Loading...
1000 #07-012-SSA Kite/Okee SR 70 Holdings ORDINANCE NO. 1000 . 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-FAMIL YTO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-012-SSA), submitted by Kelly Kite Jr., on behalf of property owner(s), Okeechobee SR70 Holdings, LLC, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on October 18, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are 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 F.S. 163.3187, 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 6.27 acre(s) is hereby re-designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Page 1 of 3 a. Application No. 07-012-SSA, from Single-Family to Commercial. The Legal Description of Subject Property is as follows: BEING A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE INTERSECTION OFTHE CENTERLINE OF SR70 (AS SHOWN ON FDOT RIGHT-OF-WAY MAP FOR SR70 OKEECHOBEE COUNTY SECTION 91070-2514, DATED DWN=3-76) WITH EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED; THENCE SOUTH 00214'21" EAST, ALONG SAID EASTERLY BOUNDARY OF GOVERNMENT LOT 2 EXTENDED, A DISTANCE OF 44.5 FEET TO A POINT; THENCE SOUTH 892 54'49" WEST, ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR70 A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00214'21" EAST, A DISTANCE OF 100.00 FEET TO A POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OFSE 13TH AVENUE AND THE HOPKINS MEANDER LINE; THENCE NORTH 71249'20" WEST, A DISTANCE OF 424.14 FEET; THENCE NORTH 00203'47" WEST, A DISTANCE OF 787.65 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SR70; THENCE NORTH 89254'49" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SR70, A DISTANCE OF 300.00 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 and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is 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. 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 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance NO.1 000 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 6th day of November 2007. A TTE,S.T: '-,' .J. .,' - . '. , . .':'... ......'~ Page 2 of 3 . . ADOPTED after first reading on the 6th day of November 2007. . ATTEST: :1JOJU Vi CilllGsf;o--- ~ Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL UFFICIENCY: John R. Cook, City Attorney Page 3 of 3 City of Okeechobee Date: <<11-"7)0'/ Petition No. :) '7 - j /, .2 . . <:'~/i General Services Department Fee Paid: '~l L l Jurisdiction: it <,!. e'e ;..K. 55 S.E. 3rtl Avenue, Room 101 IstHearing:~-:-'-.,I' ;oJ I 2nd Hearing: /0/10/61 II V Okeechobee, Florida 34974-2903 publication Dates: I i I.' " Phone: (863) 763-3372, ext. 218 .' ' Fax: (863) 763-1686 Notices Mailed: F:E CE'VEO AUG 1 7 2nr: I &/ 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): Okeechobee SR70 Holdings, LLC 'A Owner mailing address: 3055 Cardinal Drive, Vero Beach, FL 32963 p p Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: "same" c A Name of contact person (state relationship): Kelly Kite Jr., Vice President N T Contact person daytime phone(s): 772/231-9333 Fax: 772/231-0033 v' Properly address I directions to property: 1108 Highway 70 E, Okeechobee, FL 34972 Parcel Identification Number: 2_22_37_35-0AOO-00004-0000-HX Size of the Property (in acres): 6.27 ACRES Current Zoning Designation: RMF p R Current Future Land Use Designation: Single-family 0 Existing Use of the Property: Single-family P E Proposed Future Land Use Designation: Commercial R T Proposed Use ofthe Property: y Commercial - Hotel, Bank, Restaurant and General Retail Description of Surrounding Properties: North-undeveloped (SR70), South-single family, East-commercial and single-family, West-commercial (US Post Office) Legal Description of the Property (Lengthy Description May be Attached): See Attached Unifonn Land Use Application (rev. 12103) Page ) of 2 II' J1equiredAttaCl1mell.t.~.~', .f .f Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization .f I 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 da sand ma ult in the summary denial of this application. Si \1\fCU.'i~' K~, ~~. Printed Name \~ ~( Unifonnl.and Use Application (rev. 12/03) Page 2 of 2 -!'!2-.u P~eI67eS' I LLC REAL ESTATE INVESTMENT DEVELOPMENT August 7, 2007 047833002 Via Federal Express 863/763-3372 City of Okeechobee Ms. Betty Clement General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974 RE: Okeechobee SR70 Holdings, LLC Statement of Special Reason and Basis of Request Rezone Application and Comprehensive Plan Amendment Application Dear Ms. Clement: The SR 70 corridor within the City of Okeechobee limits is continuing to develop into a commercial node. As the applicant and owner ofParcellD #2_22_37_35_0AOO-00004-0000-HX, I am interested in developing this property as a mixed use commercial project to address the needs of the community and to provide additional hotel rooms within the city limits. Additional outparcels will provide convenient access to services (banking, restaurant and retail) for hotel guests and surrounding city residents. For this reason, I am respectfully requesting to rezone the property listed above from RMF to CHV and to amend the Future Land Use Comprehensive Plan from Single-Family to Commercial. Okeechobee SR70 Holdings, LLC a Florida limited liability company By: Kite Okeechobee SR 70 Holdings, LLC a Florida limited liability company, its managing member 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH. FLORIDA 32963 TEL (772) 231-9333 FAX (772) 231-0033 WWW.KlTEPROPERTIFSLLC.COM , 1\1I\'~.\lIl\II~'"l\mDm\\l\'\\"'\\I\mft'\ Prepared By and Return to John D. Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 FILE MUM 2007009267 OR BK 00634 PG 0650 SHARO>> ROBERTSO>>, CLERK OF CIRCUIT COURT OKEECHOBEE COUHTY, FL RECORDED 07/02/2007 11:48:01 An RECORDIHG FEES 18.50 DEED DOC 11,200.00 RECORDED BY n Pinon P9S 0650 - 651; (2P9S) ParcellD Number:2-22-37-35~AOO.ooOO4.()()()() SPECIAL W~TY DEED THIS SPECIAL wARRANTY DEED, made this z.g day of June, 2007, between JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16, 1999 which was executed by KEITH LEE ARBOGAST, SR. and recorded in Official Records Book 490, Page 738 of the Public Records of Okeechobee County, florida and as Attorney-in-Fact for KEITH LEE ARBOGAST, SR., of Post Office Box 201,Okeechobee, Florida 34973, GRANTOR, and OKEECHOBEE SR70 HOLDINGS, LLC., a Florida Limited Liability Company, of 3055 Cardinal Drive, Suite 300, Vero Beach, FL 32963-1687, GRANTEE; WITNESSETH, that said Grantor, for and in consideration of the sum ofTEN (SIO.OO)DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following descnbed land, situate, lying and being in Okeechobee County, Florida, to-wit: DESCRIPTION ATTACHED AS EXHmIT "A". AND the Grant simple; that the Grantor has warrants the title to said land an enants with said Grantee that the Grantor is lawfully seized of said land in fee awful authority to sell and convey said land; that the GTlmtor hereby fully the same against the lawful claims of all persons whomsoever. . IN WITNESS WHERE ~t hereunto set Grantors' hand and seal the day and year first above written. //0 Signed, sealed and delivered in W JOSEPH G. ARBOGAST, lIS the Donee of that presence of: \ ( ~urable Power of Attorney dated April 16, 1999 which WllS executed by KEITH LEE ARBOGAST, SR. and ecorded In Official Records Book 490, Page 738 of the lie Records of Okeechobee County, Florida and as Attorney-in-Fact for KEITH LEE ARBOGAST, SR. B~/~-~ OSE H G. ARBOGAS ,as the Donee I" turv L L/i1nY'fJl Font'l1tM'fl STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE The foregoing instrument was acknowledged before me this ~'iI;-'hdaY of June, 2007, by JOSEPH G. ARBOGAST, as the Donee of that Durable Power of Attorney dated April 16, 1999 which was executed by KEITH LEE ARBOGAST, SR. and recorded in Official Records Book 490, Page 738 of the Public Records of Okeechobee County, Florida and as Attorney-in-Fact for KEITH LEE ARBOGAST, SR., ~ who is personally known to me or 0 who has produced as identification. -rlll~Q. rY\~ Signature of Notary Public \Q.\-';, ~ l). 'fY\oI';' S Printed name of Notary My commission expires: ::r U~ \ -;)., ~O \ , \\\111111111111/11/11 ~~-:\\~'" D. }"fOIII/,l/. ~.v '-^~ :::: ""~ '''P ~ ~ ~~ ~ Notary Public ~ ~ Buncombe County ~ .., A. ~ ~-~ ~~ ~ 0;.> ~ $' ~/.1. 'Ii CA~O\': ,~ '/111 \", 1/IIIHII\I\lII\\ [4168-7JIISWPD] Book634/Page650 CFN#2007009267 Page 1 of 2 OKEECHOBEE UTILITY AUTHORITY 100 S.w. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 October 3,2007 Mr. Christopher Goetzfried Kimley-Horn and Associates, Inc. 601 21st Street, Suite 300 Vero Beach, Florida 32960 Ref: Water Capacity Request Kite Properties ParcellD: 02-22-37 _35-0AOO-00004-0000 Dear Mr. Goetzfried: In reference to a request of the availability of water capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. For the past twelve months (September 2006 _ August 2007), the combined finish maximum flow leaving the plants is approximately 2.8 MGD. This combined maximum flow utilizes approximately 47% of the FDEP permitted system capacity. Water service is available to the property. Should you have any other questions, comments or concerns with regards to the water system capacity, please contact the writer at 863.763.9460. Sincerely, // ..~.. '~') {'-~ ~bhn F. Hayford,\P:t::. Executive Director Okeechobee Utility Authority 10/01/2007 14:11 77223100330 KITE PROPERTIES PAGE 01/03 &~ P~eIti~s I LLC ....nE. A'.':.'.'1'. '..E':'S'T.. A', :T. .' E: . INVESr;~~i .... ......O.E VEtO:PM ENt. 30S5 CARDINAL DRIVE SUITE 300 VERO BEACH, FL 772-231-9333 PHONE 772-231-0033 FAX Fax Phone: From: ))",/L~~h~ PaQes: 3 W I (.ov~' Date~ /6/0 i J()7 ( f I<Q)( 1-<.tCL O~ V~ of lI.o/dC/ I u-c ~t~ C\Q.M~*:: Fax: <6G,?/ -7(3 - ,~1:Cc 10/01/2007 14:11 77223100330 K HE PROPERTI ES PAGE 02/03 WRITTEN CONSENT OF THE SOLE MANAGER OF KITE OKEECHOBEE SR70, LLC IN LIEU OF A MEETING AS OF AUGUST 1,2007 The undersigned, being the sole manager (the "Manager") of KITE OKEECHOBEE SR70, LLC, a Florida limited liability company (the "Company"), does hereby adopt the following resolutions by written consent in lieu of a meeting effective as of the date first written above: WHEREAS, the Manager deems it advisable, desirable and in the best interests of the Company to appoint Kelly P. Kite, Jr., Esq. as Vice President and Secretary of the Company; NOW, THEREFORE, BE IT RESOLVED, that Kelly P. Kite, Jr., Esq- is hereby appointed Vice President and Secretary of the Company, to serve until removed by the Manager or until his successor is dilly appointed and qualified; and FURTHER RESOLVED, that Kelly P. Kite, Jr., as Vice President and Secretary of the Company, is hereby authorized to execute and deliver, on behalf of the Company, any and all documents, instruments, contracts and agreements that may be executed by the Manager; and FURTHER RESOLVED. that the Manager, officers, employees and agents of the Company are hereby authorized and directed to take such action, execute such documents and incur and pay such expenses as may be necessary or appropriate to carry out and effectuate the foregoing resolution; and FURTHER RESOLVED, that all acts and things heretofore or hereafter done by the Manager or any officer, employee or agent of the Company in cOlmection with the foregoing resolutions and consistent with the scope of such resolutions be, and the same hereby are, in all respects ratified, confirmed, approved and adopted as acts on behalf of the Company. 10/01/2007 14:11 77223100330 K HE PROPERTI ES PAGE 03/03 IN WITNESS WHEREOF, the wldersigned, being the sole manager of the Company, has adopted and approved the foregoing resolutions effective as of the date first above written. MANAGER: ~. 1. f1 Keith . Kite 1\ W -CO\3 7827\OOO\tes-Kite Okeechobee-sigJlatory authority. doc Page 1 of 1 www.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Forms Help Previous on List No Events Next on List No Name History Return To List ( Entity Name Search 1 Detail by Entity Name Florida Limited Liability Company OKEECHOBEE SR70 HOLDINGS, LLC Filing Information Principal Address 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH FL 32963 Mailing Address 3055 CARDINAL DRIVE, SUITE 300 VERO BEACH FL 32963 Registered Agent Name & Address WHITE, K. TAYLOR 150 WEST FLAGLER STREET, SUITE 2200 MIAMI FL 33130 US Manager/Member Detail Name & Address ~~-L ~ t-J ~ W ~ oW 1 L td ~tLu- ~ \t.T: W~Ch- G.u-~~ ~+n DLLCl'fld::- on h.iJJ WoJ.:tJ. ~ Document Number L07000057450 FEI Number NONE Date Filed 05/31/2007 State FL Status ACTIVE NONE Annual Reports No Annual Reports Filed Document Images QQ!~.1/2QQ7...-:...FJQri<:!?..Limiteq..Ligl::Jility Note: This is not official record. See documents if question or conflict. Horne Contact us Document Searches E-Fding Services Fonns Help Copyrlqht and Privacy policies Copyright @ 2007 State 01' Florida, Department of State. http://www .sunbiz.org/Scripts/cordet.exe? action=D ETFlL&inq_doc_number=L07000057 4... 8/3012007 OKEECHOBEE UTILITY AUTHORITY 100 S.w. 5th Avenue Okeechobee, Florida 34974-4221 October 3, 2007 (863) 763-9460 FAX: (863) 763-9036 Mr. Christopher Goetzfried Kimely-Hom and Associates, Inc. 601 21st Street, Suite 300 Vero Beach, Florida 32960 Ref: Wastewater Capacity Request Kite Properties Parcel 10: 2-22-37 -35-0AOO-00004-0000 Dear Mr. Goetzfried: In reference to a request of the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting of the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant, the Cemetery Road Wastewater Treatment Facility (1 MGO). Currently, the annual average daily flow (September 2006 - August 2007) to the treatment facility is approximately 0.718 MGD utilizing about 72% of the system capacity. As you are aware, wastewater service is readily available to this property. Minimal infrastructure improvements at the developers' cost will be required prior to service being made available to the subject property. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the writer at 863.763.9460. Sincerely, /~:~6L:+- /.h, ,,-\:( / . )., ---- (John F. Hayfo~t. Executive Director Okeechobee Utility Authority ~=r_' Kimley.Horn and Associates, Inc. September 7, 2007 047833002 . Sute 300 601 21st Street Vero Beam, Aerial 32960 Via Email and Federal Express 863/763-3372 Mr. William Brisson LaRue Planning and Management Services, Inc. 2427 Porter Lake Drive Suite 110 Sarasota, FL 34240 RE: Okeechobee SR70 Holdings, LLC Statement of Special Reason and Basis of Request Rezone Application and Comprehensive Plan Amendment Application Dear Mr. Brisson: Okeechobee SR 70 Holdings, LLC holds fee simple title to 6.28 acres of land in the City ofOkeechobee. The site presently is open pasture with one single family horne and is located approximately 105 feet west of the intersection of State Road 70 (SR 70) and SE 13th Avenue and fronts SR 70 for 300 feet. The existing land use for the property is divided between Commercial and Single Family. The existing Commercial land use portion covers an approximate 250 foot depth along the SR 70 frontage or approximately 1_7 acres. The remaining 4.5 acres is under the Single Family land use designation. The existing Heavy Commercial (CHV) zoning covers an approximate 110 foot depth along the SR 70 frontage or approximately 0.8 aeres and the remaining 5.5 acres is zoned Residential Multiple Family (RMF). Okeechobee SR 70 Holdings, LLC is requesting a small scale land use amendment and rezoning to bring the entire 6.28 acre parcel under the Cornrnercialland use classification and CHV zoning. A description of the proposed project and justification for the land use amendment and rezoning follow. . 1El m 562 7981 FAX m 562 9689 ~=~ Kimley-Horn and Associates, Inc. 1. frooosed Project Description Okeechobee SR 70 Holding, LLC proposes to develop the 6.28 acre site into a conunercial node that will consist of an 85 rOOm national chain quality hotel, an approximate 3,400 square foot bank branch office, an approximate 5,500 square foot national chain. full service, restaurant and accessory retail, as City ofOkeechobee land development regulations dictate. A shared access driveway with the US Post Office, located adjacent to the west property line, is the proposed main access driveway from SR70. An additional secondary access driveway to SE Bib A venue at the south extent of the project is also proposed. The most recent site plan locates the hotel along the west property line and allows full traffic circulation around the hotel. The bank and restaurant are both located along the SR70 frontage with associated parking internal to the property. Accessory retail space and associated parking is located along the east property line and centnllly aligned in the north/south direction. Full traffic circulation through the project, between the two access drives, and to each of the proposed uses is achieved in the design. The south one quarter of the site is dedicated to stormwater retention. 2. Findin~ Required for GrantiTIll Petitions Per the City of Okeechobee land development regulations section 70-340 the following addresses the nine listcd items as they relate to the requested zoning change. 1) The use is not contrary to comprehensive plan requirements. Presently, the site's underlying future land use designation does not support the requested zoning change. A small scale comprehensive plan amendment is being requested to address this inconsistency. However, the proposed use and requested zoning change is not contrary to the provisions of the comprehensive plan and as part of the amendment request, consistencies with the comprehensive plan are being presented. 2) The use is specifically authorized under the zoning district regulations applied for. The proposed uses; hotel, bank, restaurant, retail are all uses specifically authorized under the requested CHV zoning district. 3) The use will not have an adverse effect on the public interest. Per the Okeechobee Utility Authority a sufficient excess capacity of potable water and wastewater treatment is available for the proposed use and intensity. A traffic impact analysis was prepared as required for this zone change request and indicates no lOWering of level of service in the roadway system as a result of this development at maximum intensity. ~=~ Kimley-Horn and Associates, Inc. 4) ne use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary or detrimental urbanizing land use patterns. The SR70 corridor within the City ofOkeechobee is continuing to develop into a commercial node. 1bis location is very suitable for the proposed uses as SR70 is a principal arterial that supports a significant portion of City thoroughfare traffic. Providing these services at this location keeps through traffic off other major and minor colIectorn and local roadways. Compatible uses and zoning districts presently exist on three (3) sides of the site. Along the north side ofSR70 the zoning is CHV. A full service US Post Office operates adjacent to and west of the site. A convenience store and equipment repair operation are adjacent and east of the site for approximately 400 feet south of the SR70 south right-of-way. The balance of the east property line borders single-family residences and SE 13th Avenue and the south property line also borders single-family residences. The proposed site plan locates all the stormwater management retention facility in the south portion of the site providing a large buffer between the proposed commercial uses and the adjacent residential uses. 5) The use will Dot adversely affect property values or living conditions, nor be a deterrent to the improvement or development oftbe adjacent property. The affect of the proposed use on the properties adjacent along the north west and east property boundaries wiII be to increase property values and promote improvement and development since these properties are of a similar use and are either presently Wldeveloped or of a lesser quality development. No adverse impact wiIJ occur to the single-family development to the south and southeast since the proposed uses will be effectively buffered along the project site perimeter. 6) The use can be suitably buffered from surrounding uses, so as to reduce tbe impact of any nuisance or hazard to the neighborhood. As stated above the only non-similar uses bordering the property occur along the south and south third of the east property boundaries. The proposed stonnwater retention facility will provide a wide buffer to the south. Also, the project will have a minimum 10-foot wide landscape buffer along its entire perimeter. 7) The use will not create a density pattern that would overburden public facilities such as schools, streets and utility services. The density pattern has already been established in the area surrounding the site and the site is the only remaining property south ~=n Kimley-Hom and Associates, Inc. along the SR70 that is not yet consistent with the established density pattern. 8) The use will not create traffic congestion, flooding Or drainage problems, or otherwise affect public safety. As indicated above, the traffic impact analysis prepared for this zoning change request indicates that the proposed use will not reduce the level of service on the affected roadways. In the course of the development approval it will be necessary that a stormwater management system be designed to meet standards developed by the oversight agencies to address flooding and drainab'C. Management systems designed to these standards wilJ result in lower potential rOT ofT-site flOoding and drainage impacts. No negative affects on public safety will occur as a result of the proposed use. 9) The use has not been inordinately burdened by unnecessary restrictions. The proposed use is a common and low impact use that is specifically addressed without excessive restrictions in the City of Okeechobee land development regulations. ~=~ Kimley-Horn and Associates, Inc. Future Land Use Element Policy 1.1: The proposed amendment is consistent with the City's policy of development approval conditional on the availability offaciIities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. As part of the amendment review process the Okecchobce Utility Authority (OUA) will contion the availability of the required potable watt.-r supply and capacity for wastewater disposal. It is the applicants understanding in speaking with representative of the OUA that this capacity exists. The included Traffic Impact Analysis reports that tm mc level of service is cssentinlly unaffected <Ind the development approval process will evaluate a stonnwater management system based on the 25 year/24 hour desi!,'11 storm. Policy 1.2: The proposed amendment is consistent with the City's policy of continuing to ensure that needed public facilities will be in place prior to or current with new development through implementation ofthe Concurrency Management System. Presently, existing paved roads surround the proposed property. Both watcr anu sewer services arc run in proximity to the proposed property to which thc proposed development can easily tie into. All needed public facilities arc currently in place. Policy 10.3: The proposed amendment is consistent with the City's policy of enforcing land development regulations addressing the subdivision ofIand. Any potential subdivision of the proposed property will occur in compliance with existing land development regulations. Policy 12.1: The proposed amendment is consistent with the City's policy regarding the criteria, standards and related provisions established in the Land Development Code for reducing the impacts from any Land Uses that are not in conformance or are inconsistent with this Comprehensive Plan shaH as a minimum: C) The proposed amendment is consistent with the City's policy of ensuring safe and convenient on-site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regulations. The proposed development's off-street parking and on-site traffic flow will be designed in compliance with the existing applicable land development regulations. This design will be presented to the City for review and comment to assure consistency with this policy. ~=~ Kimfey.Horn and Associates,lnc. D) The proposed amendment is consistent with the City's policy of ensuring that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and service is concurrent with development. Verification of public facility, utility and service availability for the proposed project will be confirmed as part of the site planning process. E) The proposed amendment is consistent with the City's policy of providing that development orders and pemlits shall not he issued which result in a reduction of the level of scnrices for affected public filcilities. The Traffic Impact Analysis (rIA) prepared for this amendment request indicates that no lowering of level of service occurs as a result of thi s lund llse change. Tn discussion with OUA representatives the potuhfe water and wastewater treatment capacity exists for intensity of development resulting in the change ofIand use. Level of service for affected public facilities as directly relates to the proposed site, will be con finned as part ofthe site planning process. Traffic Circulation Element Policy 4.1 : The proposed amendment is consistent with the City's policy of implementing a program to monitor and evaluate the impacts of existing and proposed development on the transportation system in order to ensure consideration of transportation issues in local land use decisions. The TlA report included with this amendment request analyzes the proposed development's impacts on the transportation system in order to identify any potential transportation issues. Consistent with the comprehensive plan the TIA concludes no lowering oflevel of service as a result of this land use change. Policy 6.3: The proposed amendment is consistent with the City's policy of enforcing provisions in its land development regulations, which meet or exceed FOOT standards to control access to arterial and collector roads by limiting new curb cuts and driveway permits, or other appropriate means. Potential roadway, driveway and curb designs for the proposed site will be completed in compliance with applicable land development regulations and FOOT standards. The possibility of re-designing the existing US Post Office access driveway on SR70 to a shared access driveway is presently being pursued. Acceptance of the shared driveway proposal wm eliminate the need for an additional driveway access off SR70. ~=~ Kimley-Horn and Associates, Inc. Policy 7.1: The proposed amendment is consistent with the City's policy of minimum peak hour operating levels of service to consistent with those set forth in the Florida Highway System Plan, Level of Service Standards and Guidelines Manual. As demonstrated in the Traffic Impact Analysis report minimum peak hour operating levels of service were examined for the proposed development and the land use change does not lower the level of service of SR70, a principal arterial. below level C. Policy 8.4: The proposed amendment is C0l1s1stent with the City's policy .of enforcing provisions in its land development regulations to require sidewalks in new commercial and residential developments which are subject to plat or site plan approval, to be linked where possible to the existing sidewalk system. The pedestrian sidewalk design for the proposed use will be linked to the existing sidewalk. in the SR70 south right-or-way. Sanitary Sewer. Solid Waste. Draina2c. Potable Water and Natural Groundwater Rechar2c Element Policy 1.5: The proposed amendment is consistent with the City's policy of interim drainage level of service standards. Stormwater lreatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and perfonnance standards established in Section 17-25.025. F.A.C. The first inch of stormwater nmoff shall be treated on-site, pursuant to Section 17-3.051, FA.C. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions ntX:essary to assure the suitability of water for the designated use of its classification as established in Chapter 17-3, F.A.C. These standards shan apply to all development and redevelopment. The proposed development's stormwater treatment and disposal facilities will meet the design and perrormance standards established in the applicable Florida Administrative Code. Site development under the proposed land use change wi}] require the design of a stormwtaer management system that meets the comprehensive plan's stated standards. Policy 6.1 : The City ofOkeechobee's land development regulation shall enforce stormwater drainage provisions which ensure that: ~=~ Kimley-Horn and Associates, Inc. (a) The proposed amendment is comistent with the City's policy of requiring new developments to manage runoff from the 25-year frequency, 24-hour duration design storm event on-site so that post-development runoff rates, volumes and pollutant loads do not exceed pre-developrnent conditions. The proposed development will examine pre and post-development runoff rates as part of the site planning process and will manage runoff in compliance with the existing applicable City land development regulations and South Florida Water Management District water quality standards. (b) The proposed amendment is consistent with the City's policy of ensuring stormwatcr engineering, design and construction standards for Oil-site systems arc provided. Stonnwater engineering, design and construction standards for (m-site systems tor the proposed development wilJ be provided as part of the site planning process and will occur in compliance with applicable land development regulations. (c) The proposed amendment is consistent with the City's policy of enforcing erosion and sediment controls are used during development. Erosion and sediment controls for the proposed development will OcclIr in compliance with applicable land development regulations and best management practices. The land development activity will be required to be covered by the Florida Department of Environmental Protection general permit tor stormwater discharges associated with construction activities and the requirements associated with this permit coverage. Conservation Element Policy 5.1: The City shall enforce provisions in its land deveJopment regulations to ensure that new development, regardless of its location in the City, meets the following conditions: (a) The proposed amendment is consistent with the City's policy of ensuring that new development does not degrade water quality in Taylor Creek. The proposed development will develop a stormwater pollution prevention plan during the site planning process in compliance with land development regulations and other pennitting agencies. The design of a stonnwater management system for the purpose of treating stormwater runoff from the developed site is a requirement of site plan review by the City and South Florida Water Management District. Stormwater discharge will meet water quality standards as set by the Walee Management District. ~=~ Kimley-Horn and Associates, Inc. (b) The proposed amendment is consistent with the City's policy of ensuring that new development does not threaten grOtmdwater quality, particularly in the vicinity of municipal wells; The project site is not in the vicinity of a municipal water well or in the City's groundwater recharge area. Stormwater runoff that percolates into the local aquifer will be subject to treatment by the implemented stormwater treatment system. (c) The proposed amendment is consistent with the City's policy of ensuring ttmt new development preserves existing wetland areas; The proposed development will complete un Environmcntal Rcsource Analysis to identify wetland areas during the site planning process and if necessary develop a preservation plan in compliance with land development rCb'lilations and other pennitting agencies. (d) The proposed amendment is consistent with the City's policy of ensuring that new development avoids the disturbance of natural drainage features; The site is not located in an area that transects any existing natural drainage features. In preparation of the stormwater management plan the existing site drainage pattern will be maintained. (c) The proposed amendment is consistent with the City's policy of ensuring that new development preserves habitat for endangered and/or threatened wildlife species. If required, an Endangered Species Analysis to identifY any endangered species and/or threatened wildlife species on the site will be presented during the site planning process. If necessary a preservation/mitigation plan compliant with the applicable land development regulations will be prepared and will consider preservation of the required habitat within the site bOWldary. Policy 6.6: The proposed amendment is consistent with the City's policy of the quality of water to be discharged from the new surface water management systems shall be subject to Federal, State, Regional and Local pennitting programs and regulations that determine compliance with Federal, State and Local water quality standards. Stormwater discharges from development must meet relevant water quality and surface water management standards as set forth in Rules 62.-. 62.-40,62-302, 4OE-4, F.A.C. and by local ordinance. The proposed development's stormwater treatment and disposal facilities will meet the design and perfonnance standards established in the applicable Florida Administrative Code. Site development under the proposed land use change will require the design of a stonnwater management system that meets the comprehensive plan's stated standards. . . ~=~ Kimley-Horn and Associates, Inc. Policy 6.7: The proposed amendment is consistent with the City's policy of requiring all new developments to meet the provisions of the SFWMD Volume IV, Basis of Review for Surface Water Management and local provisions pursuant to this Comprehensive Plan to protect surface water quality within the City. The proposed development will protect surface water quality in compliance with SI<'WMD and applicable Jand development regulations. Any proposed development on the site will require review and approval of the slonnwakr management system with regard to the water quality standards set by SFWMD.