2020-05-05 Ex 03
Ordinance No. 1209 Page 1 of 2
ORDINANCE NO. 1209
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635
AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN
TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM
SINGLE FAMILY RESIDENTIAL TO INDUSTRIAL (APPLICATION NO. 20-003-
SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE
LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council for the City of Okeechobee recognizes the need to plan for orderly
growth and development; and
WHEREAS, Chapter 163, Florida Statutes provides for amendment to Adopted Comprehensive
Plans; and
WHEREAS, the City has received and reviewed certain Application (No. 20-003-SSA),
submitted by Mr. Mitchell G. Hancock on behalf of the property owner Mitchell G.
Hancock, Inc., for a small-scale amendment to the Future Land Use Map of the City's
Comprehensive Plan, and said Application being reviewed by the City's Planning Board,
acting as the Local Planning Agency, at a duly advertised Public Hearing held on April
16, 2020, which determined such request to be consistent with the Comprehensive Plan
and consistent with the pattern of future land uses within the City; and
WHEREAS, the City Council has agreed with the recommendation of the Planning Board and
City Staff as set forth in the Staff Report, and therefore finds that the proposed Application
complies with the requirements of Florida Statute s 163, Part II, and that the proposed
Application is consistent with the Comprehensive Plan and appropriate to the future land
uses within the City.
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City:
SECTION 1: SHORT TITLE.
THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development
Activities Comprehensive Plan Amendment," pursuant to Florida Statutes 163.3187,
regarding Application No. 20-003-SSA and shall be effective within the City limits of the
City of Okeechobee, Florida.
SECTION 2: AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida
Statutes.
SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP.
1. The following described land consisting of approximately 1.60 acres is hereby re-
designated for purposes of the Future Land Use Map of the City of Okeechobee
Comprehensive Plan:
a. Application No. 20-003-SSA, from Single Family Residential to Industrial. The
Legal Description of Subject Property is as follows:
LOTS 11 THROUGH 20, OF BLOCK 62, OKEECHOBEE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT
BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA, AND ORIGINAL PLAT BEING RE-
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
Ordinance No. 1209 Page 2 of 2
SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN
THE COMPREHENSIVE PLAN.
It is the intention of the City Council for the City of Okeechobee, Florida that the provisions
of this Ordinance, and the revisions to the Future Land Use Map which are incorporated
herein by reference, shall become and be made a part of the City of Okeechobee
Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended).
SECTION 5: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 6: SEVERABILITY.
If any provision or portion of this Ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions
and portions of this ordinance shall remain in full force and effect.
SECTION 7: EFFECTIVE DATE.
The effective date of this Plan Amendment shall be thirty-one (31) days after the adoption
of this Ordinance, if not timely challenged. If timely challenged, this Amendment shall
become effective on the date the State Land Planning Agency or the Administration
Commission enters a final order determining th is adopted amendment to be in
compliance. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective.
INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 5th day of May
2020, pursuant to Florida Statutes 163.3187(2).
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Mitchell G. Hancock Industrial Office
City of Okeechobee Future Land Use Amendment Surrounding Property Owners Arial Exhibit
Subject Property Industrial CSX Railroad
NW 7th Street
road NW 6th Avenue road NW 5th Avenue road NW 7th Avenue road NW 8th Street
road
Staff Report
Small Scale
Comprehensive Plan Amendment
Prepared for: The City of Okeechobee
Applicant: Mitchell G. Hancock
Petition No.: 20-003-SSA
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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General Information
Applicant
Owner Mitchell G. Hancock
Applicant Address 203 SW 4th Street
Okeechobee, FL 34974
Applicant Email Address
Site Address NW 7th Street
Parcel Identification 3-15-37-35-0010-00620-0110
Contact Person Steven L. Dobbs
Contact Phone Number 863.824.7644
Contact Email Address sdobbs@stevedobbsengineering.com
Request
The matter before the Local Planning Agency and City Council is an application for an amendment
to the Future Land Use Map (FLUM). The applicant is requesting to change the Future Land Use
designation of this1.6 acre property from Single Family Residential to Industrial. The Applicant
has stated that their intent for the development of the property is a contractor’s office.
The current and proposed Future Land Use designations, zoning, existing use, and acreage of
the subject property and surrounding properties are shown in the following tables and on the
maps.
Future Land Use, Zoning and Existing Use
Existing Proposed
Future Land Use Single Family Industrial
Zoning Industrial Industrial
Use of Property Vacant Contractor Office
Acreage 1.6 acres 1.6 acres
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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Future Land Use, Zoning, and Existing Use on Surrounding Properties
North
Future Land Use Single Family Residential and Industrial
Zoning Industrial
Existing Use Industrial
East
Future Land Use Industrial
Zoning Industrial
Existing Use Vacant
South
Future Land Use Single Family Residential
Zoning Residential Multiple Family
Existing Use Single Family Residences
West
Future Land Use Single Family Residential
Zoning Industrial
Existing Use Vacant
General Analysis and Staff Comments
A. Qualification for Amendment
Based on the size of the property 1.6 acres) this application qualifies under Chapter 163,
F.S. as a Small-Scale Development Activity Plan Amendment (SSA) to the Comprehensive
Plan.
B. Current and Future Development Potential as Single-Family Residential
The property is currently designated as single family residential on the City’s Future Land
Use Map and Industrial on the City’s zoning map. Future land use Policy 2.1(a) allows a
maximum standard density in the Single-Family Residential Future Land Use Category of
four units per acre or five if the units qualify as affordable housing. With the affordable
housing bonus, maximum development potential for 1.6 acres would be eight single-family
dwellings. However, in order to develop single family dwelling units at this property, a zoning
map amendment would be required, as single family dwelling units are not permitted in the
Industrial Zoning District.
C. Future Development Potential as Industrial
1. Practical Maximum Likely Future Development Potential
Policy 2.1(e) of the City’s Future Land Use Element:
Industrial. Permitted uses include large-scale manufacturing or processing activities, business
offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail
and service uses, and off-site signs, limited agriculture, and accessory uses customary to permissible
uses. Other uses related to and consistent with industrial development such as adult entertainment,
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or
leather products may be permissible under certain circumstances.
1. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious
surface for development within this category shall not exceed 85 percent of the site.
2. Zoning districts considered appropriate within this future land use category include only RH
and Industrial (IND).
While the Industrial Future Land Use category allows for a maximum FAR of 3.0, the
Industrial zoning district only allows a maximum building coverage of 50% and a
maximum building height of 45 feet (without a special use exception). These limitations
allow for a potential four story structure, a maximum FAR of 2.0 and a theoretical
maximum floor area of approximately 278,000 square feet on 1.6 acres. However,
given that a four story industrial structure is not likely, it may be more practical to expect
a one or two story structure if this map change is approved. A one story structure
occupying 50% of 1.6 acres would be about 69,500 square feet of floor area and a two
story structure with the same footprint would have about 39,000 square feet of floor
area.
2. Proposed Use
The Applicant intends to develop the property with a contractor office, but has not yet
provided any detail on the proposed development. Site plan review will be conducted
by the Technical Review Committee at time of site plan submittal.
Comprehensive Plan Analysis
A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses.
Policy 2.2 of the Future Land Use Element recommends that the City protect the use and
value of private property from adverse impacts of incompatible land uses, activities and
hazards.
Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent
uses, and curtailment of uses inconsistent with the character and land uses of surrounding
areas and shall discourage urban sprawl.
The railroad right-of-way runs along the northern property line of the subject property with
existing industrial uses operating to the north of that. The adjacent properties to the east
and west of the subject property are vacant and currently designated as single family
residential on the Future Land Use Map. However, those same vacant properties are zoned
industrial and are also adjacent to the railroad.
To the south of the subject property, across NW 7th Street, are several single family
residences. Despite the proximity of these residences, the industrial designation seems
more compatible and consistent with the surrounding area. Buffering of the single family
residences will be necessary.
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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B. Adequacy of Public Facilities
Traffic Impacts
The applicant has provided a traffic analysis that estimates the requested map changes
from single family residential to industrial would result in a potential increase of 651 daily
vehicle trips and 93 peak hour vehicle trips. We agree with this analysis.
In addition to the consideration of total vehicle trips, it is also important to consider that an
industrial use is likely to generate more heavy truck traffic than residential uses. If these
map changes are approved and a site plan for development of this property is submitted,
another traffic analysis will be conducted which will be specific to the applicants proposed
development.
Demand for Potable Water and Sewer Treatment
The applicant has provided an analysis on the potential change in demand for potable water
and sewer services if these map changes are approved. That analysis indicates an increase
of 13,402 gallons per day. We agree with this analysis.
The Applicant has included in his submission letters from the Okeechobee Utility Authority
and Waste Management indicating that there is adequate excess capacity to accommodate
the demand for potable water, wastewater treatment and solid waste disposal.
C. Environmental Impacts
From the US Fish & Wildlife Service Wetland Inventory Map submitted by the Applicant,
there appear to be no wetlands on the site.
From the FIRM Map submitted by the Applicant, there appears to be minimal risk of flooding.
Aerial photography indicates that this property has been cleared of most vegetation and is
unlikely to contain any significant habitat or endangered species.
The Immokalee fine sand present on the property should not cause any limitation on
development.
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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Recommendation
Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation
for the subject property to be consistent with the City’s Comprehensive Plan, reasonably
compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore,
we recommend Approval of the Applicant’s request to amend the Comprehensive Plan to
designate the subject property as Industrial on the City’s Future Land Use Map.
Submitted by:
Ben Smith, AICP
Sr. Planner
March 31, 2020
Planning Board Public Hearing: April 16, 2020
City Council Public Hearing: (tentative) May 5, 2020
Attachments: Future Land Use, Subject Site & Environs
Zoning, Subject Site & Environs
Existing Land Use Aerial, Subject Site & Environs
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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FUTURE LAND USE
SUBJECT SITE AND ENVIRONS
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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ZONING
SUBJECT SITE AND ENVIRONS
Staff Report Applicant’s Name: Hancock
Small Scale Comprehensive Plan Amendment Petition No. 20-003-SSA
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EXISTING LAND USE
AERIAL OF SUBJECT SITE AND ENVIRONS