2020-06-16 Ex 02
Ordinance No. 1212 Page 1 of 2
ORDINANCE NO. 1212
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 CERTAIN TRACTS OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL AND MULTI-FAMILY
RESIDENTIAL TO INDUSTRIAL (APPLICATION NO. 20-002-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. 20-002-SSA), submitted by Loumax
Development Inc. on behalf of the property owner Nemec Children’s Trust, 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 initially
held on February 20, 2020, and at the request of the Applicant, deferred to March 19, 2020, deferred to
April 16, 2020, and deferred to May 21, 2020, which determined such request to be inconsistent with the
Comprehensive Plan and inconsistent with the pattern of future land uses within the City; and
WHEREAS, the City Council has disagreed with the recommendation of the Planning Board and City Staff as set
forth in the Planning Staff Report, and therefore finds that the proposed Application complies with the
requirements of Florida Statutes 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-
002-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 2.87 combined acres is hereby re-designated
for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan:
a. Application No. 20-002-SSA, approximately 0.86 acres from Single Family Residential to Industrial.
The Legal Description of Subject Property is as follows:
ALL OF BLOCKS 190 AND 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA.
b. Application No. 20-002-SSA, approximately 1.60 acres from Multi-Family Residential to Industrial.
The Legal Description of Subject Property is as follows:
A PORTION OF THE FLORIDA EAST COAST RAILWAY COMPANY RIGHT-OF-WAY, SINCE
ABANDONED, AND OF NORTH CURVE STREET, SINCE ABANDONED, AS SHOWN ON PLAT OF
FIRST ADDITION TO OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT BOOK 5, PAGE 6, OF THE
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY
LINE OF SOUTHWEST 6TH STREET WITH THE WEST RIGHT-OF-WAY OF SOUTHWEST 7TH
AVENUE; THENCE NORTH 00°08'53" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID
Ordinance No. 1212 Page 2 of 2
SOUTHWEST 7TH AVENUE, A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 89°49'42" WEST, A DISTANCE OF 199.99 FEET TO THE INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE WEST LINE OF BLOCK 251 OF SAID PLAT OF FIRST ADDITION
TO OKEECHOBEE; THENCE NORTH 00°08'48" WEST ALONG SAID NORTHERLY EXTENSION, A
DISTANCE OF 693.57 FEET TO THE INTERSECTION WITH THE WESTERLY EXTENSION OF THE
NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 4TH STREET; THENCE NORTH 89°47'29" EAST
ALONG SAID WESTERLY EXTENSION, A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER
OF SOUTHWEST 4TH STREET; THENCE SOUTH 00°08'48" EAST ALONG THE WEST RIGHT-OF-WAY
LINE OF SOUTHWEST 4TH STREET, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER
OF LOT 1, BLOCK 190, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID
POINT BEING A POINT OF CURVATURE OF A CURVE TO THE LEFT AND HAVING FOR ITS
ELEMENTS, A CENTRAL ANGLE OF 27°36'08 AND A RADIUS OF 1230.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 592.55 FEET TO THE SOUTHEAST
CORNER OF BLOCK 191 OF SAID PLAT OF OKEECHOBEE; THENCE SOUTH 00°08'53" EAST
ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SOUTHWEST 7TH AVENUE, A DISTANCE OF
23.65 FEET TO THE POINT OF BEGINNING.
SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE
COMPREHENSIVE PLAN.
It is the intention of the City Council of the City of Okeechobee, Florida that the provision s 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 16th day of June, 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
*
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date: -l1J-JQFee Paid:
1 st Hearing: ;z _;iQ-;)._Q
Publication Dates:
Notices Mailed: "-1 A
Petition No.
Jurisdiction:
2" Hearing:
APPLICATION FOR COMPREHENSIVE PL.AN AMENDMENT
To BE COMPLETED BY CITY STAFF:
V .fi d FLUM D . · C: � _,1'·· 111 en 1e es1gnat10n: __ J_,_1 ______________________ _
Verified Zoning Designation: _R_\_\'Yl_1 _f_· ____________________ _
Plan Amendment Type: D Large Scale (LSA) involving over 10 acres or text amendment
APPLICANT PLEASE NOTE:
[K] Small Scale (SSA) 10 acres or less
D Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, inst ability of employment, and/or other indices of economically distressed communities.
Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application 1s: -----
Submit 1 (one) copy of the complete application and amendment support documentation, incl uding maps, to the General Services Department. Fifteen ( 15) copies of any documents over 11 X 17 are required to be submitted by the applicant.
I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and acc urate to the best of my knowledge.
Date
*Attach Notarized Letter of Owner's Authorization
Signature of Owner or Authorized Representative*
For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218
Page 1 of7
Exhibit 2
May 21, 2020
Staff Report
Small Scale
Comprehensive Plan Amendment
Prepared for: The City of Okeechobee
Applicant: Neal Markus
Loumax Development Inc
Petition No.: 20-002-SSA
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
1
General Information
Applicant
Owner
Neal Markus, Loumax Development Inc
Ruth G. Spradley & Gale B. Nemec
Applicant Address PO Box 5501, Fort Lauderdale, FL 33310
Applicant Email Address njmarkus@gmail.com
Site Address 500-600 Block of SW 7th Avenue
Parcel Identification
3-15-37-35-0010-01910-0010
3-15-37-35-0010-01900-0010,
3-21-37-35-0020-02510-0130
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) for three vacant parcels of land totaling 2.87 acres. Two
parcels are designated Single Family and one parcel is designated Multi-Family Residential on
the Future Land Use Map. The proposal is to change the Future Land Use designation of all three
parcels to Industrial. The Applicant has submitted a concurrent request to rezone the same
parcels from Multi-family to Industrial. The Applicant owns the industrial property to the north of
these parcels and has stated that the reason for these requests is expansion of existing
operations. According to the Applicant’s representative, the current operations include
manufacturing of compressed air canisters.
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 and Multi-Family
Residential Industrial
Zoning Residential Multiple Family Industrial
Use of Property Vacant Industrial
Acreage 2.87 acres 2.87 acres
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
2
Future Land Use, Zoning, and Existing Use on Surrounding Properties
North
Future Land Use Industrial
Zoning Industrial
Existing Use Loumax Development
East
Future Land Use Single Family Residential
Zoning Residential Multiple Family
Existing Use Single Family Home and Vacant
South
Future Land Use Multi-Family Residential
Zoning Residential Multiple Family
Existing Use Childcare Facility
West
Future Land Use Multi-Family Residential
Zoning Residential Multiple Family
Existing Use Vacant and
Pending Residential Apartment Complex
General Analysis and Staff Comments
A. Qualification for Amendment
Based on the size of the property (2.87 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 and Multi-family
Residential
This request involves three vacant parcels of land with current Future Land Use
designations as follows:
• 0.409 acres of single family residential
• 0.86 acres of single family residential
• 1.6 acres of multi-family residential
The maximum density allowable in the Single-Family Residential Future Land Use Category
is four units per acre or five if the units qualify as affordable housing. With the affordable
housing bonus, maximum development potential for 1.269 acres would be 6 single-family
dwellings.
The maximum density allowable in the Multi-Family Residential Future Land Use Category
is 10 units per acre or 11 if the units qualify as affordable housing. With the affordable
housing bonus, maximum development potential for 1.6 acres would be 17 multi-family
dwellings.
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
3
C. Future Development Potential as Industrial
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,
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 250,000 square feet on 2.87 acres. However,
given that a 4 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 2.87 acres would be about 62,500 square feet of floor area and a
two story structure with the same footprint would have about 125,000 square feet of
floor area. It is important to note that the applicant has not submitted any proposed
plans or provided any comments regarding the potential development of the property,
other than the stated desire to expand operations of the existing industrial use to the
north of these subject parcels.
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 of the Future Land Use Element 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 property to the north of these parcels is industrial but the remainder of the surrounding
properties hold residential designations on the City’s Future Land Use Map and the City’s
Zoning Map. While much of the directly adjacent land is vacant, there exists one single
family residence and a preschool across SW 7th Ave from these parcels. Other single family
residences exist nearby and a new multi-family apartment project has been approved
nearby as well.
The Applicant currently owns and operates a 1.6 acre industrial site to the north of these
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
4
subject parcels, which is one of only a few properties with an industrial future land use
designation south of Park Street in the City. Besides the Applicant’s existing site, there is
an additional 2.5 acres of industrial to the north, 0.5 acres of industrially designated property
on SW Park Street and a 3 acre property on SE 10th Street. The Applicant’s requested future
land use map changes represent a 37% increase in Industrial future land use south of Park
Street in the City.
From a planning perspective, expansion of the Industrial Future Land Use in this area would
be out of character and likely incompatible with the predominantly residential nature of the
surrounding neighborhood.
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 and multi-family residential to industrial on these
parcels would result in an increase in 1,144 potential daily vehicle trips and 166 potential
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 these parcels were
to be submitted, it would be necessary to provide additional assessment of the impact of
traffic on the adjacent streets and properties at the time of site plan approval.
Demand for Potable Water, Sewer Treatment and Solid Waste Disposal
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 21,855 gallons per day. We agree with this analysis.
The Applicant’s submission includes 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 that would be
associated with a proposed industrial use.
C. Environmental Impacts
The subject property is within the zone X, indicating a minimal flood risk. We agree with the
applicant’s statements that the site has no significant or unique characteristics regarding
environmental sensitivity, wetlands, wildlife habitat, endangered species, soil conditions or
susceptibility to flooding.
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
5
Recommendation
Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation
for the subject property to be inconsistent with the character of the neighborhood and likely
incompatible with the surrounding land uses. Therefore, we find this request inconsistent with the
City’s Comprehensive Plan. We cannot 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
February 11, 2020
Planning Board Public Hearing: February 20, 2020
City Council Public Hearing: (tentative) March 17, 2020
Attachments: Future Land Use, Subject Site & Environs
Zoning, Subject Site & Environs
Existing Land Use Aerial, Subject Site & Environs
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
6
FUTURE LAND USE
SUBJECT SITE AND ENVIRONS
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
7
ZONING
SUBJECT SITE AND ENVIRONS
acres
Staff Report Applicant: Neal Markus, Loumax Development
Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA
8
EXISTING LAND USE
AERIAL OF SUBJECT SITE AND ENVIRONS