-0060 3-15-37-35-0010-00210-0070 3-15-37-35-0010-00210-0080 3-15-37-35-0010-00210-0100 3-15-37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110 3-15-37-35-0010-00110-0010 3-15-37-35-0010-00220-0010 Existing FLU Propose FLU Single-Family Residential Multi-Family Residential Page 10 Southern Trace Site Parcel #'8 3-15-37-35-0010-00120-0010, 3-15-37-35-0010-00120-0170, 3-15-37-35- 0010-00120-0110,3-15-37-35-0010-00210-0100,3-15-37-35-0010-00210-0080,3-15- 37-35-0016-00210-0070,3-15-37-35-0010-00210-0060,3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210-0010,3-15-37-35-0010-00210-0040,3-15-37-35-0010-00210- 0060,3-15-37-35-0010-00210-0070,3-15-37-35-0010-00210-0080,3-15-37-35-0010- 00210-0100,3-15-37-35-0010-00210-0170,3-15-37-35-0010-00210-0110,3-15-37-35- 0010-00110-0010, and 3-15-37-35-0010-00226-0010 City of Okeechobee, FL Preliminary Storm-water Statement Prepared 9/29/06 By: Rudd Jones, P .E. & Associates, P.A. 1905 S. 25th Street, Suite 200 Fort Pierce, FL 34947 772-461-6997 1. Proiect Description: The referenced project is a 11.29 acre +/- site located in The City of Okeechobee; west of Highway 441 N, just south of the City Limits Ditch between NW 5th and 7th Avenues and NW 11 th and 13th Streets. II. Soil ConditionslTooograohy: According to the USDA Soil Survey of Okeechobee COWlty, the site is made up of only one soil classification that is Immokalee Fine Sand. In natural conditions, Immokalee Fine is described as smooth slopes that are slightly concave or convex and range from 0 to 2% slope and poorly drained sand with a depth to water table of 0.5 to 1.5 feet from JWle to September and below 1.5 to 3.5 feet for the remainder of the year. Historic improvements in the general vicinity include single family residences to the east, commercial property to the north, multifamily and agricultural to the west and a FDOT maintenance yard to the south. Just to the north of this parcel is the City line ditch that drains to the east into Taylor Creek that is maintained at elevation 13.5. The bottom elevation of the City Line Ditch is approximately 17.0 which remains dry after rain events while the average elevation of this parcel is approximately 28.0. We have obtained soil borings to determine depth to water table and hydraulic conductivity rates. The soil conditions contained in the report are very similar to the above stated Soil Survey information. III. Existing Drainage: The site currently drains to City Line Ditch via direct sheet-flow and via existing ditches. These ditches are in the City Right of Way on all sides of these parcels and drain throught the adjacent ditches to the north into the City Line Ditch. IV. Proposed Drainage: . The proposed drainage system will be designed to meet all of the applicable water quality and discharge rate requirements of the City ofOkeechobee and the South Florida Water Management District. These requirements will be met by a combination of wet and/or dry detention areas designed to meet these requirements. The design of this storm-water management system will be typical for project's of this type, in this area of the State. V. Conclusions: The proposed project will be designed to meet the storm-water requirements of all local, state and federal agencies with authority to regulate the proposed improvements. Based on my preliminary evaluation of the site, and in my professional opinion, I find no unusual circumstances that would preclude the development of this site in such a fashion as to meet these requirements. Southern Trace Site Parcel #'s 3-15-37-35-0010-00120-0010, 3-15-37-35-0010-00120-0170, 3-15-37-35- 0010-00120-0110,3-15-37-3~010-00210-0100,3_15_37_35-O010-00210-0080,3-1~ 37-35-0010-00210-O070,3-1~37-35-0010-O0210_0060,3_15_37_35-0010-00210-0040, 3-1~37-35-0010-00210-0010,3-15-37-3~0010_00210_0040,3_15-37-35-0010-00210- 0060, 3-1~37-3~0010-00210-0070, 3-1~37-35-0010-O0210-0080, 3-15-37-35-0010- 00210-0100,3-15-37-35-0010-00210-0170,3_15_37_3~010_00210-0110,3-15-37-3~ 0010-00110-0010, and 3-15-37-35-0010-00220-0010 Preliminary Water & Sewer Statement Prepared 9/29/2006 By: Rudd Jones, P.E. & Associates, P.A. (#8303) 1905 S. 25th Street, Suite 200 Fort Pierce, FL 34947 772-461-6997 I. Proiect Description: The referenced project is a 11.29 acre +/- site located in The City of Okeechobee; west of Highway 441 N,just south of the City Limits Ditch between NW 5th and 7th Avenues and NW 11th and 13th Streets. IT. Description of Available Utilities: Potable water and sewer service will be provided to the site by Okeechobee Utility Authority. There is an existing gravity sewer collection system with a liftstation in the area that have to be extended to provide service to this project. The sewer liftstation will require an additional pump to provide adequate service once this project is added to the system. There are watermains that run through this project that will again have to be extended to provide service to this proect ITl. Proposed Utility Construction: The proposed site improvements will require extension of water and sewer services onsite. The water main extensions will be sized to provide adequate fire suppression flow throughout the site. A gravity sewer connection will be all that is required since the liftstation is already in place and with the addition of a pump will have adequate capacity to serve this project. The utilities will be placed in the road right of ways which will provide access to these proposed utilities for operation and maintenance by Okeechobee Utility Authority. The system will be designed to meet the requirements of the Okeechobee Utility Authority and the Florida Department of Environmental Protection. IV. Required Capacity Based on Okeechobee Utility Authority's policy of250 gallons per ERC, this project would require 111 ERCs or 27, 750 gallons per day. V. Water and Wastewater Treatment Plants Based on information obtained from the Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 1.0 mgd. The Okeechobee Utility Authority is currently permitted to treat 1.232 MGD or wastewater at their current facility; however, while the plant is permitted they are currently in the construction phase of additional filters which will bring the wastewater treatment plant to that capacity of 1.23 mgd. This work should be completed by June 2006. The current capacity of the plant is used up as the current plant is permitted for 1.0 MGD and the average daily flow is approximately 0.89 MGD and they currently have 0.1 MGD of Executed Developer agreements. This portion of the plant has no excess capacity, but once the expansion as described above is complete, there will be sufficient capacity to serve this project. Additionally, the wastewater treatment plant is under a design/permitting phase for an expansion of3.0 mgd that will bring the total treatment plant capacity to 4.0 mgd and should be operational by June 2008. The average daily flow of the combined water treatment plant finished water production is 1.93 mgd for the period of January 2005 through December 2005. The average daily flow of the wastewater treatment plant is 0.89 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.1 mgd. Water 6.00 m d 1.93 mgd 0.25 mgd 3.82 mgd Based upon these figures, the Okeechobee Utility Authority will have on or before December 2006 adequate capacity to serve the proposed demand created by the increased density of the proposed future land use amendment. I. Proiect Description: The referenced project is a 11.29 acre +/ - site located in The City of Okeechobee; west of Highway 441 N, just south of the City Limits Ditch between NW 5th and 7th Avenues and NW 11th and 13th Streets. II. Soil Conditionsff ooographv: According to the USDA Soil Survey ofOkeechobee County, the site is made up of only one soil classification that is Immokalee Fine Sand. In natural conditions, Immokalee Fine is described as smooth slopes that are slightly concave or convex and range from 0 to 2% slope and poorly drained sand with a depth to water table of 0.5 to 1.5 feet from June to September and below 1.5 to 3.5 feet for the remainder of the year. Historic improvements in the general vicinity include single family residences to the east, commercial property to the north, multifamily and agricultural to the west and a FDOT maintenance yard to the south. Just to the north of this parcel is the City line ditch that drains to the east into Taylor Creek that is maintained at elevation 13.5. The bottom elevation of the City Line Ditch is approximately 17.0 which remains dry after rain events while the average elevation of this parcel is approximately 28.0. We have obtained soil borings to determine depth to water table and hydraulic conductivity rates. The soil conditions contained in the report are very similar to the above stated Soil Survey information. III. Existing Drainage: The site currently drains to City Line Ditch via direct sheet-flow and via existing ditches. These ditches are in the City Right of Way on all sides of these parcels and drain throught the adjacent ditches to the north into the City Line Ditch. IV. Proposed Drainage: The proposed drainage system will be designed to meet all of the applicable water quality and discharge rate requirements of the City of Okeechobee and the South Florida Water Management District. These requirements will be met by a combination of wet and/or dry detention areas designed to meet these requirements. The design of this storm-water management system will be typical for project's of this type, in this area of the State. v. Conclusions: The proposed project will be designed to meet the storm-water requirements of all local, state and federal agencies with authority to regulate the proposed improvements. Based on my preliminary evaluation of the site, and in my professional opinion, I find no unusual circumstances that would preclude the development of this site in such a fashion as to meet these requirements. Southern Trace Site Parcel #'s 3-15-37-35-0010-00120-0010, 3-15-37-35-0010-00120-0170,3-15-37-35- 0010-00120-0110,3-15-37-35-0010-00210-0100,3-15-37-35-0010-00210-0080,3-15- 37-35-0010-00210-0070, 3-15-37-35-0010-00210-0060, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210-0010, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210- 0060,3-15-37-35-0010-00210-0070,3-15-37-35-0010-00210-0080,3-15-37-3~010- 00210-0100,3-15-37-35-0010-O0210-0170,3-15-37-3~010~210-0110,3-15-37-35- 0010-00110-0010, and 3-15-37-35-0010-00220-0010 Preliminary Water & Sewer Statement Prepared 9/29/2006 By: Rudd Jones, P.E. & Associates, P.A. (#8303) 1905 S. 25th Street, Suite 200 Fort Pierce, FL 34947 772-461-6997 1. Project Description: The referenced project is a 11.29 acre +/- site located in The City ofOkeechobee; west of Highway 441 N,just south of the City Limits Ditch between NW 5th and 7th Avenues and NW 11 th and 13th Streets. II. Description of Available Utilities: Potable water and sewer service will be provided to the site by Okeechobee Utility Authority. There is an existing gravity sewer collection system with a liftstation in the area that have to be extended to provide service to this project. The sewer liftstation will require an additional pump to provide adequate service once this project is added to the system. There are watennains that run through this project that will again have to be extended to provide service to this proect III. Proposed Utility COnstruction: The proposed site improvements will require extension of water and sewer services onsite. The water main extensions will be sized to provide adequate fire suppression flow throughout the site. A gravity sewer connection will be all that is required since the liftstation is already in place and with the addition of a pump will have adequate capacity to serve this project. The utilities will be placed in the road right of ways which will provide access to these proposed utilities for operation and maintenance by Okeechobee Utility Authority. The system will be designed to meet the requirements of the Okeechobee Utility Authority and the Florida Department of Environmental Protection. IV. Required Capacity Based on Okeechobee Utility Authority's policy of250 gallons per ERC, this project would require 111 ERCs or 27, 750 gallons per day. V. Water and Wastewater Treatment Plants Based on information obtained from the Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 1.0 mgd. The Okeechobee Utility Authority is currently permitted to treat 1.232 MGD or wastewater at their current facility; however, while the plant is permitted they are currently in the construction phase of additional filters which will bring the wastewater treatment plant to that capacity of 1.23 mgd. This work should be completed by June 2006. The current capacity of the plant is used up as the current plant is permitted for 1.0 MGD and the average daily flow is approximately 0.89 MGD and they currently have 0.1 MGD of Executed Developer agreements. This portion of the plant has no excess capacity, but once the expansion as described above is complete, there will be sufficient capacity to serve this project. Additionally, the wastewater treatment plant is under a design/permitting phase for an expansion of3.0 mgd that will bring the total treatment plant capacity to 4.0 mgd and should be operational by June 2008. The average daily flow of the combined water treatment plant fInished water production is 1.93 mgd for the period of January 2005 through December 2005. The average daily flow of the wastewater treatment plant is 0.89 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.1 mgd. Water Sewer Plant Capacity 6.00 mgd 1.232 mgd A vg. Daily Flow 1.93 mgd 0.890 mgd Committed Capacity 0.25 mgd 0.100 mgd Excess Capacity 3.82 mgd 0.242 mdg Based upon these fIgures, the Okeechobee Utility Authority will have on or before December 2006 adequate capacity to serve the proposed demand created by the increased density of the proposed future land use amendment. .=i.------jl ,--------1 j ! i i , , i i , , i ! ! JOHN LASHLeY! L_.------J INSITE I E BYRD INSITE :----"---1-0 FOOT RICKEY RICHARDSON ,-.. r-.--..-------------------------------- 1 ! i ! i i i ! i i JOHN LASHU!Y ! L..-_.-.----_.______________oo_______..J INSITE INSITE I C ! ~ FOOT GRANT MELTON ,...., L.-."",,,., "''''"i r) INSrTE INSrTE INSrTE -----:----------00:..-._------------1 KOVACH mI I ' EVElOPME I INSITE . c~~:g~~~ I I I : I OKEECHOBEE SURGICAL ASSOCIATES ,.... j ,-- j GERALOtNE : BERTRAM L__ r-- j ElIDA , REYNOSO ! i i i HARRY : WALLY L._ r-- I,' NASSA J' MANAGEMENT GROUP, i u.c. ! ROLAND ! MOSSEL L__ r'- , I M:~NS I Q} ... r .. .. I J..:I.....J --- ~ ~ i ~ 1~lI.i~n I oj j.li ti! = " III ;!ij~ l.!lii lPI liSll~o~ i.i! J I I I~ I~~ !~~~ll~~,l I ji i i i III 11111 n! i I I I I . I I I . iD: I I I I I ill lillll i .. i B! ,W::E1lf ~ j!~~ : I~~~ ~ I wa~ ..Ii I ~~5 >- loz;; I- i~~! u , -"':=s-Z02 01 01' 01 ~~ dYW NOI~Y:lO' .u.1~. I I I -__.J ---l I I ______-1 ---~---1 I I ___J -ro<'--, ~1 I ~ I I I ~ : ~ ~ -_____-1 -------1 I I ___J -Ul1l 50UNDARY SURVEY PRE.P ARED FOR: I I JN5lTEDEVELOFMENTGROUfJLLC t------------------ ----- - ---- - - ~ NW 13th ST RHe ~ ~ \J'1 "'" ~ ~ ~ RHe RRC MTH CAP sr,wPFD: "LBf>I-LBb59- (D.J~Xal'w.) CHAlNUNK FENCE III (LIFT STAnON) - sa NOTE: ~ J .... 8 L FOUNO 5/8- ~ g I"'%:i~(~;'!",rp o . ~~ .-.. !:I'TI '-"'" !: ...... FOUND 5,.11- IRON ROO WITH CAP STAMPCO: "LB-#<r (a 1~) (Nor OPEN) N89'48'14"E (M) 670.13' 670.00' (P) III 80; do :;:-8 <0 _ ...... I'TI!: ~\ 8 L 0 C K 1 3 670.00' (P) N89'48'14"E (M) 670.18' 15 ALLEY Nor A PART OF THIS SURII!"Y N89'48'14"E (M) 670.19' LlIofrs crTA8L1SH,O 670.00' (P) 8r OTHens 8 L 0 C K 1 3 670.00' (P) N89'48'14"E (M) 670.24' NW 12th ST FOUND .5/8. IRON ROD NO 1.0 (D..'N.)(a.....) (NOT OP['N) N89'48'46"E (M) 670.24' 670.00' (P) ! III i _80; g,9o 8.p:~ I .-:::~,......:: ~fTI!:: ........... -5 8 L 0 C K 2 0 670.00' (P) N89'48'46"E (M) 670.18' 15 ALLEr (NOr A PART OF THIS SUR~y' N89'48'46"E (M) 670.18' 670.00' (P) gj.l '"~ g 0.... . o ..~ o.j>. '" ~~~ ""'....... l:: ...... 8 L 0 C K 2 0 670.00' (P) N89'49'18"E (M) 670.12' FOUND .5/8" IRON ROO NW 11 th ST WI'" CAP STAIoiNe. ~ = ,l~~oo~ 'I' ~::: .~~~':': -, scALE U _,~;tJ::;:_1 I ."",,, - ~~ v' - ,- .'"~ 't...,:': '00 ~ BLOCK 20 - NOR11-\ 1/2 - 2.309t ACRES ~ I : BLOCK 20 - SOU11-\ 1/2 = 2.309t ACRES I INCH = 100 FeET J.:\n(9:)[g.tliC===C TOTAL AREA ~ 9.234:1: ACRES 0" = 100') U~ SHEET I OF I l_ YING IN SECTION 16, TOWNSHIF)7 SOUTH, RANGE)5 EAST r OKEECH05EE COUNTY, FLORIDA STANDARD NOTES: I. THIS SURVEY WAS PREPAREO WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORM EO A SEARCH Of' 11-\E PUBUC RECORDS FOR EXISTING EASEMENTS, RIGHT-OF-WAY. ABANDONMENTS. ZONING SETBACKS OR DEED RESTRICTIONS. 2. "ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY 011-\ER 11-\AN 11-\E SIGNING PARTY OR PARTIES IS PROHIBITED Wl11-\OUT WRITTEN CONSENT OF 11-\E SIGNING PARTY OR PARTIES,' 3. THIS SURVEY IS NOT VALID Wl11-\OUT 11-\E SIGNATURE ANO RAISEO EMBOSSED SEAL OF 11-\E SIGNING FLORIDA PROFESSIONAL SURVEYOR ANO MAPPER. 4. UNLESS NOTED 011-\ERWlSE. ALL BEARINGS ANO DISTANCES SHOWN HEREON ARE PER PLAT OR DEED. 5. LOCATIONS OF BUI(..OING(S) ARE UMITEO TO THE ABOVE GROUNO WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED, 6. UNDERGROUNO UTlUTlES. IF ANY. HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE. RRe < ~ ~ RHC 'i RRC R. ;J... ~ t"rjl PROJECT SPECIFIC NOTES: 1. SITE ADDRESS: NOT ASSIGNEO. 2. FLOOO ZONE: SITE APPEARS TO UE WITHIN THE AREA SHOWN AS "CITY OF OKEECHOBEE, AREA NOT I INCLUDED" PER THE FEOERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) NATIONAL FLOOD INSURANCE I PROGRAM (NFlP) FLOOO INSURANCE RATE MAP (FIRM) FOR COMMUNITY NUMBER 120177, PANEL NUMBER L g~o.,o:PA~~~D u~;/~;~lTARY SEWER un SATAION LIES Wl11-\IN SUBJECT PROPERTY. THIS SURVEYOR NOT PR0\o10EO WITH EASEMENT DOCUMENT CONCERNING USE. STANDARD LEGEND: ..;{~ ASPH. (OR) ASP ~ ASPHALT. BFP ~ BACK FLOW PREVENTOR. BLDG. - BUILDING. BOC ~ BACK Of CURB. BOW . BACK OF (SlOE) WALK. CB - CATCH BASIN. CONC. = CONCRETE. COR. = CORNER. CMP - CORRUGATED METAL PIPE ELECT. - ELECTRIC RISER. EOP - EOGE OF PAVEMENT. EOS - EDGE Of SHELL (ROCK). FC = FENCE CORNER. FL . FLOW UNE. FOC . FRONT Of CURB. MH = MANHOLE. NG - NATURAL GROUND/GRADE. OH = OVERHANG. OHU = OVERHEAO UTlUTY (WIRES/LINES). P.O.B. - POINT OF BEGINNING. I P.O.C.. POINT OF COMMENCEMENT. I ~~LE:. ~A~~P~~ii:~.RISER. L WPP = WOOO POWER POLE. WSP - WOOD SER\o1CE POLE. ./~ SURVEY OF: SURVEY OF: r ALL OF BLOCK 13 AND BLOCK 20; ALL LYING IN "OKEECHOBEE", ACCOROING TO 11-\E PLAT 11-\EREOF RECORDED IN PLAT BOOK 5, PAGE 5 OF 11-\E PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. STANDARD LEGEND: (CON T1NUED) RRC - RECOVEREO 5/8" IRON ROD WTIH CAP STAMPED; "J.A. W1LSON- LS5157" mrn = ELECTRIC RISER/VAULT/METER. IlmJ = TELEPHONE RISER/VAULT. 'IN t><J = WATER VALVE/METER. ~ = FIRE HYDRANT. @ = STORM WATER MANHOLE. (ID = SANITARY SEWER MANHOLE. . = STORM WATER CURB INLET. E--- - GUY ANCHOR <'Q, - WOOOEN POWER POLE PREPARED FOR: INSITE DEVELOPMENT GROUP, LLC, A COLORADO WMITtD UA8111TY COMPANY: ARNSTEIN & LEHR, LLP.: ATTORNEYS' TillE INSURANCE f'UND, INC.: HEIRS, LLC, ITS SUCC€SSORS AND/OR ASSIGNS: ~C8 SER'.1CES NO COMPANY, ITS SUCC€SSORS AND/OR ASSIGNS, - N A~~------- oMf~ ROFESSlONAL SURVE'fOR ANO MAPPER FlORIOA LICENSE NO. LS5157 flORIDA CERTlFlCA TE OF AUTHORIZATION NO. L87429 i o 1= ~Q, ~5 a5~ III Z" ~<Xl 5 W fr:: ~ < Cl d.....N,.,~ Z ~ .~ ... ,- ~ . ... ~' ~~~ ~ gti~ ~ &:: S ;>;15,),. ~ '<T ,3:81 ~ ~ ~[j'" ~ ~ ~o~~ CS ~ 0 ~ I ill & );.J ~ ~~f ~ ~::"-....5.... J:x,...,t; ~ ~ Zg:H ,.;.. gtl~" !SI wI" ~ (.)O~ ~~ 5t;~ ~ &:'0. VJ ~ ~ 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning & Management Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared fOr: Applicant: The City ofOkeechobee Steven Dobbs, InSite Development Group Petition No. 07-005-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Steven Dobbs, InSite Development Petition No.: 07-005-SSA General Information Applicant: Steven L. Dobbs, PE Insite Development Group 2010 NW Park Street, Ste. 204 Okeechobee. Fl34972 863-467-0076 863-467-0019 Applicant Address: Applicant Phone Number: Applicant Fax Number: Owner: Owner Address: D. Curtis Lundberg 2 Nublick Lane Columbine Valley, CO 80123 Future Land Use Map Classification Zoning District Use of Property Existing Single-Family RSF-l Single family homes and vacant land 11.29 Proposed Multi-Family RMF Multi-family development 11.29 Acreage Location: Blocks 12 and 21 - West of US Highway 441, South of City limits ditch between NW 5th and ih Avenues and NW 11 th and 13th Streets. Blocks 11 and 22 - West side of NW ih Avenue between NW 11 th and 13th Streets. Legal Descriptions PIN 3-15-37-35-0010-00110-0010: Lots 1 to 6, Block 11, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00120-0010: Lots 1 to 10, Block 12, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00120-0110: Lots 11 to 16, Block 12, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00120-0170: Lots 17 to 26, Block 12, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0010: Lots 1, 2, and 3, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0040: Lot 4 and the E 25 feet of Lot 5, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0060: Lot 6 and the W 25 feet of Lot 5, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0070: Lot 7 and E 25 feet of Lot 8, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0080: W 42.5 feet of Lot 8 and E 32.5 feet of Lot 9. Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0100: W 15 feet of Lot 9 and all of Lot 10, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0110: Lots 11, 12, 13. 14, 15, and 16, Block 21. CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0170: Lots 17 to 26, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00220-0010: Lot 1 to 6 inclusive of Block 22. CITY OF OKEECHOBEE. Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Steven Dobbs, InSite Development Petition No.: 07-005-SSA Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Multi-Family. Based on the size of the property (11.29 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small-Scale Amendment to the Comprehensive Plan because the State Statutes allow up to 20 acres under the Small Scale Plan Amendment procedures in a County designated as Economically Distressed. North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-I Single family residences Multi Family RMF Vacant, owned by the applicant and is being proposed for multi-family development in conjunction with this property. Multi-Family and Public Facilities RMF and PUB Vacant and FOOT property Single Family Holding Single family residences Summary: The Applicant is proposing to amend the Future Land Use Map to allow multi-family uses on the subject property. Block 21 has four (4) lots which are developed with single family residences but the rest of the property (Blocks 11, 12, and 22) is vacant. The Applicant has submitted plans to the City for the development of the property, so some information within this Report will be based on facts submitted with the site plan review application. Some initial concerns with the application are as follows: 1. Property address/directions to the property: The application should correctly identify the properties involved. 2. Parcel Identification Numbers: Exhibit A duplicates parcel identification numbers. For example, 3-15-37-35-0010-00210-0060 is listed twice, in line three and at the end of line four. 2 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Steven Dobbs, InSite Development Petition No.: 07-005-SSA 3. Current Zoning Designation: The Zoning Map shows Blocks I I, 12, 21, and 22 as all being zoned RSF - I but the Applicant states the zoning is MF and SF. 4. Required Attachments (page 2 of2 of the application): The survey submitted with the application is for Blocks 13 and 20, which are not part of this Small Scale Amendment application. A survey needs to be provided for the area encompassed by Blocks I 1,12,21 and 22. Planning staff would suggest that the Applicant modify the application and submit it to the City with the above corrections and required information. Comprehensive Plan Analysis _ A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi- Family. As prescribed by the Comprehensive Plan, specifically Policy 2.1 (b), permitted uses in the Multi-family Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Thus, using the maximum density and the minimum lot requirements in the Land Development Code, the Applicant could develop these Blocks with approximately I 13 units. Based on the application, the proposed use of multi-family development is consistent with the Multi-Family Residential Future Land Use category as described in the Comprehensive Plan. Multi-family dwelling units are the predominant land use in areas within this category. However, it is less clear that all of the Comprehensive Plan Policies are being met with this request. This is shown later in such areas as Infrastructure Level of Service (Roads) and Parks and Open Space. B. Concurrency of Adequate Public Facilities According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 305 additional residents (2.7 pph x I 13 diu). Roadways: The City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. The Applicant has just presently submitted a revised traffic analysis and this analysis needs to be reviewed prior to any recommendation is made concerning possible degradation of Transportation LOS. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 114 gpcpd = 34,781 gpd 3 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Steven Dobbs, InSite Development Petition No.: 07-005-SSA Sanitary Sewer: The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 130 gpcpd = 39,663 gpd Solid Waste: The adopted LOSS for solid waste is 13 lbs/person/day. The impacts for the proposed development is as follows 113 units x 2.7 pph x 13 lbs/person/day = 3,966 ppd The Applicant has stated that representatives of the County Solid Waste Facility did provide confirmation that the landfill had a life of 50 years. But, the Applicant's analysis uses the adopted LOSS from Okeechobee County not the City's LOSS. This analysis should be completed and a letter from Waste Management or the County should be provided to the City confirming the landfills ability to serve the proposed development. Drainage: The proposed development will be required to meet all standards required by the City ofOkeechobee and the South Florida Water Management District. Parks & Recreation: The adopted LOSS for parks and recreation is 3 acresll ,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The Applicant has stated that this would be met by on-site facilities and provision of fair share contribution. However, upon review of the Applicant's proposed site plan, no such facilities have been provided. There has also been no mention of a fair-share contribution by the Applicant. Also, the estimate of 130 dwelling units is in conflict with the maximum of 113 dwelling units allowed under this submittal. C. Compatibility with Adjacent and Nearby Land Uses The proposed land use will not create any adverse impacts on the surrounding property as nearby properties are Multi-Family to the South and the East. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Land Use Map to Multi-Family Residential. This proposed multi-family development would be consistent with the uses allowed by the Multi- Family Residential category. 4 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Steven Dobbs, InSite Development Petition No.: 07-005-SSA The existing Comprehensive Plan Goals, Objectives, and Policies will support Residential Multi- Family uses at this location if proper infrastructure planning is concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy impact analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: 1. Traffic Analysis: While the traffic analysis has just been resubmitted, it must be reviewed to ascertain whether prior Staff Transportation comments have been addressed. The overall analysis addressed twenty-five acres and 250 dwelling units, the analysis must be able to distinguish how this proposed change flows with the prior Future Land Use change and future development to the East. 2. Pertaining to the Conservation Element, the Applicant states that the conversion to a Multi-Family Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the later "Analysis of primary indicators" section of the application, the Applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The Applicant further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The Applicant has already submitted preliminary development plans for the first phase involving blocks 4, 13 and 20 of its project, which plans also included the development layout for the property involved in the SSA (blocks 11, 12, 21 and 22). The Applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refer to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designed only to maximize density on the properties. 3. Recreation Element: The Applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the Applicant does state that, "The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on-site facilities ". However, preliminary site plans for the project, including both Phase I and Phase II (the portion of the project for which the Amendment is being requested) show no on-site recreational facilities. In a subsequent section of the submittal under the heading 'Parks and Recreation' the Applicant notes that "The project will be designed to provide residents with a variety of recreationalfacilities and open c'pace to ensure the community's quality of ltfe ". So far, no plans submitted by the Applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation 5 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Steven Dobbs, InSite Development Petition No.: 07-005-SSA and open space. The Applicant further states that this park and open space mandate will be met through on-site facilities and provisions of fair-share contribution. No such facilities have been shown on the most recently submitted plans and there has been no mention of a fair-share contribution by the Applicant. The estimate of 130 units is also inconsistent with the number of units cited in the section entitled 'Maximum Allowable Development', which indicates a possible maximum of just 113 units. 4. Pertaining to the Applicant's section 'Discouraging Urban Sprawl': Applicant's response to primary indicators of Urban Sprawl #13: The proposed change will not result in the loss of significant amounts of functional open space, .. With the conversion to a Multi-Family Residential Future Land Use, the proposed land use will provide signfficant amounts of functional open space that will be plannedfor active and passive recreation by residents of the new community and others ". The most recent plans submitted by the Applicant show no evidence or provision of on-site recreational facilities. Submitted by: James G. LaRue, AICP April 12,2007 6 .' I :17 ! . 7t:- , L_::,~..,.. ,. ~. _...._,.,..-.~ 14 ..I "' :. l ~i 40 - ~... .,". ,,-. .j.l CITY OF OKEECHOBEE FUTURE LAND USE MAP C 7- &(5-. SS 11 INSITE DEVELOPMENT - SOUTHERN TRACE BLOCKS 11. 12.21. 22 r {( 0 ft1.' SIN 6.- L e. {,.,q HU L ..../ tc: 11\ Lt L 1 j. (- /t >>1 I L 1 J;,S/TG pelnDi>>'1City of Okeechobee I ~7..()~s-55A COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY . COMMERCIAL . INDUSTRIAL PUBLIC FACILITIES ": c . ~;e (Il$ m: .s I Nt../e ~rt1"'J T~: ~.,lULtl-_ fAm It ~:"4i.;~)-iitF ,. y . . ~ ~ 'c... "I ~.. .~..: ,,- I:.~~;,".;i-.'. ~ t . 'v' -IIIII~I-~- Ie '1\:t"t-- . -, .,~ wi. .. ,,' ".. .. nil'''' . .-- ,,- " .,1 " "..._.; M ,,' ~ ~. ~ " .~. 1m ,~ ,..- -,., ..1" ...... '" "1i1~f-" ,~,~ .~ '" ... ,,, ........ .... J_ ~ ';' . .... ,... _-. '~:~L:~!" ............ .... I . ~!IIJlI'..I.....Ii.~. I . '..,..".. ...r-- ~ '" -. '" .......1... ~ . ~... 'M ~ '..!'" · · ". ~ >;~ iii". : '~I;~! ,... .~ ,.. , ~. ~ 1:" l' .11 " " c ", . m"'''''~ . ". , . ,.j;;=---"--'--- -.------ ~'; o 0.125 025 0.5 075 1 Miles Genelal Not", AI~VS ShOW!" ne'eol"! are' '5 Of 20 feet In wldm See appropnat. ....OO(VISlOl"l pla: for 'iopec,flC ililey wIdths. "''1lsnap r\ii8 beer~ COmplleO trom ,he mQt.1 CUf'ent OClLil J.l<Ia,:ao,e !T'lC City of OI<ee<:hobcC ~ not responGlOIC for Oilf'y errors 0' omiSSIOns Gontamed here,,., - - ~ '.',t'r'",(:.iI; "~::.t~~ I "'.,,(I'IOS Sl'"-;)'.<rT' ~~'''l,~~ ,jfe "~ or::C !I'}oe; ,f' '''''odt'l . s.;!x:;v,S-~-.r. j..>ii: '-,., ';~7,fe: .3;;;:0\ ...."y~.,. t.~~:. ':;";:'ri:'="e'j T,~,.-.,., 1"(' ...,.,~: c;~,~'-~r,~ :O,'i",,-: I J _7~SiTf; ?:)~~'fLtJ:;)lRH~City of Okeechobee ~ ? -6! p~_ $5 A i -------- I .... - COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MUlTI- FAMilY . COMMERCIAL INDUSTRiAL ~----- ._--,~.--~..__._--- -.----..+ PUBliC FACILITIES J 0,125 025 ---:--==-:- 05 075 M.je~ ;>)--~ -'1'~ '__/ ;,:, ~; '?~:~r)~~;~:~:%~:'~I~ ~~~~O::;'~5'b!' ~.,. c-+~, . <i : 77 "-"", ..> '. ->', . --""t Ill' ! : i I ' .....-_.,_._1 I t ! , ~..~/::.:,..,..._~~,~~. .._.~...,_._.~:.___..__;I -'1: '.1 .,'......,........,...f....... ..... I '<:1,..,:."/;::.,. .; ,.,:~~iii .'. ,',!,' ".,.ao. I .' '.Y:::;,;;:~~:"': . ().'I .. '-.. '.......:;::...- ,. "'-,.---......, CITY OF OKEECHOBEE FUTURE LAND USE MAP {i 7 - ()kS-. ~?S 11 INSITE DEVELOP1\'1ENT p' SOUTHERN TRACE BLOCKS 11. 12, 21, 22 flC 001 SIN (... Lt'. {. A HIl L '-I 1'C: rn U L 1 ;. r /t fH I L 1 '~:('~~ @;J~ t ""I I I I I I I I I I I I I I I I I I I I Bookw~~~ .~ SOVTI-lE.RN TRACE TRA.FFIC STUDY Prepared For: InSite DevelqpmentGrpup, LLC ito NW Park Street, Suite 204 / Okeecbobee, FL. 33972 PJ:epared by: McMahon AssoCiates, Inc. June 2006 March 2007 (Revised) ~ of Okeechobee Jeneral Services Department 5S S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Petition No. /~) ~", 1st Hearing: 7 Jurisdiction: Publication Dates: I Notices Mailed: ezone. SpeCIa xceptJon · anance V Name of property owner(s): 1\-.M.s.A. Hold;'^'1~ J 1- L;. ( p. V' I~VX YYO v A Owner mailing address: t1Kae-w bee-, Fc- ,:>Y'77J p p Name of applicant(s) if other than owner (state relationship): L J Applicant mailing address: C m t.tkttWlWlu-d N Ol)a.. 141) I) ) liJ A Name of contact person (state relationship): N <3{J.~ - '7 b?'-17 75 3(; 3 -7l:,3- (;,"11. T Contact person daytime phone(s): Fax: Uniform Land Use Application R S' IE V V Property address / directions to property: ~o 8 /IJ . IS: :i;:;;I fh;' e- . Indicate current use of property: ~:Vl"'i/L +-CrWl ;. L y . If.-':>i de VI h'e-, ( . Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: Is property in a planed subdivision') NO Is there a current or recent use of the property that is/was a violation of county ordinance') I f so. describe' /' JVO R 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: .N ON e. ' E Nj) R Is a sale subject to this application being granted? T y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: Veh j'ef<fZ- 5~ J.e..S.J- cpe/l/ 5 -J-oYA 'je South: V PrC f4f1/f CxJ1Vl ty) East: ~tvi. (Umme;fc-~ (West: ~~ Cu-m~4. ILs P "" Existing zoning: Future Land Use classification: e.erm~c--ier1 Actions Requested: ~Rezone (~ Special Exception ~ Variance Parcel Identification Number: Un.s {y, V Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The infornlation 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 fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. S0;.a~/ jl;V.J!ff!1n1Yl1/f> j\/qMLC.f)i)/~?>/ I g ID 7- Signa ure // Printed Name Date J I . Uniform Land Use Application (rev 1I03) Page J of 2 Current zoning classification: ~5 F- \ Requested zoning classification: Crt) R What is your desired permitted use under the proposed classification: E tto-m,'YV'RJ'( t~ ffZ;1&S0'or<)~"' z 0 V N If granted, will the new zone be contiguous with a like zone? '1M. E Is a Special Exception necessary for your intended use? NO Variance? Describe the Special Exception sought: - S oJ l~/ P E C Provide specific LDR ordinance citation: I \ I ! A L V 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 ofthe area and residents? p T 1 0 Ifbusiness, brietl) de:-,cribe ndture Including number of Clllplo)cc:-" hours, noise generatipn dnd aCtlvities to bc i\ , Clmdllcted ()lItslde PI' a building' Describe Variance sought: V A R I A N C E Describe physical characteristic of property that makes variance necessa Did you cause or contribute to the characteristic? Is so, describe: IV. What is the minimum variance necessary? Unifonn Land Use Application (rev 1/03) Page 2 of 2 3> - / ~~r(}1 TO w~ ':J- /YY)u~ ~C--'WL~. L lA>"'MI\ +- +v kR-.N ex; 5 Hv(f ~ ,. ~ to u 5 -€- fj-- ~ '~ ~ fleqtl/i og;Y'C-/Z-. ~~~I ,r, /1 ~ ;J(/ ~ ~V.~~ fYl Uh.UJ/V1rn.-.;t-) Il!OVtWlJiJ/,^/ TIllS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Kelly Elite Title, Inc. 311 NE 2nd Street Okeechobee, Florida 34972 Property Appraisers Parcel Identification (Folio) Numbers: 3-1S-37-3S-0010-00780-0050 Space Above This Line For Recording Data THIS wARRANTY DEED, made the 16th day of February, 2007 by William S. Welder, a single man, whose post office address is 608 NE 2nd Avenne, O~obee, FL 34972 herein called the grantor, to A.M.S.A. Holdings LLC , whose post office address is 906 SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WIT N E SSE T H: That the grantor, for and in consideration of the sum ofTEN AND OO/IOO'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 3, 4, S, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK S, PAGE S, PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Snbject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND. the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: C;':C,OUI' itll ~. Witness #\ Signature ~O- ~M ~/lu:.:j;d!L/ William S. Welder Sh(lJ\I' <Sr"\ \,zI'J l~ Wi",~,#IP<ID""N=' ~ 14<~/ Witness #2 Signature J1a.-CL5 ? ;?()~ k.. p~ L Witn'ess #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged befo~ me this ~day of February, 2007 by William S. Welder who is personally known to me or has produced !U i ~..I\/.) ( t .I' 0 ,.., 'J as identification. SEAL m ~ SHANNON MULHOL N Notary Public, State My Comm. Expires June , Comm. No. 00332394 ! Printed Notary Name My Commission Expires: 0) SHANNON MULHOLLAND Notary Public. State at Florida My Comm. Expires June 24.2008 Comm. No. DO 332394 File No: 07-3267 BOUNDARY SURVEY PREPARED FOR A.M.S.A. )l--~-----~~--i-~-- ... I R/tZC1f"._, , , . I I I I ~II 'Ii ~, ~rI ~ REVlSE PREPARED F 80l'fN . .'~' S~:~,~t."N:cg~.l@) .,f/(lJ."l 1. .~. 1. ,,:' 20565 5 J ror.<< ~. f4RCa CONTAIN$ Jp.6<1 ACReS ~ iI ~ a " I ::.!#~::. i'OIlA1j'P) ,..""" ~ T T Ati~li~ .~. ~.' ~_~\ti . ':'.' ..'~' . ..... .. ..)........ ;",\<,", ..,' ~ ." ... ~ I I -r I I I "W'''~''_,"~ "''''J''Jdf I ,,:[,.-.;,o':;:'!Ii"';: , , I I _M'_ I =".~ a, II -M..,A _f""'~i.r& r ~~M'_ I --=.~~~.~ OeSCRIPTlON: LOTS'>; 4, 5 AND 0; BLOCK 74 CITY OF' ()I(EEr:HOBEE; ACCORDINC 70 THE PU.T THEREOF AS RECORDED/II PU.T i1f)OI( 1\ PAGE 1\ OF THe PUlN.IC RECORDS OF OKEECHOBEE COI/NTY, fLOf//DA. If I~ I' Ii PROJECT SPECIfiC NOTES: 1) I/NLESS SHOIW OTHER/IISE, AJ.J. 0IJIENS/(lNS ARE PLA T(P) AND UEASlIRDJ(II). 2) SITE: AOORE:SS: 608 N.E. 2ND A ',E}fUE. J) PARCEL 10: 3-15-37-35-0010-00780-0050.. . 4) THE 0F:SCRIP7ION SHOIW HO/EON WASPROV/OEI) BY THE CLJENT OR THE Q./f}fl"S IID'RF:!iD!TATI'IE:. 5) BEAf/ING REFO/ENCE.. THE NORTH UNE OF BLOCK 78 IS TAKeN TV 8EAH NORTH 89'47"38" EAST. 6) t:1.H.1.f. ZONE: ZONE IJNDET01MiNED. PARCl1. UCS It1THiN THEOKEECHOBEE .ClTY IJMITS: 7) THIS SlIRIfY IS NOT IN7lMiE1I 70 OO'ICT .AJRlSDlC7IONAL AREAS OR OTHER A/i!;4$ OF LOG<< CTJNCDIN. 6) THE SUHIfY OO'ICTED HOlE IS NOT COI1!lll!l7 BY PI<<JFESS1ONAL I1AB/l./Tr INSlIRANCC. AlJOfT/ONS OR IiO.ET1ONS 70 SlIRIfY UAPS OR IW"OI/TS BY OTHER THAN THE SlGNING PARTY OR. PARTIES IS PRrH8I7ED It1THOUT 1WIT7F:N CONSENT OF THE SlCNINt; PAHTY OR PARTIES. 9) DA TE: OF LAST RElJ) SVHI€n 01/08/1'7. I I I~ I I~ I' I~ PROJECT SPECIFIC LEGeNO: HPP - HOOD POHEJ/ ~ ~ @ L cu~.. _: . 1W1ICIUI1!Nal'.;fSfrul' we KA8 we KA8 CK LEGEND o-Sel Iron Rod and Cap T'M'S 6719 .-Found eM .-FounO Iron Rod (ond Cop) @l-F'O\.Ind Pipe (and Cop) ABBREVIATIONS 1-......"'.:11I- ~-~. ny.[.c.."tJP ::~=~-:..". =~~;;b:~"l =: ~~~c':.r..l_ _=.~~:::t"" PM.,I ~i-:13~i;:;:~~t€i ~ -'l_~~: i~~ .it.lfJ_.~:=, ~ ,"",(IIQ(I-J I I I [I I I I I 1 II I I I ~I I I ~I i I i! I I I I I I I R_n_. I I I I I I ~~~L___J___-L___L__. ~ .....",... "_J.."",,) PREPARE:D FOR THe eXCWSlVC use OF: A.Ai.SA. HOLDINGS, l1.C. GULF"S71?E:AAi BUSlNCSS BANK WTE: TITlE, INe. TlCOR TllZE INSlJRANCE: CoMPANY STANDARD ~(JT[S 1. Ng ,,"'1rc~ 'I' t~.. public rllcord. frK dllt.,..,lnatllll'1 gf owrleohlp Qf ""trlctlClll. off~ th, land. .ho....., 'l/O~ ~..rlo,....,..d by thll ft/I"o'IlI)'OI'", 2.. Tn. IU"I"Y a~plcl..d ~'IIIrll I. Ilfllpared lIlIdlutlwly for thou portl"" ngtlld. 3. No ""lIPOQ~lhlllly or IIQbQ!ty I. ~1'f111d by tn. ItUM)'OI" for II" by oth.... not IIpllCllk:o~y nomtd. 4, No! mil" "llnolll lh. ,lg"gt1/r" !WId IImbo.Mol' ....1 of Florido f1'~Hd ......)'<lr and mopp.. 14820, ~. n...r. or.. ~o vI..lbl. IIbo'l'll ;round "'croCX>hm"'t. Ol;:~t O. Ihl1'olrn, 6. No olt......ol '110. ""oa. to locllt. undllf'9r'lNnd Improwm.,t'I! rKld/Qr Wlervod'lmllnbl (If any) "011 part of thl,,,,,,,,,y 7. Thll ..."'....y wn" pr"PQ/"1Id II'l ocoordon(:. with rnl"lmum t..:tmloxl .tondllrdll lI.tQblWlIId by th. Florldo 800ra "I s,,"'.."'," ond ~Qf)D"" (Chaplll/" B1G17-a, r..A..c.) pU/"'WllI'lt to S.ctllll'l 472.027, F10rlda Slol~'"~ 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: info(aJ.larue-planning.com LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared fOr: Applicant: From: To: Petition No. The City ofOkeechobee A.MSA. Holdings, LLC RSF CPO 07-004-R Staff Report Rezoning Request Applicant: A.M.S.A. HOLDINGS, LLC Petition No.: 07-004-R General Information Applicant: Applicant Address: Muhammad Nooruddin, contact A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 863-763-7973 863-763-6619 Applicant Phone Number: Applicant Fax Number: Future Land Use Map Classification Zoning District Use of Property Existing Single-Family Acreage RSF-l Residential structure and empty lots 0.64 Location: 608 NE 2nd Avenue Proposed Commercial CPO Home Health Care Office 0.64 Legal Description: Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: Applicant is requesting a rezoning for the above shown property from RSF-l to CPO. The applicant would like to use the subject property as a home health office. North: Future Laud Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Industrial IND Vehicle sales and open storage Commercial CPO Church Commercial and Single Family CPO and RSF-I Vacant Staff Report Rezoning Request Applicant: A.M.S.A. HOLDINGS, LLC Petition No.: 07-004-R West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Church Summary: The applicant is proposing to rezone the property to CPO to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO would be most compatible with this specific neighborhood as there are already properties on this Block with the same zoning and being used in a similar way. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code. 3. The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest. 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 CPO zoning and the proposed use as a home health office as requested by the applicant is appropriate for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. 5. The proposed us'e will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property, The proposed rezoning to CPO will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 2 Staff Report Rezoning Request Applicant: A.M.S.A. HOLDINGS, LLC Petition No.: 07 -004-R 6. The proposed use can be suitably buffered.from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The office use can be suitably buffered from surrounding uses if necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we{fare. The proposed zoning change to CPO will not be granting a special privilege to the owner. Summary and Conclusions Prior to Certification The applicant's request to CPO zoning will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Recommendation Staff recommends approval of the request to allow rezoning from RSF to CPO permitting the applicant to convert the existing use from a single family residence to a home health office. Submitted by: James G. LaRue, AICP Planning Consultant April 11, 2007 3 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 - Date: Petition No. Jurisdiction: 2nd Hearing: Publication Dates: . Notices Mailed: V Name of property owner(s): A P P L I C A N T Owner mailing address: Name ofapplicant(s) if other than owner (state relationship): ~~6\ Applicant mailing address: eJl'~"O \9-ee ( 'J. )at'}. A Fax: Contact person daytime phone(s): V Property address / directions to property: q06 s y lndicate current use of property: 5.e:.....l- f- ~V1 u \..L Se..-~)~ CAJL~~ Describe improvements on property, including number/type of dwellings and whether occupied (if none, so stale): Approximate number of acres: 0,488 AC... Is property in a planed subdivision? Zs hfhcl('t~l'llr)~;~ \''It,. 'l~ :l"l' t-\;' f!-.l r-";\.~rltCr!'- :hjt 1~\\;1~;1 \ tl-d.1fI\"~ ,'~ '_"'.Il-,~\ tH-ti:n:1I1Ct'') lf~~) UI::''':,lllhc _____~__ ___ .. __ _ _ _1t,J_M______..___ __ ~________" " r R o P E R T Y Have there been any land use appllca[]ons concemmg all or pan of IhlS property m me last year? If so, mdlcale dale, nature and applicant's name: 1-1 Is a sale subject to this application being granted? N Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses I improvements to the North: Cb'(lC\. Existing zoning: South:c-o~ East: West: Actions Requested: Future Land Use classification: ~ L L-) Rezone 00 Special Exception ~ Variance Parcel Jdentification Number: V Confirmation ofInfonnation 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 fine of up to $500_00 and imprisonment of up to 30 days and may result in the summary denial of this application. ~J~ IUN..J~ J-vy0 "}- '1 ~ f 5-07-. Signature Printed Name Date \ Uniform Land Use Application (rev 1/03} Page I of 2 " t zoning classification: cf)V Requested zoning classification: cfJ U ~" Descnbe the Special Exception sought: --ttt-\ 5 0J84L ~.s ~ -if- ;1-<J 1<.. ~ 1'1 - o ~ '(V--~... '0 Jq Ii- w~ ~h..:l '.\1- .JJ'j s 0 ~G-r5 CAEjO <-. M (\ co/iJ ~ p \ ~~'^ ~"'-R-... ~ 'rv.... c.Q.. I ~ ~r.s Cl..5O , E C Provide specific LDR ordinance citation: I A Sec~ '10 - 28'3 L Are there other similar uses ill the area? Is so, descnbe: .su,^&.t...~",-,,- (JML ~H E X ~ .e-5 _ S I \ AJ€- rr-K. ..s+. D~c...l-... ~ ~~ '3 '(CITe c E Why would granting your request be in the best interest ofthe area and residents? p i \- \.5 -~ ,~ _~\,0~ c.J<... ~ k~ ~ CO""'v"",~ 'p"--\ ~ h-0~ \Cl/. ~ ..5" T il , I -----------~--- ------------- --~---_.-------~-_..__.--_._----_._-~._. ---,~'-'--- --------~-- I i' I: ~ ~ I ',' '.-". } 1 i I ~-' -1 ' \L.........(_ II he ila: I;[~- " " !h_'lii :., nOise ~crH"rdlh'L '. I . ':'"',, ~ \' :~, l . 11 R What is your desired pe E Z o N E xception necessary for your intended use? ~ varian~ .------- : i ~ ) LJ , \ '[-J " i I i l ['.' \: \ 'l Ii .~ 1(\'- ,.1 u 1"\ l i I I \ lll~ I:' V A R J A N C E ~ ~ ~ A"^ JZ,::H~-"'j '- <.A . Q ~~~\.,.,. q. or- \ 'WL~ 'i-o Descnl>e physical characteristic of prop Is so, describe: ;.J(~ Unifonn Land Use Application (rev 1/03) Page 2 of 2 I ~ il II V.l\...C::;v\.lUUUC;v ,-,"VUU"J .L .LVP"""'''J .J. 1.Py.&........U-.&. ........-1'.... .a...-......__ -.-. -- ...-- --' -.. -.- -. - - - --- - -0- - -- - Okeechobee County Property Appraiser w.c, "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-21-37-35-0040..00060-0030 - REPAIR SER (002500) SOUTH OKEECHOBEE LOTS 3 4 5 BLOCK 6 Name: LUJAN IVAN & ZORAIDA landVal Site: 906 S PARROTT AVE, Okeechobee BldgVal . 10820 NW 160TH STREET ApprVal Mall: OKEECHOBEE, FL 349720000 JustVal Sales 1/912001 $155,000.001/ Q Assd Info 4/1/1990 $0.001/ U Exmpt 5/1/1979 $40,000.001/ Q Taxable $156,600.00 $29,880.00 $207,302.00 $207,302.00 $207,302.00 $0.00 $207,302.00 This information, Last Updated: 3/1212007, was deriliedfrom data 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 ifs interpretation. Although it is periodically updated, this information may not reflect 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/GIS/Print Map.asp ?pjboiibchhjbnligcafccjfhojiaehdomhlo... 3/1312007 F. ELGIN BAYLESS, JR. RM "_0. BOX 1804. SEBRING, FLORIDA 33871 U.S. HIGHWAY 441 - FACING NORTH U.S. HIGHWAY 441 - FACING SOUTH MEMBER. ApPRAISAL INSTITUTE CERT. # 1 540 60 f.Iictvt-\ . 6l\-v't' "T..... ,.--- . ;0 (I, '&',00 bot. Ii/, O!S',tJo Documentary Stamps paid in the amount of $ 1. ~~5.a? Class C Intllngible Tax paid in the amount of $ _0- Sharon Robertson. CIer1t of Circuit Court .-~~.~ By;~' ~ D.C. Date: I.-/d-.;z / ' ~ID~ 3_21_37_35_0040-00060~0030 Gn'n1r:e 11 TIN: 590-76-5354 Gn'n1r:e n, TIN: 594-71-6955 Warranty Deed This Indenture, Made this 9th day of January, 2001 A.D." .:;Between RIO RANCHO CORPORATION, a corporation existing under the laws of the state of Florida of the Couoty of Okeechobee Slale of Florida , grantor" and IVAN LUJAN and ZORAIDA LUJAN, his wife, whoseaddressis:10820 NW 160th Street, Okeechobee, Florida 34972 of the Couoty of Okeechobee Slate of Florida , grantees. Witnesseth that the GRANTOR. fOT and in consideratioo of the sum of - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ TEN & NO/IOO($lO.OO) - - - - - - - DOL~, and other good and valuable consideratioo m GRANTOR in hand paid by GRANTEES, the receipt whereof is heTeby acknowledged, has gnored, baTgained and sold m the said GRANTEES and GRANTEES' heirs and assigns foreveT, the following descnbed land. situate. lying and being in the County of Okeechobee State of Florida to wit: Lots 3, 4 and 5, BlDck 6, SOUTH OKEECHOBEE, according to the plat thereof recorded in plat Book 5, Page 7, public records of Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2000. C'\'LEn fe;',,; V;;::-COP.D I '-" .. -jH: \ \ O~FEC"",":" : 340159 1081 J~~ \ 0 pJi, ID: 39 tlARON ROBE.RTSON eta)!. Of CIRCUIT com, 1 and the gnntoT does herehy fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness "Whereof, the gnomT has hereunto set his hand and s tbe day and year first above written. Signed, sealed and delivered in presence: RIO CHO CORPORATION EVA MAE CONELY w~ TOM . CO , I Wi (Corporate R E T U R N STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing insrrument was acknowledged before me iliis JENARO CALLE, President of RIO January,";,' on behalfoi the cmpoT1ltioo. He has produced his Flori da This Documenr Prepared By: T TOM W_ CONELY. ill o CONELY & CONELY. P.A- POST OFFICE DRAWER 1367 ~OKEECHOBEE, FL 34973-1367 driver's EYAMAECONRV MY COMMISSION t CC 960503 EXPIRES: [Jecambar 12. 2004 BancjedTl'lN NoW'.I PtJbk~ ~2/~2/04 ~~1~2J~!r7~ ~L\J~~ 80UNDARY SURVEY LOCATED IN 3ECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECH08EE COUNTY, FLORIDA ~ (]~D DESCRIPTION Lots 3, 4 ond 5, Block 6, SOUTH OKEECHOBEE, according to the plot thereof recorded in Plot Book 5, Poge 7, Public Records of Okeechobee County, Florido. LOT 12 ~,URVEYORS NOTES Subject to easements and restrictions of record," Londs described hereon not abstrocted by this office. CORNDl or CUI?8 ..---1 - 2.3'S,0_,/'\\I Underground utilities ond foundotions are not shown. LOT 12 The description shown hereon wos provided by the client ond/ or his/her agent. Not volid without the s'lgnoture ond the originol raised seol of 0 Florida licensed surveyor ond mopper. ; The surveyor did not interview odjoining land owners lor unrecorded deeds or eosements, CORIltEI'l or CONCl'lm N-IO,l,SPH.\.U O)'W 'Elevotions, if any, are bosed upon ossumed dotum. LOT 12 CORNER or CONCRElE -- ANa ASPHALT Q,Yw ,Lands shown hereon ore in Flood Zone C, os scoled from FEMA FIRM ponel no. ,120177 0200B, doted 2-4.,..81. : Address: 906 SOUlH P ARROTT AVENUE, OKEECHOBEE, FL o.4~~ ~ SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge ond belief as surveyed in the field under my direct supervision. Subject to the qualifications noted ereon, " LOT 12 CORNER or ASPH^\.' 5.e'N.O~-"" CERTIFIED TO ONLY THE FOLLOWING PARTIES: IVAN AND ZORAIDA LUJAN RIVERSIDE NA110NAL BANK OF FLORIDA, mes R, Almond, PSM ~6N~~;~5o~gN:r~/~: ASSIGNS Professional Surveyor-Mopper CHICAGO mLE INSURANCE COMPANY LOT 12 €Iorido Registration No. LS5081 JAMESR. ALMOND PSM PROP&88tONAL LAND 8IJRVEVOA _ LtA~ _ ObNmL T ANT ~ 2973 SW 3RD TERRACE ~ OKEECHO~EE, FLORIDA 34974-26e4 TEL: (883) 467-5700 F~X: (863) 487-6121 E"MAIL: almondOokeechobee.com SCALE' 'LIlaK PAGE RE;1SI0NS SURVEY DATE: DECEMBER 12, 20er ,. -. 30' 81/a1 PROJECT No. 1581 I I ONCK TJ-IIS BAA IS WTD/O[D TO MfASUftE , INCH LONe AT THE 5CJU' St-lOWN. IF' &VI l.fEA5URES DlFF'EREN1'~ y tNLARa( OR REDUCE ACCORDINGLY, SHtET ' OF MAP OF BOUNDARY SURVSY BLOCK 6 SOUTH OKEECHOBEE PB 5, PG 7 OKEECHOBEE COUNTY FLORIDA LOT 2 ru :>/8' IR ~O 10 NUI.lBER O.E~'N,O.O:Z'w "\sP"-HLT ~~ 270112' r- ';:0 I I ~SP"'Hl T j I I ~ ---r- --_.:'~::--Lf cc 0 I L,,-__.J ---------~---------- I llll,4J' I I '1;1 ~: I I I III WASH ~y 20.11' IiiIJ ~ ~ CONCRETE o C 0 COVERa> -'SPI-Iol,l.T ~CUM ,4Ilv, o C 0 " ~. g. LOT 5 ASPAHLT I !SPRINT ro siB" 1ft NO 10 NUMBtR Q,05'N,O.08'E F"tNCr CORNrR 0.2'S.0.2'[ NllVISS'4."W LOT 6 IVAN PREPARED FOR: AND ZORAIDA LUJAN ---'t. - - ~W 9TH_ STREEI - - -i ",' '/'11 """'tRLY 2110 rTRfE! r ;; I' ~ iI. ~ ..! I - "'.~"'- --1 , I I I I I - II ~ ~ . -. ~ ..! I I I I I +~ ~ I ".",.-' - - ~ ".00' - I I )~ =~. ~i3 SET CHfSEl..EIl "Ie. CUT IN ilDE'llWJ( CONCRE'll: CURS CONCRrn CONOI!tTt IllOOK w.u1Yl'lC.OJ. ~4,01' 142.51' N 142.1S' P f"D CH1SO.ED ")('" cur IN ......... O.OO'N,O.Ofl'W roICt: CORHER O,3'$,O,II'W ~ ~j 1'0 CHISELED "X. CUT IN ,SCtWALK I ---'t. - _SY'...J..QIH_ STREEJ_ _ ~ 040' R/W ~y 3RO 5JMEf I (j) o C~ :i! ~ -0 ." :t> ~ ' :::Oii 251, --l .' --l !' " :t> ii ' <D' f'T'1 ~ ' Z. C' I"T'J 1375 Jackson Street Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: info~larue-planning.com LaRue Planning & Mana ement Services, Inc. Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Ivan and Zoraida Lujan Petition No.: 07-003-SE Staff Report Special Exception Request Applicant's Name: Ivan and Zoraida Lujan Petition No. 07-003-SE General Information: Owner: Contact Person Owner Address: Ivan and Zoraida Lujan Ivan Lujan 3761 NW 160th Street Okeechobee, FL 34972 863-634-0512, Fax: 863-357-6564 Owner Phone Number: legal Description of Subject Property: Location of Property: 906 S. Parrott Avenue Lots 3, 4 and 5, Block 6, South Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 7, public records ofOkeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 315\ 2000. 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 Heavy Commercial Zoning District for property located at 906 South Parrott Avenue, Okeechobee, FL. Background: The subject property is approximately 0.488 acre(s) fronting on US 441 which is subject to this Special Use Exception petition. The applicant purchased the property 10 years ago and it has been used as a car wash for approximately 19 years. Now, the applicant intends to sell the property, but upon researching the land discovered that the previous owner did not apply for a special exception to operate the car wash when it was initially constructed. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: Commercial Commercial Commercial Commercial Consistenc with land Development Re ulations: 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. As stated earlier, the property has been used as a car wash for the past 19 years. But, the applicant discovered that the previous owner had never applied for a special Page -1- Staff Report Special Exception Request Applicant's Name: Ivan and Zoraida Lujan Petition No. 07-003-SE exception for the property. As such, to make the property compliant with the City's Land Development Regulations the applicant submitted this request. B. The use is spec(fically authorized as a special exception use in the zoning district. The subject property is within the CHV Zoning District and a car wash is allowed by special exception under Section 90-283(2). C. The use will not have an adverse effect on the public interest. Because this is an existing use that will be continued, it will not have an adverse effect on 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. Yes, this use is appropriate for the location and is compatible with the surrounding uses. The car wash is not detrimental to urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. F. The use may be required to be screenedfrom surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Because the property is already being used as a car wash, it may not be necessary to require the screening. However, if the landscaping is not sufficient for the use it may be required to be property landscaped and designed to avoid negative traffic impacts and unsightliness. 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. Traffic should not pose a problem and it is reasonable to assume that flooding or drainage concerns were handled during the site plan review phase for this site. Page -2- Staff Report Special Exception Request Applicant's Name: Ivan and Zoraida Lujan Petition No. 07-003-SE Recommendation: Move that Petition No.07-003-SE be approved based on the findings contained in the Planning Consultant's report dated April 11, 2007. Submitted by: James G. LaRue, AICP Planning Consultant April 11, 2007 Page -3- " Memo To: City of Okeechobee, Planning Board Members, City Administrator, and Jim LaRue Frvm: Mary Haaksma, Registered Certifying Agent, Florida Green Building Coalition, Inc. Date: 4/612007 Re: New PUD Regulations As you consider the new PUD regulations for Residential and Mixed Use Developments, I would like to present to you the following information: 1. Gettino to Smart Growth, a publication by the EPA and Smart Growth Community. The potential for Green Building starts from the very beginning with looking at how much land we need for housing, and how much green space we can protect. Placement of communities and their designs and the best intentioned Zoning Laws and Ordinances effect our ability to truly build green. I would invite you to read the entire publication, but knowing you may not have time to do that, I have taken the liberty to mark Chaoter 2: Article 9 that is specific to set backs and space between buildings. For further information on Green BuildinQ I have included: 2. A recent article in the Fort Pierce Tribune, showing that Green Building is not necessarily expensive and how little things can make a huge difference in the amount of water we use and wastewater we produce. 3. A copy of Xeriscape from South Florida Water Management with information about landscaping that needs little or no water. 4. Florida Green Building Coalition information on Local Green Governments. a. A copy of the Gainesville Green Building Program Ordinance. b. A copy of the Sarasota County Resolution for Green Building. Gainesville, Sarasota County, Pinellas County, The City of S1. Petersburg, Orange County Government, and the City of Dunedin are all adopting Green Ordinances. What I am proposing is that we take this opportunity to build "Green" into our PUD regulations, since a PUD is perfect for "Green Communities. What I hope you come away from all of this with is an understanding of Development Planning using "Green Principles". Homes closer tooether will helo orovide lamer "Green Soaces" that will support wildlife and native species of plants and trees, which give us cleaner air and water. The 40-foot space between two buildings will not provide enough space for a mature tree or homes for animals. If we place buildings closer together the collateral effect on the available "Green Space" is much greater. Homes that are closer together will also use less imoervious surface and undemround utilities, because the distance between the buildings is greatly reduced. Fire and Safety concerns are addressed in many creative ways in these developments and in some cases are more practical. 1 , ;. I hope you will consider these ideas in your planning. I sincerely appreciate your time to review the enclosed information. I am available for any questions you may have at Close Construction Inc. 467- 0831. Kindest Regards, Mary Haaksma 6649 SE 5151 Street Okeechobee,FL 34974 . Page 2 r-~. . . with 23 percent overall in the Reston-lIlTndUIl hi -It'ch enclave. "Even in a soft market, there's a Hight to ljUaill.l.Lnants want to be as close as possible to amc:nities, tht restaLlrJJ~t., '1l1c1 retail.'", Compact development makes these amenities de:, 9. t~tfategiCally reduce or remove minimum lot size requirements. ' r, \\Then faced with traffic, loss of open space, or rising demand, on \;. ; public services from new development, many communities s.,'d; to t J fix the problem by increasing minimum lot sizes. Tht thinl;lIlg is straightforward. Larger lots mean more expensive hOuse' ,md thus more tax revenues. Spreading out development will sprl"ld out traffic and reduce congestion. PUt the same house 011 " brc;er piece of land and leave more open space. There is an intu;me appeal to this thinking. However, many Communities I1,J\'c had counterintuitive results, with larger lot sizes sometimes exacertm- ing the very problems they were meant to avoid. Here's why. \Vhile government requirements for large lcm CJO drive up housing costs, the extra tax revenues may be offset h:' other factors. For instance, longer distances between houses mC;lll extra infrastructure and higher capital Costs-not only within the development (where the developer likely pays). but also between developments that the local government generally pays for. In addition, larger lots mean a development consumes more land than it would otherwise. \Vhen this land is farmland or other "working land," the locality loses a valuable taxpayer. Unlike houses. working lands almost always pay more in taxes than they demand in services. Finally, zoning exclusively for large lots and houses may mean that more incoming households will be families with school-age children. Schools are often the largest cost for local government. Zoning that provides for families, retirees, :~: :~i voung couples just starting off, and singles can diversify the IlOusehold base and thereby reduce school costs. In response, localities are now looking at the advantages that can come with strategic reductions. or in certain parts of a commu- nity, with the removal of minimum lot sizes. Like large lot zoning under 1 unit per 20 acres, zoning for smaller lots does not directly presen'e open space. However, unlike larger lot zoning, smaller I( It sizes can actually reduce market pressure on undeveloped Lnd, providing communities with time to preserve impOrtant ();lee space. In some cases communities have linked these two ideas, providing more building oppOrtunities in one area in exchange for preservation in another through tradable develop- ment rights. For instance, in Montgomery County, Maryland, Lllld in the more rural upcounty area was downzoned from 1 unit per 5 acres to 1 unit per 25 acres, and landowners were allowed to sell the difference in development rights to downcounty areas where greater density was allowed. 10. Manage the transition between higher- and lower-density neighborhoods. Providing a variety of housing, neighborhood. and transportation choices is one of smart growth's principal goals. To provide ,'hoices. a variety of development-including main streets with ,hops and townhouses, business centers with offices and apart- ~'1ents, and single-family neighborhoods with yards-is needed. \dington CounlY, Virginia, is an example of a community that hs been able to successfully integrate higher- and lower-density development. Arlington's many neighborhood types meet a vari- c; ,\1 of living preferences and economic means. Residents can ~hoose to live in any number of amenity-rich neighborhoods that Green Local Government Standard Page I of 1 Designation Stdock ,cd ',,:C Utie:'J dnd Counties I I Overview fGBC>StandarQs>Local Government II Standard Documents I Application P:ocess I Modification Process I Designated Governments Re istered Governments ILocal Government IPlnellas County Government ISarasota County Government ICity of St. Petersburg IOrange County Government ICity of Dunnedin I/Status I/October 27, 2006 - Certified Silver I/July 22, 2005 - presubmittal I/October 28, 2005 -presubmittal I/June 29, 2006 - presubmittal IIOctober 10, 2006 - presubmlttal Congratulations to Pinellas County - the first local government in the state to receive this comprehensive environmental designation! Cop right Florida Green Building Coalition, Inc. http://floridagreenbuilding.org!/standard/govs/designatedgovs.htm 4/4/2007 .Green Local Government Standard Page 1 of2 Designation Standtud for lilies dnd Counties C."~C - I I fG,I3C>Sti;lndi;lrds>Local Government Overview II Standard DocumeJlts II Application Process II Modification Process Designated Governments Overview of the Florida Green Local Government Standard The Florida Green Local Government Standard designates Green Cities and Green Counties for outstanding environmental stewardship. It is expected that certified green city and county governments will not only gain recognition and publicity, but also function in a more efficient manner though better internal communication, dollar savings, and effective risk and asset management. FGBC is actively working towards the availability of incentives that are based on compliance with this standard. This standard presents a comprehensive list of criteria, organized In terms of local government department functions. It focuses on improving their environmental performance through a number of mediums (energy, water, air, land, waste), and evaluates: . Environmental practices done "in-house." . Incentives and ordinances to foster green practices. · Educational activities to improve the environment. The Florida Green Local Government Standard is similar to other green standards currently in effect in Florida and many other states, yet very unique in its target. In essence, a list of criteria is presented, and each is assigned a point value. A minimum total point value is set that represents a bar, and local governments who incorporate sufficient criteria such that they meet or exceed the bar are "certified" or "registered" as a Green Local Government. Typical components of green building programs have traditionally targeted individual buildings and land developments. One of the goals of the Local Government Standard is to Increase the penetration of many types of green activities. The Florida Green Local Government Standard leverages many existing programs, and also presents new criteria. Existing programs that are leveraged include statewide programs such as Waterfronts Florida, and Florida Main Street Designation, and national programs such as Tree City USA from the National Arbor Day Foundation. Examples of criteria that are not defined by an existing program include developing local government energy reduction plans, instituting an environmentally preferable purchasing program, utilizing green fleet management, and working with water utilities to promote conservation. Background The Florida Green Local Government Standard was created by the Florida Solar Energy Center (FSEC), working under a contract from the U.S. Department of Energy and the Florida Energy Office. A number of organizations and agencies served as subcontractors or contirubted, Including: . The Florida Green Building Coalition, Inc. FGBC will maintain the standard over time and award ail designations. . The Miami Dade Department of Environmental Resources Management put together educational modules on fleet management and on landscape maintenance to assist local governments with the process. . Sarasota, Alachua and Miami-Dade counties and the City of Gainesville helped with creation and review of the standard. . City of Orlando representatives also participated in development of the standard. http://floridagreenbuilding.orgl /standard/govs/default.htm 4/4/2007 Green Local Government Standard Page 2 of2 It is envisioned that successful local governments will create and enforce landscape codes that help preserve natural Florida ecosystems, conserve water, create pedestrian-friendly environments, and follow green policies throughout their own organization in everything from ball field maintenance to in-house recycling. The standard is presented in such a way that It is much more than just a program - it is a powerful tool. The guiding documents of the standard are designed to act as educational material for a wide audience of readers. Here, the documents not only present opportunities for a local government to "be green", but also provide examples and resources covering how to do it. In many cases, based on current application of criteria in pilot Florida cities and counties, as well as other US local governments, quantifiable results can also be presented such as dollar savings, tons of CO 2 reduction, pounds of waste diverted from landfill, etc. With such a broad scope and the uniqueness of tying in many suggestions, resources, existing programs to leverage, etc. into one comprehensive standard, a "one stop shop" of information is created so to speak. In this case, the standard is an excellent reference for Florida local governments to refer to when trying to accomplish environmental goals - whether from a regulatory, a risk / asset management, an economic development, or a cost reduction standpoint. The standard is meant to be a useful reference even for those local governments who have no interest in becoming certified, but are trying to accomplish a singular goal, rather than the big "green" picture. For those that do wish to become certified, there are flexible paths to qualification so that cities and counties can tailor qualification to meet their goals, while still maintaining the well- rounded profile that has come to define "green". FleXibility is also important, for no two local governments look alike, nor do they all perform the same functions. Part of what started the development of the Florida Green Local Government Standard was a desire of the Florida Energy Office and the US Department of Energy to achieve "Energy and Environmental Integration" within government. A solicitation was announced, and The Florida Solar Energy Center (part of the University of Central Florida ), the Florida Green Building Coalition, and Miami/Dade Department of Environmental Management (DERM) teamed together on a winning proposal. The original request for proposal indicated that while energy and environmental elements are tightly linked in natural and economic systems, federal, state, and local governments have traditionally approached these two issues by segmenting them into separate organizations in a way that obscures their connections. One goal of the Florida Green Local Government Standard Is to bring together entities with common objectives and overlapping interests to develop integrated energy/environmental solutions to statewide as well as local issues. Such integrated energy/environmental strategies offer new opportunities for increased energy efficiency, multi-pollutant prevention, and environmental improvements as well as greater operational efficiency, increased customer service, and expanded public acceptance. These goals can be well accomplished by incorporating the actions of green building Into the framework of local governments, through the process of striving to meet a green building standard. Part of the process for determining qualification with the standard is to look across all local government departments to determine what is currently being done, what the needs/desires are, and what remains to be done in order to qualify. This process inherently requires extensive communication between departments, eventually identifying areas of potential cooperation to better achieve common goals. Another aspect is that as local governments learn more about how being green can help them accomplish their goals, they will see the benefit of encouraging the private sector to apply the same principles through the creation of green homes, green commercial buildings, and green land developments. There are already standards in effect for these sectors in Florida, and green local governments can increase the penetration of green buildings and land developments through various incentives. The City of Gainesville recently passed an ordinance giving a $300 discount on building permits for certified green projects, as well as free fast track permitting (a $350 value). They are also actively promoting and publicizing such projects. Green building is not just good for the property owner or those living on the property, it is good for the whole community. Developing a standard, rather than a comprehensive guidebook is important for a number of reasons. Creating a standard and setting a bar gives local governments a meaningful goal to aim towards. The bar Is designed to be a realistic one (based on pilot City/county involvement), and gives local champions of the effort something to point towards in order to keep things on track. It may provide enough driving force to push a local government who would have only achieved 50% of the bar with a simple guidebook achieve 100% of the bar such that they can become certified. The certification will allow a local government to publicize their efforts in order to gain the recognition they deserve from the local community as well as the state. other stakeholders will also be taking part In publicizing the existence of the standard, as well as the efforts of certified cities and counties. It is also envisioned that the standard will act as an excellent metric on which to base eventual statewide incentives to cities and counties who become certified. It could also be used in the regulatory arena, where a non-compliant local government could be given the option of achieVing the certification, as oDDosed to other regulatorv actions that may be taken against them. CODyright Florida Green Building Coalition, Inc. http://floridagreenbuilding.orgl/standard/govs/default.htm 4/4/2007 ., RESOLUTION NO. 2005 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA A Resolution of The Board of County Commissioners of Sarasota County, Florida which demonstrates a substantial commitment on the part of Sarasota County (herein referred to as the "County"), to finance, plan, design, construct, manager, renovate, commission, maintain, and deconstruct County facilities in accordance with sustainable building standards. Whereas, the County has already demonstrated its commitment to sustainable principles, practices, and technologies through the County's Sustainability Resolution No. 02-119; and Whereas, the County is a member of the u.S. Green Building Cowlcil, The United States Department of Energy's Rebuild America Program, the United States Environmental Protection Agency's ENERGY STAR @ program and the Florida Green Building Coalition, all of which advocate for high performance buildings; and Whereas, The u.s. Green Buildings Council (USGBC) has developed the Leadership in Energy and Environmental Design (LEED) rating system that is a voluntary, consensus based certification program for design of sustainable buildings. LEED buildings conserve materials, energy, water and other natural resources as well as provide occupants with healthier and more productive interior environments; and Whereas, high performance sustainable building and development is a means of balancing economic development with the preservation of quality of life; and Whereas, the County has set an example and demonstrated its commitment and leadership through high performance design and construction beginning with the Florida House Learning Center, the Twin Lakes Park Green Office Complex, the North County Library, and obtaining and ENERGY STAR rating for the Judicial Center; and Whereas, private entities within Sarasota County are voluntarily building high performance or "green" sustainable buildings, beginning with the Kimal Lumber Company Learning Center, the Whole Foods Market, and the Gulf Coast Girl Scout Council Campus; and Whereas, architects, developers, and builders within Sarasota County are voluntarily making the commitment to design and construct to green building standards beginning with Schroeder Manatee Ranch (SMR) - Lakewood Ranch, Westwater Construction, Inc. (WCI) Communities, and The Granada; and Whereas, high performance buildings provide occupants and visitors with a healthier and more productive environment and this increase in worker productivity can produce enormous economic benefits, as worker salaries are historically an organizations largest expense; and TPA#2024 I 68. 1 - 1 - D ')(\(\,_ Whereas, the County commits to high performance building practices that protect the quality of our air, water and other natural resources; provide employees and the public with safe and healthy indoor environments minimize our ecological footprint; reduce operating and maintenance costs over the life of the building; and serve as a model to others. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA, in public meeting assembled: That shall be the policy of the COUNTY to finance, plan, design, construct, manage, renovate, commission, maintain and deconstruct its facilities and buildings to be sustainable. It is the County's intent that all buildings constructed or owned meet the highest level of high performance building certification feasible, not merely the minimum level of USGBC LEED, Florida Green Building Coalition Green Buildings certification, or any comparable performance criterion. That any type of new COUNTY building or facility that is not applicable to the USGBC LEED Rating System shall at a minimum incorporate the USGBC LEED checklist into the planning and construction of the facility. That all m~or renovations and remodels performed on COUNTY buildings or facilities incorporate sustainable design and construction guidelines in the form of the USGBC LEED Certification or another comparable certification standard is available for existing buildings. The COUNTY will encourage voluntary green building through a "Green Building Program" as described in this resolution. The COUNTY will be a leader in environmental design and construction in order to ensure the future property and resource independence of the community, and to lay the foundation for environmentally, socially and economically sustainable development throughout the county and state. Sarasota County Green Duildin! Proe:ram Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. a) "County" means the Sarasota County, Florida; b.) "County Commission" means the Board of County Commission of Sarasota County, Florida; c) "County-owned civic or office construction project" means County owned buildings; providing a public gathering place or office facilities; d) "construction" means any project associated with the creation, development, or erection of any building eligible for the Program; TPA#2024168.1 -2- D')(\(\,_ e) "FGBC" means the Florida Green Building Coalition; f) "green building" means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems, and materials; g) "GHDS" means the Green Home Designation Standard of the Florida Green Building Coalition; h) "LEED" means the most recent edition of the Leadership in Energy and Environmental Design Green Building Rating System, of the United States Green Building Council; i) "private" means property not owned by the County of Sarasota, Florida; j) "Program" means the Sarasota County Green Building Program; k) "program certification" means the final designation awarded to a program participant for satisfying all requirements associated with the Program for a particular project; 1) "program participant" means any person or entity seeking program certification for a particular project; m) "project" means any construction associated with the creation, development, or erection of any building eligible for the Program; n) "Project Application Form" means the form submitted to the Inspection and Permitting Services indicating that a program participant is interested in participating in the Program for a particular project; 0) "sub-program" means any construction covered by the Program; p) "USGBC" means the United States Green Building Council Intent and Purpose The purpose of the Program shall be to provide the Sarasota County community with a certification-based "green building" program. It is expected that the County owned civic or office construction projects will follow the program guidelines. This Program will be voluntary for all others. This program will promote sustainable and environmentally- friendly design and construction practices. Desienation of Responsibilitv for Administration and Implementation. The Program shall be administered by the Planning & Development Services Business Center, Inspections & Permitting Services, which shall be responsible for: a) Funding the Program through annual funds budgeted and appropriated by the Board of County Commission; b) Marketing the Program to the Sarasota County community by any reasonably effective means, including but not limited to print advertising, press releases, television advertising, or advertising in monthly mailers; c) Developing any appropriate or necessary application procedures, including but not limited to, the Program Application Form; d) Providing an incentive award to any program participant who has successfully satisfied the requirements associated with that incentive; and e) Resolving any disputes that may arise from implementing the Program. TPA#2024168.1 - 3- v")oo,_ Proe:ram. a) For all non-county projects, the Program shall be voluntary. b) For any County-owned civic or office construction project, the County is expected to participate in the Progr~ unless the Board of County Commissioners determines that the cost (e.g. time, function, or funding) associated with participating in the Program significantly outweighs the benefits, c) The County Administrator or designee shall develop policies and procedures to implement the Green Building Program. Scope The Program shall be administered on a per-unit basis. For the purpose of this section of the Program "per-unit" means each unit built, except that any multi-family dwelling or similarly clustered structure may be counted as one unit, as determined by the County Administrator or designee. Coverae:e The Program shall be comprised of the following sub-programs: a) New residential construction; b) Residential retrofitting/remodeling; c) New commercial/non-county construction, not including any expanSIOns or remodeling; d) County-owned civic or office construction, including any major expansions or remodeling. Standards The Program shall be administered using standards developed by Sarasota County for certification of retrofitting/remodeling of existing residential units and standards developed by I) the Florida Green Building Coalition (FGBC) and 2) the U.S. Green Building Council (USGBC) for certification of all other building certifications. These standards shall apply to each sub-program as follows: a) GHDS. For any program participant seeking program certification for new residential construction the program participant must satisfy all of the requirements associated with the current Green Home Designation Standards (GHDS) of the FGBC, including but not limited to, any monetary or certification requirements. For the purpose of this section of the Program, "current" means at the time a program participant submits a Project Application Form with the Inspections & Permitting Services. b) LEED. For any program participant seeking program certification for new commercial/non-county construction or new county civic or office construction, the program participant must satisfy all of the requirements associated with the most current USGBC LEED standard, including but not limited to any monetary or certification requirements. TP A#2024168.1 -4- D')()(),_ c) Review. For the purpose of this section of the Program, a program participant shall be bound by the standard designated for a particular sub-program unless the program participant both requests, to be certified under a more current version of a designated standard and the request is approved by Inspections & Permitting Services. Incentives The Program shall consist of incentives designed to encourage the use of the Program. a) All sub-programs. For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling, new commercial/non-county construction or new County owned civic or office construction, the County's Development Services Fund 102 shall provide the following incentives: 1) Fast-track permitting for building permits; 2) Reduced building permit fee, which shall equal fifty percent, up to a maximum of $1,000 of the building permit fee subject to availability of funds; 3) No person or entity shall receive more that $5,000 in permit fee refunds; 4) A maximum of $50,000 per year shall be spent on building permit fee refunds; 5) Final project designation by the County. b) Mark.eting for all sub-programs. For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling new commercial/non-county construction, or new county owned civic or office construction projects, the County shall provide the following marketing incentives, including but not limited to: 1) The erection of building site signs designating a project under the Program; 2) The inclusion of program participants on a County webpage dedicated to the Program; 3) The creation of promotional packages, such as a program logo for a program participant's advertisements or brochures; 4) Press releases; and 5) Information about available fmancial programs, including but not limited to those associated with Fannie MaeIFreddie Mac. c) Green Building Award. For the purpose of publicly recognizing outstanding commitment to "green building" the Program shall provide for an award called the "Green Building A ward" to be awarded annually by the Board of County Commissioners to one program participant in each sub-program. TP A#2024 I 68. 1 - 5- D")()(),_ r , .~ "'~ Certification A project shall be subject to certification by a qualified third party or County employee who has been trained and certified as a Green Home Certifying Agent or LEED Accredited Professional. For the purpose ofthis section of the Program, "third party" means any person or entity authorized by the FGBC or the USGBC to verify that a program participant has satisfied any or all of the requirements associated with the standard designated for a particular project. Trainin2 Inspections & Permitting Services shall conduct at least one training workshop per year for the purpose of educating potential or current program participants about the Program. Pro2ram review a) Staff review. Inspections & Permitting Services shall initiate a review of the Program as necessary to determine the need for change in the program to increase its effectiveness. b) Frequency. The program shall be subject to review one year after the effective date of this resolution and thereafter at a frequency of no more than once per year. c) Purpose. The purpose of reviewing the Program includes but is not limited to updating program incentives, recommending program or market changes, reviewing suggestions made by program participants, and annually awarding the Green Building Award. TIlls resolution shall become effective on PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA THIS DAY OF , 2005. ATTEST: KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Offcio Clerk of the Board of County Commissioners of Sarasota County, Florida BY: Deputy Clerk BOARD OF COUNTY COMMSSIONERS OF SARASOTA COUNTY, FLORIDA BY: Chairman TP A#2024 I 68. I - 6- D ')()(),_ ARTICLE 1.5. GAINESVILLE GREEN BUILDING PROGRAM Sec. 6-5. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. City means the City of Gainesville, Florida. City commission means the City Commission of the City of Gainesville, Florida. City-owned civic or office construction project means city-owned buildings providing a public gathering place or office facilities. Construction means any project associated with the creation, development, or erection of any building eligible for the program. FGBC means the Florida Green Building Coalition. GHDS means the Green Home Designation Standard of the Florida Green Building Coalition. Green building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems, and materials. Independent or independent of the city means not employed by, or acting as agents of, the city. L.E.E.D. 2.0 means the Leadership in Energy and Environmental Design Rating System, Version 2.0, of the U.S. Green Building Council. Municipal means owned by the city. Private means property not owned by the city. Program means the city green building program. Program certification means the final designation awarded to a program participant for satisfying all requirements associated with the program for a particular project. Program participant means any person or entity seeking program certification for a particular project. Project means any construction associated with the creation, development, or erection of any building eligible for the program. Project application form means the form submitted to the building inspection department indicating that a program participant is interested in participating in the program for a particular project. Sub-program means any area of construction covered by the program. USGBC means the U.S. Green Building Council. (Ord. No. 001835, S 1,10-14-02) Sec. 6-6. Intent and purpose. The purpose of the program shall be to provide the city community with a certification- based "green building" program. It is expected that city owned civic or office construction projects will follow the program guidelines, upon review by the city commission. This program will be voluntary for all others. This program will promote sustainable and environmentally-friendly practices of construction and design. (Ord. No. 001835, S 1, 10-14-02) Sec. 6-7. Designation of responsibility for administration and implementation. The program shall be jointly administered by the building inspection department and city regional utilities, which shall be responsible for: (1) Funding the program through annual funds budgeted and appropriated by the city commission; (2) Marketing the program to the Gainesville community by any reasonably effective means, including but not limited to print advertising, press releases, television advertising, or advertising in monthly mailers; (3) Developing any appropriate or necessary application procedures~ including but not limited to, the program application form; (4) Providing an incentive award to any program participant who has successfully satisfied the requirements associated with that incentive; and (5) Resolving disputes that may arise from implementing the program. (Ord. No. 001835, ~ 1, 10-14-02) Sec. 6-8. Program. (a) For all non-city projects, the program shall be voluntary. (b) For any city-owned civic or office construction project, the city is expected to participate in the program unless the city commission determines that the cost (e.g., time, function, or funding) associated with participating in the program significantly outweighs the benefits of participating in the program to the city. (c) The city manager and the general manager for utilities or their designees shall develop policies and procedures to implement the green building program. (Ord. No. 001835,9 1, 10-14-02) Sec. 6-9. Scope. The program shall be administered on a per-unit basis. For the purpose of this section of the program, "per-unit" means each unit built, except that any multi-family dwelling or similarly clustered structure may count as one unit, as determined by the city manager or general manager for utilities or their designee(s). (Ord. No. 001835, 91,10-14-02) Sec. 6-10. Coverage. The program shall be comprised of the following sub-programs: (1) New residential construction; (2) Residential retrofitting/remodeling; (3) New commercial/non-city construction, not including any expansions or remodeling; and (4) City-owned civic or office construction, not including any expansions or remodeling. (Ord. No. 001835, 9 1,10-14-02) Sec. 6-11. Standards. The program shall be administered using stand~rds developed by the city for certification of retrofitting/remodeling of existing residential units and standards developed by 1) the Florida Green Building Coalition and 2) the U.S. Green Building Council for certification of all other building certifications. These standards shall apply to each sub-program as follows: (1) GHDS. For any program participant seeking program certification for new residential construction the program participant must satisfy all of the requirements associated with the current Green Home Designation Standard of the FGBC, including but not limited to, any monetary or certification requirements. For the purpose of this section of the program, "current" means at the time a program participant submits a project application form with the building inspection department. A set of standards developed by the city will be used for certification of residential retrofitting/remodeling. (2) L.E.E.D. 2.0. For any program participant seeking program certification for new commercial/non-city construction or new municipal civic or office construction, the program participant must satisfy all of the requirements associated with the L.E.E.D. 2.0, including but not limited to any monetary or certification requirements. (3) Review. For the purpose of this section of the program, a program participant shall be bound by the standard designated for a particular sub-program unless the program participant both requests to be certified under a more current version of a designated standard and the request is approved by the city department responsible for administering the particular program. (Ord. No. 001835, ~ 1,10-14-02) Sec. 6-12. Incentives. The program shall consist of incentives designed to encourage the use of the program. (1) All sub-programs. For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling, new commercial/non-city construction, or new city owned civic or office construction, the city's general government shall provide the following incentives: a. Fast-track permitting for building permits. b. Reduced permitting fee, which shall equal 50 percent of the fee required for a non- program participant, subject to availability of funds; if program participant is building in a designated enterprise zone, then the reduced permitting fee shall be 50 percent off the usual permitting fee in the enterprise zone. c. Final project designation by the city. (2) Sub-program of retrofitting/remodeling. Any program participant meeting program certification criteria for multi-family residential retrofitting/remodeling. shall be eligible for the following incentives provided by GRU. J , a. A cash renovation incentive, subject to availability of funds; and b. A solar water heater incentive, subject to availability of funds and meeting other solar rebate program requirements. (3) Marketing for all sub-programs. For any program participant seeking program certification for new residential construction, residential retrofitting/remodeling, new commercial/non-municipal construction, or new city owned civic or office construction projects, the city's general government shall provide the following marketing incentives, including but not limited to: a. The erection of building site signs designating a project under the program; b. The inclusion of program participants on a city webpage dedicated to the program; c. The creation of promotional packages such as a program logo for a program participant's advertisements or brochures; d. Press releases; and e. Information about available financial programs, including but not limited to, those associated with Fannie Mae/Freddie Mac. (4) Green building award. For the purpose of publicly recognizing outstanding commitment to "green building," the program shall provide for an award called the "green building award" to be awarded annually by the city's general government to one program participant in each sub-program. (Ord. No. 001835, 9 1, 10-14-02) Sec. 6-13. Certification. The program shall be subject to certification by a qualified third party who has been trained and certified as a green building rater. For the purpose of this section of the program, "third party" means any person or entity authorized by the FGBC or the USGBC to verify that a program participant has satisfied any or all of the requirements associated with the standard designated for a particular project. (Ord. No. 001835, 9 1, 10-14-02) Sec. 6-14. Training. The building inspection department in conjunction with FGBC shall conduct at least one training workshop per year for the purpose of educating potential or current program participants about the program. (Ord. No. 001835, S 1,10-14-02) Sec. 6-15. Program review. (a) Staff review. The building inspection department shall initiate a review of the program with the assistance of GRU as necessary to determine the need for changes in the program to increase it effectiveness. (b) Frequency. The program shall be subject to review one year after the effective date of this ordinance and thereafter at a frequency of no more than once per year. (c) Purpose. The purpose of reviewing the program includes but is not limited to updating program incentives, recommending program or marketing changes to the city, reviewing suggestions made by program participants, and annually awarding the green building award in accordance with section 6-12(d) of the program. (Ord. No. 001835, S 1,10-14-02) ~~..!..~..!..irII.~~..~.--- .......~...----- , "t' quick facts on. ~ n Xeriscape: How to Save Water Through Water-smart Landscaping The South Florida Water Management District is a regional, governmental agency that oversees the water resources in the southern half of the state. It is the oldest and largest of the state's five water management districts. Our Mission is to manage and protect water resources of the region by balancing and improving water quality, nood control, natural systems, and water supply. Did you know that half of residential water is used for outdoor irrigation? You can cut your outdoor water use substantially with water-conserving plants and use of Xeriscape principles. Xeriscape is water conservation through creative landscaping. The term Xeriscaping means water-conserving, drought-tolerant landscaping, or simply the use of the right plant in the right place-with proper maintenance and water-wise watering. Follow the seven fundamentals of Xeriscape systematically and you'll be well on your way to saving water! 1. Design your landscape. Careful planning is crucial to the long-term success ofaXeriscape landscape. You can minimize your initial investment by installing your Xeriscape in phases. First, make a simple site plan drawing of your property. Note slopes, drainage prob- lems and existing plants and trees. Also note shaded and sunny areas. Determine the areas that will be irrigated when you select plants. 2. Select the right plant for the right area. Select and group plants according to their water needs to eliminate unnecessary watering. You should have three zones in your site plan: Natural zones: Plants in this area can live on rainfall. They can be native plants or cultivated plants that have adapted to Florida. Low water or .drought-tolerant" zones: Plants in these areas can survive mostly on rainfall. Moderate or "oasis" water zones: These areas require regular watering and should be limited as accents In your Xeriscape. Keep these zones functional, such as,enbyways, turi areas and fruit or vegetable gardens. Determine the acid and Sea grape ,,"';" '''':J;jJ'''''''''~' ,..".j" 8",~ ~'~ ..... \" ", , - ' '-".' , . ~!i..~ r,."'~,,"'.,- MARCH 12, 2001 planting. You can mix organic matter such as compost, peat, manure or topsoil into sandy soils for enrichment and to retain moisture. 4. Have limited turf areas. Turf is the single largest consumer of water in a landscape. Always look for drought-tolerant turi varieties. Consider mulch as an alternative to turf. Avoid long, narrow turf areas because they are difficult to water efficiently. 5. Water wisely. Drought-tolerant plants can survive mostly on rainfall. If watering is necessary, do it only in the early morning, and in accordance with any water restrictions, to reduce evaporation. Remember, Florida Statutes require that all new automatic lawn sprinkler systems must have a rain sensor device or shut-off switch which overrides the system cycle following adequate rainfall. Water trees, shrubs, flowers and ground covers with low-volume drip or spray heads. These low-volume methods include "soaker hoses" in which water escapes through tiny holes in the hose. Apply the "soaker hose" to the root zone of the plant so that the water does not run off the root area. 6. Use mulches. Mulches limit weed growth and retain moisture. Two to three inches of mulch on garden beds and walkways also reduces weed growth and slows erosion. Avoid cypress mulch. Use other organic mulches such as recycled mulch, bark chips, wood shavings or pine straw/needles. Z Properly maintain your landscape. Overwatering increases the risk of plant disease. To encourage deep rooting and more drought-resistance, water plants thoroughly without over-watering. Fertilize properly: excessive fertillterptolTtc)tel.j:~~ fast, but weak growth and actually increases a plant's Water needs,' as '. doesover'pfuhll1g{~,0i\t;i~;~i?i;:;~'ijfillf XERISCAPE Plants for Your Xeriscape Some people think of a desert scene when they hear .Xeriscape;' but this is not the look of a typical Xeriscape. Some of the "Florida Favorites" you can use for your Xeriscape landscape are listed here. Several of them are lush and tropical-looking. They will add to the beauty of your landscape while conserving water. Consult your nursery professional for information on which of these plants are appropriate for your region. Trees Bald cypress (Taxodium distichum) Dahoon holly (lIex cassin~ Geiger tree (Cordia sebestena) Gumbo Limbo (Bursera simaruba) Ironwood (Krugiodendron ferreum) Live oak (Quercus virginiana) Magnolia, southern (Magno/ia grandif/ora) Magnolia, sweet bay Sweet bay magnolia (Magnolia virginiana) Myrsine (Rapanea guianensiS) Paradise tree (Simarouba g/auca) Pigeon plum (Cocc%ba diversifolia) Red bay (Persea borbonia) Red maple (Acer rubrum) Sea grape (Cocc%ba uvifera) Silver buttonwood (Conocarpus eredus var. sericeuS) Simpson's stopper (Myricanthes fragranS) Slash pine (Pinus elliotti~ Southern red cedar (Juniperus silicico/a) Trumpet tree (Tabebuia spp.) Shrubs Beautyberry (Callicarpa americana) Cocoplum (Chrysoba/anus icaco) Coral bean (Erythrina herbacea) Crinum lily (Crinum asiaticum) Firebush (Hamelia patenS) Florida privet (Forestiera segregata) Holly, Stokes dwarf (lIex vomitorici) Jamaica caper (Capparis cyanophallophora) Marlberry (Ardisia escallonioideS) Necklace pod (Sophora tomentosci) Walter's viburnum (Viburnum obovatum) Wax myrtle (Myrica ceriferci) White indigo berry (Randia acu/eata) White stopper (Eugenia axillariS) Wild coffee (Psychotria nervosa) Wild coffee, dwarf (Psychotria ligustrifo/ia) -lm1LillI}~;llf"%Y;Y~ ~"ttl!l"AlL KR 4/18/01 South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 561-686-8800. FL WAYS 800-432-2045 www.sfwmd.gov MAILING ADDRESS: P.O. Box 24680 West Palm Beach, Fl 33416-4680 Palms and Cycads Buccaneer or Sargent's palm (Pseudop/70enix sargenti~ Cabbage palm (Saba/ pa/mettd) Coontie (Zamia pumila) Paurotis/Everglades palm (Acoe/orrhaphe wrighti~ Queen sago (Cycas circinaliS) Royal palm (Roystonea e/ata) Saw palmetto (Serenoa repenS) Thatch palm (Thrinax spp.) Ferns Boston fern (Nephro/epis exa/tata) leather fern (Acrostichum danaeifolium) Swamp fern (B/echnum serru/aturri) A successfully Xerlscaped yard Accent Grasse~, Vines and Groundcovers Bougainvillea (Bouganvillea spedabiliS) Coral honeysuckle (Lonicera sempervirenS) Cordgrass (Spartina baker~ Corky-stemmed passion-flower (Passif/ora suberosa) Fakahatchee grass (Tripsacum dady/oideSj Florida gama grass (Tripsacum f1oridanurri) lantana, trailing (Lantana montevidensiS) Liriope (Liriope muscar~ Mondo grass (Ophiopogon japonicuS) Purple love grass (Eragrostis spedabiliS) Railroad vine (Ipomoea pes-capra~ Sea oats (Uniola panicu/ata) Annuals/Perennials/Wildflowers Beach sunflower (Helianthus debiliS) Black-eyed Susan (Rudbeckia hirta) Blanket flower (Gaillardia pu/chella) lantana, pinel and (Lantana depressa) lantana, wild (Lantana invo/ucrata) Pentas (Pentas /anceo/ata) Porter weed (Stachytarpheta jamaicensiS) Sea oxeye daisy (Borrichia frutescenS) Spider lily (Hymenocallis /atifolia) Tickseed (Coreopsis /eavenworthi~ Blanket flower Xeriscape and save time, money and waterl For more information, go to sfwmd.gov. SERVICE CENTERS Big Cypress Basin 941-597-1505 Broward 954-713-3200 Fort Myers 941-338-2929 or 800-248-1201 Florida Keys 305-289-2739 or 800-464-5067 Martin/St. Lucie 561-223-2600 or 800-250-4100 Miami/Dade 305-377-7274 or 800-250-4300 Okeechobee 863-462-5260 or 800-250-4200 Orlando 407-858-6100 or 800-250-4250 Palm 8each 561-682-6302 or 800-432-2045 ext. 6302 ~ The Okeechobee News P.o. Box 639, Okeecbobee, Florida 34973 (863) 763-3134 published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAlL Y Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise~nt, being a 61~ ('yt;;[j/Ub :{~~.~ M$- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 4-4-- I L{-(?; -~ 7 , Atliant further says that the said Okeechobee News is a newspaper published at Okeechobee. in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the frrst publication of the attached copy of advertisement; and atliant further says that she has neither paid nor promised any person, fIrm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for plication in the said newspaper. Public Notice 5005 Public Notice 5005 , PUBUC HEARING,NDnCE .' CITY PLANNING BOARDIBOARDDFAoJUSMNT AND APfuLs' NoncE: The Planning BoarlVBoard ,of Ad~stnreiII and Appeals of the City of Qkee. chobee. Florida win meet on 11l!&lIdIY. APIl119, 2007 at &:00 p.lll.oras soon thereafter as possible. The meetin(l wiD be .held .at CIty Hall. S5 Southeast 3td Ave- nue. In the CouncU Chambers. Room 200. Qkeec/iobee. FlOrida. The items Of con- ~deratlon atthis me.eting are: . 'Conduct a Public Hearing to Consider COmprehensive Plan Sman Scale Future Land Use Map Amendment Application No. 07.005-SSA.Theapplicatiol1ls being submilled by Steve DObbs. on behalf of property owner InSite Development Group. The application is to change the Future Land Use from Single FamIly (SFlto MUlti. Famiv (MF) for vacant properly located betWeen Northwest 5111 and 7th Avenues and Northwest 11th and 13th Streets. Legal deSCription: aI of BlOcks 11. 12. 21 and 22, City of OI<eechobee Subd"lYislon, and Is approximatei)' 1 t29 acre\S): TIis succeeds the 10 acre limitation as allowed for 'an area deSIgnated Rum Area of Critical Economic Concern. The proposed use is to construct a.mullt-family deve~ opment. 'Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07.OlJ6-SSA: . The applicalion is being submitted by Muhammad Nooruddin on behalf of]lroperly owner A.M.S.A. Hold. ings, LlC. The application is to cllarIge the Future Land Use from Single family (SF) to Commercial (C) for property located at 608 NOrthe. ast 2nd AVenu. e. Le,!181 de., sClip1iOn: Lots 3 through 6 of Block 78. CIty of OkeeCIIObee Subdivision and Is ap- proximately 0,64 acre(s), Tl1e proposed use is to remodel the existing residence for a medical office. ' 'Conduct a Public Heartng to Consider Compiehensive Plan Small Scale Future Land Use Map Amendment Application No. 07.007 .SSA. The application is being submitted by Gianinna M~che8 on behalf of properly owner Jesus Silvas ,The appli- catlon is to change the Future Land Use from Slngfe Family (SF) to Commercial, (C) for property located at 1001 Southwesl3rd Avenue. Legal description: LoIS. 7 and 8 of Block 8, South Okeechobee Subdlvi~on and is approximately 0.325 acre(s). Tl1e proposed use Is to remodel the existing residence for a professional busineSS office. 'Conduct a Public Hearing to Consider Rezoning Petition No. 07 -OO4-R. The peti- tion is being submitted by Muhammad Nooruddin on behalf of owner A.M,S.A. IloId- ings, LlC. The petition IS fo change the zoniflg designation from Residential Single Family-One (ASF-1) to Commercial Professional OIfice (CPO) for property located at 608 Northeast 2nd Avenue. Legal desCliption: Lots 3 through 6 of Block 78. CitY of Okeechobee Subdivi~on. and is approximately 0.64 acres. This petition is associat. ed with Comprehensive Plan Small Scale Future Land Use Map Amendment APPlica. tion 07 -006.SSA, 'Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LOA's Sec. 90-283{2l) sub- milled by property owners Ivan and Zoraida Lujan.' The subject p~rty is lOcated at 906 South Parrott Avenue, Legal description: Lots 3 through 5 Ollllocl< 6, South Okeechobee Subdivision Petition No, 07 -OO3.SE. 'Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan. which include the Land Development Regulations (LOR's) and render a recommendatIOn to the City Councillor conSideration and final adoption, A copy. of tne entire application(s) and agenda are avaiiable In tne General Services Office. Rm 101 at City Hall or by calling Belty Clemenl at (863) 763-3372 , 218. Please be adVised tnat tne Board of Adjustmenl and Appeals wUl serve as the deci. Sian ma~ng body (quasi-judicial). on behall of the City. to approve or deny Special Exceptions or Variance Application(s). The Planning 80ard will make recommenda- tions to the City Council tor consideration and final adoption of comprehensive Plan Amendments, Rezoning Applicatlons and Land Development Regulations (LOR's) Amendments. PlEASE TAKE NOTICE AND 8E ADViSED that II any person desireS to apPeal any deci~on made by the Planning Board/BOard of Adlustments and Appeals with re' spec! to any matter considered at !hi, .smeeting. or hearing will need to ensure aver. batim record of the proceedings is malle. which tecorlllnclUdes the testimOnY and evidence upon which the appeal is to be based. Tapes are used for the sole pur- pose of back-up for the Cler1<'s Office. ' In accordance wi1h the Americans wi1h Disabilities Act (ADA) and Florida SlaMe 286.2ti, persons wi1h disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no illter than two (2) workinQ days prior to the proceeding at 863.763-3372 x 218; II you are hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888.447-5620 (TlY). BY: Brian Whitehall, Zoning Admlflistralor 202730 ON 4/4,13107 \U&lllll. . : .f':~l P~% Comm# 000563848 : . =~~~'t>~ . ~ 7 :~.;~. j Expires 6/1412010 : . ";~ ;:: . d of A.D. 20 D : """r(}<~.,~~ Florida """~~Assn Jnc : . ~Ifl~ .~7.. [!em PJ/i;;' -<.-1 ;:;(, C/bJ.I a.J L........................................; Notary Public, State ofFlonda at Large 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning & Management Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared fOr: Applicant: Petition No. The City of Okeechobee Jesus Silvas o 7-00 7-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Jesus Silvas Petition No. 07-007 -SSA General Information Applicant Address: 1105 SW 4th St. Okeechobee, FL 34974 Applicant Fax Number: 863-357-1578 Owner: Jesus Silvas Proposed Future Land Use Map Classification Zoning District Use of Property Acreage Location: 10th Street Existing Sirtgle..F~ily RSF-1 Single Family 0.325 None Contractor's Office 0.325 Legal Description: LOT 7 AND 8, SOUTH OKEECHOBEE, ACCORDING TO THE PLA T THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.325 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small-Scale Amendment to the Comprehensive Plan. Adjacent Future land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land .Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF -I Single Family Residences Single Family RSF-I Single Family Residences Single Family and Commercial RSF-I and CPO Churches Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Jesus Silvas Petition No. 07-007 -SSA West: Future Land Use Map Classification: Zoning District: Single Family Summary: The subject property is located in the southwest quadrant of the City. The property is developed with a I-story wood frame house. The applicant would like to convert this residence into an office which will be used by a contractor. The zoning for the subject property is RSF -1 which is consistent with the current Future Land Use classification and the existing use of the property. The surrounding area is a single family neighborhood and a commercial office would be out of place if allowed. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request for a Commercial Future Land Use category is inconsistent with the Comprehensive Plan. Single Family neighborhoods should be protected from intrusive land use types which generate traffic and other activities inconsistent with the quiet residential character of the area. Policy 2.4 states that the City must establish compatibility criteria for adjacent land uses. If approved, the proposed Commercial category at this location would be contrary to the intended use of commercial areas as prescribed by the Comprehensive Plan and the Land Development Code. B. Concurrency of Adequate Public Facilities If approved, adequate public facilities will be available to the site. C. Compatibility with Adjacent and Nearby Land Uses The requested Commercial Future Land Use classification for the subject property is not deemed compatible with the residential neighborhood in which it is located. Nearby commercial uses have more direct access to roadways, which serves the commercial uses located along them (such as, Parrott Avenue and SW 2nd Avenue.) Approval of the Commercial Future Land Use category could cause potentially more commercial traffic in the neighborhood as a result of any number of more intense commercial uses, which could be permitted to operate at this site. D. Compliance with Specific Standards of the Plan. The proposed map change will cause more intensive uses than the other existing and future land uses in this neighborhood. 2 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Jesus Silvas Petition No. 07-007 -SSA Analysis and Conclusions Staff does not recommend approval of the applicant's request to amend the Future Land Use Map to Commercial because the proposed amendment is inconsistent with the Comprehensive Plan and could be detrimental to the surrounding residential area. Submitted by: James G. LaRue, AICP April 11, 2007 .., -' Email TRANSMITTAL CITY OF OKEECHOBEE Office of the City Clerk (863) 763-3372 ext 215 to: Email: re: date: from: Independent Newspapers, Inc. - Okeechobee News - Legal Ad Department jlevy@newszap.com April PB/BOA Meeting April 2, 2007 Melisa Eddings, Deputy Clerk AD 1 OF 1: Please publish the following advertisement as a Legal on Wednesday, April 4, 2007 and Friday, April 13, 2007. Proof of publication requested. Attached is our purchase requisition #013358. PUBLIC HEARING NOTICE CITY PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS NOTICE: The Planning Board/Board of Adjustment and Appeals of the City of Okeechobee, Florida will meet on Thursday, April 19, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. The items of consideration at this meeting are: · Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -005-SSA The application is being submitted by Steve Dobbs, on behalf of property owner InSite Development Group. The application is to change the Future Land Use from Single Family (SF) to Multi- Family (MF) for vacant property located between Northwest 5th and yth Avenues and Northwest 11 th and 13th Streets. Legal description: all of Blocks 11, 12, 21 and 22, City of Okeechobee Subdivision, and is approximately 11.29 acre(s). This succeeds the 10 acre limitation as allowed for an area designated Rural Area of Critical Economic Concern. The proposed use is to construct a multi-family development. · Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -006-SSA The application is being submitted by Muhammad Nooruddin on behalf of property owner AM.S.A Holdings, LLC. The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision and is approximately 0.64 acre(s). The proposed use is to remodel the existing residence for a medical office. · Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-007 -SSA The application is being submitted by Gianinna Mitchell on behalf of property owner Jesus Silvas The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 1001 Southwest 3rd Avenue. Legal description: Lots 7 and 8 of Block 8, South Okeechobee Subdivision and is approximately 0.325 acre(s). The proposed use is to remodel the existing residence for a professional business office. · Conduct a Public Hearing to Consider Rezoning Petition No. 07 -004-R. The petition is being submitted by Muhammad Nooruddin on behalf of owner AM.S.A Holdings, LLC. The petition is to change the zoning designation from Residential Single Family-One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acres. This petition is associated with Comprehensive Plan Small Scale Future Land Use Map Amendment Application 07-006-SSA · Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow a car wash within a Heavy Commercial (CHV) Zoning District (ref. LOR's Sec. 90-283(2)) submitted by property owners Ivan and Zoraida Lujan. The subject property is located at 906 South Parrott Avenue. Legal description: Lots 3 through 5 of Block 6, South Okeechobee Subdivision. Petition No. 07 -003-SE. · Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Development Regulations (LOR's) and render a recommendation to the City Council for consideration and final adoption. A copy of the entire 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 will serve as the decision making body (quasi-judicial), on behalf of the City, to approve or deny Special Exceptions or Variance Application(s). The Planning Board will make recommendations to the City Council for consideration and final adoption of Comprehensive Plan Amendments, Rezoning Applications and Land Development Regulations (LOR's) Amendments. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustments and Appeals with respect to any matter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863-763-3372 x 218; if you are hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). BY: Brian Whitehall, Zoning Administrator Okeechobee County Property Appraiser - Map Printed on 4/9/2007 ] 2:] 9:32 PM Page I of I r01-0() 3-S~ ~~ PARCEL: 3-21-37-35-0040-00060-0030 - REPAIR SER (002500) SOUTH OKEECHOBEE LOTS 34 5 BLOCK 6 Name: LUJAN IVAN & ZORAIDA LandVal Site: 906 S PARROTT AVE, Okeechobee BldgVal . 10820 NW 160TH STREET ApprVal Mall: OKEECHOBEE, FL 349720000 JustVal Sales 1/9/2001 $155,000.001/ Q Assd Info 4/1/1990 $0.00 I / U Exmpt 5/1/1979 $40,000.00 1/ Q Taxable Okeechobee County Property Appraiser w.c. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 $156,600.00 $29,880.00 $207,302.00 $207,302.00 $207,302.00 $0.00 $207,302.00 This information, Last Updated: 3/26/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental 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 reflect 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. Okeechobee County Property Appraiser - Map Printed on 4/9/2007 12:15:09 PM Page 1 of 1 Okeechobee County Property Appraiser w.c. "Bill" Sherman, CFA - Okeechobee, Florida _ 863-763-4422 I (1.05 I 0.1 I 0.15 ,..)i ,. W+-E PARCEL: 3-21-37-35-0040-00080-0070 _ SINGLE FAM (000100) SOUTH OKEECHOBEE LOTS 7 & 8 BLOCK 8 Name: SILVAS JESUS LandVal Site: 1001 SW 3RD AVE, Okeechobee BldgVal 1001 SW 3RD AVENUE ApprVal Mail: OKEECHOBEE, FL 34974 JustVal Sales 12/29/2006 $139,000.001/ Q Assd Info 11/16/2005 $75,000.001/ Q Exmpt 4/1/1982 $22,000.001/ Q Taxable $35,28000 $31,968.00 $67,649.00 $67,649.00 $67,649.00 $0.00 $67,649.00 -~ This information, Last Updated: 3/26/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental 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, iI's use, or iI's interpretation. Although it is periodically updated, this information may not reflect 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. Okeechobee County Property Appraiser - Map Printed on 4/9/2007 12:07:00 PM Page 1 of 1 Okeechobee County Property Appraiser w.c. "Bill" Sherman, CFA - Okeechobee, Florida _ 863-763-4422 I 230 J 460 I 690 ft ~. w+~: PARCEL: 3-15-37-35-0010-00120-0110 _ VACANT (000000) CITY OF OKEECHOBEE LOTS 11 - 16 BLOCK 12 Name: INSITE DEVELOPMENT GROUP LLC LandVal Site: 0, Okeechobee BldgVal 2 NIBLICK LANE ApprVal Mail: COLUMBINEVALLEY.CO 80123 JustVal Sales 1/12/2006 $0,00 V / U Assd Info 1/11/2006 $0.00 V / U Exmpt 1/7/2005 $0.00 V / U Taxable -~ $27,704.00 $0.00 $27,704.00 $27,70400 $27,704.00 $0.00 $27,704.00 This information, Last Updated: 3/26/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental 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 reflect 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. &~ Okeechobee Coun!1 Property Appraiser - Map Printed on 4/9/2007 11 :49: 18 AM () 7~OO if -1\ /15/"-/ to C~O o -a:J -SSA II. .5. . . Srfo Page 1 of 1 N.E.10 TH STREET 3.15-37-35-0010-00780-0050 V<lELDER WILLIAM S o 642AC 12/1612007 - $160.000 - to N.D TO.r.. Rp~n~l:!=I RD Okeechobee County Property Appraiser wc "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 I 1\.10 I ::;;so I 570 H 'I' "'*1-: PARCEL: 3-15-37-35-0010-00780-0050 HX - SINGLE FAM (000100) CITY OF OKEECHOBEE LOTS 3, 4, 5, & 6 BLOCK 78 Name: WELDER WILLIAM S LandVal Site: 608 NE 2ND AVE, Okeechobee BldgVal %A M S A HOLDINGS LLC ApprVal Mail: 906 SW LIGHTHOUSE DRIVE JustVal PALM CITY, FL 34990 Assd Sales 2/16/2007 $160,000,001/ Q Exmpt I ~ 11/1/1994 $0.0011 U Taxable no 10/1/1991 $O.OOI/U .~ $45,00000 $38,069.00 $87,33400 $87,334.00 $65,064.00 $25,000.00 $40,064.00 This information, Last Updated: 3/26/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental 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 reflect 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. ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 1 of9 Rrt ~+~ tCAC(~ ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Sec. 158.170. Purpose. (A) It is the intent and purpose of this district to provide, upon specific application and through the processes of unified planning and coordinated development, for the creation of new neighborhood or community areas offering a physical, social, and economic environment of high quality. Specific objectives of the district include the establishment of an orderly pattern of land uses geared to accommodate both near-term and long-term community needs; the efficient and economical use of land; and appropriate andharmonious variety in physical development; creative design; a high level of living and working amenities. including plentiful open space and recreation opportunities; efficient and effective systems of public facilities and services; a high degree of compatibility with adjacent and nearby existing and future development; appropriate conservation and preservation of natural features and resources; and the staging of development so as to best serve the general welfare of the City. (B) Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulation. and other applicable City regulations to the same degree as in instances where City regulations are intended to control development on a lot-by-Iot basis rather than on a unified development approach. However, it is essential that the regulations and requirements applying to planned unit developments be sufficiently flexible in structure so as to encourage creative and imaginative design in planning and development. Where there are conflicts between the requirements of the general provisions of this chapter or other applicable codes of the City and the requirements established by official action upon a specific planned unit development, the latter requirements shall govern. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.171. Definition. For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning: Planned Unit Development (PUD). Land planned under unified control and developed in a coordinated manner in one (1) or more development phases for uses and structures well suited to the development itself and the surrounding area of which it is a part, according to an approved conceptual plan of development, and with programs for full maintenance and operation of any facilities and services. not to be dedicated to, and accepted by, a public agency for public ownership, operation and maintenance. PUD's may be for commercial, office, industrial, institutional or residential development or for a mixture of various land uses. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.172. Standards for District Establishment. In reaching recommendations and decisions as to rezoning land to PUD classification, the Planning and Zoning Board and the City Council shall apply the following standards in addition to the standards and procedures of sections 158.315 through 158.322 applicable to the rezoning of land generally: (A) Area Requirement. In general, the area of a proposed planned unit development http://libraryl.municode.comlmcc/Doc View/13414/1 /90/136 4/1612007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 2 of9 district will have to be of substantial size to permit its design and development as a cohesive unit fulfilling the stated purpose and objectives of these regulations and to establish the district as a meaningful segment of the larger community. Each proposed district shall therefor be evaluated as to its adequacy in size with respect to both the nature and character of its internal design and to its specific location within the City. The minimum size of a PUO district to be considered for establishment shall be two (2) acres. (B) Relation to Major Transportation Facilities. PUO districts shall be so located with respect to arterial or major streets, highways, collector streets, or other transportation facilities as to provide suitable access to those districts without creating or generating traffic along minor streets in residential areas or districts outside the PUO districts. (C) Relation to Utilities, Public Facilities, and Services. PUO districts shall be required to obtain developers agreements regarding provision of utilities, to meet the requirements of the Comprehensive Plan regarding levels of service (LOS) for public facilities and to meet the requirements of Chapter 160, Concurrency Management System. (0) Physical Character of the Site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion. or other dangers, annoyances, or inconveniences. Condition of soil, ground water level. drainage, and topography shall be appropriate to both kind and pattern of use intended. (E) Consistency with the City Comprehensive Plan. To be eligible for consideration, a PUO rezoning proposal must be found to be consistent with all applicable elements of the City's adopted Comprehensive Plan with respect to both its proposed internal design and its relationship to adjacent areas and the City as a whole. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.173. Permitted Uses. In order to permit maximum flexibility in the design of a proposed planned unit development, no specific permitted uses are established. Uses permitted within a PUO district shall be only those residential, cultural. recreational. business, commercial, industrial, and related uses as are deemed by the City Council to be fully compatible with each other, with the context of the proposed development as a whole, and with the zoning and land use patterns of surrounding areas. The type, general location, and extent of all proposed uses shall be clearly designated as part of the conceptual development plan, and approval of those uses or types of uses as part of a rezoning amendment shall constitute the permitted land use requirements of a particular PUO district to the same extent and degree as were those permitted uses specifically included within these regulations. Any proposed change of approved land usage, other than necessary minor refinements in size, configuration, or location as may be required in the preparation of the detailed development plans, shall require a new hearing and approval action in accordance with the administrative review and approval procedures herein established. Accessory uses normally associated with the uses permitted as part of the approval action upon a specific PUO proposal shall be permitted at those locations and in an intensity as normally provided for that development within other zoning districts of the city, unless accessory uses are expressly prohibited within the approval action or are otherwise regulated by that action. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.174. Internal PUD Design; Standards. (A) Residential Density. The number and type of residential dwelling units to be permitted http://libraryl.municode.comlmcc/Doc View/13414/l/90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 3 of9 within a PUD district or within specific portions of a PUD district shall be as determined by the City Council and stipulated within the approval action. Maximum gross residential density of a PUD district shall be determined by the densities set forth in the City's Comprehensive Plan. (B) Access. Every dwelling unit or other use permitted within a PUD district shall have access to a public or private street (of the type required for the PUD under subsection 158.172(B)) either directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. (C) Internal Lots and Frontage. (1) No minimum lot sizes or minimum yards are established for a PUD district under these regulations. However, the applicable minimum lot size and yard size requirements of conventional zoning districts shall be utilized wherever proposed PUD development is essentially equivalent to that development permitted under conventional zoning district classifications. In addition, wherever land within a PUD district has frontage upon preexisting public roads, the front yard requirement of the conventional zoning district most applicable to the use or uses proposed for that land shall apply; and wherever yards within a PUD district abut a conventional zoning district, those yards shall comply with the yard requirements of the conventional zoning district. Where appropriate, the City Council may stipulate minimum lot sizes and minimum yard requirements as part of the approval action. (2) Land area which would normally be required for residential lots, but which is not so used under the permitted lot size reduction provisions of this section of the chapter, shall be devoted instead to common open space for the enjoyment and use by residents of the development and shall be preserved into perpetuity as open space. (D) Minimum Living Area. The minimum living area requirements shall be as stipulated within the approval action. (E) Maximum Building Height. The maximum height of all residential structures not within a PUD, shall be thirty-five (35) feet. Within a PUD, greater than five (5) acres, the maximum height permitted is seventy-five (75) feet. Any structure greater than thirty-five (35) feet in height shall be required to maintain a setback from the property line of such PUD of one hundred (100) percent of the building height, except for PUDs located within the Port St. Lucie Community Redevelopment Area. The maximum height forcommercial, office, and institutional uses within a PUD located in the Port St. Lucie Community Redevelopment Area may be one hundred twenty (120) feet or ten (10) stories, whichever is less. All such height requests are contingent upon the approval of a master plan and elevation drawings. which illustrate that the proposed height is compatible with the surrounding land uses. The applicant is required to provide adequate information to support the compatibility of the proposed taller structures with the surrounding land uses. (F) Provision for Vehicular and Pedestrian Circulation. (1) The street and roadway pattern within a PUD shall be designed so as to take advantage of existing natural features and shall provide for a logical and orderly movement of vehicular traffic throughout the development. Provisions shall be made for the reservation or dedication of all rights-of-way needed for the improvement of existing streets or the construction of new streets indicated within the City's adopted Comprehensive Plan. The internal street system shall be properly coordinated with all existing streets and roadways at the project's boundaries, and all streets shall be designed in accordance with City standards and requirements including section 156.098 which limits cul-de-sac lengths to a maximum of one thousand (1,000) feet. (2) Reductions of right-of-way widths below those normally required may be granted in specific cases where the City Council finds lesser widths are appropriate due to the unique design of the PUD. http://libraryl.municode.comlmcc/Doc View/13414/l/90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 4 of9 (3) Provision shall be made within a PUD for the separation of vehicular and pedestrian traffic. and a system of sidewalks or pedestrian ways shall be incorporated into the PUD design for the exclusive use of pedestrians. (G) Off-Street Parking and Off-Street Loading Requirements. Off-street parking and off-street loading facilities shall be provided as set forth within section 158.221. Compact parking space standards may be used for up to thirty (30%) percent of the total required spaces. A compact parking space shall have a minimum of seven and one-half-foot width and length of fifteen (15) feet. (H) Provision for Public Facilities and Services. Provision shall be made within a PUD district for all public facilities and services deemed essential by the City Council for location and establishment within that district. Required sites for facilities and services shall be of such sizes, proportions. and location so as to effectively serve their intended purposes in a manner beneficial to future residents of the development and to the City as a whole. These sites shall be dedicated to the City or other applicable public body at no cost. (I) Underground Utilities. Within a PUD, all utilities, including telephone, television cable, and electrical systems shall be installed underground. Appurtenances to these systems which require above-ground installation shall be effectively screened and, thereby, may be exempted from this requirement. Primary facilities providing services to the site of the PUD may be exempted. (J) Protection of Natural Features. Provision shall be made within the design of a PUD for the protection and conservation of significant natural features within or adjacent to the site. Where any alteration of those features is required as part of the development proposed within the PUD district. the developer shall replace the altered features with natural features or areas acceptable to the City. (K) Buffering. Wherever essential to ensure compatibility, land use areas within a PUD shall be suitably screened from each other and from adjacent development or roadways outside the PUD by appropriate buffering materials. Buffering shall be provided by use of natural vegetation, landscaping berms, or decorative wood or masonry walls. (L) Commercial and Industrial Development. In general, commercial or industrial uses within a PUD district shall be only those deemed essential to serve the needs of the PUD residents and not the general needs of the surrounding area. However, where it is found by the City that the lands within a proposed PUD district are appropriately located and of proper size and configuration so as to serve an existing or future need or commercial or industrial development of the larger community, provision for the development may be included within that proposed PUD district. No commercial or industrial uses shall be approved as part of a PUD unless the location, site size, and proposed intensity of those uses are found to be consistent with the City's adopted Comprehensive Plan. (Ord. No. 98-84, ~ 1, 3-22-99; Ord. No. 02-92, ~ 1,11-25-02; Ord. No. 05-27, ~ 1, 3-14-05) Sec. 158.175. Rezoning of Land to PUD; Procedure. The procedure for rezoning of land to PUD classification is set forth within sections 158.315 through 158.322 and applying to the rezoning of land generally. (A) Applications, Materials to be Submitted. In addition to information required for application for rezoning generally under sections 158.315 through 158.322, the applicant shall submit the following materials or data: (1) A statement presenting firm evidence of the unified control of the entire area within the proposed PUD. The applicant shall State agreement to: http://library1.municode.comfmcc/DocView/13414/1I90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 5 of9 Proceed with the proposed development according to the provisions of these zoning regulations and any conditions as may be attached to the rezoning of the land to PUD; provide agreements, contracts, deed restrictions, and sureties acceptable to the City for completion of the development according to the plans approved at the time of rezoning to PUD, and for continuing operation and maintenance of those areas, functions, and facilities as are not to be provided. operated. or maintained at public expense; andbind all successors in title to any commitments made under this subsection (A)(1). All agreements and evidence of unified control shall be examined by the City Attorney and no rezoning of land to PUD classification shall be adopted without a certification of the City Attorney that agreements and evidence of unified control meet the requirements of these zoning regulations. (2) A statement as to the density of development sought for the PUD and the supporting evidence or documentation as the applicant may feel is pertinent to enable the Planning and Zoning Board and the City Council to determine whether or not the density of development requested is reasonable and proper. (3) A conceptual development plan which is processed under sections 158.235 through 158.245. (4) Proposed zoning district regulations such as minimum rear side, and front yards, maximum building coverage, minimum building height (nonresidential only), permitted uses and accessory uses, minimum lot requirements, minimum internal rear. side or front yards, minimum living area, as may be relevant to the PUD proposed. (5) A statement showing proposed modifications of zoning or other applicable City regulations where it is intended by the applicant that the modification serves the public interest to an equivalent degree. (6) Where necessary due to the unique character of the land involved, the size or intensity of the proposed development, or the types of proposed uses, the applicant may wish to submit or may be required by the City to submit one (1) or more of the following: an ecological survey; a comprehensive drainage study; a school impact study, including a letter from the county school board in keeping with the provisions of F.S. ~ 235.193; a recreation impact study; a traffic impact study; or a marketability study. (B) Procedures. On applications for rezoning of land to PUD classification. the Planning and Zoning Board and the City Council shall proceed in general as for other applications for rezoning of land and approval of a conceptual site plan. PUD's generally require several revisions to the conceptual development plan prior to a final recommendation. The applicant should consider this in scheduling for final approvals. (1) The site plan review committee shall review each PUD plan and vote to recommend approval, to recommend approval with conditions, or to recommend denial of the conceptual development plan. The recommendation shall be forwarded to the Planning and Zoning Board with the application. (2) In recommending rezoning of land to PUD classification, the Planning and Zoning Board may recommend and the City Council may attach suitable conditions, safeguards, and stipulations, including but not limited to the following: a. Types or categories of land uses to be permitted within the district or specified portions thereof; b. Residential density to be permitted within the district or specified portions thereof; c. Minimum building lot sizes, required yards, building setbacks, floor area requirements, and maximum impervious surface area to be permitted within the http://libraryl.municode.comlmcc/Doc View/13414/1/90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 6 of9 district or specified portions thereof; d. Intensity of nonresidential uses to be permitted within the district or specified portions thereof, including square footage and floor area, height of structures, and amounts of land to be utilized for parking and other open space activities; e. Amounts, locations, and types of recreational areas, parks, open spaces, and facilities to be provided within the district or specified portions thereof, with dedication thereof to the public at no cost; f. Provisions to be made for necessary public facilities or services required by the district or specified portions thereof, with dedication thereof to the City or other applicable public body at no cost; g. Method of staging of various development phases within the district, including both the sequence and timing of those phases and the required dates for filing of final development plans. (3) In the application of those conditions and stipulations, applicable standards set forth within the conventional zoning districts of this Code shall be utilized wherever possible. Any conditions, safeguards, and stipulations made at the time of rezoning to PUD shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, safeguard, or stipulation shall constitute a violation of these zoning regulations. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.176. Establishment of PUD District to be by Ordinance. Each establishment of a PUD district shall be by the means of an ordinance duly adopted by the City Council in conformity with all procedures of law pertaining to rezoning of land within the City. Any said ordinance shall incorporate the conceptual plan and all stipulations and conditions embodied within the approval action. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.177. Changes in Conceptual Plans. (A) Minor changes in conceptual plans approved as a part of the rezoning to PUD may be permitted. The City Council upon application by the developer or his successors in interest, without the filing of a new application for PUD rezoning, provided that any change does not result in any of the following: (1) An overall increase in number of dwelling units of over one (1 %) percent. (2) A reduction of the area set aside for community open space or a relocation thereof of more than five (5%) percent. (3) An overall increase in proposed floor area of over five (5%) percent. (4) An overall increase by more than five (5%) percent of the total impervious surface area. (5) An increase in the number of floors of building or an increase in height. (6) A modification in original design concept, such as an addition of land use category, change in traffic pattern or access and egress, or an increase of traffic generation exceeding that previously submitted by more than ten (10%) percent. http://libraryl.municode.comlmcc/Doc View/13414/1/90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 70f9 (7) Any increase or decrease of more than ten (10%) percent of the total land area occupying a particular land use. (B) To apply for a minor change in conceptual plans, the developer or his successors in interest shall submit the following information to the office of the Zoning Administrator. (1) An up-to-date statement presenting evidence of unified control of the entire area within the PUD and a renewed agreement to all provisions set forth in subsection 158. 175(A)(1). (2) A written statement clearly setting forth all proposed changes in the conceptual plan, setting forth in comparable fashion all applicable plan data and for both the currently approved conceptual plan and the conceptual plan as proposed for change. (3) Revised copy of the conceptual development plan containing all proposed changes. (4) A revised copy of all other documents or reports submitted as part of the original application and affected by the proposed changes. (5) Revised copies of any additional covenants, agreements, or stipulations made a part of the original approval action and affected by the proposed changes. (C) Any application for minor changes in conceptual plans shall be submitted to the site plan review committee and Planning and Zoning Board for review and recommendation, and the recommendations of the committee and board shall be entered into the official record of the application and shall be considered by the City Council prior to the taking of official action upon application. Any proposed change in conceptual plans which does not qualify as a minor change as set forth above shall be considered a major change and shall require a rezoning application meeting all applicable requirements of this chapter for PUD rezoning. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.178. Time Limit for Proceeding with Final Development Plan. If the final development plan as set out in section 158.179 has not been filed for approval within two (2) calendar years of the date of rezoning of land to PUD. or within one (1) calendar year following a stipulated date for filing in case of a phased PUD development, then the PUD classification shall remain on the land, but plan approval shall be required by the City Council with procedure as for a new application for rezoning (including payment of fees) and no new application shall have the effect of increasing the density or intensity of development previously approved. Extensions of time limits may be granted by the City Council upon due cause being shown. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.179. Final Development Plan. Plans for development of land rezoned in PUD shall be processed in accordance with procedures established in the City's subdivision regulations or site plan review requirements. The same information and data shall be furnished at each stage of plan approval as is required for subdivision or site plan submission. The final development plan required and submitted shall be in substantial compliance with the conceptual development plan submitted as part of the application for rezoning to PUD. In addition to theprovisions of the subdivision regulations or site plan review requirements found to be applicable, the following information shall be provided (where applicable, typical or standardized data may be provided for divisions (A) through (D) below): (A) Building locations and architectural definitions of all structures proposed which are a part of the project shall be depictecl upon the tentative plan or plat and the http://libraryl.municode.comlmcclDoc View/13414/1/90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 80f9 supplementary materials. (B) Master landscape plan depicting existing and proposed vegetation and locations thereof on the site. (C) Walls and planting screens, locations, heights, and materials. (0) (1) Tabulations analyzing the number of total gross acres in the project and the percentages thereof proposed to be utilized by the several building types, other nonresidential uses. off-street parking and off-street loading, streets, recreation areas, parks, schools, and other reservations. Tabulations of total number of dwelling units in the project by types and the overall project density in dwelling units. (2) Prior to approval of a final development plan, the developer shall file, as specified at the time of rezoning, a legally constituted maintenance association agreement for improving, perpetually operating, and maintaining the common facilities to be held in private ownership, including streets, drives, parking areas, and open space and recreation facilities; or he shall file all documents as are necessary to show how the common areas are to be improved, operated, and maintained. These documents shall be subject to the approval of the City Attorney. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.180. Variances. Application for and consideration of any variances from the terms of an established PUO district shall be in accordance with procedures set forth within sections 158.295 through 158.302. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.181. Building Permits, Certificates of Occupancy. No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PUO district except in conformity with all provisions of the rezoning to PUO classification and plans submitted under section 158.237. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.182. Status of Existing PUD District. Existing PUO districts for which concept development plans have been approved shall be eligible to proceed under the terms of the approval action of the concept development plans, but those PUO districts shall be fully subject to the provisions of section 158.178, establishing a time limit for proceeding with the final development plan. Existing PUO districts for which no concept development plans have been approved shall be required to meet all requirements for concept development plan submittal and approval within one (1) calendar year from the effective date of passage of these revised PUO regulations. In the event application for concept plan approval is not made within that period, the City Council may take steps to rezone the affected property to a conventional zoning district classification deemed appropriate. One (1) six-month extension of this provision may be granted by the City Council upon due cause shown. (Ord. No. 98-84, ~ 1, 3-22-99) Sec. 158.183. Fees. http://libraryl.municode.comlmcc/Doc View/13414/1/90/136 4/16/2007 ARTICLE X. PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT Page 9 of9 Fees for the filing of PUD applications and final development plans shall be established by the City Council. (Ord. No. 98-84, ~ 1, 3-22-99) Secs. 158.184--158.199. Reserved. http://1ibraryl.municode.comlmcc/Doc View/13414/1I90/136 4/16/2007 ~~ :> ( d..t ~c........... C!)t< --. c,. ,,01 ""~1 . , ."..... ~" '- /:) ':.04.16 PD - Planned Development [ESTABLlSHEDBYORDINANCE 05-12] ItJ/ S-I Sl PD zoning district potentially is consistent with all Future Land Use Classifications. The Planned Development district is intended to allow for various and mixed uses in a single, comprehensive development. The district is established to allow an applicant to submit a land use development proposal for consideration, to allow th ite Plan Technical Review Committee and Planning Board to review and recommend, and to allow the Board 0 oun 0 SSloners to approve a proposal which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions, requirements or limitations that recommending bodies or the 30ard of County Commissioners deem advisable. The Planned Development district is established to encourage f allowing flexibility and creativity in design options. The district IS mtended to promote more efficient and economic uses of land; provide opportunities for design innovations by individual planned developments which are not provided for or allowed in the underlying zoning districts established b,)[ this Code; promote home ownership opportunities for all residents of the community; encoura e flexibility in desi and allow planned integration of multiple uses and structures; ,;w, . ... .~. ~"", rovide for more usable and suitably located recreational facilities, open spaces and scenic areas, either ij ~, than would otherwise be provided under conventional land development procedures; permit the eiiliancement of neighborhoods through the preservation of natural features; allow design options iliat complement and ensure compatibility with surrounding land uses; lower development and building costs by permitting a variety of lot sizes, networks of utilities and streets and the use of '1lore economical building types and shared facilities; and accomplish more than would be possible through the strict application of the minimum requirements of the county's other land development, zoning and subdivision regulations. . ,iJi,i. ~_. l~' ,J'r..~..f,.,~~ . t , ' ......?'.....""""-~~.- -I'! .- -,.... " ,,;"I~' 'i: ilIl.;' , . ~ ~ '. ~c'..o1'\~-. ~'IoK'" .. .. ...._-,......rt.~ ...~--"(";W~ - 7'~ A. Permitted Principal Uses and Structures Any number, variety or mix of uses may be considered in a Planned Development district, )rovlcied that all such uses are internally consistent, compatible or complementary. B. Consistency with Land Development Regulations and Comprehensive Plan A Planned Development district may be located in any future land use classification and must be consistent with the purpose and intent of the classification or classifications in which it is located. All building, housing and other codes as incorporated by Article XIII of this Code 0[ as otherwise prescribed by law are applicable to the Planned Development District. All 0ther land development regulations are applicable to the Planned Development district; provided, any other land development regulation may be modified provided such regulation ~s identified and provided the purpose and extent of any modification is described and rlemonstrated to be reasonable and appropriate in the context of the Planned Development -,::d Drovides for public health, safety and welfare. Special exceptions and variances pursuant .:") ArtICle Xl do not aonlv and are not allowed. .=nODee Coup,tv Land DeveloDment Re~lations '"mmarv or ZoninlZ Districts through Ord 2005-12 (OO003724'wPD,08lO5) 'T.J C Status of Approved Planned Development When approved pursuant to the provisions of the Code, the conceptual development plan and other materials and documents as are adopted by ordinance shall constitute an amendment to these regulations and to the Official Zoning Atlas. Development within a Planned Development may occur only in conformity with the approved conceptual development plan unless amended as provided below. D. _......~ _ ~ ,~__"'':- ':'t~:::-;'_~";;:;>. A petition for a Planned Development district shall, at a minimum, include the following: 1. An application provided by the Department with applicable fees. 2. A written statement describing the nature and intent of the proposed development. 3. A professionally prepared conceptual development plan that conveys the general extent and character of the proposed development and that illustrates a. the title of the project and name of the developer, b. areas of residential and non residential development, c. the location and extent of proposed open space areas, d. the location of proposed community or public uses, such as recreation areas, clubhouses, schools, houses of worship and the like, e. basic vehicular, pedestrian and other circulation systems, f. proposed points and methods of access, and . ci ated hasin lans. 4. a. the maximum number by type of residential units, b. the total land area and overall gross density of residential units and the land area and density of each distinct residential area, c. the total maximums quare feet by type of commercial, industrial, institutional and other such uses and the maximum square feet by type for each distinct development area, d. the floor area ratio for any building over three stories including a drawing of the assumed lot boundaries, and e. approximate land area by type of conservation, retention, recreation, parks md other open space areas. 5. Sufficient surveys, drawings or other information to indicate the general proposed drainage plan including outfalls and a written summary of the proposed drainage nlan. 6. A list and description of any areas or facilities proposed to be dedicated for public use. 7. A phasing plan if applicable. 8. A proposed time frame for completion of each phase and of the entire development. o A site as-built map indicating the boundaries of the subject property and indicating all streets, buildings, water courses and other important features. ! O. A description and location of identified environmentally sensitive lands. 1 1 A preliminary traffic impact analysis and discussion of the availability or proposed ':~nstruction of necessary transportation facilities by proposed phase. - L. A preliminary analysis of the impact on schools. . '1;.eechobee County Land Develoument Regulations m1marv oiZonin~ Districts through Ord 2005-12 (OO003724.WPD.08/05) "t"t 13. A discussion of the proposed or anticipated sources of potable water, sanitary sewer and other utilities and of the availability of such utilities based on projected residential and non-residential demand. 14. A list of required regional, state or federal permits or approvals. ! 5. Other written or graphic materials, such as architectural elevations, may be submitted to conveyor clarify the nature, character, intent or other attributes of the proposed development. E. ~~<--'. ~..<-.~~~_ t~~~t",::il;i2tl;.:~~:!~~~: ....-: ~, I I . I -~~';i 1. 3 All plans, maps, surveys, documents and the like required as part of the application may be submitted in a large format or in binders where appropriate for review and presentation purposes, but shall also be submitted in a reproducible format for distribution to the review boards unless a sufficient number of copies is provided. When provisions for phasing are included in the development plan, each phase of the development must be so planned and so related to previous development, surrounding properties, and the availability of public facilities and services that failure to proceed with subsequent phases of the development will have no adverse impact on any completed phase or surrounding properties. The Board of County Commissioners may establish, in addition to concurrency requirements, reasonable periods of time for completing the proj ect or phases thereof, including any dedicated public facilities which are a part of the development. If the review of construction plans, the review of a final traffic impact analysis or the process of obtaining required regional, state or federal permits results in a finding by the Department that amendments to the Planned Development are necessary beyond those that may be approved administratively, including a failure to meet an established level of service, the Development Plan shall be resubmitted to the Planning Board and Board of County Commissioners for review and consideration of such amendments. 2. 3. 4. F. .~~~{Q""""!!II., '~i.".',; .J.!!!!."" A Planned Development may be ~amended in the same manner in which a Planned Development is initially approved; provided, a minor amendment may be approved by the Department or may be referred to the Board of County Commissioners or other recommending bodies at the director's discretion. A minor amendment include the following: 1. Any increase by up to five percent or any decrease in the total square footage of any building or the density or intensity in the approved development plan; Internal realignment of rights-of-way, other than a relocation of access points to the Planned Development itself, where there is no net reduction of the size of :::mservationJpreservation areas or required easements; Relocation of building envelopes where there is no encroachment upon required ~::mservation or oreservation areas and no reduction in the setbacks between the }U1idimrs and perimeter boundary lines; .., "1 "eecnobee County Land Development Regulations ummarv of Zoning Districts through Ord 2005-12 (00003724.WPD.08/05) .~ -r... 4. Relocation of swimming pools, clubhouses, or other recreation or other common ~acilities when such relocation will have no net impact on adjacent properties or land uses; a..'1d, 5. Relocation. reduction. or reconfiguration of lakes, ponds, or other water facilities ~...:"'j........~ LV J..1i,; l>uLlillttal and approval or revised water management plans. ,J.{,V;Ul'). SlJeciaI .Kxceotions. Planned lleveJopment - PD 2DDHcame. .l=chobee County Land DeveloDment Regulations <lIDmarv oiZonin~ Districts through Ord 2005-12 (00003724.WPD,08/05) 40 To:City of Okeechobee Planning & Zoning Comments on the Planned Unit Development (PUD) Discussion Materials.- The Proposed Regulations for PUD Development. Dated March 2, 2007 Purpose The purpose of this document is to comment on the proposed PUD regulations and point out the implications these regulations would have, if approved as they are, through out the City ofOkeechobee in regards to all of the potential future large scale residential or mixed-use developments. Upon review of the document of the Proposed Regulations for PUD development presented by La Rue Planning and Management Services, Inc. we have found the following Limitations, Restrictions and Implications; Limitations: These PUD regulations do not provide the necessary flexibility for the development of contemporary approaches of smart growth development su~ -a.i the "Traditional Neighborhood Developments" (lND) well known and recognized for the enhanced open space conditions and improved living environment along with the protection of environmentally sensitive areas as is intended in section 2 of the prepared regulation. For example; as stated in any "Smart Growth Code" for TND the variety and public space character of a development may be achieved with a combination of various elements, setbacks being one of them, where the different setbacks between buildings, street fronts, alleys and open spaces establish the quality of the open space, be it a side walk, a park, a linear bicycle route or meandering walk way or trail. The minimum separation between buildings proposed of20 ft in sections S.h and S.i.2.c limit this possibility. The definition of a min. side setback of 10 ft. is no different than the present RSF-l regulation. This eliminates the need for the use of a PUD in our opinion. Section S.d is a specific limitation to the architecture that must be provided thus defeating the purpose of achieving architectural variety that will create a rich character in a community. Restrictions: As defined in the "Planning and Urban Design Standards" by the American Planning Association (AP A) PUD Regulations are one of many alternatives of "Flexible zoning" approaches. Its main characteristics are,' "Planned unit development (PUD) typically merge zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, with the design flexibility to mix land uses, housing types and densities, and to phase large developments over a number of years ".. " P UD offers the advantage of a diversity of units and use types. It also provides a way to customize developments standards to the specific land under consideration...,Also, because PUD development is often liberated from the rigid standards of base zoning districts, including zoning and dimensional requirements, development and construction costs related to infrastructure can be minimized." I The dimensional standards presented in section 5 of the Proposed Regulations are specific in nature. One could say they are directed to a specific site. These regulations should not be a blanket regulations in a "one size fits all" frame of mind, to be applied throughout the city, because it forfeits the purpose of a PUD flexible frame work. This regulation does not permit a wide variety of densities and housing types, especially affordable housing. For instance, the open space requirements become restrictions when added to the retention areas, roadways etc. and the lot building separation and size restrictions. The proposed regulations in our opinion will generate a project with a majority of town-home building type in order to achieve a cost effective development. The PUD regulation is meant to be a framework within which every specific project or tract of land will be reviewed on a one-by-one basis. This principal is clear in the zoning code of Sebring; where Sebring has it defined as a "Community Unit Regulation (CU-I)." See attached Exhibit "A". The need for housing that can be acquired by nurses, police men, firemen and teachers, in other words, "workforce" could only be achieved, under the proposed PUD ordinance with the construction of multifamily developments throughout the city in our opinion. The proposed regulation, if utilized at all by the development community, will drive use toward multi-family development and that would not be a good result of the proposed regulation. The alternative is the development of more costly housing generating sprawl, increased car dependency measured in car trips and frequency of trips, greater damage to the environment and farmland. If Okeechobee will take the challenge of facing the economic growth at its doorstep it must consider a broader and more flexible PUD Regulation applied to the entire city and tailored to fit the needs and conditions of every different site or project accordingly in the site plan reVIew process. To quote Jonathan Barnett in the article "Smart Growth in a Changing World" in the March 2007 issue of the Planning magazine of the American Planning Association, ""Smart Growth" is the accepted phrase for the move away from the typical low-density development. It has three basic elements: conserving natural resources, encouraging compact commercial and mixed-use development, and creating walkable residential neighborhoods. All three are primarily local endeavors". Royal Professional Builders Royal Architecture & Design Ken Treadwell Climaco Cardenas I Planning ~md Urban Design Standards, American Planning Association. (2006). p.599 2 DIVISION 3. COMMUNITY UNIT REGULATION (C-U) Page 10f5 DIVISION 3. COMMUNITY UNIT REGULATION (C-U) EXHIBIT a /4 " Sec. 26-221. Purpose. The purpose of the community unit regulation (C-U) is to: (1) Provide the maximum of land and design development opportunities in harmony with reasonable area, building coverage, height, setback and service requirements; (2) Provide the means of mixing such appropriate land use as may not otherwise be permitted in any of the established zoning districts; and (3) For other purposes. The C-U regulation will be applied only in R-3, R-4, R-5 and R-6 zoning classifications and only upon specific petition by property owners proposing a unique type of planned development in keeping with the purpose of _ the district. (Code 1981, 922-26(A)) Sec. 26-222. Review. The proposed general site development plan provided in this division shall be reviewed, recommended and certified by the planning and zoning board prior to adoption by the city council. (Code 1981, 922-26(8)) Sec. 26-223. Subdivision of property. Property that is to be subdivided shall be platted in accordance with procedures of chapter 20 which pertains to subdivisions, except as amended by specific C-U guidelines or standards. (Code 1981, 922-26(C)) Sec. 26-224. Conflicts. Approvals under the provisions of this division shall not release the applicant from meeting other applicable ordinance provisions unless specific waivers are obtained. (Code 1981, 922-26(0)) Sec. 26-225. Uses permitted. Uses shall be only those uses or types of uses that are shown on the approved site plan for the community unit. These uses shall be established only at such locations and in such density as set forth on the approved general site plan. A community unit is not limited as to types of land usage that may be permitted, except that they must be uses allowed in R-3, R-4, R-5 and R-6 zoning classifications. Uses proposed must be found to be of such types and to be ,so located and arranged as to assure complete compatibility among themselves and with adjacent existing land uses or land use zones of adjacent property and existing or future public facilities and utilities. . http://libraryl.municode.comlmcc/Doc View/I. 1561/1/152/1 5"9/162 3/15/2007 DIVISION 3. COMMUNITY UNIT REGULATION (C-U) Page 2 of 5 (Code 1981, S 22-26(E)) Sec. 26-226. General standards. (a) Area requirements. The total area of a community unit shall be unrestricted, and no minimum width shall be required. There shall be no minimum lot area requirements for individual buildings, provided that open space shall be provided around each building so as to provide adequately for light, air, and a proper relationship of building to site. Single-family, two-family and multifamily buildings shall have access to open space with a minimum equivalent to that required for such buildings within the applicable zoning districts; and such open space shall be an integral element of the C-U plan. (b) Maximum building coverages. Maximum building coverage shall be as specified in the approved general site development plan. (c) Setback. Buildings shall be set back a reasonable distance from all property lines and abutting roadways so as not to adversely affect or impede the use of adjoining property or be adversely affected by adjoining land use currently existing or zoned. (Code 1981, S 22-26(F)) Sec. 26-227. C-U review procedures. (a) General site development plan submittal requirements. On petition for adoption of a C-U, the following materials shall be submitted to the building official and shall constitute the elements of the general site development plan: (1) A letter of transmittal officially submitting the proposal for approval, signed by the developer or his authorized representative. (2) Firm evidence of the unified control of the entire area within the proposed community unit and agreement that, if he proceeds with the proposed development, the petitioner will: a. Do so in accord with the officially approved general site development plan of the development, and such other conditions or modifications as may be included. b. Provide proposed agreements, covenants, contracts or deed restrictions for completion of the undertaking in accordance with the adopted general site development plan as well as for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense. c. Bind his development successors in title to any commitments made under subsections (a)(2)a. and b. d. Secure written consents and agreements from all property owners of record within a community unit that they have given the petitioner authority to act in their behalf and that the representative or agent has the delegated authority to represent the owners and they agree that all commitments made by the aforementioned representative or agent are binding. (3) A statement of the petitioner's interest in the property, including a copy of the last recorded warranty deed, and, if a contract purchaser, written consent of the seller/owner, or, if a lessee, a copy of the lease agreement and written consent of the owner. (4) A certified boundary drawing by a surveyor.registered in the state containing the following: a. An accurate metes and bounds or other description of the property to be included in the C-U. http://libraryl.municode.comlmcc/Doc View/11561/1/152/159/162 3/15/2007 DIVI~ION 3. COMMUNITY UNIT REGULATION (C-U) Page 3 of 5 b. A computation of the total acreage of the tract, to the nearest tenth of an acre. (5) Five copies of a scaled general site development plan of the entire proposal showing the following information: a. A key map at a convenient scale showing the general site development plan, which shall include existing roads, streams, street rights-of-way and street intersections; and a statement indicating the distance to all public improvements such as schools, firehouses, public recreational areas and the like, which would serve the subject development. b. Location, with pavement type, right-of-way, names and other related appurtenances of all public streets adjoining or traversing the site. If no public street adjoins the site, sufficient description by metes and bounds as to identify the location of the site shall be provided. c. Identification of the name, plat, book and page number of any recorded subdivision comprising all or part of the site. d. Identification and location of any existing watercourses, lakes, woodland areas, or other such significant natural physical features upon the site, as well as on adjacent property within 250 feet of outside boundaries and proposed alterations to such features. e. The density of land use to be allocated to the part of the site to be developed. f. General location, arrangement, size and height, in stories and/or feet, of all proposed structures (with identification of proposed uses), open-space walkways, parking and service areas (indicating number of parking spaces to be provided), location and size of all proposed roads and access driveways. fences or walls, and landscaped areas for the first designated phase of the project, including a metes and bounds description of the phase. g. The use, number of acres, density of use, collector roads and roads of any higher classification, of all future phases. h. Location of existing structures and/or open-space facilities on adjacent properties within 250 feet of any boundary line of the site. Use of a recent aerial photo is adequate. i. All existing and proposed means of vehicular access to and from the site. including roads on site. j. Preliminary transportation analysis, to include an estimate of average trips/unit, total average daily trips and total peak hour trips. k. A statement by the petitioner of the major planning assumptions and objectives of the development project, including but not limited to: 1. Development. 2. Projected population. 3. Proposed timing and phases of development. 4. Proposed ownership and form of organization to maintain common open space and facilities. 5. Proposed density of land use for each development parcel within the project. /. A general layout of the types, quantities, and location of trees and other such significant vegetation features. A recent aerial photograph shall be adequate. http://libraryl.municode.com/mcc/Doc View/11561/1/15211591162 3/15/2007 DIVISION 3. COMMUNITY UNIT REGULATION (C-U) Page 4 of 5 m. A map of soil conservation service soil classification by soil associations. n. A general floodplain map indicating areas subject to inundation and high groundwater levels up to a 100-year flood classification. o. Most recent available aerial photo, with modified areas delineated. p. Any other reasonable information that may be required by the planning and zoning board or the city council, which is commensurate with the intent and purpose of this Code. (b) Planning and zoning board review and recommendation. The planning and zoning board shall review the proposal and indicate a recommendation for approval or disapproval. Recommendation for approval shall constitute the general acceptability of the plan, subject to review and approval of the final site development plan. As a part of its recommendation for approval, the planning and zoning board shall submit to the city council its findings and such guidelines or standards which are deemed necessary to ensure the acceptable development of the proposed plan. (c) Approval of general site development plan. If the general site development plan and the location _ are deemed to be acceptable and appropriate, based on the submitted data as required within the C- U requirements, the city council may approve the petition for the C-U. The mayor and the city clerk shall date and endorse the appropriate plan. and the plan shall be filed as a part of the official zoning records of the city. The city council's resolution of approval shall incorporate and specify plan drawings forming the basis of the approval and shall establish such guidelines or standards, which shall be complied with in order to secure detailed site development plan approval. This approval shall not release the developer from any requirements established by other ordinances unless the nonconformance is specifically stated in the approval. (Code 1981, 9 22-26(G)) Sec. 26-228. Review of detailed site development plan. (a) Submittal requirements. Prior to the commencement of development on any portion of the C-U, the developer shall submit a detailed site development plan for approval by the building official. A detailed site development plan may be submitted either for the entire development, or for one or more stages as outlined in the general site development plan approval. The developer shall submit the following materials for review: (1) A letter of transmittal officially submitting the proposal for approval. (2) Three copies of a dimensioned detailed site development plan meeting those requirements outlined and providing the information required in section 26-227; except that location, arrangement, size and height of all proposed structures (with identification of proposed uses and number of units), open-space uses, walkways, parking and service areas (indicating number of parking spaces to be provided), location and size of all proposed roads and access driveways, fences or walls, and landscaped areas shall be exact. (b) Building official's review and action. Upon receipt of the materials described in subsection (a), the building official shall review the detailed site development plan to determine its compliance with the general site development plan and with the guidelines and standards established by the city council at the time of general site plan approval. Following his review, the building official shall either approve or disapprove the plan. In the case of disapproval, the detailed site development plan shall be submitted to the planning and zoning board, which shall either uphold the building official's disapproval or shall approve the plan as submitted. Following the building official's or the planning and zoning board's approval of the detailed site development plan, a copy of the plan, with certification of approval shall be filed as part of the official zoning records of the city. (c) Appeal procedure. In the event of the planning and zoning board's disapproval, the detailed site http://libraryl.municode.cOrnlmcc/DocViewI11561/1/15211591162S 3/15/2007 DIVI~ION 3. COMMUNITY UNIT REGULA nON (C-U) Page 5 of 5 development plan may be revised and resubmitted to the building official for further review or may be submitted upon appeal to the city council for final determination. (Code 1981, g 22-26(H)) Sec. 26-229. Amendment procedure. During developmental stages, any conceptual modification of either a general or detailed site development plan adopted pursuant to this division may be accomplished by the filing of a new petition in accordance with the procedures set forth in this division, a conceptual modification being defined as anyone of the following: (1) Any overall increase in number of dwelling units of over one percent. (2) A reduction of the area set aside for community open space or a relocation of more than five percent. (3) An overall increase in proposed floor area of over five percent. (4) An overall increase by more than five percent of the total ground area covered by buildings. (5) An increase in the number of floors of buildings or an increase in height greater than 15 feet. (6) A modification in original design concept such as addition of a land use category, change in traffic pattern or access and egress, or increase of ten percent total traffic generation utilizing the previously submitted traffic generation figures. (7) Any increase or decrease of more than ten percent of the total land area occupying a particular land use. (Code 1981, g 22-26(1)) Sec. 26-230. Annual status report. After approval by the city council, and up to the time of final completion of construction, the petitioner shall submit, on the anniversary date of the approval, a yearly status report to the building official. The report shall give the current status of the approved project and the projected future construction schedules. (Code 1981, g 22-26(J)) http://libraryl.rnunicode.com/rncc/Doc View/11561/1/152/159/162 3/15/2007 LARuE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366. FAX: 239-334-6384 MEMORANDUM DATE: TO: FROM: RE: March 2, 2007 Planning Board members Bill Brisson 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 follo'vving 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---e-mail: bill@larue-planning.com 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. 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 oflandscaping 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. 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: 3 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 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. Alinimum 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 of20 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-l; (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 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. 1. 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 PUD zoning districts shall be permitted only on land designated as future land use category singlo klmily or multif:Jmily residenti3/ ,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 eftAeF to single family or 3 mu/tif3mily residonti31 mixed use PUD zoning district, subject to the regulations of this division. (LDR) 1998, ~ 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 PUO district: (1) Attached and detached S~ingle-family dwelling~; (2) Zero lot line sinole-familv dwellinqs. f2i(3) Two-family dwelling~. (4) Town homes. ~(5) Multiple-family dwelling~. W(6) Adult family care homes or assisted living facilities. te-}(7) Day care center, nursing home. {&}(8) Professional office, business office, medical office. {-7-)(9) Retail store, retail service. {.g..}(10) Restaurant. {9.}(11) Personal service, dry cleaner. {..Wi(12)Mechanical and repair services. t4+-}(13}Auto service station. 42-}(14)Private club, nightclub. ~(15)Hotel, motel. (13)Mobile home p3rk. (11 )Recre3tion::l1 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. (LOR 1998, S 431) Sec. 90-403. Special exception uses. Special exception uses in the mixed-use PUO district are permitted uses in excess of 45 feet in height. (LOR 1998, S 432) Sec. 90-404. Customary accessory uses. Each permitted principal use in the mixed-use PUO district is also permitted to have the customary accessory uses for that use. (LOR 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 City of Okeechobee Date: 3/1 q } 0 7 Petition No. 0 7 -0 6" - S 5 A General Services Department Fee Paid: ';:JOD. cc) Jurisdiction:Q'JAoi\"I A "1-' Ce.- ss S.E. 3rd Avenue, Room 101 1st Hearing: 4- J l~ lor 2nd Hearing: 6// J 15 7 Okeechobee, Florida 34974-2903 T , Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: L 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): A . N\ .s. A. --\olob no,s LLC- , . tJ. /1J 0L1~ ( u.tMk Pc~'> . / 3 A p P L I C A N T Owner mailing address: Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): fY\ lAV\..t.t(/\/\ ~ Contact person daytime phone( s): 1) 6 .> - 1 b ~ -117 '3 u 0 (2- 41.-f) /) J~ Fax: 6>, 5 -1-b5 - &hI t/ Property address / directions to property: (00'3 N r;2~ ~ Parcelldentification Number: 3- 1:5 - ?:>7.- ?:>5- 00 lO- DOl <go - 0050 Size of the Property (in acres): ~ Current Zoning Designation: - (9yLL ( RSF- P R ~ Existing Use of the Property: ~ -1 E Proposed Future Land Use Designation: C. R T Y Current Future Land Use Designation: Proposed Use of the Property: ~ Description of Surrounding Properties: ~ o. c.p () W~ ~ Cff>>^- JJo-tt:L ~ ~:CPo Legal Description of the Property (Lengthy Description May be Attached): ~~~- Uniform Land Use Application (rev 12/03) Page 1 of 2 t/ Survey of Property (11" x 14",20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map t/ I 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 fme of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. a~ -;:!/ (VI t4ltflfrM1/1!) //I;p/2ndiJ/F' rg- /l> f Signature Printed Name Date Uniform Land Use Application (rev ]2/03) Page 2 of 2 3> - I S- ~() 7- T 0 w~ 1.1- /YY)-<< '& ~e.-'b?Lc..-J . L tA>ct1I\ +- .+0:> +u-(L/Il eJ.;- 5 Hv(f bur;Ld. (' t-(f to u ~ .e- 1)-- fyv ~ ~ jJeq[in f/J~\CJ2-. ~~~~ I - ::::--/' fY1 Ukh1-1/IYn<4) ItJOmWl.>lJl/V' ? ~- TIllS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Kelly Elite Title, Inc. 311 NE 2nd Street Okeechobee, Florida 34972 Property Appraisers Parcel Identification (Folio) Numbers: 3-1S-37-3S-0010-00780-0050 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 16th day of Febrnary, 2007 by William S. Welder, a single man , whose post office address is 608 NE 2nd Avenne, Okee~obee, FL 34972 herein called the grantor, to A.M.S.A. Holdings LLC , whose post office address is 906 SW LIghthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" i1u:lude all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns of corporations) WIT N E SSE T H: That the grantor, for and in consideration of the sum ofTEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz,: LOTS 3, 4, S, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK S, PAGE S. PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed. sealed and delivered in the presence of: -9k ~. A I . i" J ~ ~ ______._ Witness #1 Signature , ~1!r/.cJj,;1.{/ William S. Welder ShQt\ n <Sr"\ \,zd l!::-J Wi.,=#IPrin""N_ ~ 14<~/ Witness #2 Signature J1 a.- CLS ? ;? () ~ k.. e-I_ Witn'ess #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged befO~ me this ~day of February, 2007 by William S. Welder who is personally known to me or has produced fLu. ~"-/.) ( j ./' II ""0 as identification. SEAL 0) . . ~~"'4"" SHANNON MULHOL N Notary Public, State My Comm. Expires June . ... Comm. No. DD 332394 I Printed Notary Name My Commission Expires: . SHANNON MULHOlLAND Notary Public. Stale of Florida My Comm. Expires June 24. 2008 Comm. No. DD 332394 File No: 07-3267 BOUNDARY SURVEY PREPARED FOR A.M.B.A. ~- - - - ----""~ - T - --=--~- . Ii I ~lli ~ ' ~! I I I 11 I _..._ I=,~ ~"If-.L-"~:"-' -,- ~ "f16(>11)11l.1 I i j: I II 1 II I I II I I ~I i j i! I I I I I I I "_U_H I I I I I t-...- -~:.,=-- L _ _ _ J _ _ _ -L _ _ _ L --- . .nr"'" w JOI11,1f'1'IO .:Jalll71'l") -~.- _(IIIIlllJ -...- _(11014, ~-M1") I _ ""''?'L"~. ","19..' '22"".f!) ~ I ,,:'.;";ff,:;;'':{.!J I ~ 8 ~ ~ 5 J roTAL l'ARCEl CONTAINS 464 ACRCS , Q ~ e '" -...- _tMllflo' ~ .:r:~.,~ ~'Q'UIIl ~ ~ "'-"'" T -r- I I I .,t. ~~..._ I ="'';~ li _..._A _''''''.9ItH', I I ",_"_HJ _.lh"_ _~I;N''''I'J'' .1----- I I If ~ Il i! DeSCRIPTION: . LOTS ~ 4, 5 AND 6, BLOCK' 711 CITY or 0KEECH0BfI, ACCORDING ro THE: PI.A T THERE:or AS RfXX)R{JED iN PI.A T (1()OK.l\ PAGE.l\ or TIlE PUBUC RECORDS or OKEECHOBEE COUNTY. FLDRIDA. PROJF:CT SPeClRC NOTE:S: ' 1) UNLESS SHDIW OT/IEJ/1tISE. AU. DIlIENSlONS ARE PI.A 7(1)) ANO 1IEASlJIIED(lI). 2) SlTIi: ADDRESS: 608 N.E. 2NlJ A IBIVE. J) PARCEL ID: :J- 15-J7-:J$-OOIo-0078D-005O., " " 4) TIlE DESCI11PTIDN SHDIW HE11EDN If.',S PROWiED BY TIlE ctlENT OR TIlE CUEN7'S RD'IIESENTA TIt€. 5) BCARJNG IIEFFROICE: TIlE NORTIIUNE or BLOCK 7B IS TAKEN ro BEAR NORTII 89'47'38' EAST. 6) F..R.M. ZONE: ZONE UNDF:1ERJIINED, PARCEL I.ICS 'M7H/N TIlE OKEECHOBEE CITY /.MIlTS. . 7) TIllS SVRIfY IS NOT iNTENDED ro DO'ICT JIJRJSDICTlDNAI. ARCAS OR OT/IEJ/ ARCAS OF" LDCAJ. CQNCERN. 8) THE SVRIfY DEPICTED HERE IS NOT COID/ED BY PROfCSSIDNAL UAiIIUTY IIISIJRANCE.'A/JOITTCNS'OR DfJ.E71DNS ro SVRIfY MAPS OR I1EPOf/TS BY DT/IEJ/ TIIAN TIlE SIGNING PARTY OR PARTIES ISPROHI8f1ED I+fTllOUT I+f?ITIEN CONSENT or THE SIGNiNG PARTY OR PARTIES ' 9) DA TIi: or I.Asr f1El1) SVRI<En 01/08/07. ' I I If 2 I' l I~ PROJF:CT SPeClRC LEGEND: HI'P - IIOa> PO'1rf71 POI.E @, ~ PRePAREJJ FOR 7HE: EXCLUSIVE: USe OF: A.M..s:A. HOLDINGS, Ue. GULFS71?eAU BUSINess BANK eUTE: TITlE. we. TlCOR TITlE: INSURANCE COI.IPANY N/A we KAB 205 46- +8 we AB rB'PC .r ORA WINC NtNI1t:Rr LEGEND o-Set tr~ Rod and Cop T"M"S 671; .....Found C~ __found Iron Rod (O/'ld Cop) . -round Pipe (Qnd Cpo) A~":.A ,t_c..l_o; e-~ tATV-CIlbIo TV; Q,I.. .tr=~~~; (-,IDt.p)l-(NI)l.oft<Illo' Okolo'IIIW-~~-=I~ ~C_~..I.04 c....- """"_ P(;l>.. =:~.::.... c-..I_ ~~=r~"=t~:li ~~f=~L7;:~1-&:~ .;;;.;~~= ST"'~O"'~O NOTf"; 1. No ,,,,,'r.~ of "'" public r.cord. for d.l.rmlnotkln of own...,lp 0( I1I1trlctlonl offec:tIrl'iJlh, .1..... ,t1vom "'00 porlo"".d by Iho surw)'Ql". 2. Tho !lUryey d.plct"d """0 Ie prepllfW(l olu;;!uelwly WI' tnOM portl.. noted, J. No ',opoMlb111ty or 1I0bnlty Ie OAUmod by tt10 """")'01' for UM by oth~ IIOt opeoIf\cally nomecL 4. Not I"CHd ...Iihout tho !Il9notur1 ond ."booud itooI \;If F19rida IIcwIHClIlUI"V1)9" on4 mgpp" .1'4820, Ii. Th..... ore ~Q vI.1tl1o obow ...."..md ....~odwnonl. ~I o. 1Ih0'll'Fl. ' .'. 6. No "Ilampl "'''0 modo to IOlXlt, und-Vound Impr'll."..,b ..d/or .,crooehmlll'lt. (If ony) iJll pari of Ihle W'Y'ly 7. Thl, !lUrvf\Y woo pr.porlld In "cordoneo with mlrllmum tKhnlcall ,tGrtdClrlio ..toblWlIIcI by tho flor1do BOQr'd of 5urvo)<lr"!I and 1,AQl)P0I"I (Clloptor 61G17-6, F.....C.) PUI"IUQIlt to s.ctlon .72,021, AOI1CIo 510tu111. TRADEWINDS PROFESSIO~ALSERVICES, INC. SURVEYORS AND'MAPPERS .. ,..~." ., 200 9..... 3rd 'AveDue . ,,-,:': ," .... ". '~,', '. . Ok.,.. cha...... Fl., ,:,....,.Il'7...,.,.'.. .,.,. .... '.., '..',. : ..... '..'.' "". .,.. .'......, . T.. (BB3) 763-2887. ...'...... " .', ~~~L..A-'BL.~~.L~J ... ' Kenn.th A, Br.eaux, Jr. (PSW:.i-B20): ~.. ...u-.u-'.w.. 1.11 m. 20565 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 LaRue Planning & Management Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared fOr: Applicant: Petition No. The City ofOkeechobee A.MS.A. HOLDINGS, LLC 07-006-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: A.M.S.A. HOLDINGS, LLC Petition No.: 07 -006-SSA General Information Muhammad Nooruddin, contact A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 863-763-7973 863-763-6619 Applicant: Applicant Address: Applicant Phone Number: Applicant Fax Number: Future Land Use Map C lassi fication Zoning District Use of Property Existing Single-Family Acreage RSF-1 Residential structure and empty lots 0.64 Location: 608 NE 2nd Avenue Proposed Commercial cpo Home Health Care Office 0.64 Legal Description: Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: - The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.64 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small-Scale Amendment to the Comprehensive Plan. Concurrent with this request, the applicant is proposing to rezone the property to CPO. Adjacent Future land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Industrial IND Vehicle sales and open storage Commercial CPO Church Commercial and Single Family CPO and RSF-I Vacant Staff Report Small-Scale Comprehensive Plan Amendment Applicant: A.M.S.A. HOLDINGS, LLC Petition No.: 07-006-SSA West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Church Summary: The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses The requested Future Land Use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood has been slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Analysis and Conclusions The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Submitted by: James G. LaRue, AICP April 11, 2007 2 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 Date: 2nd Hearing: Publication Dates: Fee Paid: 1 st Hearing: . ,< 1 IJ , , ~';\. e.,(!.... Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) V Name of property owner(s): JeSUS 5i ) va. S Owner mailing address: 100 I -:s V"./ 3rQ Av'(2rLue.. OKeechobB2. ~l{Ca4 Name of applicant(s) if other than owner (state relationship): 6 \'an' f\i\C,\ 1\/\ ; +che MAl LltU'=> DfeSs. Applicant mailing address: \\0"5 -S W ~ st<eet OI(e.e.chDbeL I P L 34Lt 74 A P P L I C A N T Name of contact person (state relationship): G i Ml~ Fax: 357-IS76-' G.3A -2?{1c1 ~ Contact person daytime phone(s): V PropcI1V 'lddress! directions to propertv: Beh\~d 0c\de.-, Lon/cd. Go ,Lues+- 1 L,ioc~ - ' .' j , .; I -tl\ ST (ec .; fO e,. t ::, 'H? nQ.....~ 11.A)e.e n 30. AvefLU e. CUI d- ID,I\ S+(~e 't- Parcel Identification Number: 3 -:2 \ - 31 - 3'5 - 2>'5 - )- 0 OO'l?O - Size of the Property (in acres): '0 - 3 02 '5 A-c r--e.- -3 5-lJL 70 P R o P E R T Y Current Zoning Designation: Current Future Land Use Designation: Existing Use of the Property: Proposed Future Land Use Designation: . Proposed Use of the Property: C ki-- Lo(DiN?: ,,< c: 2>- \ - of.8 ce- ss:~b k eontr-a'j; c (s- Description of Surrounding Properties: <5en.d::J1..: ;2 Llu(jI.f!_i.Jl-6t.-- e;r5T~ ~~ IAJG5T; ~ AJOC1H~ Legal Description of the Property (Lengthy Description May be Attached): Se-u--t::Ic CJ~uh-e- ~ 7"-~ ~L 'is Uniform Land Use Application (rev. 12/03) Page 1 of 2 ./ Survey of Property (11" x 14",20" Scale) ~ Letter Outlining Request ~ Notarized Letter of Owner's Authorization ~ Application Fee (non-refundable) ~ City Location Map t/ 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 d and may result in the summary denial of this application. ~f;()/I~/liZ 2t.JifcMi/ .2J/ /& /0 7 Printed Name Date Uniform Land Use Application (rev ] 2/03) Page 2 of 2 MARCH 01, 2007 To whom It May Concern, I, Jesus Silvas, owner of the property located at 1001 SW 3 Avenue, Okeechobee, fl 34974, give authorization to Gianinna Mitchell to represent me in the process to rezone ~I>J 0 LAN D V-" my property to commercial. CH ANG ~ Thank you for your help, Sincerely, xJ~~ Jesus Silvas (\ r'\ x), 0-/ chi C; , -z/c:'c,/l ^r -c: L''- L(/'::>'J S 1 Il1(" c:) I I (",.r.., I.J.,-,. \ ". V D I ^ / I, '''\{i c..... 1;/10') + ill ~~, _i :'-X___L-i /k1'/tt 100 \\. 0- n 0'---"'-\:1' 1 !',--" I '- ~(LAv '-..j 5,J Vl(: CJ"") '------ (12__---.--~ ~ II ,.,.,.,.."..,._~ ~3) u~ L/- <?9Lf:L NA'\Ct-t ,to t2007 '-r; W \\oYY\ 1+ M A '-I Co R.J CE- 'l2-fl , l WAN T LO OP~-N A P120FE-5 j oJ'U Ak. 5\JSIN~-SS DI-FICl:::- pOSs~ble c)st::.- a:t5 A C-ONT\"ZAC 'O{<- 0 c.= r\Ct:==', S~y"\ce'f€L._( G--.-------- \ -, @'_:><'"CL; (\II'+d><2 IJ) ~63-)c:,34~ 4 2- ~ J 1",,2.0' -" '- \ ,-(\ ~' .w_1 td tF w Wir I l' ill :i ~ =t l ~' j: II ~-~ > D "'7 -<lU-==- ~J,-~ \'l' '\\ r^ -t- ['. ~ I ':;,._ \j\' --. - - rcfd' ~~-- 1'c: l' '~~C'C-K d:7f<:I-' olZ- ''---. :;" r..-J , lotJ.-c 7ilZf:.s. """,' /2-1 1-<./' ~ 0\ .~ qJi ~ ~ ~o 27.1 '<l ::t I~T" e"' 14"'''' r......H. ~"?-,I?"uq; il-Icol 20 "" ~ <Xl Q, '-' '105 ,-,e.~It'iHt.( {, fU,T1U/ /, / 2?" A~f1i l>-"( <.... r'l C1 p:; 1"1-250' (P &\C) , o Q ?t:-17 -,?TV:3:-c.f) ::O:.JL., .90. -D;; :9" Lct7 i?UX--K g, ------------------ 8 o Q .90. :h;; :9" SURVEYOR'S CERTIFICATE FLOOD ZONE. 'X' UNMAPPED I HEREBY CERTIFY THA T THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNO'olLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES 'oIfTH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN SHO'olN. ~.::> JltITEt I 'Z.~ I~ - ().f;, PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED '01. REPASS P.S.M. (J,3~5 ~ 1"1-2,'70' (P & 10) . . -e- -- ........ It FFE PSM R/'oI PC A L X 0.00 LEGEND' -FOUND CONCRETE MONUMeNT -FOUND 5/8' DIA, IRON ROD -EXISTING 'oIIRE FENCE -EXISTING CHAINLlNK FENCE -EXISTING 'oIooD FENCE -CENTER LINE -FINISH FLOOR ELEVATION -PROFESSIONAL SURVEYOR AND MAPPER -RIGHT-OF-'oIAY -POINT OF CURVE -DEL TA ANGLE -ARC LENGTH - TYPICAL ELEV A T ION L1'~ t? t...a:--K to ~rC:I FIELD 'oIORK COMPLETED' .~ .. I';, ~I ~I ('II 20.00' "" ~ <Xl Q, '-.0 8 / :z: .:it 8 -l \) '/:~ - \) 0 N J: \J 20.oD' 12/12/06 MciNTOSH AND ASSOCIATES SURVEYING & MAPPING 325 S'oI SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 <offlc:e & fnx) CERTIF. OF AUTHORIZATION NO. LB7332 LOCA nON MAP '" :..t-le,,":;""."'L <-:":::":";','::".';.:"~~ ~:~c -'iiftfl,tJ=~~,~,:j ..,.,.,1...::; ~;:~.",_:R,,>," . '. ',' _.' '.. ,'_. . .""'"''' -......,.. M!'t~- ...... .>>~, """")"?~',I!!f,a,'..."",U~,. <. 4:t,~.......~,[,t-.~.:t.,~:, 'i7?:~'_~""'~"': . I _,--,~ ,'T', , , ~ " . ,'l' ",JloJj;., ,. ~ ,.. J~!~ht-~Jr?::1 '\f'. LEGAL DESCRIPTION: LOT 7 AND 8, BLOCK 8, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLA T BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF oKEECHOBEE COUNTY, FLORIDA. ADDRESS, 1001 SIJ 3RD AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED 'oIITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHO'olN HEREON 'JERE NOT ABSTRACTED FOR RI4HTS~OF-'oIAY, EASEMENTS, OR OIJNERSHIP. 3. LAND DESCRIPTION HEREON 'oIAS PROVIDED BY THE CLIENT. 4. BEARINGS SHO'oIN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INST ALLA TION, SPRINKLER SYSTEMS, SHRUBS, OR ANY ,OTHER UTILITIES IJITHOUT REVERIFICATION OF PROPERTY CO~ERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N,G. V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. 'CERT1F1EDTO: JESUS SIL V AS BIG LAKE TITLE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY SEACOAST NATIONAL BANK, ITS SUCCESSOR .AND/oR ASSIGNS, AS THEIR lNTERST MAY APPEAR BOUNDARY SURVEY REPARED ON THE ORDER OF, SEACOAST NA TlONAL BANK SCALE' DRA'oIN BY, TM'oI FILE NO.' 3221 1'=20' 1"' _Map Page 1 of 1 Tbe Okeecbobee News P.o. Box 639, Okeecbobee, Florida 34973 (863) 763-3134 published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publishe~ of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise~nt, being a (3A~ rn;;:[i,ljb in the matter of --1"'~ ~~ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 4-if - I t.f-(?J -{) 7 , Atliant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heremfore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and atliant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for plication in the said newspaper. Public Notice 5005 Public Notice 5005 i '", . PUBLIC HEAIUNG,NDTlCE el1Y PlANNING BOARDIBOAllDOFWU$TMM AND API'EALS NOTICE: The Planning BoanWoard ,of Ad[uslment and Appeals of the City of llkee- chobee, Florida wiU meet on ThurldlJ, APril 19, 2001 .. 1:00 p.IlI.,or a~ soon tl1erealter as possible. The meeting will beheld ,at City Hall. 55 SoutheaSI3rd Av~ nue, in the COUllCll Chambers, Room 200, Okeechobee, f:IOrida The item$ of con- sidelatlon at this me.eting are: . 'Conduct a Public Hearing to Considei ComprehenSIve Plan Small Scale Future Land Use Map Amendment Application No. 07 -OOS-SSA. .lhe appicatiol1 is being submitted by Steve Dobbs, on bellen of prQPBrty owner InSile Development Group. The application is to change the Future Land Use from ,Single Family, (Sf) to Multi. FamHy (MF) for vacant property iocated between Northwest 5th and 7th Avenues and Northwest 11th and 13th StreetS. Legal descrlpliott aU ollllOcks H, 12, 21 and 22, City 01 Dkeechobee Subdivision, and is approxim~ 11.29 -IS). TNs succeeds the 10 acre limitation as allowed lor 'an aree deSIgnated Aura Alea 01 Critical Economic Concern. The proposed uSe is to construct a'roultl,lamIIy devel- opment 'Conduct a Public Hearing to Consider Comprehensive P1ail SmaU Scale Future Land Use Map Amendment Application No., 01-006-SSA:" ,lhe ~n is being submitted by Muhammad Nooruddin, on behan of property owner A.M.S.A. HfiUl. ings, LLC. The application is to change the Future Land Use from Single Family (SF) to Commercial (C) for property located at 608 Narthe, as! 2ndAven, ue. Leg, aI de. scriptiOn: Lots 3 through 6 of Block 7B, City of 0Iteech0bee SubdMsIon and is ap- proximately 0.64 acre(s). The proposed use is to remodel the existing resldenct fei a medical oIIice. 'Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-D07.SSA. The appication is being submitted by Gianinna Mitchen on behan of property owner Jesus'Silvas The appll. cation is to change the Future Land USe Itom SinlJle Family (Sf) to Commercial, (C) for property located at 1001 Southwest 3rd Avenue. Legal description: Lots,7 and 8 01 Block B. South Okeechobee Subdivision and is approximately 0.325 aere(s). The proposed use is to remodel the existing residence lor a professional business office. . 'Conduct a Public Hearing to C~nsider Rezoning PetItIon No. 07.()04-R. The peti- tion is being submitted by Muhammad Nooruddin on behalf of owner A.M,S.A. Hold. ings, LLC. The peti1ion IS to change the zoning designation from Residential Single family-One (RSF-1) to Commercial Professional Office (CPO) lor property located at 60B Northeast 2nd Avenue. Legal deseripfion: Lots 3 through 6 of Block 7B, City of Okeechobee Subdivision, and is approximately 0.64 acres. This petition is associat. ed with Comprehensive Plan Small Scale Futilre Land Use Map Amendment Applica. tion 07-006.SSA. 'Conduct a Pubiic Hearing to consider a SPECIAL EXCEPTlDN to allow a carwasb within a Heavy Commercial (CHV) Zoning District (ref. LDll's ~. 9O-2B3(2)) sub- mitted by property owners Ivan and Zoraida Lujan.' The subject proPerty Is located at 906 South Parrott Avenue. Legal description: Lots 3 through 5 of' 810Ck6, South Okeechobee Subdivision, Petition No. 07 -OO3.SE. 'Consider any proposed amendments, submitted by City Staff or citiZens. to the Comprehensive Plan. which include the Land Development Regulations (LOR's) and render a recommendatIOn to the City Council for consideration and final adoption, A copy, of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by calling Betty Clement al (863) 763-3372 x 218, Please be adVised thaI the Board 01 Adjustment and Appeals will serve as the deci- Sion making body (quasi-judicial), on behall of the City, to approve or deny Special Exceptions or Variance Application(s). The Planning Board will make recommenda- tions to the City CounciUor consideration and final adoption of ComprehlinsiYe Plan Amendments, Rezoning Applications and Land Development Aegulations (LDA's) Amendments. . PLEASE TAKE NDTICE AND BE ADVISED that n any person deSireS to appeal any decision made by the Planning BoarlllBoard of Adlustments and Appeals with re' spec! to any matter considered at this meetil1l!, or hellrillO will need to.ensure aver. batlm record of the proceedings is, made, Whleb record i:lchides the tesfil110ny and evidenCli upon Which the appeal is to be based. Tapes are used lor the sole pur- pose of back-up for the Clerk's Office, In accordanCli with the Americans with Oisabllities Act (ADA) and Florida SlattJte 286.26. persons with disabilities needing special accommOdation to participate in this proceeding should contact Betty Clement. no later than two (2) working days prior to the proceeding at 863-763-3372 x 21B; n YOllllre hearing or VOice impaired, caR TOD 1-800-222.3448 (voice) or 1-888.447-5620 (TTY). BY: Brian Whitehall, Zoning Administrator 202730 ON 4/4,13/07 : .l~~~~;;~ Comm# 000563848 E . ",~~'It,~ . :: ~~~.:.i Expires 6/1412010 :: (30f~ A.D. 20 l>7 , VJ.,w """'" NotaryAssn Inc :: . ""tc'fIU" . . m' jJ a C/:b..l '- ~ t........................................; Notary Public, State of Florida ~t Large