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2021-04-20 Ex 03Ordinance No. 1224 - Page 1 of 3 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1224 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE HOLDING REZONING PROGRAM, PROVIDING INCENTIVES FOR OWNERS OF PROPERTIES ZONED HOLDING TO REZONE TO OTHER ZONING DISTRICTS SUPPORTED BY THE LAND DEVELOPMENT REGULATIONS (LDR), REDUCING THE APPLICATION FEES AND APPLICATION SUBMITTAL REQUIREMENTS; AMENDING APPENDIX A OF THE LDR ADDING FORM 22, HOLDING ZONING DISTRICT BOUNDARY CHANGE PETITION; AMENDING APPENDIX C OF THE LDR ADDING AN APPLICATION FEE FOR REZONING PROPERTY ZONED HOLDING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as am ended, known as the LDR; and WHEREAS, the LDR generally contain codes specific to each zoning district, which provide lists of permitted uses, lists of specially permitted uses and regulations for development within that specific zoning district; and WHEREAS, multiple parcels within the City are zoned Holding, though the LDR do not currently contain any codes specific to regulating the Holding zoning district; and WHEREAS, the City Council has a legitimate interest in ensuring that the potential devel opment of every parcel in the City is regulated by clear and concise LDR; and WHEREAS, the Future Land Use Element of the City of Okeechobee Comprehensive Plan generally contains descriptions of future land use designations in which lists of zoning districts that are appropriate within those designations are provided; and WHEREAS, the Holding zoning district is not listed as an appropriate zoning district within any of the future land use designations; and WHEREAS, the City Council seeks to encourage owners of properties in the Holding zoning district to rezone to other zoning districts which are supported by the LDR, the Future Land Use Element; and the Future Land Use Map; and WHEREAS, the Planning Board of the City of Okeechobee, Florida, recommends t hat the Council adopt reduced application submittal requirements and reduced application fees for rezoning of properties which are either partially or entirely zoned holding; and WHEREAS, the Planning Board of the City of Okeechobee, Florida, has reviewed the existing conditions of parcels in the Holding zoning district; including the future land use designation, the existing land use, the prevailing pattern of land uses in the surrounding area, the zoning designation of the surrounding parcels, and the future land use designation of the surrounding parcels; and has provided recommendations for the rezoning of those parcels; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 21-002-TA, at a duly advertised Public Hearing held on March 18, 2021, and based on findings of fact by the Planning Staff, hereby recommends certain changes, ame ndments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that adopting such a program and amendment to be in the best interest of its citizens of said City, that such a program and amendments are necessary and appropriate to make the Zoning Map, the LDR and the Comprehensive Plan more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed b y the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: Recitals Adopted. Each of the above stated recitals is true and correct and incorporated herein by this reference: Ordinance No. 1224 - Page 2 of 3 Language to be added is underlined. Language to be deleted is struck through. SECTION 2: Holding Property Rezoning Program Adopted. The City of Okeechobee hereby adopts the Holding Property Rezoning Program as follows: Eligibility: Owners (or their authorized designee) of properties which are either partially or entirely zoned Holding are eligible to apply for rezoning according to the provisions of this program. This program does not exempt owners from consistency with the Future Land Use Map. Where the requested zoning change would also require a Future Land Use Map amendment, the standard application requirements, procedures and fees for Future Land Use Map amendments will apply. Future Land Use Map amendments must be approved prior to approval of the associated rezoning request. Rezoning Application Requirements: Form 22 is added to Appendix A of the City’s Land Development Regulations which adopts application requirements that are reduced substantially from the standard rezoning application requirements. Rezoning Application Fee: For eligible owners, the standard rezoning application fees according to Fee Schedule of Appendix C of the City’s Land Development Regulations have been reduced substantially. Application Fees for rezoning Holding properties are $600 plus $20 per acre. Rezoning Recommendations: In the interest of consistency between the Future Land Use Map and the Zoning Map and in the interest of compatibility with the existing pattern of surrounding land uses, the City officially recommends zoning changes for properties in the City which are either partially or entirely zoned Holding. See attached Exhibit B- Holding Property Rezoning Recommendations. Future Land Use Map Amendment Recommendations: In some instances where the recommended zoning changes would also require a Future Land Use Map amendment, the City has also provided official Future Land Use Map amendment recommendations, which are also included in Exhibit B - Holding Property Rezoning Recommendations. Owner Notification and Legal Notification: Notification of the benefits, requirements and procedures of this program will be mailed to all eligible property owners in the form of Exhibit C- Draft Property Owner Notification Letters. Legal notification and advertisement of zoning requests will be performed by the City and in conformance with the requirements for zoning district boundary changes as provided in Florida Statute. SECTION 3: Amendment and adoption to Section Appendix A – Applications, Forms, and Content Requirements, as follows: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A – Applications, Forms, and Content Requirements, adding Form 22 - Holding Zoning District Boundary Change Petition as follows: APPENDIX A - APPLICATION FORMS AND CONTENT REQUIREMENTS Form 22. – Holding 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. Legal description. d. Property owner's list. e. Location map f. Supplementary supporting information. g. Application fee. 2. Processing. Holding 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. c. Planning board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of city council public hearing. Ordinance No. 1224 - Page 3 of 3 Language to be added is underlined. Language to be deleted is struck through. 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 on petition. SECTION 4: Amendment and adoption to Appendix C – Schedule of Land Development Regulation Fees and Charges, as follows: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix C – Schedule of Land Development Regulation Fees and Charges, adding Fee Schedule Item 21 - Holding Zoning District Boundary Change (Rezoning), as follows: APPENDIX C - APPLICATION FORMS AND CONTENT REQUIREMENTS Fee Schedule: 21. Holding zoning district boundary change (rezoning) ….. $600.00 plus $20.00 per acre 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: Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 8: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of April, 2021. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of May, 2021. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney r;ity of Okeechobee Date: �-�-�.� � Petition No. �';-�;�,� �=�i;' General Services Department Fee Paid: Jurisdiction: {,�; d t� � 55 S.E. 3`d Avenue, Room 101 15 Hearing. �� f,-;;� � 2" Hearin �' "' g: �, E� � � � „�=a � Okeechobee, Florida 39974-2903 Publication Dates: Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: ,�f ° 6� j��.- �� 2 Mailing address: � 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? �) Yes (� Na If yes, provide address(es) 5 Do you own nonresidential property within the City? (� Yes (� No If yes, provide address(es) 6 � REQUESTINFORMATION Request is for: Text change to an existing section of the LDRs �} Addition of a permitted use (� Deletion of a permitted use 7 (� Addition of a special exceptian use �) Deletion of a special exception use (_, Additian of an accessory use �) Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in �#+lEee� and additions in underline format. (This description may be provided on separate sheets if necessary.) �� � � n�-'� � � ` 'r�� _ t � � �,i, f, � . � ���� � `� � � `�, � �;°" ` ' $ ~ �i :� �� �- � LDR Amendment Application Page 1 of 3 Staff Report To: Okeechobee Planning Board From: Ben Smith, AICP Meeting Date: March 18, 2021 Subject: Holding Property Rezoning Ordinance At one time, the City’s land development code contained regulations for the development of properties zoned Holding. However, several years ago, the Holding district regulations were removed from the land development code. Currently, if any property owner of land zoned Holding is seeking to develop that property, a rezoning must be performed first. There are currently 55 parcels of land within the City that are partially or entirely zoned Holding. Some of these parcels are developed, though most are undeveloped or used for agricultural purposes. Most of the Holding parcels are designated as Single Family Residential on the Future Land Use Map, though there are two with Commercial designations and one with Mixed Use Residential. As members of the City Council and Planning Board have pointed out, the rezoning process can be an uncertain and cost prohibitive process for some property owners and prospective property buyers. If the goal of the City is to encourage owners of Holding properties to rezone, then the City may consider providing some incentivization to rezone Holding properties by reducing the requirements, lowering the application fee, and providing more certainty to the outcome of the rezoning process for those properties. The concept for this ordinance was initiated by the Planning Board at their August 2020 workshop and has subsequently been discussed at multiple workshops, which culminated in the recommendation of an Ordinance to implement a temporary Holding Rezoning Program at the January 2021 Planning Board meeting. However, based on advice from the City Attorney, staff has made some revisions to that Ordinance and is bringing it back to the Planning Board with some revisions: • The revised Ordinance amends the City Land Development Code by adding new application requirements and procedures for rezoning holding properties. • The revised Ordinance amends the City Land Development Code by adding a new application fee for rezoning Holding properties. • This will no longer be a temporary program, but instead will be a new permanent application process. • Applicant’s that are requesting a rezoning that is not supported by an official recommendation should provide responses to the required rezoning findings in Section 70-340. These changes are necessary to allow the City to process Holding property rezoning applications differently than what is required in the City Code for all other rezoning applications. The Ordinance still allows Holding property owners to apply for a rezoning with reduced application requirements, reduced application fees, official rezoning recommendations and mailed notification of the program. The attached Ordinance and Exhibits have been legally advertised and are presented to you for recommendation to the City Council. Any further revisions to the language of the ordinance, the application, application fee, rezoning recommendations or draft letters can be discussed at the meeting and made as part of the recommendation to Council. The basis for the rezoning recommendations, as provided by staff and discussed at the workshops are provided below in this report. 2 Map Area 1 – Staff Recommendations Map ID #1 Acres: 4.63 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 5 separate parcels. Ideally, all parcels would be rezoned to RSF-1 to be consistent with the future land use designation and to be consistent with the character and the predominant pattern of land use of the surrounding properties. Map ID #2 Acres: 1.8 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Lots 1 through 3 of this parcel are zoned Holding. However, lots 4 thorough 10 are zoned Residential Multifamily. Ideally, the entire property should be rezoned to RSF- 1 to be consistent with the future land use designation and to be consistent with the character and pattern of land use of the surrounding properties. Map ID #3 Acres: 11.3 Future Land Use: Single Family Residential Use: This parcel clearly had agricultural uses at one time, though it is unclear whether the agricultural uses have been maintained. Comments/Recommendations: A portion of this parcel is zoned Holding and a portion is zoned RSF- 1. Depending on the current/intended use of the property, either the Holding portion of this parcel should be rezoned to RSF-1 or the entire property should be rezoned to Rural Heritage. Map ID #4 Acres: 0.34 Future Land Use: Single Family Residential Use: One Triplex & Two Single Family Residences Comments/Recommendations: Though this parcel contains multi-family structures, this parcel would be nonconforming (too much density for lot size) even with multi-family designations. Ideally, the entire property should be rezoned to RSF-1 to be consistent with the future land use designation and to be consistent with the character and pattern of land use of the surrounding properties. 3 Map ID #5 Acres: 0.34 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. Map ID #6 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. Map ID #7 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. Map ID #8 Acres: 0.34 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character and pattern of land use of the surrounding properties. 4 Map ID #9 Acres: 0.34 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character and pattern of land use of the surrounding properties. Map ID #10 Acres: 0.17 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the future land use designation and the character and pattern of land use of the surrounding properties. Map ID #11 Acres: 0.17 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the future land use designation and the character and pattern of land use of the surrounding properties. 5 Map ID #12 Acres: 0.17 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the future land use designation and the character and pattern of land use of the surrounding properties. Map ID #13 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. Map ID #14 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it ideally should be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. 6 Map ID #15 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. Map ID #16 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. Map ID #17 Acres: 0.17 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: This parcel does not meet the minimum lot area or lot width requirements for RSF-1 district. Though the lot does meet the minimum lot area and lot width requirements of the RSF-2 district, rezoning to the RSF-2 district would also require a future land use map amendment to multifamily residential. However, Section 90-32 of City’s land development code allows for development of a single family home on nonconforming lots which are at least 4,000 square feet and 40 feet wide. Since this lot appears to meet those requirements, it should ideally be rezoned to RSF-1 to be consistent with the existing land use, future land use designation and the character and pattern of land use of the surrounding properties. 7 Map Area 2 – Staff Recommendations Map ID #18 Acres: 1.76 Future Land Use: Industrial & Single Family Residential Use: Warehouse & Outdoor Storage Comments/Recommendations: This parcel has split future land use and zoning designations, though most of it is designated industrial. It is adjacent to the railway and other industrial to the east. Though there are single family residences to the south, staff is of the opinion that map changes to industrial would provide the most consistency with the existing land use and pattern of land use in the surrounding area. Ideally, a future land use map amendment to industrial should be initiated for lots 19 and 20 in the southeast corner of this parcel concurrently with a zoning map change to industrial for the same lots. Map ID #19 Acres: 4.3 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels. Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and to be consistent with the character and pattern of land use of the surrounding properties. Map Area 3 - Staff Recommendations Map ID #20 Acres: 0.33 Future Land Use: Commercial Use: Vacant Comments/Recommendations: This parcel is one lot off of US-441, with an existing medical office to the south. Ideally, this property should be rezoned to either CPO, CLT or CHV to be consistent with the future land use designation and to be consistent with the character and pattern of land use of the surrounding properties. 8 Map ID #21 Acres: 0.4 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This parcel is located along the commercial corridor (close proximity to US-441), there are existing commercial uses adjacent and nearby, and there are no adjacent single family residences. Though a rezoning to RSF-1 would make this zoning consistent with the future land use designation, it would not be completely consistent with the surrounding land use pattern and it is not clear that this change would be beneficial for the property owner, as single family residential may not be the highest and best development for this parcel. Staff does not recommend any particular map changes for this property. The property owner should present their own argument for their desired map changes. Map ID #22 Acres: 0.69 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels and is located along the commercial corridor (close proximity to US-441). There are existing commercial and multi-family uses adjacent and nearby, and there are no adjacent single family residences. Though a rezoning to RSF-1 would make this zoning consistent with the future land use designation, it would not be completely consistent with the surrounding land use pattern and it is not clear that this change would be beneficial for the property owner, as single family residential may not be the highest and best development for this parcel. Staff does not recommend that any particular map changes for this property. The property owner should present their own argument for their desired map changes. Map ID #23 Acres: 0.34 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This parcel is located along the commercial corridor (close proximity to US-441), there are existing commercial uses nearby, and there are no adjacent single family residences. Though a rezoning to RSF-1 would make this zoning consistent with the future land use designation, it would not be completely consistent with the surrounding land use pattern and it is not clear that this change would be beneficial for the property owner, as single family residential may not be the highest and best development for this parcel. Staff does not recommend that any particular map changes for this property. The property owner should present their own argument for their desired map changes. 9 Map ID #24 Acres: 1.0 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels and is located along the commercial corridor (close proximity to US-441). There is an existing multi-family development adjacent and commercial uses nearby, and there are no adjacent single family residences. Though a rezoning to RSF-1 would make this zoning consistent with the future land use designation, it would not be completely consistent with the surrounding land use pattern and it is not clear that this change would be beneficial for the property owner, as single family residential may not be the highest and best development for this parcel. Staff does not recommend that any particular map changes for this property. The property owner should present their own argument for their desired map changes. Map ID #25 Acres: 2.1 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels. The property to the east and south is a large parcel with a single family residence. Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation. Map ID #26 Acres: 0.1 Future Land Use: Commercial Use: Public Utility Comments/Recommendations: This parcel is owned by the Okeechobee Utility Authority. Public facilities are specifically listed as an allowable use in the Commercial future land use category under future land use policy 2.1(d). However, public facility/utility is not listed as a permitted use in any of the commercial zoning districts. Instead, it is listed as special exception use in the commercial zoning districts. The City could rezone this property to one of the commercial zoning district and concurrently approve the public utility as a special exception. However, it is likely more sensible to take no action until the City makes plans to improve the property or sell it. Map ID #27 Acres: 0.34 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels, neither of which meet the minimum lot area or lot width requirements for RSF-1 district separately. However, if the owner joins the parcels, the RSF-1 district requirements will be met. Ideally, both parcels should be rezoned to RSF-1 to be consistent with the future land use designation and the character of the surrounding area. The property owner should be encouraged to join the parcels and not sell them separately. 10 Map ID #28 Acres: 0.69 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character of the surrounding area. Map ID #29 Acres: 0.26 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character of the surrounding area. Map ID #30 Acres: 0.84 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels. One of the parcels does not meet the minimum lot area or lot width requirements for RSF-1 district separately. However, if the owner joins the parcels, the RSF-1 district requirements will be met. Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character of the surrounding area. Though Section 90-32 allows for construction of a single family residence on the smaller parcel, the property owner should be encouraged to join parcels and not sell the smaller parcel separately. Map ID #31 Acres: 1.4 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property is comprised of 2 separate parcels. Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character of the surrounding area. Map ID #32 Acres: 0.71 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with the future land use designation and the character of the surrounding area. 11 Map Area 4 - Staff Recommendations Map ID #33 Acres: 51.19 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: A portion of this property is zoned RMH and the property surrounds an existing manufactured home park. The railway runs along the northern property line and beyond that is the City’s Commerce Center. Taylor creek runs along the western property line with single family residential and industrial uses on the other side of the creek. The boundary of the City runs along the eastern property line with single family residences in the adjacent unincorporated area beyond. Vacant commercially designated property lies to the south. There are many potential development possibilities for this large unplatted parcel and the owner has expressed an interest in several different development scenarios. Due to the large size and uniqueness of this parcel, it is difficult for staff to recommend any particular map change other than what is currently consistent with the Future Land Use. Therefore, unless the property owner presents their own argument for their desired map changes, staff recommends a rezoning to RSF-1. Map ID #34 Acres: 1.36 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: The west portion of this parcel is already zoned RSF-1. Ideally, the remainder of this property should be rezoned to RSF-1 to be consistent with the future land use designation, existing land use and character of surrounding area. Map ID #35 Acres: 1.1 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: This property was very recently acquired by the owner of Map ID #33. As such, this property should be considered part of Map ID #33 and staff’s recommendations are the same for both. Map ID #36 Acres: 1.0 Future Land Use: Single Family Residential Use: Vacant Comments/Recommendations: Vacant commercially designated property lies to the south. The property to the east, west and north is zoned Holding with a staff recommendation to rezone to RSF- 1. Similarly, staff recommends a rezoning to RSF-1 for this property as well, to be consistent with the Future Land Use designation. 12 Map Area 5 - Staff Recommendations Map ID #37 Acres: 13.32 Future Land Use: Single Family Residential Use: This parcel clearly had agricultural uses at one time, though it is unclear whether the agricultural uses have been maintained. Comments/Recommendations: Depending on the current/intended use of the property, this parcel should ideally be rezoned to RSF-1 or Rural Heritage. Map Area 6 - Staff Recommendations Map ID #38 Acres: 1.72 Future Land Use: Single Family Residential Use: Two Single Family Residences Comments/Recommendations: A portion of this parcel is already zoned RSF-1. Ideally, the remainder should be rezoned to RSF-1 to be consistent with future land use designation, existing land use, and character and pattern of land use of the surrounding area. Map ID #39 Acres: 12.21 Future Land Use: Single Family Residential Use: This parcel clearly had agricultural uses at one time, though it is unclear whether the agricultural uses have been maintained. Comments/Recommendations: Depending on the current/intended use of the property, this parcel should ideally be rezoned to RSF-1 or Rural Heritage. Map Area 7 - Staff Recommendations Map ID #40 Acres: 2.21 Future Land Use: Single Family Residential Use: Parking for Bank Comments/Recommendations: This parcel contains overflow parking for the existing bank facility to the west. Since this parcel is separate from the bank parcel, the existing land use of this property can best be characterized as a commercial parking lot. Among the commercial zoning districts, the CHV district is the only district that allows commercial parking lot as a permitted use. The actions that would provide the most consistency between the maps and existing land use would be a future land use map amendment to Commercial and a concurrent rezoning to CHV. 13 Map ID #41 Acres: 39.88 Future Land Use: Mixed Use Residential Use: This parcel was clearly used for agricultural purposes at one time, though it is unclear whether the agricultural use has been maintained. Comments/Recommendations: This parcel meets the minimum size requirements for the Mixed Use Residential future land use category and limited agricultural uses are permitted in the Mixed Use Residential future land use category. However, rezoning to PUD-M should only be approved through the planned unit development process. Staff is not recommending any particular map changes for this property. The property owner should proceed with the planned unit development approval process or present their own argument for their desired map changes. Map Area 8 - Staff Recommendations Map ID #42 Acres: 14.21 Future Land Use: Single Family Residential Use: Single Family Residence and possibly agricultural Comments/Recommendations: This property is comprised of 2 separate parcels. The property appraiser lists the use of this property as improved pasture, though aerials indicate that a single family residence is also present on the site. Depending on the intended use of this property, it should ideally be rezoned to either RSF-1 or Rural Heritage. Map ID #43 Acres: 2.0 Future Land Use: Single Family Residential Use: Single Family Residence Comments/Recommendations: Ideally, this property should be rezoned to RSF-1 to be consistent with future land use designation, existing land use, and character and pattern of land use of the surrounding area. Ordinance No. 2021-XX Page 1 of 4 ORDINANCE NO. 2021-XX AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE HOLDING REZONING PROGRAM, PROVIDING INCENTIVES FOR OWNERS OF PROPERTIES ZONED HOLDING TO REZONE TO OTHER ZONING DISTRICTS SUPPORTED BY THE LAND DEVELOPMENT REGULATIONS, REDUCING THE APPLICATION FEES AND APPLICATION SUBMITTAL REQUIREMENTS; AMENDING APPENDIX A OF THE LAND DEVELOPMENT CODE OF THE CITY OF OKEECHOBEE, ADDING FORM 22, HOLDING ZONING DISTRICT BOUNDARY CHANGE PETITION; AMENDING APPENDIX C OF THE LAND DEVELOPMENT CODE OF THE CITY OF OKEECHOBEE, ADDING AN APPLICATION FEE FOR REZONING PROPERTY ZONED HOLDING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the Land Development Regulations generally contain codes specific to each zoning district, which provide lists of permitted uses, lists of specially permitted uses and regulations for development within that specific zoning district; and WHEREAS, multiple parcels within the City are zoned Holding, though the Land Development Regulations do not currently contain any codes specific to regulating the Holding zoning district; and WHEREAS, the City Council has a legitimate interest in ensuring that the potential development of every parcel in the City is regulated by clear and concise land development regulations; and WHEREAS, the Future Land Use Element of the City of Okeechobee Comprehensive Plan generally contains descriptions of future land use designations in which lists of zoning districts that are appropriate within those designations are provided; and WHEREAS, the Holding zoning district is not listed as an appropriate zoning district within any of the future land use designations; and WHEREAS, the City Council seeks to encourage owners of properties in the Holding zoning district to rezone to other zoning districts which are supported by the Land Development Regulations, the Future Land Use Element; and the Future Land Use Map; and WHEREAS, the Planning Board of the City of Okeechobee, Florida, recommends that the Council adopt reduced application submittal requirements and reduced application fees for rezoning of properties which are either partially or entirely zoned holding; and WHEREAS, the Planning Board of the City of Okeechobee, Florida, has reviewed the existing conditions of parcels in the Holding zoning district; including the future land use designation, the existing land use, the prevailing pattern of land uses in the surrounding area, the zoning designation of the surrounding parcels, and the future land use designation of the surrounding parcels; and has provided recommendations for the rezoning of those parcels; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Ordinance No. 2021-XX Page 2 of 4 Application No. 21-002-TA, at a duly advertised Public Hearing held on March 18, 2021, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that adopting such a program and amendment to be in the best interest of its citizens of said City, that such a program and amendments are necessary and appropriate to make the Zoning Map, the Land Development Regulations and the Comprehensive Plan more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained before the City Council of 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; that: SECTION 1: RECITALS ADOPTED. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: HOLDING PROPERTY REZONING PROGRAM ADOPTED. The City of Okeechobee hereby adopts the Holding Property Rezoning Program as follows: Eligibility Owners (or their authorized designee) of properties which are either partially or entirely zoned Holding are eligible to apply for rezoning according to the provisions of this program. This program does not exempt owners from consistency with the Future Land Use Map. Where the requested zoning change would also require a Future Land Use Map amendment, the standard application requirements, procedures and fees for Future Land Use Map amendments will apply. Future Land Use Map amendments must be approved prior to approval of the associated rezoning request. Rezoning Application Requirements Form 22 is added to Appendix A of the City’s Land Development Regulations which adopts application requirements that are reduced substantially from the standard rezoning application requirements. Rezoning Application Fee For eligible owners, the standard rezoning application fees according to Fee Schedule of Appendix C of the City’s Land Development Regulations have been reduced substantially. Application Fees for rezoning Holding properties are $600 plus $20 per acre. Rezoning Recommendations In the interest of consistency between the Future Land Use Map and the Zoning Map and in the interest of compatibility with the existing pattern of surrounding land uses, the City officially recommends zoning changes for properties in the City which are either partially or entirely zoned Holding. See attached Exhibit B- Holding Property Rezoning Recommendations. Future Land Use Map Amendment Recommendations Ordinance No. 2021-XX Page 3 of 4 In some instances where the recommended zoning changes would also require a Future Land Use Map amendment, the City has also provided official Future Land Use Map amendment recommendations, which are also included in Exhibit B- Holding Property Rezoning Recommendations. Owner Notification and Legal Notification Notification of the benefits, requirements and procedures of this program will be mailed to all eligible property owners in the form of Exhibit C- Draft Property Owner Notification Letters. Legal notification and advertisement of zoning requests will be performed by the City and in conformance with the requirements for zoning district boundary changes as provided in Florida Statute. SECTION 3: Amendment and adoption to Section Appendix A – Applications, Forms, and Content Requirements, as follows: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A – Applications, Forms, and Content Requirements, adding Form 22 - Holding Zoning District Boundary Change Petition as follows: APPENDIX A - APPLICATION FORMS AND CONTENT REQUIREMENTS * * * * Form 22. – Holding 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. Legal description. d. Property owner's list. e. Location map g. Supplementary supporting information. i. Application fee. 2. Processing. Holding 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. 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 city council public hearing. g. City council holds second public hearing, renders final decision on petition. SECTION 4: Amendment and adoption to Appendix C – Schedule of Land Development Regulation Fees and Charges, as follows: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart Ordinance No. 2021-XX Page 4 of 4 B-Land Development Regulations, providing for amendments to Appendix C – Schedule of Land Development Regulation Fees and Charges, adding Fee Schedule Item 21 - Holding Zoning District Boundary Change (Rezoning), as follows: APPENDIX C - APPLICATION FORMS AND CONTENT REQUIREMENTS * * * * Fee Schedule: * * * * 21. Holding zoning district boundary change (rezoning) ….. $600.00 plus $20.00 per acre * * * * SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: INCLUSION IN THE CODE. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. SECTION 7: 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 8: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this ____day of ______. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this ____ day of _____. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John Fumero, City Attorney Exhibit A Holding Property Rezoning Application Application for Holding Property Rezoning Page 1 of 3 City of Okeechobee Planning and Development 55 SE 3rd Avenue, Okeechobee, FL 34974 Phone (863) 763-3372 • Fax (863) 763-1686 Holding Property Rezoning Application Per City of Okeechobee Ordinance No (xxxx), property owners of land zoned Holding in the City of Okeechobee may submit requests to rezone their property with reduced application fees and reduced application submittal requirements until (program termination date) by filling out this application, paying the application fee and providing the required submittals on the attached checklist. Submittal Date: Petition Number: _______ Name of Applicant: _________________________ Name of Property Owner (if other than Applicant): ______________ Address of Applicant: ____________________ Contact Person (if other than Applicant): _______________ Applicant/Contact Person Phone Number: _________ Applicant/Contact Person Address:_________________________________________________________ Applicant/Contact Person Email Address: ___ Subject Property Address: ________________________________ Subject Property Parcel ID Number(s): ______________________________________ Subject Property Acreage: __________________________ Subject Property Source of Potable Water: _______________ Subject Property Method of Sewage Disposal: _________ Current Use(s) of Subject Property: ___ Current Use(s) of Adjoining Property to the North: _________ Current Use(s) of Adjoining Property to the East: _________ Current Use(s) of Adjoining Property to the South: _________ Current Use(s) of Adjoining Property to the West: _________ Requested Zoning Designation: ___ Proposed Use(s) of Subject Property: Exhibit A Holding Property Rezoning Application Application for Holding Property Rezoning Page 2 of 3 FINDINGS FOR GRANTING A REZONING (City LDC Sec. 70-340) The Planning Board and Council will consider the following criteria, where applicable, in determining whether to approve or deny rezoning petitions. As the Applicant, please provide your response to each criterion to the best of your knowledge: 1. The request is not contrary to comprehensive plan requirements. 2. The use is specifically authorized under the zoning district regulations applied for. 3. 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. 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. 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. Exhibit A Holding Property Rezoning Application Application for Holding Property Rezoning Page 3 of 3 Submittal Checklist No. Checklist Items Check 1. Copy of recorded warranty deed indicating current ownership (required) 2. Notarized letter of consent (required if applicant is different from property owner) 3. Property survey (if available, not required) 4. Legal description (required, but may be included with survey or warranty deed) 5. Property owners list, inc. affidavit attesting to accuracy and completeness (required) ______ 6. Location map (required) 7. Supplemental supporting information (optional) 8. Application fee of $600 plus $20/acre (required) Exhibit B Rezoning Recommendations Map ID Map # Parcel ID Existing Land Use Acres Future Land Use Rec Zoning Rec FLU 1 1 3-15-37-35-0010-00080-0110 Vacant 0.516 SF Res RSF-1 1 1 3-15-37-35-0010-00080-0140 Vacant 0.516 SF Res RSF-1 1 1 3-15-37-35-0010-00080-0100 Vacant 0.344 SF Res RSF-1 1 1 3-15-37-35-0010-00080-0010 Vacant 1.628 SF Res RSF-1 1 1 3-15-37-35-0010-00080-0180 Vacant 1.628 SF Res RSF-1 2 1 3-15-37-35-0010-00090-0010 Vacant 1.8 SF Res RSF-1 3 1 2-16-37-35-0A00-00001-0000 Vacant, possibly Ag 11.299 SF Res RSF-1 or RH 4 1 3-15-37-35-0010-00100-0070 One Triplex & Two Single Fam Res 0.344 SF Res RSF-1 5 1 3-15-37-35-0010-00100-0090 Single Fam Res 0.344 SF Res RSF-1 6 1 3-15-37-35-0010-00100-0110 Single Fam Res 0.172 SF Res RSF-1 7 1 3-15-37-35-0010-00100-0120 Single Fam Res 0.172 SF Res RSF-1 8 1 3-15-37-35-0010-00230-0050 Vacant 0.344 SF Res RSF-1 9 1 3-15-37-35-0010-00230-0030 Vacant 0.344 SF Res RSF-1 10 1 3-15-37-35-0010-00230-0020 Vacant 0.172 SF Res RSF-1 11 1 3-15-37-35-0010-00230-0010 Vacant 0.172 SF Res RSF-1 12 1 3-15-37-35-0010-00230-0070 Vacant 0.172 SF Res RSF-1 13 1 3-15-37-35-0010-00230-0080 Single Fam Res 0.172 SF Res RSF-1 14 1 3-15-37-35-0010-00230-0090 Single Fam Res 0.172 SF Res RSF-1 15 1 3-15-37-35-0010-00230-0100 Single Fam Res 0.172 SF Res RSF-1 16 1 3-15-37-35-0010-00230-0110 Single Fam Res 0.172 SF Res RSF-1 17 1 3-15-37-35-0010-00230-0120 Single Fam Res 0.172 SF Res RSF-1 18 2 3-16-37-35-0160-00130-0010 Warehouse and Outdoor Storage 1.764 SF Res & Ind IND Ind 19 2 3-15-37-35-0010-00680-0010 Vacant 2.153 SF Res RSF-1 19 2 3-15-37-35-0010-00680-0140 Vacant 2.153 SF Res RSF-1 20 3 3-15-37-35-0010-00150-0090 Vacant 0.327 Com CPO, CLT or CHV 21 3 3-15-37-35-0010-00150-0070 Vacant 0.402 SF Res None 22 3 3-15-37-35-0010-00150-0210 Vacant 0.344 SF Res None 22 3 3-15-37-35-0010-00150-0230 Vacant 0.344 SF Res None 23 3 3-15-37-35-0010-00150-0050 Vacant 0.344 SF Res None 24 3 3-15-37-35-0010-00150-0010 Vacant 0.688 SF Res None 24 3 3-15-37-35-0010-00150-0250 Vacant 0.321 SF Res None 25 3 3-15-37-35-0010-00160-0010 Vacant 0.929 SF Res None 25 3 3-15-37-35-0010-00160-0060 Vacant 1.122 SF Res None 26 3 3-15-37-35-0010-00010-0A1B 0.1 Com None 27 3 3-15-37-35-0010-00320-0130 Vacant 0.17 SF Res RSF-1 27 3 3-15-37-35-0010-00320-0120 Vacant 0.17 SF Res RSF-1 2 Map ID Map # Parcel ID Existing Land Use Acres Future Land Use Rec Zoning Rec FLU 28 3 3-15-37-35-0010-00320-0080 Vacant 0.69 SF Res RSF-1 29 3 3-15-37-35-0010-00320-0200 Vacant 0.26 SF Res RSF-1 30 3 3-15-37-35-0010-00320-0210 Vacant 0.67 SF Res RSF-1 30 3 3-15-37-35-0010-00320-0250 Vacant 0.17 SF Res RSF-1 31 3 3-15-37-35-0010-00350-0010 Vacant 0.96 SF Res RSF-1 31 3 3-15-37-35-0010-00350-0240 Vacant 0.48 SF Res RSF-1 32 3 3-15-37-35-0010-00350-0200 Vacant 0.71 SF Res RSF-1 33 4 2-15-37-35-0A00-00003-0000 Vacant 51.19 SF Res RSF-1 34 4 3-15-37-35-0010-00820-0110 Single Fam Res 1.356 SF Res RSF-1 35 4 2-15-37-35-0A00-00002-A000 Vacant 1.1 SF Res RSF-1 36 4 2-15-37-35-0A00-00003-B000 Vacant 1 SF Res RSF-1 37 5 2-21-37-35-0A00-00006-A000 Vacant, possibly Ag 13.32 SF Res RSF-1 or RH 38 6 2-28-37-35-0A00-00012-0000 Two Single Fam Res 1.724 SF Res RSF-1 39 6 2-28-37-35-0A00-00012-A000 Vacant, possibly Ag 12.21 SF Res RSF-1 or RH 40 7 2-22-37-35-0A00-00032-0000 Parking for Bank 2.21 SF Res CHV Com 41 7 2-22-37-35-0A00-00031-0000 Vacant, possibly Ag 39.88 MU Res None 42 8 2-22-37-35-0A00-00060-0000 Single Fam Res, possibly Ag 4.71 SF Res RSF-1 or RH 42 8 2-22-37-35-0A00-00059-0000 Single Fam Res, possibly Ag 9.5 SF Res RSF-1 or RH 43 8 2-22-37-35-0A00-00042-A000 Single Fam Res 2 SF Res RSF-1 3 Map Area 1 - Future Land Use Map Area 1 - Zoning 4 Map Area 1 - Aerial 5 Map Area 2 - Future Land Use Map Area 2 - Zoning 6 Map Area 2 - Aerial 7 Map Area 3 - Future Land Use Map Area 3 - Zoning 8 Map Area 3 - Aerial 9 Map Area 4 - Future Land Use Map Area 4 - Zoning 10 Map Area 4 - Aerial 11 Map Area 5 - Future Land Use Map Area 5 - Zoning 12 Map Area 5 - Future Land 13 Map Area 6 - Future Land Use Map Area 6 - Zoning 14 Map Area 6 - Aerial 15 Map Area 7 - Future Land Use Map Area 7 - Zoning 16 Map Area 7 – Aerial 17 Map Area 8 - Future Land Use Map Area 8 - Zoning 18 Map Area 8 – Aerial Exhibit C Draft Property Owner Notification Letters Page 1 of 2 10/20 City of Okeechobee Planning and Development 55 SE 3rd Avenue, Okeechobee, FL 34974 Phone (863) 763-3372 • Fax (863) 763-1686 (Date) Dear (property owner name), Pursuant to City Ordinance XXXX, we are writing to inform you that the City has enacted a program to reduce the application fees and submittal requirements for properties that are partially or entirely zoned Holding. This program will be offered for a limited time and applications will only be accepted by the Okeechobee Department of Planning and Development until (termination date of program). As you may be aware, records indicate that you are the owner of property within the City of Okeechobee that is zoned Holding. At one time, the City land development codes contained regulations for the development of properties zoned Holding. However, several years ago, the Holding district regulations were removed from the land development code. Currently, if any property owner of land zoned Holding is seeking to develop their property, a rezoning must be performed first. The City recognizes that this situation may be an impediment to development or the sale of your property and has enacted this rezoning incentivization program to assist you in incre asing the value and development potential of your property. Rezoning requests and the associated required submittals are typically prepared at expense to the applicant by professional engineers, surveyors, planners, attorneys, and other consultants. It is the City’s intention to reduce the submittal requirements such that rezoning requests submitted under this program can be made by the owner or the owner’s representative without incurring the expense of outside professionals or to at least reduce those costs significantly. Under this program, the rezoning application submittal requirements have been reduced in the following ways: • The application fee has been reduced from $850 plus $30/acre to $600 plus $20/acre. • No survey is required. Surveys are typically prepared by a professional survey company at expense to the owner. • No location map is required. • No impact analysis required. Impact analysis for rezoning applications are typically prepared by professionals at expense to the owner and include traffic impact analysis, environmental impact analysis, public facilities impact analysis and adjacent property impact analysis. • No applicant response to rezoning criteria is required. The City code provides criteria by which the Planning Board and Council should determine whether to approve or deny a rezoning request. Responses to rezoning criteria are typically prepared by professionals at expense to the owner. The City Planning Board has already analyzed your property located at (property address) with parcel ID (###) and is supportive of a rezoning to (recommended zoning designation). If you fill out and submit the attached application with the required submittals and an application fee of only (application fee for this property), you can be assured that the City is supportive of a rezoning to (recommended zoning designation) for this property. Please keep in mind that the application period for this program is limited. Please submit your application by (termination date of program) to take advantage of this opportunity. Once the program expires, the standard rezoning application submittal requirements and the standard rezoning application fee of (standard rezoning fee for this property) will apply to any future rezoning requests. If you have any questions, please contac t the Okeechobee Department of Planning and Development at 863-763- 3372. Exhibit C Draft Property Owner Notification Letters Page 2 of 2 10/20 City of Okeechobee Planning and Development 55 SE 3rd Avenue, Okeechobee, FL 34974 Phone (863) 763-3372 • Fax (863) 763-1686 (Date) Dear (property owner name), Pursuant to City Ordinance XXXX, we are writing to inform you that the City has enacted a program to reduce the application fees and submittal requirements for properties that are partially or entirely zoned Holding. This program will be offered for a limited time and applications will only be accepted by the Okeechobee Department of Planning and Development until (termination date of program). As you may be aware, records indicate that you are the owner of property within the City of Okeechobee that is zoned Holding. At one time, the City land development codes contained regulations for the development of properties zoned Holding. However, several years ago, the Holding district regulations were removed from the land development code. Currently, if any property owner of land zoned Holding is seeking to develop their property, a rezoning must be performed first. The City recognizes that this situation may be an impediment to development or the sale of your property and has enacted this rezoning incentivization program to assist you in increasing the value and development potential of your property. Rezoning requests and the associated required submittals are typically prepared at expense to the applicant by professional engineers, surveyors, planners, attorneys, and other consultants. It is the City’s intention to reduce the submittal requirements such that rezoning requests submitted und er this program can be made by the owner or the owner’s representative without incurring the expense of outside professionals or to at least reduce those costs significantly. Under this program, the rezoning application submittal requirements have been red uced in the following ways: • The rezoning application fee has been reduced from $850 plus $30 /acre to $600 plus $20/acre. • No survey is required. Surveys are typically prepared by a professional survey company at expense to the owner. • No location map is required. • No impact analysis required. Impact analysis for rezoning applications are typically prepared by professionals at expense to the owner and include traffic impact analysis, environmental impact analysis, public facilities impact analysis and adjacent property impact analysis. • No applicant response to rezoning criteria is required. The City code provides criteria by which the Planning Board and Council should determine whether to approve or deny a rezoning request. Responses to rezon ing criteria are typically prepared by professionals at expense to the owner. The City Planning Board has already analyzed your property located at (property address) with parcel ID (###) and the City is supportive of a rezoning to (recommended zoning designation). Due to the Future Land Use designation of your property, a Future Land Use Map amendment to (recommended FLU designation) will also be necessary if you would like to rezone to (recommended zoning designation). If you fill out and submit the attached applications with the required submittals and application fees, you can be assured that the City is supportive of a rezoning to (recommended zoning designation) and future land use map amendment to (recommended FLU designation ) for this property. Please keep in mind that the application period for this program is limited. Please submit your application by (termination date of program) to take advantage of this opportunity. Once the program expires, the standard rezoning application submittal requirements and the standard rezoning application fee will apply to any future rezoning requests. If you have any questions, please contact the Okeechobee Department of Planning and Development at 863 -763- 3372. DRAFT March 18, 2021 Planning Board Meeting Page 1 of 2 CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD MEETING MARCH 18, 2021 DRAFT SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, March 18, 2021, at 6:32 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, and Mac Jonassaint were present. Alternate Board Member Jim Shaw was present. Board Member Felix Granados and Alternate Board Member Joe Papasso were absent with consent. Chairperson Hoover moved Alternate Board Member Shaw to voting position. III. AGENDA There were no items added, deferred, or withdrawn from the agenda. Motion by Member Brass, seconded by Member Jonassaint to approve the agenda as presented. Motion Carried Unanimously. IV. MINUTES Motion by Member Chartier, seconded by Member Jonassaint to dispense with the reading and approve the January 21, 2021, Regular Meeting and Workshop minutes and the February 18, 2021, Workshop minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:33 P.M. Land Development Regulations (LDR) Text Amendment Petition No. 21-001-TA proposes to amend Sections 90-483 through 90-484; remove Section 90-485 and move limitations for parking reduction approvals to Section 90-483; add Form 21 Parking Reduction Petition, to Appendix A and add an application fee of $250.00 to Appendix C. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report and draft ordinance. 2. The following public comments we offered: Mr. Steven Dobbs, 209 Northeast 2nd Street, Okeechobee, commented maybe a standard parking requirement should be created for properties that are considered “strip malls” as it appears that in several instances property owners are unable to lease out all their units because of the current parking requirements for each type of use. 3. There were no Ex-Parte disclosures offered. 4. Motion by Member Chartier, seconded by Member Jonassaint to recommend the City Council approve LDR Text Amendment Petition No. 21-001-TA as presented in Exhibit 1. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for April 20, 2021 and May 18, 2021. LDR Text Amendment Petition No. 21-002-TA proposes to adopt the Holding Property Rezoning Program; add Form 22 Holding Property Rezoning Application, to Appendix A and add an application fee of $600.00 plus $20.00/acre to Appendix C. 1. City Planning Consultant Smith reviewed the Planning Staff Report and draft ordinance. 2. There were no public comments offered. 3. There were no Ex-Parte disclosures offered. DRAFT March 18, 2021 Planning Board Meeting Page 2 of 2 V. PUBLIC HEARING ITEM B CONTINUED 4. Motion by Member Jonassaint, seconded by Member Chartier to recommend to the City Council approval of LDR Text Amendment Petition No. 21-002-TA as presented in Exhibit 2. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for April 20, 2021 and May 18, 2021. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 7:07 P.M. VI. Chairperson Hoover adjourned the meeting at 7:07 P.M. Submitted by: __________________________ Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board 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.