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2020-08-20 (PB)CS.OF-OK,, e CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD WORKSHOP MEETING AUGUST 20, 2020 SUMMARY OF BOARD DISCUSSION I. CALL TO ORDER Chairperson Hoover called the Workshop meeting of the Planning Board for the City of Okeechobee to order on Thursday, August 20, 2020, at 6:41 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-193 effective August 7, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. If. ATTENDANCE General Services Secretary Montoya called the roll. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Member Joe Papasso was present. Board Member Phil Baughman and Alternate Board Member Jim Shaw were absent. CITY STAFF: City Planning Consultant Ben Smith, Planning Board Secretary Patty Burnette, and Executive Assistant Robin Brock were present. City Attorney John Fumero was absent. III. ITEMS OF DISCUSSION A.1 Mr. Ben Smith of LaRue Planning and Management Services was present as the City's Planning Consultant and briefly explained his Staff Report regarding Land Development Regulation (LDR) amendments that will allow the City of Okeechobee to initiate Zoning map changes and Future Land Use Map (FLUM) changes with less requirements than are currently required for map changes requested by property owners. He confirmed with other local governments that no survey is required for a City initiated rezoning or a City initiated FLUM Amendment. Identifying the subject property on maps and providing a legal description is sufficient. He is proposing the following minor changes to the processing procedures of Applicant initiated map changes in order to more clearly align with the manner in which requests are actually processed. Amend Appendix A, Form 1 Comprehensive Plan Amendment Petition number 2.b., to read Administrator reviews petition, initiates processing, issues notice of Planning Board public hearing. Amend Appendix A, Form 1 Comprehensive Plan Amendment Petition number 2.d., to read Administrator issues notice of City Council public hearing. Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.b., to read Administrator reviews petition, initiates processing, issues notice of Planning Board public hearing. Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.d., to read Administrator issues notice of City Council public hearing. Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.e., by adding City Council holds first public hearing, renders decision. Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.f., by adding if approved, Administrator issues notice of second City Council public hearing. Amend Appendix A, Form 3, Zoning district boundary change Petitions number 2.g., to read City Council holds second public hearing, renders final decision on petition. Amend Appendix A by adding Form 19, Administratively Initiated Comprehensive Plan Future Land Use Map Amendment and Form 20, Administratively Initiated Zoning District Boundary Change petition that list petition contents and processing information. August 20, 2020 Planning Board Workshop Meeting Page 1 of 3 In addition to new application requirements proposed in Appendix A, some minor revisions are also proposed to Section 70-340 in order to broaden the applicability of the required findings for zoning map changes and land development code changes. Amend the first paragraph to read, All petitions for change of land development regulations and change of zoning district boundary shall be considered in relation to the following criteria, where applicable. In acting upon a petition, the City Council, Planning Board, or Board of Adjustment, as appropriate, shall find that: (1) amend the word use to request and in (3), (5), (7), and (8) amend the wording at the beginning of each sentence from The use to Approval of the request. The consensus of the Board was in agreement with the City Planner's recommendations as noted above. A.2 Mr. Smith discussed the Planning Staff Report and copies of minutes he had distributed from the Planning Board and City Council Meetings held on July 19, 2007, August 16, 2007, September 5, 2007, and September 19, 2007, regarding several issues related to the current Residential Mobile Home (RMH) district standards and the maximum density allowed in the Single Family (SF) Residential Future Land Use (FLU) category. First issue is the list of permitted uses which includes types of development that do not seem correct in the context of the definitions provided for those uses. Section 90-162(2) lists mobile home park, with one mobile home per lot as a permitted use. However, the definition of mobile home park requires that the park must be under single ownership. While this could mean an area with separate lots all owned by the same entity, it is more typically one parcel of land owned by one entity, with multiple mobile home sites for rent or lease by that entity. Section 90-162(8), which was a result of Ordinance No. 997 adopted on September 19, 2007, site -built or modular single-family homes on lots in mobile home parks existing as of August 1, 2007, can be interpreted at least three different ways: Site built or modular single family homes can be built on a lot in a mobile home park if that mobile home park was in existence in August 1, 2007; Site built or modular single family homes can be built on a lot in a mobile home park if that lot was in existence in August 1, 2007; or Site built or modular single family homes are a permitted use (not nonconforming) on lots in mobile home parks only if those structures were in existence as of August 1, 2007. If the third interpretation is used, then no new site built, or modular single-family homes would be allowed in the RMH district. However, there are development standards provided for single family homes in Section 90-165, so this is likely not the correct interpretation, as some construction of new single-family homes is clearly envisioned in this district. Whether the first or second interpretation is used, it seems unlikely that site built, or modular single-family homes would be confined only to lots in mobile home parks. The intent seems more likely to allow single family homes in what is currently defined as a mobile home subdivision. Based on the above, he proposes the following: Amend Section 90-162(2) to read mobile home park, with one mobile home per site Amend Section 90-162(8) to either read site -built or modular single-family homes in mobile home subdivisions on lots existing as of August 1, 2007 or site -built or modular single-family homes in mobile home subdivisions. The first option would prohibit the placement of single-family homes in new mobile home subdivisions and the second option would allow it. Amend Section 90-165(2) to read minimum lot/site area. Second issue Section 90-165(3)(a) reads district yard minimum of 20 feet on all property boundaries. This seems to contradict the other required setbacks of the district which seem to cover all potential structures. Since the 10 -foot rear and side setbacks allowed under Section (b) do seem appropriate, he proposes Section (a) be stricken from the code. A.3 Lastly, the minimum allowed lot size could create a density that would exceed the maximum allowed density of the SF Residential FLU category. The RMH zoning district is only permitted within this FLU category, the standards for which are provided in FLU Policy 2.1(a) of the City's Comprehensive Plan. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. August 20, 2020 Planning Board Workshop Meeting Page 2 of 3 Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. Section 90- 165(2)(a) allows for minimum lot sizes of 5,000 square feet for mobile homes and single- family homes. If a mobile home subdivision were to be created with 5,000 square foot lots, the density would be 8.7 dwelling units per acre which would be inconsistent with the City's Comprehensive Plan. Since there are quite a few existing 5,000 square foot lots in the RMH district and to avoid the creation of non -conforming lots he proposes amending FLU Policy 2.1(a) of the City's Comprehensive Plan as follows: Delete what is currently number 1 and replace it to now read Zoning districts considered appropriate within this future land use category include Rural Heritage (RH), Residential Single -Family One (RSF 1), Residential Mobile Home (RMH), and Residential Planned Unit Development (PUD -R). Add number 2 to read For the RH, RSFf-1 and PUD -R zoning districts, the maximum density is four units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single-family development shall be five units per acre. Add number 3 to read For the RMH zoning district, the maximum density is nine units per acre. After a lengthy discussion the consensus of the Board was to remove the 20 foot minimum yard setback required in Section 90-165(3)(a); to permit and encourage the redevelopment of lots in the RMH district with single family dwellings to replace mobile homes; to leave the maximum densities allowed by the SF Residential FLU Category unchanged; and permit no new subdivisions or lot splitting which is inconsistent with the maximum densities allowed by the comprehensive plan; and that the permitted uses and lot area requirements of the RMH district should be amended to achieve this. IV. There being no further items on the agenda, Chairperson Hoover adjourned the workshop at 7:28 P.M. ATTEST: Dawn T. Hoover, Chairperson - PM N- bumyf Patty 0. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. August 20, 2020 Planning Board Workshop Meeting Page 3 of 3 N C3� r�tkn "tt6 C?,.OF -0/( 'Y CITY OF OKEECHOBEE, FLORIDA AUGUST 20, 2020, PLANNING BOARD WORKSHOP MEETING y 915• MINUTE GUIDE I. CALL TO ORDER 1-0 P(n Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, August 20, 2020, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-193 issued by Governor DeSantis on August 7, 2020, and extended by Executive Order No. 20-179 effective October 1, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. II. ATTENDANCE Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice -Chairperson sew' : Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. III. ITEMS OF DISCUSSION 1. Amend the City Land Development Code to provide standards for city initiated rezonings. 2. Amend the City Land Development Code pertaining to the Residential Mobile Home (RMH) zoning district. 3. Amend the City Comprehensive Plan to address the allowable density in the RMH zoning district. IV. -i-- CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT A. Chairperson Hoover yielded the floor to City Planning Consultant Ben Smith of LaRue Planning and Management Services briefly reviewed the Planning Staff Report dated August 20, 2020 which provided amendments to various topics of the Land Development Regulations and Comprehensive Plan. 1. Amend the City Land Development Code to provide standards for city initiated rezonings. Mr. Smith explained this topic, this report presents land development code amendments that will allow the City of Okeechobee to initiate zoning map changes and future land use map changes with less requirements than are currently required for map changes requested by property owners. As staff confirmed with other local governments, no survey is required for a city initiated rezoning or a city initiated future land use map amendment. Identifying the subject property on maps and providing a legal description is sufficient. Minor changes to the processing procedures of applicant initiated map changes are also proposed in order to more clearly align with the manner in which requests are actually processed. . U -t i August 20, 2020 Planning Board Workshop Meeting Page 1 of 2 V. ITEMS OF DISCUSSION CONTINUED. 2. Amend the City Land Development Code pertaining to the Residential Mobile Home (RMH) zoning district. Mr. Smith explained this topic, d a.0 tw / j , v- 01 6-- 1, ,.. ,i .1;, r-, ,.- 'I ' .,.. , 101/0 3. Amend the City Comprehensive Plan to address the allowable density in the RMH zoning district. Mr. Smith explained this topic, nr cY:— � IruC E0�stag Luo CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT VI. CHAIRPERSON ADJOURN WORKSHOP ?; P August 20, 2020 Planning Board Workshop Meeting Page 2 of 2 F W \ly.OF'OKf�.Cyo� m CITY OF OKEECHOBEE, FLORIDA AUGUST 20, 2020, PLANNING BOARD WORKSHOP MEETING MINUTE GUIDE I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, August 20, 2020, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-193 issued by Governor DeSantis on August 7, 2020, and extended by Executive Order No. 20-179 effective October 1, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. II. ATTENDANCE Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice -Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. III. ITEMS OF DISCUSSION 1. Amend the City Land Development Code to provide standards for city initiated rezonings. 2. Amend the City Land Development Code pertaining to the Residential Mobile Home (RMH) zoning district. 3. Amend the City Comprehensive Plan to address the allowable density in the RMH zoning district. IV. CHAIRPERSON, HOOVER OPENED THE PUBLIC HEARING AT A. Chairperson Hoover yielded the floor to City Planning Consultant Ben Smith of LaRue Planning and Management Services briefly reviewed the Planning Staff Report dated August 20, 2020 which provided amendments to various topics of the Land Development Regulations and Comprehensive Plan. 1. Amend the City Land Development Code to provide standards for city initiated rezonings. Mr. Smith explained this topic, this report presents land development code amendments that will allow the City of Okeechobee to initiate zoning map changes and future land use map changes with less requirements than are currently required for map changes requested by property owners. As staff confirmed with other local governments, no survey is required for a city initiated rezoning or a city initiated future land use map amendment. Identifying the subject property on maps and providing a legal description is sufficient. Minor changes to the processing procedures of applicant initiated map changes are also proposed in order to more clearly align with the manner in which requests are actually processed. . August 20, 2020 Planning Board Workshop M eting Page 1 of 2 p't �+,j eycx-- / ? cG ? 66L, r-cpA " � �� T�' � �� (1��' .. r►�wo(.-fid oh -Q- �� at 4 L - -1--, VS RG ff, V. ITEMS OF DISCUSSION CONTINUED. 2. Amend the City Land Development Code pertaining to the Residential Mobile Home (RMH) zoning district. Mr. Smith explained this topic, 6-4 3. Amend the City Comprehensive Plafi to address the allowable density in the RMH zoning district. Mr. Smith explained this topic, CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT VI. CHAIRPERSON ADJOURN WORKSHOP August 20, 2020 Planning Board Workshop Meeting Page 2 of 2 Lake Okeechobee News 47*uNDEPENDENT 107 SW 17th Street, Suite D Okeechobee, Florida 34974 i 863-763-3134 NWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, Florida, that the attached copy of an advertisement being a i Y' "J, in the matter of 1' \O;NAVV\ VA" in the 19th Judicial Districof the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the Isaid Lake 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 first publication of the attached copy of advertisement, and affiant 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 publication in the said 'newspaper. Katrina Elsken Muros Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # GG 971582 EXPIRES: Apol 20, 2024 FOFF�°P Bonded Thru Notary Public Underwriters cLTYOFoI�aIOBEE .,• ,... M lM NOTICE k PLANUM BOARD WORKRIOP MORICf:The of CFeednbee FtNVIJQJG B<]M1RD (PB) w8 conduct a' wpl�f�op on Aug.X11, 7D20,6PM, or as soon U�ereaRer as possi ,at Cay fJW.555E 3idAVE,Rm 200, Okeedabee.R,mre vanddws:9ancnis for C� yy iubatel amend the Re4dahthl Noble Home (RM1Fi) Zonig D'dhldwthihihe�hart Regniatiort' ar ,- ff Cnmpmhar ske Plan to address the abwatledercslY in the RMH Z-" D'ONt Chze s haveeptionsto SUW*pub6c--its and/or Questions by 3 PM the of the srraxnhet in vrniN rg 1n addre� and tWic q comment; or m 0� 863.763-W24,toedbeyour� anmac^ i-ooar detailed voice nwssae.Ie with a can bade number.CD VrNMMk •ea of Car read aloud during the a conn n9 min( tarYGeneral Sauces with any questiors.lfie WW is IrYtPd to attend; sell" is 4Ned in accordance wth beaitf a Order #20.179. MuniopaRles may conduct maeJirrgs of tlhni 9"^artthart �h9 a quonan d + nJ Wms vv is n,arbas praart phys+att'or at ay locaii., and- niatlorsnhed3 n2 —orvdeocordaaxMas b Sera .54(5 - om,aD,�"'a�v Q+fito corhstihAeacpnonan. Thee alwesdie PS, Staff, and ptacto par�via laptop,_ the ida m the websle at en mnl/a9v�rahd'aso Mdhh tem_P w *N. Conti i Robin &o& BEPR430n e day of the meat], 863-7E-9812 for asstsmnm ANY PERSON DECIDING TO APPEAL arty deiixh rtede by the Board withreTecttoanymattemrrstief atthismeAnhgwarr>eedtoansaeaver- hat n record of the prooeedrB is made and Bre nerd ttdides the tetmorry and e.Mahcourn whin the appeal w7 be based. N a®rdanoe with the Mhaans twith D®bBi Act (AIX+), arV Parson WM a d®bNv as dated by the AU4, Ghat rhea% �eml amorrrnodalem to pantr>pat h tlhs P daK � m s sopa to mrr�ct the General 5avo� Office ro late tlhan bw Wsne$ pooeerling, 863 -7E3 -33R. BE ADVISID tlat cthaid You Mend to I— any quina i, p�ae, vdeo or tars to the Board in support a oppasibw t> any tem on ft agenda' a= of fhe do --k Pi M, video, or ten nvLQ be Provided to the Board Senelary fax the QlyS record. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT TPBS M EEETIN(' THIS NOTICE IS POSTED TO MEET STATE PUBi3C NOTICE REQUIREMENTS AND SUNSHUE LBAyW& 423185a O�MI� . tic OKee CITY OF OKEECHOBEE �� om PLANNING BOARD WORKSHOP o s 55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974 977 OFFICIAL AGENDA AUGUST 20, 2020 6:00 P.M. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by Executive Order No. 20-179, effective July 29, 2020, municipalities may conduct meetings, of their governing boards without having a quorum of its members present physically or at any specific location and utilizing communications media technology (CMT) such as a telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. I. CALL TO ORDER II. ATTENDANCE Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Felix Granados Board Member Mac Jonassaint Alternate Board Member Joe Papasso Alternate Board Member Jim Shaw City Attorney John Fumero City Planning Consultant Ben Smith Planning Board Secretary Patty Burnette General Services Secretary Yesica Montoya III. ITEMS OF DISCUSSION A. Planning Staff Report Topics (Exhibit 1). 1. Amend the City Land Development Code to provide standards for city initiated rezonings. 2. Amend the City Land Development Code pertaining to the Residential Mobile Home (RMH) zoning district. 3. Amend the City Comprehensive Plan to address the allowable density in the RMH zoning district. IV. ADJOURN MEETING 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting 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 media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. August 20, 2020 Planning Board Workshop Meeting Page 1 of 1 i To: Okeechobee Planning Board From: Ben Smith, AICP Workshop ®ate: August 20, 2020 Subject: City Initiated Map Changes Based on direction from the Board at the July workshop, this report presents land development code amendments that will allow the City of Okeechobee to initiate zoning map changes and future land use map changes with less requirements than are currently required for map changes requested by property owners. As staff confirmed with other local governments, no survey is required for a city initiated rezoning or a city initiated future land use map amendment. Identifying the subject property on maps and providing a legal description is sufficient. Minor changes to the processing procedures of applicant initiated map changes are also proposed in order to more clearly align with the manner in which requests are actually processed. In addition to new application requirements proposed in Appendix A, some minor revisions are also proposed to Section 70-340 in order to broaden the applicability of the required findings for zoning map changes and land development code changes. If the Board is in agreement with the changes shown in strikethrough and underline format below, staff will prepare an ordinance for the next available meeting of the Planning Board. providing planning and management solutions for local governments 1 575 Jackson Cjtrect, Suite 20,5 Fort Myers, FL 33901 239-55+-330'www.larueplanning.com CHAPTER 70 — ADMINISTRATION ARTICLE III. —ADMINISTRATIVE PROCEDURES AND REQUIREMENTS x :k DIVISION 4. —APPLICATION REQUIREMENTS >k Sec. 70-340. - Findings required for granting petitions. All petitions for change of land development regulations and change of zoning district boundary shall be considered in relation to the following criteria, where applicable. In acting upon a petition- sr the city council, planning board, or board of adjustment, as appropriate, shall find that: (1) The request is not contrary to comprehensive plan requirements. (2) The use is specifically authorized under the zoning district regulations applied for. (3) Ts,':e-4s--Approval of the request will not have an adverse effect on the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is not contrary or detrimental to urbanizing land use patterns. (5) ?hw-!az<�Approval of the request will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. (6) The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) Approval of the request will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) T -,-e Approval of the request will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The use has not been inordinately burdened by unnecessary restrictions. 2 LaRue APPENDIX A - APPLICATION FORMS AND CONTENT REQUIREMENTS Form 1. - Comprehensive plan amendment petition. 1. Petition contents. Comprehensive plan amendment petition shall be submitted on the appropriate application form and comprises the following: a. Petitioner's name, address, phone number. b. Reason for requesting the amendment. c. Details of the requested amendment. d. Supplementary supporting information. e. Information and documents requested by city administrator prior to public hearing. f. Application fee. 2. Processing. Comprehensive plan amendment petitions are processed as follows: a. Applicant submits petition to general services department. b. Administrator reviews petition, initiates processing, issues notice of 4hst= planning board public hearing. c. Planning board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of cid council public hearing. e. City council holds public hearing, renders final decision on petition. # =k M # Form 3. - Zoning district boundary change petition. 1. Petition contents. Zoning district boundary change petition shall be submitted on the appropriate application form and comprises the following: a. Petitioner's name, address, phone number. b. Proof of interest in property. c. Property survey and location map. d. Property owner's list. e. Site development plan. f. Statement of use. g. Supplementary supporting information. h. Impact analysis. i. Application fee. 2. Processing. Zoning district boundary change petitions are processed as follows: a. Applicant submits petition to general services department. b. Administrator reviews petition, initiates processing, issues notice of planning board public hearing. 3 LaKue lnhio9 c. Planning board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of city council public hearing. e. City council holds first public hearing, renders decision. f_ If approved, Administrator issues notice of second.citv council public hearing. 'g. City council holds second public hearing, renders final decision on petition. Form 19. —Administratively Initiated comprehensive plan future land use map amendment. 1. Petition contents. Comprehensive plan future land use map amendments initiated by the City of Okeechobee shall be presented by city staff in a report which includes the following_ a. List of property owners. b. Location map identifying subject property. c. Future Land Use Map identifying subject property. d. Zoning Map identifying subject property. e. Legal description of subject property f. Reason for amendment g. Supplementary supporting information. h. Information and documents requested by city administrator prior to public hearing. 2. Processing. Administratively initiated comprehensive plan amendment petitions are processed as follows: a. Staff prepares a report on the proposed map change. b. Administrator reviews petition, initiates processing, issues notice of public hearing. c. Fiariiiinq board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of city council public hearing. e. City council holds public hearing, renders final decision on petition. Form 20. —Administratively Initiated zoning district boundary change petition. 1. Petition contents. Zoning district boundary changes initiated by the City of Okeechobee shall be presented by city staff in a report which includes the following a. List of property owners. b. Location map identifying subject property. C. Future land use map identifying subject property. d. Zoning map identifying subject property. e. Legal description of subject property f. Reason for rezoning q. Supplementary supporting information. 4 I,.ah'ue plannnIg h. Information and documents requested by city administrator prior to public hearing. 2. Processing. Administratively initiated zoning district boundary change petitions are processed as follows: a. Staff prepares a report on the proposed map change. b. Administrator reviews staff report, initiates processing issues notice of planning board hearing C. Planning board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of first city council public hearing. e. City council holds first public hearing renders decision. f. If approved, Administrator issues notice of second city council public hearing. g. City council holds second public hearing renders final decision. LaRue p�nin9 To: From: Workshop Date: Subject: Staff Report Okeechobee Planning Board Ben Smith, AICP August 20, 2020 Residential Mobile Home (RMH) District Standards Due to an inquiry from a builder, staff became aware of several issues regarding the current Residential Mobile Home (RMH) district standards and the maximum density allowed in the Single Family Residential future land use category. The RMH district standards are located in Division 4 of Article III of Chapter 90 of the City's land development code. The issues that staff discovered in that section include: 1. Rerr:::tted Uses: The list of permitted 'uses includes types of development that do not seeirn correct in the context of the definitions provided for those uses. 2. Required Setbacks: One of the required setbacks seems contrary to the other required setbacks. 3. Density: The minimum allowed lot size could create a density that would exceed the maximum allowed density of the single family residential future land use category. Section 90-162 provides the list of permitted uses in the RMH district as follows: (1) Mobile home subdivision, with one mobile home per lot. (2) Mobilc home park. with one mobile home per lot. (3) Hurricane shelter. (4) Public and private schools. (5) House of worship, on a lot of at least five acres. (6) Open space. (7) Public facility or use. (8) Site built or modular single-family homes on lots in mobile home parks existing as of August I. 2007. Section 90-165 provides lot and structure requirements as follows: Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. a. Mobile home park: Area 10 acres b. Mobile home subdivision: Area 10 acres Providing planning and management solutions for local governments 1575 Jackson rjtreet, Suite 206 Fort Myers, FL 339ol 239-33`- 3366 www.6ruep6nningcom Section 66-1 provides the definition of mobile home park and the definition of mobile home subdivision as follows: Mobile home park means land under single ownership which is used to supply to the public spaces for the Vplacement and occupancy of two or more mobile homes as dwelling units. Mobile home subdivision means a subdivision of land for the sale of lots for the placement and occupancy of mobile homes as dwelling units. Permitted Uses Based on the definitions of mobile home park and mobile home subdivision, there are a few issues with the list of permitted uses in the RMH district: Subsection 90-162(2) lists "mobile home park, with one mobile home per lot" as a permitted use. However, the definition of mobile home park requires that the park must be under single LaK-? 2 0anniing C. Recreation vehicle park: Area 10 acres (2) Minimum lot area. a. Mobile home and single-family home: Area 5,000 square feet Width 50 feet b. Other permitted principal uses: Area 10,000 square feet Width 100 feet (3) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: a. District yard minimum: 20 feet on all property boundaries Front 20 feet b. Mobile home and single-family home: Side 10 feet Rear 10 feet Front 25 feet C. Other permitted principal uses: Side 20 feet Rear 20 feet (4) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface a Mobile home, recreation vehicle and single-family 50 percent 50 percent home: b. Other permitted principal uses: 30 percent 50 percent (5) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. Section 66-1 provides the definition of mobile home park and the definition of mobile home subdivision as follows: Mobile home park means land under single ownership which is used to supply to the public spaces for the Vplacement and occupancy of two or more mobile homes as dwelling units. Mobile home subdivision means a subdivision of land for the sale of lots for the placement and occupancy of mobile homes as dwelling units. Permitted Uses Based on the definitions of mobile home park and mobile home subdivision, there are a few issues with the list of permitted uses in the RMH district: Subsection 90-162(2) lists "mobile home park, with one mobile home per lot" as a permitted use. However, the definition of mobile home park requires that the park must be under single LaK-? 2 0anniing ownership. While this could mean an area with separate lots all owned by the same entity, it is more typically one parcel of land owned by one entity, with multiple mobile home sites for rent/lease by that entity. This use, as listed in Section 90-162(2) should be revised to be consistent with the definition of a mobile home park. Subsection 90-162(8) can be interpreted at least three different ways: 1. Site built or modular single family homes can be built on a lot in a mobile home park if that mobile home park was in existence in August 1, 2007. 5k -lS 0S�ul`' 2. Site built or modular single family homes can be built on a lot in a mobile home park if that k�V,9J�' lot was in existence in August 1, 2007. 3. Site built or modular single family homes are a permitted use (not nonconforming) on lots in mobile home parks only if those structures were in existence as of August 1, 2007. If the third interpretation is used, then no new site built or modular single family homes would be allowed in the RMH district. However, based on the fact that there are development standards provided for single family homes in section 90-165, this is likely not the correct interpretation, as some construction of new single family homes is clearly envisioned in the RMH district. Now, whether the first or second interpretation is used, it seems odd that site built or modular single family homes would be confined only to lots in mobile home parks. More than likely, the intent was to allow single family homes in what is currently defined as a mobile home subdivision. Based on the apparent discordance of section 90-162, section 90-165 and section 66-1, and what are common zoning practices, section 90-162(8) could be revised to allow "site -built or modular single-family hornes in mobile Borrie subdivisions on lots existing as of August 1, 2007" or "site - built or modular single-family homes in mobile home subdivisions". The first option would prohibit the placement of single family homes in new mobile home subdivisions and the second option would allow it. Required Setbacks Section 90-165(3)(a) seems to contradict the setbacks allowed in subsection (b) and (c). Subsections (b) and (c) seem to cover all potential structures and subsection (a) requires greater setbacks than the minimum allowed under subsection (b). Since the 10 foot rear and side setbacks allowed under section (b) do seem appropriate, we recommend that subsection (a) be stricken from the code. LaR�!c 3 ptannLng Density The RMH zoning district is only permitted within the single family residential future land use category, the standards for which are provided in Future Land Use Policy 2.1(a) of the City's Comprehensive Plan as follows: Single -Family Residential. Permitted uses include single-family dwellings, mobile home parks, houses of worship, public and private schools, public facilities, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential development such as boarding houses, bed and breakfasts, adult family care homes, assisted living facilities, community centers, indoor and outdoor recreation and public utilities may be permissible under certain circumstances. (1) Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. (2) Zoning districts considered appropriate within this future land use category include Rural Heritage (RH), Residential Single -Family One (RSF 1), Residential Mobile Home (RMH), and Residential Planned Unit Development (PUD -R). Section 90-165(2)(a) allows for minimum lot sizes of 5,000 square feet for mobile homes and single family homes. If a mobile home subdivision were to be created with 5,000 square foot lots, the density would be 8.7 dwelling units per acre. This is inconsistent with the City's comprehensive plan, as this density is greater than the maximum density of 6 units per acre that is permitted by future land use policy 2.1(a). Generally, it is best to make the land development code consistent with the comprehensive plan, not the other way around. However, since there are quite a few existing 5,000 square foot lots in the RMH district, it may be more sensible to amend the comprehensive plan in order to avoid the creation of non -conforming lots. Proposed Revisions CHAPTER 90 — ZONING ARTICLE 111. — DISTRICTS AND DISTRICT REGULATIONS DIVISION 4. — RESIDENTIAL MOBILE HOME (RMH) DISTRICT Sec. 90-161. - Generally. (a) Residential mobile home (RMH) zoning districts shall be permitted only on land designated as future land use category single-family residential in the comprehensive plan. (b) Uses in residential mobile home (RMH) zoning districts shall be subject to the regulations of this division. Sec. 90-162. - Permitted uses. The following principal uses and structures in the RMH district are permitted: (1) Mobile home subdivision, with one mobile home per lot. (2) Mobile home park, with one mobile home per (3) Hurricane shelter. (4) Public and private schools. (5) House of worship, on a lot of at least five acres. (6) Open space. (7) Public facility or use. j (8) Site -built or modular single family homes in mobile home - =subdivisions on icts existing ✓ as of August 1, 2007. Sec. 90-163. - Special exception uses. The following uses and structures are permitted in the RMH district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Adult family care homes or assisted living facilities as provided by law. (2) Day care center. (3) House of worship on a lot less than five acres. (4) Recreation vehicle park for transient recreation use only. (5) Community center. (6) Indoor recreation. (7) Outdoor recreation. (8) Golf course. (9) Public utility. LaRue 5 plu-nnin-9 Sec. 90-164. - Customary accessory uses. Each permitted principal use and special exception use in the RMH district is also permitted to have the customary accessory uses for that use. Sec. 90-165. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. a. Mobile home park: Area 10 acres rb. Mobile home subdivision: I Area 10 acres c. Recreation vehicle park: Area 10 acres (2) I 1 Minimum lot site area. a. 1 Mobile home and single-family home: ( Area j 5,000 square feet f --J I Width i 50 feet b. Area f �._T___-._ 10,000 square feet Other permitted principal uses: Width 100 feet j (3) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: i �. feet AR all prepe4y beuRdaFies i Front 20 feet ba. Mobile home and single-family home: Side 10 feet I Rear 10 feet Front 25 feet eb. Other permitted principal uses: Side 20 feet Rear 20 feet (4) j Maximum lot coverage by all buildings. r Maximum i Maximum Coverage Impervious Surface Mobile home, recreation vehicle and single- a family home: 50 percent 50 percent LaRue 6 ptartni7rg b. Other permitted principal uses: 30 percent 50 percent (5) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single -Family Residential. Permitted uses include single-family dwellings, mobile home parks, houses of worship, public and private schools, public facilities, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential development such as boarding houses, bed and breakfasts, adult family care homes, assisted living facilities, community centers, indoor and outdoor recreation and public utilities may be permissible under certain circumstances. 1. par -6. Whery aff-or-dabie housing is provided in aersordanee with Wousing Pahey 1.6, the maximum densit�, for- single fionily develepFa shall be five :rte o Zoning districts considered appropriate within this future land use category include Rural Heritage (RH), Residential Single - Family One (RSF 1), Residential Mobile Home (RMH), and Residential Planned Unit Development (PUD -R). 2. _ For the RH, RSF-1 and PUD -R zoning districts, the maximum density is four units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. 3. For the RMH zoning; district, the maximum density is nine units per acre. L aKue 7 phinrti qg