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2021-08-19 (PB)I • A„i.....o 11�A � �,,' • � ` �, ,,. _ .�� '�.., ,,,,��i� CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD MEETING AuGUST 19, 2021 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, August 19, 2021, at 6:01 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Karyne Brass and Mac Jonassaint were present. Board Members Phil Baughman, Rick Chartier and Felix Granados as well as Alternate Board Members Joe Papasso and Jim Shaw were absent with consent. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to dispense with the reading and approve the July 15, 2021, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. A. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 21-005-SSA, from Single Family Residential to Commercial on 0.405± acres located on Northeast 13t" Street, Lots 19 and 20 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report recommending approval. 2. Mr. Jeff Sumner was present on behalf of the Property Owner, Suraiya Husain Trustee of the Suraiya Husain Revocable Trust Agreement, and Mr. Derrill McAteer was present on behalf of the potential buyer of the property. The board had no questions. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Board Member Jonassaint, seconded by Board Member Brass to recommend to the City Council approval of Comprehensive Plan Small Scale FLUM Amendment Application No. 21-005-SSA as presented in [Exhibit 1, which includes the findings as required for granting applications per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for September 27, 2021. B. Comprehensive Plan Amendment No. 21-002-CPA, which proposes to adopt a Property Rights Element into the City's Comprehensive Plan as required by House Bill 59. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 2. There was no board discussion. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. August 19, 2021, Planning Board Meeting Page 1 of 2 50 V. PUBLIC HEARING ITEM B CONTINUED 5. Motion by Board Member Brass, seconded by Vice Chairperson McCoy to recommend the City Council find proposed Comprehensive Plan Amendment No. 21-002-CPA consistent with the City's Comprehensive Plan and transmit the Amendment to the Florida Department of Economic Opportunity for review and approval as presented in [Exhibit 2, which includes the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for September 27, 2021. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:16 P.M. VI. Chairperson Hoover adjourned the meeting at 6:16 P.M. Submitted by: � �'(,�`�7�J �� 1��.!''� Yk ;�� 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. August 19, 2021, Planning Board Meeting Page 2 of 2 CITY OF OKEECHOBEE, FLORIDA AUGUST 19, 2021, PLANNING BOARD HANDWRITTEN MINUTES BY PATTY BURNETTE I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, August 19, 2021, at Co��1 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The Pledge of Allegiance was led by Chairperson Hoover. 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 P � SENT ABSENT �` ✓ ✓ ✓ ✓ ✓ ✓ ✓ City Attorney John Fumero ✓ City Administrator Gary Ritter � City Planning Consultant Ben Smith ✓ Board Secretary Patty Burnette � General Services Secretary III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were (1��,k � B. Motion by Board Member �=�'�`t �-��-� , seconded by Board Member �' ,'" �` ',` to approve the agenda as presented. ,, Chairperson Hoover , Vice Chairperson McCoy , Board Members (�'�'�.� Baughman , Brass , Chartier , Granados , Jonassaint Motion Carried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were 1��''f� IV. MINUTES A. Motion _,, by Board Member �"r��'r�`= , seconded by Board Member i�� ``� �='° to dispense with the reading and approve the July 15,2021, Regular Meeting minutes. Chairperson Hoover , Vice Chairperson McCoy , Board Members � � � Baughman , Brass , Chartier , Granados , Jonassaint Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT �-�� A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 21-005-SSA, from Single Family Residential to Commercial on 0.405± acres located on NE 13t" Street, Lots 19 and 20 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County - City Planning Consultant (Exhibit 1). P. Burnette Handwritten Minutes, August 19, 2021, Page 1 of 5 V. PUBLIC HEARING ITEM A CONTINUED City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services -----_...�_�...�.. reviewed the Planning Staff Report. The subject property is vacant though the adjacent parcels to the West are also owned by the applicant and developed with a medical office and parking lot. Future land use Policy 2.1(a) allows a maximum standard density in the Single-Family Residential Future Land Use (FLU) Category of four units per acre or five if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 0.405 acres would be two single-family dwellings. However, because the parcel is only 117.5 feet wide, which is not wide enough to create two lots that meet the minimum lot width, only one single family dwelling unit could be developed. Additionally, in order to develop a single-family dwelling unit at this property, a zoning map amendment would be required, as single-family dwelling units are not permitted in the Heavy Commercial Zoning. The Applicant has stated there are no plans to develop this parcel at this time, and that the main purpose of this request is to make the FLU designation consistent with the zoning. However, if this map change is approved, the property may be development according to standards of the Comprehensive Plan and the Land Development Regulations. While the Commercial Future Land Use category allows for a maximum FAR of 3.0, the City's most intense commercial zoning district (CHV) only allows a maximum building coverage of 50% and a maximum building height of 45 feet (without a special use exception). These limitations allow for a potential three- story structure, a maximum FAR of 1.5 and a maximum floor area of approximately 26,460 square feet on this 0.405-acre parcel. However, given the parking requirements for most commercial uses and the maximum impervious surface ratio allowed in the Heavy Commercial of 85%, it would be difficult to provide sufficient parking for 26,460 square feet of commercial use on this parcel. Additionally, given the character of Okeechobee, it would be unusual to exceed two stories. A two-story structure with 50% building coverage on 0.405 acres would have a floor area of approximately 17,640 square feet. 2. Mr. Jeff Sumner, Agent on behalf of the Property Owner, Suraiya Husain Trustee of the Suraiya Husain Revocable Trust Agreement, was available for questions from the Board. ��a�:� � � � � �'�" �� ': �= ec r — 3. No Public comments. 1 ; i ' �f -_ repre�e��s �-e., pc�-��-�-�� bu,�..�,�.�- 4. No Ex-Parte disclosures were offered. ��r�--�-�- 5. Planning Staff Findings are as follows: Policy 2.2 of the FLU Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. The subject parcel is approximately 250 feet from the US-441 right-of-way and while much of the surrounding property is vacant, there is an adjacent medical office and other healthcare facilities in close proximity. There are no single-family homes in the immediate area. Between the Comprehensive Plan (Future Land Use Map) the Land Development Regulations (Zoning Map), the Comprehensive Plan is the ruling document; and it is the typical zoning practice to make the zoning conform to the future land use map. However, there are many inconsistencies between the City's future land use map and zoning map. In some cases, the future land use designation of a particular property is a better fit for the existing land use and the pattern of land use in the area. In other cases, the zoning designation is a better fit. On this particular parcel the zoning designation of Heavy Commercial is a better fit for the pattern of land use than the future land use designation of single family residential. P. Burnette Handwritten Minutes, August 19, 2021, Page 2 of 5 V. PUBLIC HEARING ITEM A CONTINUED The Applicant submitted a traffic analysis which indicates that the Institute of Transportation Engineers estimates a single-family dwelling unit to generate 9.44 vehicle trips per day and 26,300 square feet of inedical office to generate 922 vehicle trips per day. The potential increase of 913 daily trips is significant, though unlikely, as a 26,300 square foot facility is not a likely development at this location. Additionally, the applicant correctly points out that the proximity to US-441 would ease the burden on the local road network. Regarding adequacy of public facilities, the Applicant's submission includes letters from the Okeechobee Utility Authority and Waste Management indicating that there is adequate excess capacity to accommodate the demand for potable water, wastewater treatment and solid waste disposal that would be associated with a proposed industrial use. Though, at this time, there is no potable water distribution main or wastewater service line near the subject property; and all facility improvements required for connection must be at the owner's expense. The US Fish & Wildlife Service Wetland Inventory Map does not depict any wetlands or critical habitat on this parcel. Based on the foregoing analysis, he finds the requested Commercial FLU designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area and recommends approval of the Applicant's request. Motion b Board Member ��& `' ' '° ` ? �' ��' � y , seconded by Board Member r� "�' to recommend a roval to the City Council for Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 21-005-SSA, from Single Family Residential to Commercial on 0.405± acres located on NE 13th Street, Lots 19 and 20 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for September 27, 2021. � Chairperson Hoover , Vice Chairperson McCoy , Board Members ��'' Baughman , Brass , Chartier , Granados , Jonassaint Motion Carried/Denied. B. Comprehensive Plan Amendment No. 21-002-CPA, which proposes to adopt a Property Rights Element into the City's Comprehensive Plan as required by House Bill 59 - City Planning Consultant (Exhibit 2). 1. City Planning Consultant Smith reviewed the Planning Staff Report. On June 29, 20211 �, the Governor signed House Bill (HB) 59 into law. One of the requirements of HB 59 is ��1�.` ��_, that every local government in the State of Florida must adopt a Property Rights Element �� ,�"��`�.... into their Comprehensive Plan. The legislation provides a recommended "statement of � rights" for inclusion in the Element. Though local governments are not required to adopt the exact language of the recommended statement of rights, the language that is adopted may not be in conflict with the provided statements. Another requirement of HB 59 is that local governments must adopt the Property Rights Elementprior to adoption of any other comprehensive plan amendments that have been initiated after July 1, 2021. As discussed at the July 15, 2021, Planning Board meeting, it is staff's contention that the City's proposed commercial corridor plan amendment was initiated prior to July 1, 2021 and should be allowed to be submitted to the Florida Department of Economic Opportunity (DEO) (state land planning agency) prior to the adoption of the Property Rights Element. City staff corresponded with DEO staff and provided documentation to verify that advertised public workshops for the proposed commercial corridor plan amendment were held in April and May and that the City paid for public hearing advertisement of that amendment in June prior to the adoption of the legislation. Nevertheless, DEO staff has stated that they are not considering the amendment to be initiated prior to July 1 st because a public hearing was not held in June. At the July public hearing for the proposed commercial corridor amendment, the Planning Board voted to continue the hearing of that amendment to the September meeting and directed staff to bring the Property Rights Element for a public hearing as soon as possible so that it could be adopted prior to, or concurrently with the adoption of the Commercial Corridor Amendment. Attached is a proposed Ordinance for adoption of the Property Rights Element. P. Burnette Handwritten Minutes, August 19, 2021, Page 3 of 5 V. PUBLIC HEARING ITEM B CONTINUED The language that is included in the proposed policies is the recommended statement of rights included in the legislation. The proposed goal includes an excerpt of existing language from Florida Statute Section 163.3161(10), which is also referenced in HB 59, along with Florida Statute Section 187.101(3). The full text of those statute sections is provided below. The full, adopted text of HB 59 is also being provided. Should the Planning Board, acting as City's Local Planning Agency, agree the text changes in this proposed amendment are desirable and consistent with the City's Comprehensive Plan, then he requests they recommend that the City Council transmit this amendment to DEO. The Board may also consider adopting alternative language for the Property Rights Element, as long as it does not conflict with the statement of rights provided in the statute. Should the City Council also agree that this proposed amendment is desirable and consistent with the City's Comprehensive Plan, then they may vote to transmit to DEO. Once the state and various agencies (FDOT, FDEP, SFWMD, etc.) have had 30 days to review the amendment, if there are no objections, then the City Council may adopt the amendment at a final public hearing. Florida Statute Section 163.3161(10): It is the intent of the Legislature that all governmental entities in this state recognize, and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and amendments thereto, and programs adopted under the authority of this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f). Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must ultimately be determined in a judicial action. Florida Statute Section 187.101(3): The goals and policies contained in the State Comprehensive Plan shall be reasonably applied where they are economically and environmentally feasible, not contrary to the public interest, and consistent with the protection of private property rights. The plan shall be construed and applied as a whole, and no specific goal or policy in the plan shall be construed or applied in isolation from the other goals and policies in the plan. , ,�, �, , �, / � � _ _, I� " � _. s��• �� d E_ �� f � � P �' J �� ..;� + �` _ �pP�� I t, s'.:,'/�y�� r�.. 9�: ,� �,� �1'�i p }� ` ,� � p`� ZKr,�,•C��4, / p .., t 2. Discussion by the Board ` � � �� , ; � r„ (��✓fPC� -- ��= ��`�f�� sr��,��- � r�:; �'' �' .� � �, � ; , . �- -- �1-�;, �;�� 1�� I'�Y�l� 3. No Public comments were offered. �,��`�_ 4. No Ex-Parte disclosures were offered. ��' -� � __. 5. Motion by Board Member ��'t �`` , seconded by Board Member �� `' `-��? ` to recommend the City Council find the proposed Comprehensive Plan Amen ment No. 21-002-CPA consistent with the City's Comprehensive Plan and transmit the Amendment to the Florida Department of Economic Opportunity (State Land Planning �` Agency) for review and approval, The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for September 27, 2021. P. Burnette Handwritten Minutes, August 19, 2021, Page 4 of 5 V. PUBLIC HEARING ITEM B CONTINUED Chairperson Hoover , Vice Chairperson McCoy , Board Members ��,�, Baughman , Brass , Chartier , Granados , Jonassaint Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT ��r�i� VI. Chairperson Hoover adjourned the meeting at ��' ��_�:�^ P.M. 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. P. Burnette Handwritten Minutes, August 19, 2021, Page 5 of 5 � � NEWSMED�A INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OP 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 Courlty,�Florida, that the ,attached copy of an advertisement being a� :.�;�� .a �� . d�� : �' �� a'_.. <.-�'_ /'", y ! e� -�-- y � 1 • -1- ' iz. /1.� � �!-� • n 1.' •,e:_ �... .,� �,, ,, �. . /'�: in the matler o� i! �� J.� li'� !-t..b �T. �s.F� d. % 8 &� A.�T X 1 ��A i� a i-o.�� f� .-5 � E� �_ � _. @ �i. � � �,� W �1`` v ��...�/�i�'�~' V ��V 6..✓.. .'�''o'-� 1. in the 19th Judicia� District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the sai� 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. � L'� �i�, � Katrina Elsken Muros Sworn to and subscribed before me by means of �-physical presence or _ online notarization, this _� �.'�'�`�- day of , � • �o. _ � ��:- d AD <. otary Public, State of Florida at Large �� `o�;i,;�,?u�,I JANE7 SU� MADRAY • • *: MY COMMISSIOfJ # HH 129146 "�•' 12, 2025 ;�;. :a = EXPIRES: May "':gaF F;°c'� Bonded Thru Not� �10 �nderxrlters � � uc r on� Cpry3IDERATION OF A � pRppp6Ep RJiURE LAND USE MAP AMENDMENT NO�TiCE: a PUBLIC HEARING an� be heJd bdnre the �/ °f qa�diobee Flarxvn9 �� ), � the Lod Piarvun9 Pge�.Y on Au- gtnt 19, 2f121,�6 PM, or as s�on ttiaa3fh� as P�, at Gry.Ha�, 55 SE 3�� Plari Smal�� Futire I� � Nlap Arr�endrr� ,�r�on rb. u-oo�ssa, �,�m� W� s1Q"fP1 a,n,o�d �- �� p�p�ty w.�rw, SumYa Husain Tnatee of tlie SuraNd Hus�in Re�iomble Tn �t P9rar� The Pudk s irr�eil I� at6�d and Itie ha3rd on all rt�alLgs. Thz �.M..�"'"�'�. �"-1Pds to d�arxle ttte FtNae Lard Use d�� fiom S�n91e Famity R�ti�l m�� on 0.405+/- aars k,w—� in tlie 100 daic of NE 13th Slieet Legal D�Pb°�: LIDT519 AND 20, OF BL.00R 2, aN ��E' �'T BOOK 5, PAGE 5, PL18LiC REODRDS OF �E OOUNTY� ROItIDA The APf�°� � vi�v�c1/P�n�d � tlie addrn� abae�dun�� mm/P��-�.tdrrd or trtg�e�1 bu4r�s hans, Mon-Fri, 8 AM-4:30 PM, �fix hofidays. A remrur�dati� m aPPf°"� cr d�TY APP�!ai No. 21-00`rSSA w�l be r«�nerdc� m n �e av c.aa�d fix mr�dron m ada*v z zrl,a� RA�fc Fiearing TFMAIIVELY s�eduleti fix 6 PM, Se�erT�r BE ADVLS�D tl�at shaild You rt�tr�d b� shav ?RY� adoaxr�5 P�� viden, ar i� w the PB n support a�� m� be Pro- ��, a �' of tlie daam�t.��,�� vided to the Boaid Se�et�ry for "'c "`�s taoads. AM! PERSON DEQDING TO APPEALa �th� F� �will�r�ed In � ' m � "� �`� � �„�a� a�u,� �a ma�s u,� �m ra�d of lhe a�'"9 vnn be b�. In aanr- ard evi'1e'� uPa! whidi the appeal wdh d�Mlities �'as�n�'°'w�,u, me r,�,�r�s �u, �a�a�e a�r. ve� rx�din9 ��1T70dafia' In {.arfia� �n m�s qooaa-iirg should m��ctihe GEr�eral Seivi�ss Offi� u� p�� orcap 863-763�I824, Flear �� Ng urqaair�: porida r�i �-1-1 no l�ler man m a��. By: B� Smdh, AI� CRY Planning Cam tltarrt, #21-OOSSSA as9s3s ori ela,lv� ,'' �� ! f �F �%'``,,, �•� � . - --�- -�, . f '�� ,ri� '.! �A ` S ;r1?I.a^r�t�;;.' . �4,�\ i � ��b��' �7 �� _ - � �',�� ,�w � �h.,�/ � I � \ � c ��r' � � NEiNISM�n�A INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 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 Cou•rity, lorida, that the ttached copy of an advertisement being a �:�� E c� 1 l4�`s;� c- <=�`. � •5 i�i the matte� oI "'.,. � .0 i> n� � �r �� i� a^:u , {'�;r-�.c� ► �'`..'� /-` e,� ¢ :►`3d�. x � � ��i`� & Y � 6T 1 ( _�t � ti �. 0 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of � � � Affiant further says that the said 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. L/ v _ V Katrina Elsken Muros Sworn to and subscribed before me by means of �.sp'Iiysical presence or _ online notarization, this � � ��.- day of �-=�� r�'`.u._k ��" ��l_4`.� ��.,�, AD ._ � Notary Public, State of Florida at Large �.�..� _�-�. ,,.,�,�Np�dl;•• JANEf SU�MApRAY =��' ��(�,i-.��(j "` MY COMMIS�IaN # MH 129146 `*' ?J�/�:�J�j''� '�' EXPIRES; MaY ti2� 20�5 N��F L�'••�, ��•'.': ••••'OP' Bondnd 7hru Notary Pahll� UndeM'dters , OF �� • crnroFou�aioe� wa�c riancE �aorosEoaoMv�►+ers�vE �w aM�oMFxr NpT10E: a PUBI�C HEARIIiG w� be heJd bdore the (3y c�f Ol�ediobee Plami�9 Board (PB), as the Lod Pmrrrn9 �J�-Y, on Au- g�t 19, 2A21, 6 PM, a as s�on tl�flg as P�ble� a� �Y �� 55 SE 3rd A Rm ZQO, qa.ed�ae, R, h� mrsda' ard re�.e rput s�brrulted by� �ff or atiaer�s, mrrxrtrg M�adrt�� No. 21-002- �a ,,�,}y� app�; m ado�t a pto�aty Ri9Fis Banat rto tlie Qy's Curprd�sn,e Plan as rec�ured b�' I-bu� &1159. The pubic's iru�d m a�ffid arid be hea�d on al maUeis. ar The arn�nanat's beiy p--'--' n�'r� fGrn. 7M_ [x�x'�f bUe of the adnanm ieads as fdlvrs: AN ORDRiAN� Of 7HE QfY OF OI�ECFIOBE�, FLARIDA: AMENDING 7HE QiYS ELEMENi, II�!(lUDING A GOAI, OBJECf1VE�U POLICIFS, II�iCLUDING SiATEMENiS OF PROPERTY RIGHiS 0.5 PRO- BY RECFftiLY ADOFim R.ORIDA 3HO115E6B)�D.L �; P�ROW� ING PDR FIMDIt�6f+ OF FACf; PROVIDIIJG FOR OONRIGT; PROMIDING PDR SEVERABLSiY� AND PROVIDING FOR AN Ep�CENEDATE �d Parti� rr�Y app�r at tlie me�n9 and be ha3rd w�h � �ed ho ihe pru� adirrer�. Prr�ner� No. 21-002�A will be forwarded wHh a remrmiadation m theCuy Camol fix mruideration a�� r�rvltaltotlie�Florida�paiVn�tanE�r�rt��c�PP��1'• �a��,�� mRyp,b§c�,o6oehl,Ta « ir� a[ u,e addr� abo�e during re9ular busrxs hours, N1arFri, S M1-4:30 PM, eoxpt ror r,didays. BE AOVLSfD tl�at shaild You i�nd ro stn,v airy daaunen4 I� twe, vdeo, ar aar�s m tne rs in s,pporc or oppcation In airy ia�n m I theaqa� , a mpy of the doam�nt, pich�e, vdeo, or dan must be pro,'�d m tlie Board SeaUary fix tlte Gty� �ds. ANY PERSON ' DEQDING TU APPEAL arry deavm made fry the Ps with n�sped IUo arr/ matRr ��J at th�s pubfc fx�ring will nced m ensure a �sbatirn ravrd oF tlie pro�ling is made arid tlie remrd arkd� tlte da��,d �,oe � wnKr, u,� � �i � u�d. �, �- , u,e ar�r�s wrtr, o�Mlmes acr, v� v�lt, diedlm� n�ing spedal aanrnirodatic� h� partld� m th's q�ding shakl mn�ad tlie Ga�aal Servi�s Offr� n pers�n a�9 863-763A824, Fl�ry ing Impaead: Florida ReJa�' 7-1-1 no la�r tt�n (aa an4ies days Pria 1n pro�e�irx�. i By: Bai Smdh, AI� CAy Plarxtin9 Ca�l�nt, #21-002�A ae9szi orr Wa,ii/mu 'ii �h 8� ��, �y.p�� "� 1 ! !� '%3) ~ ,:`q� � ' • : �,��4��'�� "`� �,�� d �' P.��?��' C ��'�- � \ h "� °''�_ s � _._..- ►'� w � L��,L,pF•OHE�.Cy CITY OF OKEECHOBEE ''W f �o�' PLANNING BOARD MEETING ` �� `' S5 SE 3rt� AvErvuE, �KEECHOBEE, F�oRioa 34974 � 91 t OFFICIAL AGENDA Au�usr 19, 2021 6:00 P.M. CALL TO ORDER A. Pledge of Allegiance � � IV. ATTENDANCE AGENDA AND PUBLIC COMMENTS A. Requests for the addition, deferral, or withdrawal of items on today's agenda. B. Motion to adopt agenda. C. Public participation for any items not on the agenda requires a Comment Card. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Chair. MINUTES A. Motion to dispense with the reading and approve the July 15, 2021, Regular Meeting minutes. V. OPEN PUBLIC HEARING A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 21- 005-SSA, from Single Family Residential to Commercial on 0.405± acres located on NE 13rn Street, Lots 19 and 20, of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County - City Planning Consultant (Exhibit 1). 1. Review Planning Staff Report - recommending approval. 2. Hear from Property Owner or Designee/Agent - Jeff Sumner, on behalf of the Property Owner, Suraiya Husain Trustee of the Suraiya Husain Revocable Trust Agreement. 3. Public comments or questions from those in attendance or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications' by the board. 5. Consider a recommendation to the City Council to approve or deny Application. B. Comprehensive Plan Amendment No. 21-002-CPA, which proposes to adopt a Property Rights Element into the City's Comprehensive Plan as required by House Bill 59 - City Planning Consultant (Exhibit 2). 1. Review Planning Staff Report - recommending approval. 2. Discussion by the Board. 3. Public comments or questions from those in attendance or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications' by the board. 5. Consider a recommendation to the City Council to find the proposed Amendment consistent with the City's Comprehensive Plan and transmit the Amendment to the Florida Department of Economic Opportunity (State Land Planning Agency) for review and approval. CLOSE PUBLIC HEARING August 19, 2021, Planning Board Meeting Page 1 of 2 VI. 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. BE ADVISED that should you intend to show any document, picture, video, or items to the Planning 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 Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. August 19, 2021, Planning Board Meeting Page 2 of 2 TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: ��' i i i� Verified Zoning Designation: ,� F: Pfan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment � Small Scale (SSA) 10 acres oc less ❑ Small Scale (SSA) More than 10 b�rt less than 20 acres if the pcoposed amendment �vill have a positive effect in addressing the problems of low pec capita incomes, low average wages, high unemployment, instability of employinent, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTG: Answer all questions completely �nd accucately. Please print o�• type responses. If additional space is needed, numbec and attach additional sheets. The total number of sheets in your application is: 29 _ Submit 1(one) copy of the complete application and amendment support documentation, including maps, to t11e General Secvices Department. Fifteen (15) copies of any documents over I 1 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amend�nent support documentation. The information and documents provided ace complete and accurate to the best of my knowledge. � �i �` � �( Date � e � wner Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, calt the General Services Dept. at (863) 763-3372, Ext. 9820 Page 1 of 7 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT Applicaton for Comprehensive Plan Amendment (6/21) I. APPLICANT/AGENT/OWNER INFORMATION SURAIYA HUSAIN REV TRUST AGREEMENT Applicant 4079 LAKE BOSSE VIEW DR Address ORLANDO City 407-719-9376 Telephone Numbec JEFFREY M SUMNER, PE Agentr 410 NW 2ND STREET Address Fax Number E-Mail OKEECHOBEE FL 34972 City State Zip 863-763-9474 jeff(c�sumnerengineering.com Telephone Numbec Fax Number E-Mail SAME AS APPLICANT Owner(s) of Record Address C ity Telephone Number Fax Number State � E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other pcofessionals providing infocmation contained in this application. *This will be the person contacted foc all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9820 FL 32810 State Zip Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/21) II. REQUESTED CHANGE (PI@aS@ See S@Ct1011 V. FG'e SCh@dUle) _'I A. TYPE: (Check appropriate type) ❑ Text Amendment x❑ Future Land Use Map (FLUM) Amendment B. SUMNIARY OF REQUEST (Brief explanation): Small-scale amendment to Future Land Use Map to Commercial for Lots 19 - 20, Block 2, Citv of Okeechobee A. PROPERTY LOCATIOIV: I. Site Address: 1300 N. Parrott Avenue Okeechobee, FL 34972 2. Property ID #(s): 3-15-37-35-0010-00020-0190 B. PROPERT'Y INFORMa►T�o�v (Note: Property area should be to the nearest tenth of an acre. Foc properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 1.111 Acres (48,395.2 sq. ft.) 2. Total Area included in Request: 0.402 Acres (17,511.1 sq. ft.) a. In each Future Land Use (FLU) Categoiy: (1) Single-Family Residential: 0.402 Acres (17,511.1 sq. ft.) �2) _ (3) �4) b. Total Uplands: 0.4U2 Acres (17,511.1 sq. ft.) c. Total Wetlands: 0.0 Acres (0.0 sQ. ft.) For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9820 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/21) ✓ 3. Current Zoning: Heavy Commercial 4. Curcent FLU Cate or Sin�le-Family Residential '� g Y� 5. Existing Land Use: Vacant 6. Reguested FLU Cateaory: Commercial D. MAXIMUM DEVCLOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Proposed FLU CateQoc Cate or Residential Density (DU/Acre) 4 Number of Units 1 Commercial (sc�. ft.) 26,267 sq. ft. 1 Industcial (sq. ft.) � Based upon the ma�cimum allowable Floor Area Ratio of 1.50, per the direction provided by City Planning staff: ` � -�- �• • At a minimwn, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Floi•ida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the suppoct documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS SEE ATTACHED AMENDMENT SUPPORT DOCUMENTATION LETTER AND MAP SERIES Unless otherwise speci�ed, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide S.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street netwock, � and Future Land Use designations of surrounding p►•operties. 3. A map showing existing land uses (not designations) of the subject property and � surcounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. Map showing existing zoning of the subject property and surrounding properties. ��' 6. Three (3) C�RTIFIED BOUNDARY surveys of the property (one no larger than 1 lxl7; scale not less than one inch to 20 feet; North point) containing: date of survey, ? surveyor's name, address and phone numbei; legal descciption of prope�rty pertaining to the application; computation of total acreage to nearest tenth of an acce; location � sketch of subject property, and surrounding area within one-half mile radius. For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9820 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/21) 7. A copy of the deed(s) foc the property subject to the requested change. :L— 8. An aerial map showing the subject pcoperty and surrounding properties. � 9. If applicant is not the owner, a notarized letter fi•om the owner of the property a�rthorizing the applicant to repcesent the ownec. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation ✓ prepaced by the Institute of Traftic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 oc more peak hour vehicle tcip ends in excess of that which would result under the current Futuce Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic [mpact Study prepared by a professional tcansportation planner or transportation engineer. c. Traffic Impact Studies are intended to detecmine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property undec the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: ti,.-- (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres pec thousand peak season population. For questions relating to this application packet, call the General 5ervices Dept. at (863) 763-3372, Ext. 9820 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/21) 3. Provide a letter fi•om the appropriate agency substantiating the adequacy of the existing and pcoposed facilities, to support development cesulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; �-' c. Schools. ,/ [n refecence to above, the applicant should supply the cesponding agency with the infocmation from Section's [[ and [[I foc theic evaluation, as well as estimates of maximu�n population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies eithec have been completed for another permitting agenc,y or are not relevant to the propecty. There shall be inventocies of: 1. Wetlands and aquifer rechacge areas. �°~� 2. Soils posing severe limitations to development. � 3. Unique habitat. ��' 4. Endangeced species ofwildlife and plants. 5. Floodprone areas. D. IIYTERNAL CONSISTENCY WITFI THE CITY OF OtiEECHOBEE COMPREFIENSIVE PLAIV l. Discuss how the proposal affects established City of Okeechobee population projections. ✓ 2. List all goals and objectives of the City of Okeechobee Compcehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies undec each goal and objective. U- 3. Describe how the proposal affects the County's Cotnprehensive Plan as it relates to adjacent unincorporated aceas. L. - 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. '-� ' For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9820 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/2l) E. .TUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each VI. AFFIDAVIT I, Jeffrey M. Sumner , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made tlu•ough this application. /?-� � � � 'r u�-e Own �or Authorized Agent Date Jeffre.y M Sumner Typed or Printed Name STATE OF FLOR[DA COUNTY OF �`��'1��"P_ The foregoing instrument was acknowledged before me by means of�l hysical presence or ❑ online notarization, this day of o2.� , J�_,�nF'_ , 20�, by �� r�� , who (Name of Person) is personally known to me or produced � as identification. tary ublic Signature � ; ��,YP�•, MORGAN H BRANDEL r� e°�= Notary Public-State of Florida • •: Commission # GG 9733b9 =� °' M Commission Ex ires ifOFF��` y March 25, 2024 �,,,�� For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9820 Page 7 of 7 SEC � July 27, 2021 393 SW 67th Drive Sumner Engineering & Consulting, Inc. okee�nobee, FL34974 Agricultu�e, Civi/, Land & Wate� Resources esa.sa�.sa7a City of Okeechobee Planning & Zoning Department Attn: Patty Burnette, General Services Coordinator 55 SE 3'd Avenue Okeechobee, FL 34974 RE: Request for Small Scale Amendment Lots 19 - 20, Block 2, City of Okeechobee Ms. Burnette: This letter report is intended to supplement the above-referenced application, specifically Part IV — Amendment Support Documentation. The subject property is part of an existing developed parcel (Lots 15 — 20, Block 2) owned by the applicant. Lots 15 - 18 currently have a FLU designation of Commercial and is currently developed with a medical office building and parking lot, while the lots subject to this application (Lots 19 - 20) have a FLU Designation of Single-Family Residential, and are currently vacant. Further, current zoning for all six lots is Heavy Commercial. Support documentation for the application is described below and/or attached hereto. I have attempted to use lettering/numbering consistent with that in the application form. A. GENERAL INFORMATION AND MAPS 3 4. 6. Wording of Proposed text changes. N/A — No text changes are proposed. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Map A-2 — Future Land Use Designations is attached. A map showing existing land uses (not designations) of the subject property and surrounding properties. Map A-3 — Existing Land Use (ActualJ is attached. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. The subject property is within the urban developed area of the City Okeechobee. The existing use (commercial) and zoning (Heavy Commercial) are consistent with the requested land use change. Further, the requested change is consistent with the development pattern in the area, surrounded by either developed commercial uses or vacant tracts likely to be developed as commercial uses. Map showing existing zoning of the subject property and surrounding properties. Map A-5 — Existing Zoning Designations is attached. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. A certified boundary survey of the subject parcel (Lots 19 - 20, Block 2) has been submitted to the City under separate cover. A small-scale copy of the survey is included for distribution as ExhibitA-6. 7. A copy of the deed(s) for the property subject to the requested change. ExhibitA-7— Deed is attached. 8. An aerial map showing the subject property and surrounding properties. Map A-8 —Aerial is attached. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A — The owner is the applicant. B. PUBLIC FACILITIES IMPACTS 1. Traffic Analysis — Utilizing the ITE Trip Generation Manual (10`h Edition) to estimate traffic volumes associated with the proposed Land Use Designation (relative to the existing Land Use Designation), and utilizing the maximum development units for each as shown in Part III.B of the application, the estimated increase in expected traffic volumes is as follows: Description / ITE Units Expected Calculated Daily PM Peak AM Peak Code Units Trips Trips Trips Single Family Homes DU 1 9.44 0.99 0.74 (210) Medical Office (720) 1000 sf 26.3 922 91 97 Increase 913 90 96 An estimated increase of 90 PM peak trips and 96 AM peak trips should be considered insignificant given the proximity to a State Highway (US 441), and is not expected to burden existing LOS of the surrounding road network. Potable Water and Sanitary Sewer / Open Space a. Utilizing the LOS values in the City's Comprehensive Plan of 114 gallons per person per day (gppd) for water and 130 gppd for wastewater and 2.7 persons per DU, the potential water and sewer flows for the existin� FLU category are: 1 DU x 2.7 people/DU x 114 gppd = 308 gallons per day (water) 1 DU x 2.7 people/DU x 130 gppd = 351 gallons per day (wastewater) The Comprehensive Plan does not provide water or wastewater generation rates for commercial uses (understandably, as rates could vary greatly between various commercial uses). To estimate water and wastewater flows associated with the proposed FLU category, the City's Small-Scale Comprehensive Plan application utilizes a rate of 0.15 gallons per day for non-residential uses: 26,267 sq. ft. x 0.15 gpd / 100 sq. ft. = 3,940 (water and wastewater) Increased water demand = 3,632 gallons per day Increased sewer demand = 3,589 gallons per day b. Recreation / Open Space — Not applicable to non-residential uses. Correspondence with the appropriate agencies substantiating the adequacy of existing facilities to support the proposed change are included as Appendix B-3. At this point, we have requested capacity confirmation letters from Okeechobee Utility Authority (water 2 � , _ and wastewater) and Okeechobee Landfill, Inc. (solid waste). As this is a non-residential use, capacity confirmation from the School Board is not applicable. We have conservatively requested capacity confirmation based on the maximum potential additional square footage as described in the preceding sections. C. ENVIRONMENTAL IMPACTS 1. Wetlands and aquifer recharge areas. N/A — the subject parent tract is already developed for the proposed use, and is within a developed urban area of the City. As confirmed by review of the National Wetland Inventory mapping system (https://www.fws.gov/wetlands/Data/Mapper html), there are no on-site wetlands or recharge areas. 2. Soils posing severe limitation to development. N/A—the subject parent tract is already developed for the proposed use. Additional development on the subject tract can be accomplished with normal site preparation and soil treatment. A soils map is attached as Exhibit G2. 3. Unique habitat. N/A — there is no unique habitat on this cleared lot. 4. Endangered species of wildlife and plants. N/A—there are no known endangered species present. 5. Floodprone areas. N/A — the subject property is within the developed City of Okeechobee, and has a flood zone designation of X(Area of Minimal Flood Risk / 0.2 Percent Chance Annual Flood Hazard. https://msc.fema.gov/portal/search?AddressQuery=1300%20NE% 2013th%20Street%2C% 200keechobee%2C%20Florida#searchresultsanchor D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Effect on the established City of Okeechobee population projections. The proposed FLUM amendment changing the existing FLUM designation from Single-Family Residential to Commercial will have no affect on the established City of Okeechobee population projections. There will be no increase in residential population. 2. Goals and Objectives of the City's Comprehensive Plan that are affected by the proposed amendment. See attached PolicyAnalysis. 3. Effects on the County's Comprehensive Plan as it relates to adjacent unincorporated areas. The proposed FLUM amendment is 0.402 acres in size and will have no effect on the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. State Policy Plan and Regional Policy Plan goals and policies relevant to this plan amendment. The proposed FLUM amendment is 0.402 acres in size and is not relevant to the State Policy Plan and Regional Policy Plan goals and policies. E. JUSTIFICATION OF PROPOSED AMENDMENT There is an existing commercial/office development abutting the property to the west; vacant commercial zoned property to the east; vacant commercial property to the north; and vacant residential property to the south. There is no existing residential use on NE 13t'' Street east of N Parrott Avenue. As stated above, the existing FLUM designation for the subject property is Single-Family Residential. Abutting property FLUM designation on the west, north and east sides of the 3�:� . property is Commercial. The south side of the property is NE 13th Street. The FLUM designation on the south side of NE13th Street across from the subject property is Single-Family Residential. The proposed request for a Future Land Use Map Amendment is from Single-Family Residential to Commercial. The existing FLUM designation for the subject property, Single-Family Residential, is inconsistent with the abutting FLUM designation, Commercial, on three sides of the subject property. In addition, amending the FLUM designation to Commercial will render the subject property consistent with the underlying zoning designation, Heavy Commercial. At present, the property cannot be developed for commercial uses without this FLUM amendment. We have attempted to prepare a complete application for the proposed Small Scale Amendment. However, if you have any questions or require any additional information at this time, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance in this matter. Sincerely, Sumner Engineering & Consulting, Inc. Jeff rey M Digitallysigned byJeffreyM Sumner Su m n e r Date: 2021.07.27 14:28:52 -04'00' Jeffrey M. Sumner, PE President cc: Jason Donald (via email) Allen Murphy (via email) Derrill McAteer (via email) 4�. ,_;� Attachment to IV.D.2. Relevant Comprehensive Plan Goals and Policies Analysis Future Land Use Element Objective 2:The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. The existing FLUM designation for the subject property is Single-Family Residential. Abutting property FLUM designation on the west, north and east sides of the property is Commercial. The south side of the property is NE 13th Street. The FLUM designation on the south side of NE13th Street across from the subject property is Single-Family Residential. The proposed request for a Future Land Use Map Amendment is from Single-Family Residential to Commercial. The existing FLUM designation for the subject property, Single-Family Residential, is inconsistent with the abutting FLUM designation, Commercial, on three sides of the subject property. In addition, amending the FLUM designation to Commercial will render the subject property consistent with the underlying zoning designation, Heavy Commercial. At present, the property cannot be developed for commercial uses without this FLUM amendment. Policy 2.1.dJ Commercial. Permitred uses include the full range of offices, retail, persona/ and business services, automotive, wholesale, warehousing, related commercia/ activities, and accessory uses customary to permissible uses. Other uses related to and consistent with commercia/ development such as houses of worship, public facilities, public utilities, communications facilities, hospitals, group hames, adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, may be permissible under certain circumstances. 1. Commercia/ development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. 2. Zoning districts considered appropriate within this future land use category include Commercial Professional Office (CPOJ, Light Commercial (CLT), Heavy Commercial (CHVJ, and Centra/ Business District (CBDJ. The proposed FLUM amendment to Commercial will not exceed a floor area ratio of 3.00. In fact, based on height and parcel size limitations, the FAR will not exceed 1.5. Policy 2.5: The City shal/ amend its Future Land Use Map, as necessary, to address inconsistent land use areas. Policy 3.3: The City of Okeechobee shall continue to coordinafe with Okeechobee County in amending the City-County zoning maps to ensure that, alI property in the City is zoned in accordance with the Future Land Use Element. As stated above, amending the FLUM designation to Commercial will render the subject property consistent with the underlying zoning designation, Heavy Commercial. Policy 11.1: Criteria, standards, and related provisions established in the Land Development Code for reducing the impacts from any land uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: aJ Regulate the subdivision and platting of land. 6J Regulate the use, intensity and location of land development in a manner that is compatible with adjacent land uses and provides delineation in the Conservation Element. cJ Protect Conservation Use lands designated on the Future Land Use Map and those delineated in the Conservation Element. d) Regulate areas subject to seasonal and periodic flooding by requiring adequate drainage and storm water. eJ Ensure safe and convenient on-site traffic flow and vehicle parking needs through the Site Plan review process and off-street parking regulations. fJ Ensure that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and services is concurrent with development. gJ Provide that development orders and permits shall not be issued which result in a reduction of the level of services for affected public (communityJ facilities. The purpose of such regulations shall be to eliminate or reduce use inconsistent with the character of the surrounding area. Such criteria, standards, and related provisions shall not cause undue hardship, economic or otherwise, to the owners of such nonconforming uses. There is an existing commercial/office development abutting the property to the west; vacant commercial zoned property to the east; vacant commercial property to the north; and vacant residential property to the south. There is no existing residential use on NE 13th Street east of N Parrott Avenue. LI'i�Y 01� UKI?1?CII4)131:1� 5S S� 3ai' A��1�:Iv[11�: C)KI�:I:C.:IIOBEI�:, N l. 34974 Tr:�.[.: 863-76 �-3372 FEaZ: �63-763-] 686 L,ANI3 IUSE POdV�R OF ATT�RIlffl:l' Name of Property Owners: SURAIYA HUSAIN REV TRUST �GRI;EMENT Mailing Address: 4079 LAKE BOSSE VIEW DR, URLANDO FL 32810 Hon�e Teiephone: Worlc: � Cell: �d7_� � g_q376 Pro,perty Address: NE 1�TH ST. OKCECHOBEE ��L 34974 Parcel ID Nuinber: 315 �7350010000200190 N�me of Appiieant• Je11'rey M. Sumuer, PI; Sumner I:ingineering & Constilting, Inc. � 410 r!W 2ncl Strcet. t)kcechobee. 1'I, 34972 S(3.763.9=�74 Home Telephone: Worlc: Cell: 'I'he undcr•signed, Ill:ltl� CIlC 1'l;Cpl'C� t1Cil; OWIiZI'�ti� Ot CII� 1'Cfl� �I'O}7Ci'Iy l"(L'5C1'l�)LCi �tbove, do hereby �*I'1llt LI1lCO Tllt applicatit slated above the full ri�l�t and power of attorncy to �nake application to the City of Oke�chobee to change the land usc; oi�said property. "I1�is land tzse chan�c may include rezoning of the property, the grantin� of special e:cception or vari�mecs, ancl appeals of deeisioizs ot'thc l'lanning I�epartmcnC. It is ttnclerstood that conditicros, limitations and restri�tions m�iy he piacc upe�n th� usc or operation oi'the property. Misstateanents upon ap}�licatioia or in any hearinb may rc;sult in th� termination of any speci<il exception or variance and a procc;eding to cezunc the E�roperty to thc original classification. 7'his puwe;r of attorne}' niay be terminated only by a wi•itten ancl �tatarized stat�m�nt of such tei�nination �tPe.ctive u��on rc;ceipt l�y tI1L Planning Uepai•tment. I.N VI/I"I�NI:.SS WiiI:R1�0I� �I'I11i; I.JND�-�:.ItS1(iN1;I> IIl1V1; S1;'I' �I�l-I1=;II� 1I�Nll nND S1:?AI,S '1'IIIS � (1 ! � llnY OI' ..,1 t',f��t'_ �� j. � , �5 ��1 •� �,�,.- � OWN1::R W I'1�NF•.SS 01��NI:R `---- Wt fNE:SS STf1TF: OI= FI,ORIDA COIJNTY OP 1 Ill; tpl't�011l� 117SC1'L1ri1Ct7t W�15 3CIit1(1�4'II:CI`,.��(� 17�t(ll'(; I171: %j� 171C�1175 Ot �>«�ihysical presenee or ��l onlinc notai•ization, this 1 L� _ day of �� t:��'=� �`. , 30 �.t , i�y (Name oC Person) who is personally known to me or prodi�c�c( i t.� �= L. j� C� i c: as idcnti.tication. ,,,., ..,.., '<�Y p�q;•.,_ ASHLEY NURSEY � � ' . � �''�; • '': Notary Public - State of florida ! _'`�_i. � � I � ��''. L - �. � ,.�� i �� .�7 �.. �. . �;�e' Commission # GG 362211 N07�AR1' Pti113�+1..IC' SIGNA7'URI�=, '.� d�:�` , ,, oF f`••' My Comm. Expires Aug 5, 2023 { J ti, -------- �_ \ � � 1 � ' ` .:1 �i C' ` � Z C.►1. � -- -- --- t. � (Rev 4/2020) M�4P A-2 FUTURE LAND USE DESIGNATIONS � SEC ..� � � . 410 NW 2tvD STRF_ET Surnner Engrneerin,g & Consulting_ Inc. _ okee�n�n��, FL 34972 _ ___ Agrrculture, Givil, L�nd & Water Resources 8ss.75s.�a.�4 MAP A-3 EXISTING LAND IJSE (/�CTUAL) � ; .�'Y.' > ' � ,�. .;!Y�SC�C/.y �X�:/Y�ac''�.S' r l %'J'}C�?fJ � , � 5 6 r� 5 x N 7 19 OSINGLE FAMILY � MULTI FAMILY �, . ,; ';'',;�;;' COMMERCIAL / OFFICE ___ __ CHURCH / NON-PROFIT I� DAYCARE � VACANT � PARKING LOT ► `��`t�i�t� ��'!�.►�� r�� .�..�5�� .��!�� .��,�,��. ��r�� NE 14TH ST NE 12TH ST �. NE 11TH ST 31 NE tOTH ST 36 '��1�' �Y�' "I' ►��,�� l ►��r��1. ►��1 /� �� ( ►��;1��;f;t��/, .-�:::.►:�.�:�:, ►��►��1 ►��►�4 �� i�►�i!��i� ►�� ►1r1��1:�� 35 , 41(3 NW 2ND STRcE?� . SEC �` .Sumner Engineering &_Consultinc�, lnc. Okeechobee, FL 34972 _ __ __ ____ ----- _ _ _ _ " Agricc�lture, �ivil, Land & Wat�r Resaurc�s - __ _ __ __ _ _ . _ _ _ -��s.�6�.s4�� MAP A-5 E)CISTING ZONING DESIGNATIONS f1 u} �P �r tv �r u ;< ��. , ,L � � � _: a, t ,: _ .��.�, . ..m_F:. �, -�.... �k � � ___ _ CITY LIMITS I , ' ��, ,s ,� ,� ,: ,� , , i , _ � 3 . _ . . _ . .,..i _. _....._._... _ � i 4 j � i i i �4 �. .. .� i ,,_ �:? ._ � ZS pg �. 5 � � e . . ._ _. ... �. � '0 ^ 5 . ZONIIVG �N„��.�,,,rs - - HOPKiNS A�EANO[R I.'�NE . Hqn.kon�ceiareNunr. cilY_:a�,�i"ii�� .:�i�: �I•. bn�'kjr:i�i::�l rGN`Nnl su<_IfICSS OISTRIf.T NEN/" COF.I��ERCIAI LI aHT COlA4.IERGI/�L CnR�AIERG� 1L �R�tCSSI��NAI OFi10E j,: i; Hu�oiNc �rinu=_ra�n� PU9LIC USE F1.111NF.D �`lli O�VEl01'M1fE�'T-f.fl.�i.� U�f I FI.�NNF,DVN11'O'eVF.LOAAIENI�R[SIOE�ii1�L HF,�Si�Enll'IAL hIUL�I('LE FAMII.Y a� ,:oenrv,;. n!ur�i�[ uonf[ l3CSIpENiIA� 5 WG� E .'�l:lil �.ONF. �:esicervrin�,. sinc�e rneu�v.r�vo � 2 4 f , � , j 5 � s 6 ,� ;2 13 f4 t5 78 �� u I:l �a ti +s �, ,^ 1� y ! � �:, 0 ii � O 1h � +e W � t� vJ 12 �� d' � � � I � 13 in I5 iry 9 �1Q ,�.__ T ;: 1615 NE 14TH ST ,:. , � '' '' � , a 2� 23 �a Fy 2n � � ' 7 � � ' a , . ,:1{ ,;r '� NE 13TH ST ��''� :. � __ _._ _ _ (- . , r �{ � .Jf ..... . .. . �.. . :.• f��f IM{f `f+ 'f�fl � £tf ��' �f�J r�� / f 1 !i f I f f � r��rr � . �. �,�.�� +�I '��a f� �� f , � �� / ,+f +`. ;': f . . r � r.f t�. ?�� f ... 1� +'f.,..�{ 1 �.._:_..1 �./� �, : . F �.., ._.. j � �':r%��% jr �� ; 1 �•� f� %' •�`r � �, � � if � �� f ��, '�� '� "1 2(� •21�, 22��23�24:'�25,f26f: j� � � ��1 j,, / ' .�`` '�{ /{�, � '�� ' �`{ � f }� / ; r %.__ �..:`....Ei --..�_ �.r.___�{ ..!.. i L..�v�� `� �� i�CC��H ST I i . . - „ . i , � g 7 8 .5 1 �2 , I � 18 �: _ __ _17_ � 7i 7t° .� . � . . .. �. . f 5 iD 11 12 13 �14 1: t � NE 11TH ST � . _.. . ..... . ..� _ . ...... f �' �: f ,' { f/ F .1J �� . ., :- .i . � 3��1f,f��/f�0 9rr+8f . , �' ,r` �,i ,�{r , 3 ' ` '� ,�: ... �i { ,f �7 18 "•:1 .. ._ _._ .:�1 �. .., i� _ 1�� i� ,. � �1 7 , .J � NE 10TH S . • • . 410 NW 2ND STREE=i _,Sumner Eng�neering & Consult�ng, Inc. okee�nob��, FL �49; -? - _ ._. __._ _ _._ _ � Apri�cll�crre� C'��ri�, L�r�d � V�f�ter Re�c�E.rt-� �� _ s�s.7�s.G.�� O�uVD�� S�OpOC�G�LQpC��C� �C�JGL3�IC� LOCATED IN SECTlON 15 TOWNSHIP 37 SOUTH RANGE 35 EAST -- - -- - �- - -- -- - - �- - - -..- - �- - �- � � i i � `THIS SUR\�E� � �_ �; �; : �� w a �V � � � � . ' ' LOCATION MAP: ' m ,uor ro so��n ' � - -` , - - — - — -- — — — — -- — — -- — — -- — -= . ' � LEGAL DESCRIPTION: ,.,. - - - - _ , ,....: �.,�,., , .. _ _ - - __ _ _. _ �- . ,�•,:�;..,,,..... . i N89°d8'02"E If7.5P y � ,.- _�� ,;' ,.�,, I � . � ♦ - - � � -- � �.�C� -, — -,_ - �� - - � � � -- � - - - -� - - +�,}. - - — — LOTS 19 AND 20 OF BLOCK 2, CITY OF OKEECHOBEE, ACCORDL�G TO THL PLAT THEREOF RECORDED M PLAT BOOK �. I � j � � � + � ' 1 � � '� i' �� ' % } 5, PAGH 5, PUBLIC RECORDS OF OKEECHOBEE COUN'IY FLOItQ)A. . . : � ; \\ r in � .. .., ' sF, i.:• ixo. aon n�.�r .:. _ ' �si,.�:reu�ucvi.�u��:s=� m��: iKuvxnns,o , ' 1 <ta�.m��o'x�•ii.n.�s. - � . _=�� i i � xim eii+x u.�e� �:I `� :�' � 1 .'i -. IN(lA ' i.t��.f �ti�u l:M , I i i j n. �nru. � i ie � a � rm« � � _ , � , ; , I i I _ __ _ _ _ _ ---.�.- _. __ -=�=_i ' �\ � _ ' SURVEYOR'S NOTES: - _ � I � ,`\ � , '.. '. . � . I. THE SURVEY DATE IS IUNE I8.'021. �... - � \ .ci: i�:� ix;+n xim � i,;r 2. THIS IS A DOUNDARY & TOPOGRAPHIC SUItVLY, AS DEI=fIJCD IN CHAPTER 51-7 7 Oi0( I I) Or 7HC FLORIDA I� .r..irrn �rrti�i � q+i.�- c - ADMIN1SiRATNECODE. . I - I� I ' ' J. TH75 SURVEY MAP MD REPOAT OR THE COPIES iHEREOF AItE N07 VALID WITHOUT THE SIGNATURE AND THE : ' I \ I 3 - ORIGINAL SEAL OF A FLORIDA UCENSED SURVEYOA AND MAPPER. � i 1 Q �\ �- � � - o . ;; y 4. ADDI770NS OR DELE7ION5 TO SURVEY MAPS OA REPOR75 BY OTHER Tf WJ THE SIGNPIG PARTY OR PARTIES IS � 1 I _ , ` '.' M.....,, � . PAOHIe1TLDWITHOUTWRITTENCONSENTOFTHE51GNIh'GPARTYORPARTlES. ' z� rrse.�� i � 5. BEARfNGS SHOWN HCREON ARE BASED ON GRm NORTH, AND ARE REFERENCED TO THE FLORIDA STATE PLM'E __ i I -� � I . COORDINATE SYSTEM, LAST ZONE, NORTH AMERICAN DANM OF 1983, 2011 ADNSTMENT. THE BEARING BASE POR ; �.� .. � - TIiIS SURVEY IS THE SOUTH LINE OF HLOCK 2, CITY OF OKEECHOBL-E, ACCORDING TO THE PLAT THEREOF __ : � � � ' RECOItDED M PLA7' BOOK 5, PAGE 5, PUBUC RECORDS OF OY.EECHOBEE COUNTY FLORIDA., SAID LDJE BliARS S . __ � \ i =�� -� 89°48'02" W AND ALL OTHER B[AR1NG5 ARE AELATIVC TFiGRETO. -' � I,. . � ��,.,�.. �„� �� . ' 6. ELLVATIONS SHO WIJ }iEREOT ARE REI'ERENCED TO THI: NORTH AMERICAN VERTiCAl DANM OF 1988 A VD 88) � ' I. .�� AS ESTABLISHED BY NATIONAL GEODETIC SURVEY (NGS) CONTROL POINT "A 567 X" HAVING A PUBLISHED � _ ' � � r 1,,,F ^., w ,'.' ` ELEVATTON OF 23.99' (NAVD88). ELEVATION DEPICTED ON iW5 SURVEY WERE OBTAIKED USING REAL 7IME _ � � .. l- �� a�� H^� � . 1 KIPIEMATIC (R'IIQ GPS METHODS WITH AN EXPECTED ACCURACY OF+I- 0' . � :�� rNON,v� nrvrw li'� I .�. . , r .; ..'. I �tF'J � Nf. NO IOEN P C �IU� �nl� SIN' IliO� N.UL a � il ..' I�� + _ . ,c I : � -�- - I euiv �ina,� �,n,� �F��i. � . � -. 7'HISSURVEYDOFSNOiHAVE7HEEEI�:F170FACURREN'ITI:LECCMMITME^77,OPfUO\',ORAEST[L1CT.DURLNG _ ,.; c' "�� I �� TFff COURSE OF THE SURVEY SOME SLARCHES OF THE PUBLIC RECORDS WERL MADE. BUT THL-SC SEARCHES WERF - - � I � �� N.NED �� Ao a� � NOTEXHAUS7IVE AND 5}IOULD NOT BE CONSIDEAED A SUBSTITUTE FOR A PROPEft TITLE COMMITMENi, OPINIOn - �� t l � --�' '' `� ' pA ABSTRACT OBTAINED FROM A T1TL6 AGCNCY OR 07HER TfTLE PROFESSIO\AL. _ \I I �'l`i r. ( ♦. \ �\ . ' N � - ,-' 4� 1 �`''�� '� '"�" �- "s' j� �� I� , � .. wN� r. ❑„�;�H! �- S. TWS SURVEY DELRJEATES THE LOCATIONS OP THL LEGAL DESCRIPTIONS ON THE GROUhD, BUT DOES NOT = �. � � ., DETERMINE OWNERSHIP OR PROPEA7Y RIGHTS. n, u, — .. — .��d .,� —. . -- .. -- ..:.. — .,,. �..�� — ,..�i. :�.�� ,�,. _ .,^ __'g_ i — .i. — � . �� — .-„- _ .. �F . 8'02"W 11750'_ .. — ,�.. -- !�� ,.� — ..�n — .�n 9 UNDERGROUNDIMPROVEMEN RENOTLOCA'CEDEXCEPTASSHOWh _ `.., (/� - -- ---- �— -------------- I rsunnrwe L� „ '� = .. ' � • � y, _.� � � — -'"' — ""' t ��'�, . . , , i 10. ADIOIMNG PROPERN PJFORMATION WAS OBTAINED FROM OKEECHOBEE COUNTY PROPERTY APPRAISER OFFICE . _ r..M . � ,._. . , � . _ ., 589°C .,... _ � � , � ' I � ,._ . _, �.�� ' _ .. .. �. __'_— '_ _ "��r-ririi n�� -- AND/ORSHOWNPERPLAT. _ l I� �1 _ � � LEGEND: C2 CENTERLINE R/W RIGH7Af-WAY OHU OVERHEADUTILITY ECEV. ELEVATION FND FOUN� wv. trrvEnr CMP CORRUGATED METAL P➢'E F.F.E. FIIJISH fLOOR ELEVATION (F) FIELD (P) PLAT P.D. PLAiBOOK PG. PAGfl ID IDENTIPICATION '0. UTII,ITY POLE o� LIGH7 POLE ; � = FLOOD LIGHT . .+' EX1S17NGELEVATION � WATER METER . ...._..... __...... ......_.__.._ � I I I. AERL41 MAGERY SHOWI� ]iEREON WAS OBTATNED FROM THE LAND DOUNDAAY INF02YIATION SySTEM (LAHIh'S) - - —�. -- —_ .._____ I DATED 2018.4ND IS SHONN FOR INFORMATIONAL PURPOSES ONLY. .. �. .� . i �� 12. SUBIECT PROPER7Y IS LOCATED IN FLOOD ZONE X PER }'gMp Mqp MJngBER 1209JC. PANEL Nl'MBER 0415C, W ITH AN EFFECTIVE DATL- OF 07'16/I5. GRAPHIC SCALE � I\ 1�1:1=T I i 1\•t'11 _n �.-� (IVTC�DfD DISPL:11' SC':1Lf;) _....... _...__..._ ..........___ .._._ ....._. __... _._._. _...... __...... > _ > < I3 � _ _ 5 Z _ - - - .li � �` ✓ 0.� N � CERTIFICATION; � d. I HEREBY CERTIFY THAT TI-]E.4TTACHED SURVEY IS 7RUE.4ND CORRECT - U M TO THE BEST OF MY [CIJO WLEDGE AND BELIEF AND THAT 17 MEETS THE '�,, x E" Q SiANDARDS OF PRACTICE SET FOATH BY THE FLORIDA BOARD OF '' � W C� PROFESSIONAL SURVEYORS AND MAPPERS M CHAPTER 51-17, ;'�� ¢ (S� � FLORIDA ADMINISTRATNE CODE. �, � [� �UR TIII: U�NI:�IT UF TIIf: FULLCl1t'INC� P.�1RTI�l ONLI': ��_ y � O li CU511M�NAU'AI�fFIELD O � '_I SIihINCRf:N(iINiI:RINGGCONSULTING.MC'. a �• � Digitally signed � 3 0 'B� F��A}�� by Richard BarEies � z� U Bdril�s ��:2oz�.o7.�� _ _DA,� 13:a�:�z -04�00� � o RICHARD E. HARNES III �. O PROFESSIONALSURVEYORANDMAI'PL-R � m STATE OF FLORIDA LICENSE N0. 7074 ! __._ _....__ .__ .... ..... .... .. ...._ ._.._._ . :.._... .... ... _.._. Rr�an to: (ee�to�. utf-�ddn�wd n�mpca esrelope7 Chester B. C:riffin, Esq. N�: p. p. Box 1270 A°a"••: Ft _ piex�ce , FL 34954 i11� In�trumam Pmp�red �y: N.m.:Chester 8. Griffin, Fsq. of Neill Griffin JeftYies & Lloyd, Chartered A°da••311 So. Second Street Ft. Pierce; FL 349S4 Z hopeny AppnUm P..cel IaemtnuUoe Pollo NnmDer(�3: Or�o�se(�� 9.5. � (�) ► � �.� � � � WARpANTY DEED iHONID. TO WUNI�. •i: 6PACE ABOVE THIS LINE FOR PROCE691N� DATA ��TS �tixxfiTi��7 �PE.�� Made rhe 8t MUZAFFAR HUSAIN and SURAIYA Hi3SA2N, - 6PACE A60VE THIS LINE FOR p£COROtNO DATA h daY of �}' . 19 96 , by his wife called the Granfor, to U � e k c � � c aa I) hereinafter ca!!ed !!re Granlee (Wherovor usad �eroln Iho tertns'(9rnntaf nntl'6rontos' Inelude ell Ihs paAles to Ihle Innrumnn� nntl the halrs, lep¢I reprenontolWea, anC eeelpne at IndWiduala, qntl the euttesaora end nselp�e ol coryo�etlons, wherevor I�e eonteKl eo pCmits or requlres.) � �$Lfttesset�, Tliat the Grantor, for and i�: considera�ion of the s�im of $ 10.00 and olher valuable considerations, receipt ►vhereof is hereby acknowledged, hereby grants, bargains, sells, alierts, remises, releases, conveys arid confirrns unto rhe Grantee al! thal certarn land, situate i�: Okeechobee Counry, Srate of Florida , viz: Lots 6-10, inclusive, Lots 19 and 20, and Lots 23-26, inclusive, Block 2, Lots 11-14, inclusiv�e. Bloc}c 15; Lots 1-11, inclusive, Block 16, a11 in City of Okeechobee, according to the plat thereof recorded in Plat Book 5, pag� 5, public records of Okeechobee County, Florida. SUSJECT to x�estricdtions, reser- vations and eas�ients; if any, of record. Grantor confers on the Trustee tYie power and authority.to protect, consesve, sell or lease, encumber or othe=wise to manage and dispose of the =eal property des- cribed hereinabove, including but not limited to a11 pow�rs listed in Florida Statutes 689.071. C�II�e#f[er, wrN� a!1 !/re reireine�rrs, Iie�erti�amea:�s and oppurJena�lces tlrereto belonging or in any►vise . appertaining. (`�Ia �tsSe uxt�, ta �u1lf, r/�e �•mne iir fee sintple forever. �rt� rhe .Gra�ttor JrrreGy coveRan�s ►vit/r snid brantee rhut !he granror is /awJu/ly seized of said land in fee si�nple: t/�at tlie gruntor has good right and ln�vju! aettltority to sell and convey said land, and hereby warrants the litle to suid /and and ►vi/! defend tlie sa�►:e ngainst tire Ia�vfi�! claims of a!! persons whomsoever; a►td that said land is Jree of n!! encu�nbrances, excepr taxes• acer�ring subseqr�eat io December 31, 19 95. �te �Qi#ltess �i�ereuf, rlee said Gra�:tor has signed and sealed tleese presents t/ee day and year first rtbove written. Signed, sealed and deliver d i�r thc preserrce of.• _.��'. "S/� w��nn: s�y�,��r� u. �o r..� r an ' Chester B. iffin Prin e W�ine�a Sfsmiur �s �o hra� Gr�n�or7 `� Ni�ry van des Lugt U Prinled Nime RM�CO FORM OI BGGK�37��ic€, 17� F�ILED:,�';.;�c .r,'}, i�1.. OKC.F.Cr�.:::. . 96i'{!IY I�z F'�� `� SNARO:'� [ZUf3LY2 �`-�l)". CLERIC OF C�RCUtT COU:. : •n�.untontary �camps pald In the amountof ,fiLD- �'� s!�%� �:�crl:otCircutt urt dst�: � ��c �a 6renior Sign�[ure � Muzaffar Husain Prin�eA N.mc � 150 N_ E. 13th Street, Okeechobee, FL _ Pw� O[fice AdJreaa . V l.(��'iLl.1_A.� C� Y-F�[.t.nQA/V• • . � . Wi�nea� Sisnaiurc (a� tu Cu-(:ran�nr, i! anY) - Co-Onn�or Sisn�iure. �( �nyl Suraiya Iiusali] Prin�eJ N�me Prinrcd N.me �50 N E 13 h Ok ec-hc� FT. '�4q7� w�r�� s�c�.�urc <a. �� c�,-a.a„�.... �r .nri r�.� orn�e.waa.�.. rr.�«a r+.m� STAT� OF FLC7RIDA � COUNTY OF ST. IdJCIE � l hereby Certify tM1at on lhis Uay, beforc me, on officerduly uutharized Muzaffar Husain and Suraiya Husain, �'11S W1��;ministor oo�hs nnd tuko acknowledgme�ts, personully. nppeared known to �nc to bn the persun G describeJ in and who executed the foregoing instrument, who ucknowtedgcd before me that thp� execu�ed the sume, uiid an outh wns not taken. (Chcck one:) ,�Said persun(s) is/ure personully known �o me. ❑ Suid person(s) provided Ihe following typc of identification: � NOTARY qUDOEii STAMP 6EA� � a�� °+Slfi} MARY YAN OEq IUQT s; •s MY C6MMIS$!DN I CC9$5562 IXPI[iES =' 'a� ac�u �. �eso '%3•N � ti1d••' BONDfO iNf1U TiIOY f�VH INSIIMl�CE. I/1C. Wilncss niy h�nd anJ offici�i senl in lhe Cauory und Stn�c last uforesoid �n;� 8th��y �r �Y A.D. t9 96. ..�o.y ,¢�m��e � van der Lugt r nie •me RX�TTRTT A-7 �74 i�r_�-_:. AERIAL - � , '�� ' � " 'r' . c,." . T ` •' '�y '^.i'' ,ti � � p +r �' i`- t d y� . a � . �. ! . ,�*Pr _ 'i� •* � � ��. . � ` ; � � �� , � . � . ,. � i ! �� ,�� e'� • ee��a �r � �'f` y a.',. '� , � � ''J t �� # f' � J �pw t °�+" s' �. *Gi f,iN,+ � .. � �`. . � j�;r.� �, ��• '� �� Y . .. . . - •'7� � � . ' . ,�ilr y� � � �� ., ' .. , x d� . � � �~. r�6"w� � _�� s,!+� f�l a_ � *'� � �. ,�'�♦ !. "� A ''�° p� '� � � u ; . �� .w � i�f � r ir�ed ,;, � �'. ,� '�� A � �' � � _Ti �.. ` e.. "'. E . . 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A -� ::y� � . +,p .� �� }t� y,. k �; �r - � � �, {� s.!" �. . a k � �n r � � � �' R � ^ , • +� , , �-- � •e�� a ,; � , - . # , �S, :, .�.. � .:�c::.��. ; ��, w ,�� .8 ::�8' 1� � R . � � � �„_,w,.:.� ; , � � � � 5 ' � ~. -, •-- ,«..1� ,."`, _ . 7R �F� � � • � !q�` q_�� y, (��y . 1 ,,� :,� � . � .. p r II � . ' "�� ..�V .�t ��.a.^. � �6r'Si""l,�.' �i��L��R. "�. � .. ��t 3 Ir��, � 41r � • � � * � Af` ,� �� ` ��.� ��:� �. ��r *; �� ,, : : .� � ti � � . _ � . ,,..,�� .. � � . .x:. �..� ..:..�,, ..,�. ... ,� ' � , .� � ,.,,,�°,� � � �„ '�`"� � �'" ., ��'1�"'� +� -'"�"" � �P° ; ��. . -'�►., �;��r... ., � � � « ; � _ � f, ir r; �. . � ..` � _ . . � � . y�, . � r��' M��. ��' �n �, . .., ,�q,.'., ., �" r. � �^TT � w � �ty„y`: "k� �,s j,. � 4�.' �w e� � µ � �` � �..�'�., �� "� I� , i f � 1' . � . .. aruu�. ' �w�-�.ri ; �i � �' 4 a ' ` � � « � "�'t ~ . . � 'r�R p�� l" . . . 4 � ` M Y. � ' � � � ��•. ., �' 'i� �r : ,, . � , � _ . �'' �,� �", �b � vs�M+► * ' `"�ya' � �� .,�y ,.�"„p�-�'� , { a` � �' � � �"� t� 1� Tt `O:��M �(.�..�i .�'; ,µ � � ��*j�4 �n. � •�' Ift',' f.. , ,� . �z,�' .. . �. ., � : �l. .�. H w 8.rc 9 '�. r � � �' � * �+'r v" •�. . +MM�� . . E W{jM'�l�. � . , ` � �,?. �"r .' � rN� . ;. ��1 •^� . w� � _ . � .�I�4P „ ' . �•�A� , � � . � . .. T� ' p� � . . �! , t' � � ��;�� ,�, � wr � R �, �p . �r •.� . , , . �� M' la��+�-..`��3' � H "'+�.r. . •1�"��' � *�� N x'�y:. r �,"'T'�, �, �� "'�f m , . .� � ' , r . . , . i- .. . ' , . _. . P +� . . � _ � _ . � {';� �.a�z�� * � . . . 410 NW 2ND STREET . S EC ��,sumner En �neerin & Consultin �IIC. Okeechobee, FL 34972 __ _ _ -- -- -- _ - 9 __ _ _ 9 - --- ---- . _ 9,- - ------- -- � ; Agr�culture, C�vil, Land & Water Resources __ _ _ _ _ ___ _ _ ._ _ 8�s.7��.�4�4 � WAETE M/WA[iE1111EM August 16, 2021 Jeff Sumner, P.E. Sunmer Engineering & Consulting, Inc. 393 SW 67m Dtive Okeechobee, FL 34974 Re: Lots 19-20, Block 2, City of Okeechobee Confi�mation of Adequate Services Dear Mr. Sumner: WASTE MANAOEMENT 10800 N.E. IZ8�h Avenue Okeechobee, FL 34973 (863) 357-0111 (8b3}3�7-077Z Fax This letter is written pursuant to your request for written verification of certain information relating to the proposed development project. Waste Management Inc. of Fforida has the capability to continue serving the project area, including callection of the maximum potential of solid waste the praposed devefopment may generate annually. Should you have any questions regarding this matter, please contact me. SincereMy, Okeechobee Landfili, fnc. V ' Charles Orcutt, P.E Market Rrea Engineer, Waste Management, Inc. of Flo�ida From everyday coltection to environmental proiecNon, Think Green: Think Waste Management. � �, _, _ �,___ . .:.. � � OKEECHOBEE UTILITY AUTHORITY j�<, 100 SW 5th Avenue f OkeechBbee, Floricia 34974-4221 . -- (863) 763-9460 FAX: (863) 4&7-4335 June 23, 2021 Mr. Jeffery M. Sumner, P.E. SEC, Inc. 410 NW 2"d Street Okeechobee, FL 34972 Ref: Water Caaacitv Reauest Pa rcel I D: 3-15-37-35-0010-00020-0190 Site Address: NE 13t" Street Okeechobee, FL 34972 Lots 19 & 20, Block 2 Dear Mr. �umner: In reference ta a reyuest for the availability of water capacity to the subject property, I submit the foilawing inform�ation for your use in meeting the potable water demand requirements for the praject. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined tr�atment capacity of 6 MGD. During the twelve month period from March 2020 to February 2D21, fhe maximum daily flow was 3.3 MGD, or about 55% of capacity. Ai the present time, the OUA has excess capacity at the treatment plants. The OUA does have a potable water distribution main in the road right of way at the subject property. Any upgrade requirements to the water main infrastructure due t�o the demands of the proposed project will be at the property owners' expense. Should you have any questions, comments or concerns with regards to. the water system capacity, please contact the OUA at 863-763-9460. Sincerely, f � /� � l �� hn F. Hayford Executive Director Okeechobee Utility Authority � t3KEECHOBEE UTtNTY AUTHORITY =^�; i 00 SW 5th Avenue �� Okeechabee, Florida 34974-422 `( :..' �l ' - (863) 763-9460 FAX: {863) 467-4335 June 23, 2021 Mr. Jeffery M. Sumner P.E. SEC, Inc. 410 NW 2"d Street Okeechobee, Florida 34972 Ref: Wastewater Capacitv Reauest Parcel ID No.: 3-15-37-35-0010-00020-0190 Site Address: NE 13th Street Okeechobee, FL 34972 Lots 19 & 20, Block 2 Dear Mr. Sumner: In reference to a request of the availability of wastewater capacity to the subject praperty, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.9 MGD. During the twelve month period fram November 2019 to October 2020, the annual average daily demand was 0.944 MGD, or about 31 % of the current 3.9 MGD treatment capacity. The OUA does not have a wastewater service line near the subject property. Any line extensions or upgrades required due to the demands of the proposed project, will be at the project owner's expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, � � �� John F. Hayfo .E. Executive Director EXHIBIT �-2 - SOIL MAP . � �.h�.: , � .. . . .. . a � �; � ..�r.+,�.�._�n�tw r� f-+I : il'� �1�:. a� _'SaR�.s,•'�yeR-. . . � ..�. ' , , � . � �.:. ':`,'zl;tyat:' . �, - .;.i �.N�:.1 �: ��°'r >i� �,i! �ti 1.- r A . : ��! y�,� ��, 1 .. � . .C. � , _ f 4. •i yyy�� E �€ a. �' � �:' y�;' _,a yf�, v�� S:r : '. F�,.: " :id'ir" 5'fc," �' il `LI rv�; �. . �� ` �;,- i='�. �. M�}uil M� fi�- ; �. � �, �.,-. .. . ... ...,.._. ..._...... .. _ y � ii1.1 1. .�r'.!)t.l `�.1�� I•�I 1'�.:II'I.• � . , ,,. ._ „�. -- �-.; . ,� __ �, _ . �, �,.: � i. ��i��-'��,I,_,:-.::_.__'._ L'J - _ . ,. ,. ., . ' . .,�s ror Aroa of in,crast . � � �_ ;:�t� . �.„.. . __—___.__—. __—_. . . t � •_ ��' f' '`�7., y''• `�' �f.�h � r=�._ �N _ �. f a,� a �� Psrcerl� ot al: � ._. � . . � � �� ;;, ' �< ,�s: _ .<r_�. . .-. 4'. ___..__—_ 10R.(. . .. , . i � . �'. 1 tl NtJ4 21J� .`, I R:c f SEC Sumner Engineering & Consulting, ICIC. Okeechobee,FL3497� _ _ - : _. _._ - - - __ � Ac�ricu/�c.ire, C;,%ti�il, l.an.� � E/►/�ter Resv�arees _ _ �, s�� zl� R�tlny ' Acres In A(]i 1 , i T- 0: I --- ' i i.3 � Okeechobee County Property Appraiser 2(l�i� �erti�ieri V�lues ' !'v_;<�_i__�:'s' �' . 3��_:-� •��, +.:':-'t_ updated: 6/24/2021 Parcel '« 3-15-37-35-0010-00020-0190 33193 » � � Aerial Viewer Pictometery Google Maps '. ; _ -- -- --. ;OwnerRPropertylnfo ` C�2o2o ��..�2o�s �.%2o�s �-20�� ..-zo�5 -.;sa�es Result: 1 of 1 _.__,._. ..._. .._.._.. .. __�. . ! _..__.., _, _. � _._ _....__. _....__.._ _ .. ___.._ --_ `-�+�^�--^----w^^-.--_- .--„�^-.—.- --v--'^--- HUSAIN SURAIYA REV TR AGREE ' ' Owner �4079 LAKE BOSSE VIEW DR ! �}- +.v�, '�., ,.�.�.•� . � �, � � ORLANDO FL 32810-1904 � �- � a q �� `� � __ ,.. _,. � ; Site INE 13TH ST OKEECHOBEE f � . y �r""� "�. �� ^� s•� �� "� � � _ r �'F � ,i'` �i+i�:i Description CITY OF OKEECHOBEE LOTS 19 & 20 BLOCK 2 j �� •+�.. "� �' Ar..._ .. .. � ,. _. .. ea 0 402 AC S/T/R 15-37 35 i �+ r'� ;� �� -� � ._ 'PROFESS SVC/BLD _ __ µh � � . .�; , Use Code ' 1900 Tax District 50 w �� s � ; i ) � . �.�w+� � ` ik . J � � i --_._. . _ . _ . . _. _._.. _. _..---. . ..... _ ._._ .... "The �bescriptiora abov� Ss no3 to be usc;d as the �.ega3 L)ascr7pi�c�n iar ihis parcel � �K, ; in any iega7 tra�3saciion. ""' ! *"The Use Code is a il� i. b� Revenu�e code. �#ease cc3n}aat �Diceechobee County "' -� �•• •- ' P • : ! �.. - ,.�, ��.�- _ _ _. . ! Plann�ng & Dev2lopment at 863-7f3 S�dB dmr zron�ng snio. ; _ , . . ..._._ -- --�.. _ . _. .... . _� �__� _. ; $ ,.... ,... ....... . ......._. ....... ....._......... ... __-._..._.....___.. . ... ___'. .'. � " h ' .. Property & Assessment Values - - '`y °�-='.�-'�:�-t-.� �_ - . �'��-� � • ' .3-1 l '. ` "r �h ' r :'�' :- _ Values 2020 Certified Val$21,060 I ��a ....._,..2019 Certified _. .. �.. . . � ....,. _..... . � . V. w� i ' , Mkt Land $19,890 Mkt Land E_ N :- � .. _..._, ___._. _ . _, � � Ag Land $0 Ag Land $0 �� ,-�' �"�� .... _. ..�_ _.. ' ._ : ___ _._ ._ .- +.,�_.w.�: '�,+A�rM. �f. Building ^ �_�. $0 Buildmg . $0 � - � , _ . _. _.._._ ____ �.__._... �,, � • . • $2,425 XFOB $3,010' �� :or �,�'a+!'t : -�, ` • � ,� „'' XFOB _...._._ � _ __. _ : Just $22 315 Just ' $24,070 ' ' '�j: ' � `•' � � ... , _..�_._�. w. , ,�,�.. Class Q; • �. .. . . '�r ..._ .:-+e�, fi : . ` ,.. .._. ,._....,._._.. ... ._._ ..... .. ......... ..'!Q Ci�a$$.....,.._.... �.._,..._._.„. �O � � r. ' ; Appraised i $22,315 Appraised ' $24,070 ' �� , ' .. _.... SOH Cap [?] $0 SOH/10% _ I ST flGi 93TH S� . � Assessed r �aP �� $7 844 .�� r ..�c. r��.� �. ..•_:_ . , $22,315 __ __ _ �,�� ! �r . � --y�,. � ��p.�.,- ,,,; ; .. Exem t. .. ...' Exem t _. � �'' '� .:' ' � , � � � . Assessed _.,___._._ _ $24 070 ! � , M �r�� .. p $0 P _ _ $� �`� ' �.'� . � - ��. _ _ y, county:$14,751 �� ' � _ ., ._. . � , � , _, Total city:$14,751 county:$16,226 ! �;,�. ,�� :;,�t,� t �_ _ .�, �.�, �. � *. ' ; Taxable otner:$14,751 Total ' city:$16,226 � � ��' f; � � �; scnool:$22,315 Taxable otner:$16,226 � i school:$24,070 ; �� IVofe: Properiy ouvn�rs�ip chan�es �:an �aaas� ?he Assessed value of ihe � ; property io reset io iull 9Vlarkea vaiue, :vhi�h couid result in higher property i taxes. ---- -..__ _._..... ..._... ._,_ ... _... _. .� _..__ ._. _ _. . _-- - - ---__._ �.___ . . ___._._.. ... .. _. ...,.. . � . _._ _ , .. ._. -- -.._.._ . . _._.___.. _ ---.... ._._ . _.. . .. _ .. _.. � : � "d'' Sales History � _ ... _. _...� _ _. ._ �.....__.__.___ . ...._._� W ._..__..� ...�.��__.._...__ ............._._.�..____.__�_.__.� . ..._...,�_ .._..._ i� Sale Date Sale Pnce Book/Page Deed V/I Qualification �codes} RCode ' _. _ ____ _..---.._.. _.._.. .__ ____ __ ____ .. _....... _ _ _.__ � 5/8/1996 $0 03T8fo�76 WD V U 03 I � _._ _.... .__. _....�.._._ ___.._._ __ ____ _____ ___ _..______. � __ ... .. ..__ __�__.__ __._._. • .....,____..._ .._......__..._.____----_._.. ._._.,_. . _ ` , 3/1/1989 $0 0276/1655 WD V; U 03 , _. _ . _.�_,__ �_ �.__...__�___u____ __ _ . �...___..�..__.._._� ...._... . _.._.., .1/1/1986 ._.�....__.,.__.._.__.__.�. _... .� _ .. i�---- _. $0 0275��s8 � V1/p V' U 03 ' _._ ____ ___. .___.....__._. _._. . ' _.,______ �_._�.�..___. _._. _,.__.._ _.___._.____�.__.__. �-._--. � 2/1/1977' _ _.___,._ !' $0 0196/0185 WD ' V� U 03 i ; ; _._...._.. .. .._. ._.. ; ---__ _.. __. . _ _ _ __ _. _ .- ,--- _ __._. ..._ __ - -- - ----- _ . ._.._. . . _,_ . _.. .. __ _._. . - _._ __ . ._ . _ _ _ _ _ ' ''* Building Characteristics ; . _. _. _ _.... ; . p * �._...._ ._._..... . .. ....__ . ...._.. .. _.... _..._...._... _._ _.,. __.... _._..__.; i ' Bldg Sketch Descn tion Year Blt Base SF Actual SF Bldg Value i; _ _ .. _. i _. _ N O N.E _ . _ _, : --- --._ _ _.__ _ _ --- - - -.... _ .._ ___ __ _ _. .._ . .__ . __ --- - _. .._ _ . -- --- _ _ _ _ _._.�__.. ... _. _ __ .. ._. _....._._._ _...._.., ; ;'r' Extra Features & Out Buildings s;coaes� ; , . __ _.. _ _ _ -- ___. _ � Code Description Year Blt Value Urnts Dims Condition (°/a Good) _ WAL4 L _5'CBS 2SID 1997 � _ _ $3,010� . . 215.00 .._._ . 0 x 0 _._.... PD (50%) __._ __ __. . i_.__ _ .__ . . . .... . '' , _.. . . .. . . . _ _ .. __...._ .... ..._.. .. _.. _ • .......... .. . ._.... .. _ ..... . _ .. _ .__....._. ... .. .._ . ......__ __.... ! '�"' Land Breakdown - , __ .._ _ _._ ._ �_ ._ . � . __ __.. .. _._. ..... ....... . . . ...... .... .. . .. __ ____.� . .. _ . . _._.... _ _....... ...; Code Description Units Adjustments Eff Rate Land Value �,� . i�r,,,,_, �� c� •��aa � ��` .�'.��;� �R, . -�G �AlSa.er_ �� L9� Ey,�'�� 1"� � ,�, 'T7 �� ,� � �,, - . _ _� �� _�"`�"_a�'� � � � '��T—�: Staff Report Smail Scale Comprehensive Plan Amendment Prepared for.� Applicant: Address: Petition No.: Request: 3� � Uf: � . ,- , f�_�-��__ � �-�� 1�� t3751ack;on5heet�206FortMyers, Fl. 33901� The City of Okeechobee Suraiya Husain Rev Trust Agreement � 300 N Parrott Avenue 21-Q05-SSA Change from Single Family Residential to Commercial Staff Report Applicant: Suraiya Husain Rev Trust Agreement Small Scale Comprehensive Plan Amendment Petition No. 21-005-SSA General Information Applicant/Owner Applicant Address Site Address Parcel Identification Contact Person Jeffrey M Sumner, PE Contact Phone Number 863.763.9474 Contact Email Address jeff@sumnerengineering.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City's website prior to the adve�tised public meeting at htt�s://vv�n�w.cit��ofokeechobee. com/aaendas.f�tc�� • • • � s Existing Proposed Future Land Use Single Family Residential Commercial Zoning Heavy Commercial Heavy Commercial Use of Property Vacant No stated development plans at this time. Acreage 0.405 0.405 Suraiya Husain Rev Trust Agreement 4079 Lake Bosse View Drive Orlando, FL 32810 1300 N Parrott Avenue 3-15-37-35-0010-00020-0190 Future Land Use, Zonin , and Existin Use on Surroundin Properties - . - . No�Eh Zoning Existing Use Future Land Use Light Commercial Vacant Commercial East South Zoning Existing Use Future Land Use Zoning Existing Use Future Land Use West Zoning Existing Use Light Commercial Vacant Single Family Residential Holding Vacant Commercial Heavy Commercial Medical Office i :,f�,.- 1 r (�;n.�.�,,- Staff Report Applicant: Suraiya Husain Rev Trust Agreement Small Scale Comprehensive Plan Amendment Petition No. 21-005-SSA Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 0.405 acre parcel. The parcel is currently designated Single Family Residential on the Future Land Use Map and the Applicant is requesting a change to Commercial. The subject property is vacant, though the adjacent parcels to the west are also owned by the applicant and developed with a medical office and parking lot. A. Qualification for Amendment Based on the size of the property (0.405 acres), this application qualifies under Chapter 163, F.S. as a Small-Scale Development Activity Plan Amendment (SSA) to the Camprehensive Plan. B. Current Devefoprvien# Potential as Single-Family Residential The property is currently designated as single family residential on the City's Future Land Use Map and Heavy Commercial on the City's zoning map. Future land use Policy 2.1(a) allows a maximum standard density in the Single-Family Residential Future Land Use Category of four units per acre or five if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 0.405 acres would be two single-family dwellings. However, because the parcel is only 117.5 feet wide, which is not wide enough to create two lots that meet the minimum lot width, only one single family dwelling unit could be developed. Additionally, in order to develop a single family dwelling unit at this property, a zoning map amendment would be required, as single family dwelling units are not permitted in the Heavy Commercial Zoning District. C. Future Development Potential as Commercial The Applicant has stated that there are no plans to develop this parcel at this time, and that the main purpose of this request is to make the future land use designation consistent with the zoning. However, if this map change is approved, the property may be developed according to standards of the Comprehensive Plan and the Land Development Code. While the Commercial Future Land Use category allows for a maximum FAR of 3.0, the City's most intense commercial zoning district (CHV) only allows a maximum building coverage of 50% and a maximum building height of 45 feet (without a special use exception). These limitations allow for a potential three story structure, a maximum FAR of 1.5 and a maximum floor area of approximately 26,460 square feet on this 0.405 acre parcel. However, given the parking requirements for most commercial uses and the maximum impervious surface ratio allowed in the Heavy Commercial of 85%, it would be difficult to provide sufficient parking for 26,460 square feet of commercial use on this parcel. Additionally, given the character of Okeechobee, it would be unusual to exceed two stories. A two-story structure with 50% building coverage on 0.405 acres would have a floor area of approximately 17,640 square feet. �� '!<-,,. 2 i:�� f ci!-`i`'t ('t< Staff Report Applicant: Suraiya Husain Rev Trust Agreement Smail Scale Comprehensive Plan Amendment Petition No. 21-005-SSA D. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. The subject parcel is approximately 250 feet from the US-441 right-of-way and while much of the surrounding property is vacant, there is an adjacent medical office and other healthcare facilities in close proximity. There are no single family homes in the immediate area. Between the Comprehensive Plan (Future Land Use Map) the Land Development Code (Zoning Map), the Comprehensive Plan is the ruling document; and it is the typical zoning practice to make the zoning conform to the future land use map. However, there are many inconsistencies between the City's future land use map and zoning map. In some cases, the f�ature land �ase designation of a partic+�lar property is a better fit for the existing land use and the pattern of land use in the area. In other cases, the zoning designation is a better fit. On this particular parcel the zoning designation of Heavy Commercial is a better fifi for the pattern of land use than the future land use designation of single family residential. E. Adequacy of Public Facilities Traffic Impacts Based on the change in the maximum development potential of this parcel if this request is approved, the applicant submitted a traffic analysis which indicates that the Institute of Transportation Engineers estimates a single family dwelling unit to generate 9.44 vehicle trips per day and 26,300 square feet of inedical office to generate 922 vehicle trips per day. The potential increase of 913 daily trips is significant, though unlikely, as a 26,300 square foot facility is not a likely development at this location. Additionally, the applicant correctly points out that the proximity to US-441 would ease the burden on the local road network. Demand for Potable Water and Sewer Treatment The applicant has provided an analysis on the potential change in demand for potable water and sewer services if these map changes are approved. That analysis indicates an increase potential of 3,632 gallons of potable water demand and 3,589 gallons of sewer demand per day. We agree with this analysis. The Applicant submitted letters from the Okeechobee Utility Authority and indicating that there is adequate excess capacity in the facilities to accommodate the demand for potable water and wastewater treatment. Though, at this time, there is no potable water distribution main or wastewater service line near the subject property; and all facility improvements required for connection must be at the owner's expense. ; :F`, 3 l:!�iC'I;i11,,? Staff Report Applicant: Suraiya Husain Rev Trust Agreement Small Scale Comprehensive Plan Amendment Petition No. 21-005-SSA Demand for Solid Waste Disposal Waste Management has previously confiirmed a considerable level ofi excess capacity available to serve the solid waste disposal needs of other developments in the City. IYs reasonable that the volume of solid waste generated by the proposed improvements can also be accommodated within the capacity of the County's Solid Waste Facility. F. EnvironmentaE Impacts The US Fish & Wildlife Service Wetland Inventory Map does not depict any wetlands on this parcel. No critical habitat is identified on this parcel by the USFWS mapping. . .. . Based on the foregoing analysis, we find the requested Commercial future land use designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend approval of the Applicant's request to amend the Future Land Use Map of the City's Comprehensive Plan to change the designation of this property from Single Family Residential to Commercial. Submitted by: ' ;- , Ben Smith, AICP Sr. Planner August 7, 2021 Planning Board Public Hearing: August 19, 2021 City Council Public Hearing: (tentative) September 27, 2021 Attachments: Future Land Use, Subject Site & Environs; Zoning, Subject Site & Environs; Existing Land Use Aerial, Subject Site & Environs i:f, rii;�l �� 4 Staff Report Applicant: Suraiya Husain Rev Trust Agreement Small Scale Comprehensive Plan Amendment Petition No. 21-005-SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS �i � a�.-<a. .. �r�.��::�-.-�i:w++s-':*-.� a: �.:�, �[. u u ,. . : _ _ . 5�.�l�ject �rc>p�rh,»� —a '�� fti r� Y, •'� . . . . . . .. . . , LaND USE CLASSlFfCATION5 ' � • ` FAILRO.'�D CENTERLlNE ---- - HO?KI�S hdEAND�R UN= -�-�— RA!LROAD CtNTERLiNE flu_boiuic'ary_?ir.es 'ot line f!u_bac k gro un d� a rce's SI�GLE - FAP,�ILY R�SIDENTIAL hFIX�D 'JSE �ESIDENTIaL Pi�,ULTi - FAh91LY RESIDENT:AL COL1htERCtAL , IilDISS i RIP.L PU6l.IC FACILIT3ES L___ _—._..._.. ___ __..__.__ .. ._-- ._ . _. __. _ .___ J : � i Il I~'I ('•':� 5 -r' �' - �• x' Y' Staff Report Applicant: Suraiya Husain Rev Trust Agreement Small Scale Comprehensive Plan Amendment Petition No. 21-005-SSA ZONING SUBJECT SITE AND ENVIRONS �Yi �� ir�.i �� - J _ • -• _. -' 9t py _ A � S;i.il�j�r:t Pr�a��rert.,r '�•, ..- ; ��; � �„ _ �, �a�u.ar:w��r:+smac�ss-a�em�a�aassa��^ra�►sr� . . � . rt -- ' 4 r R}n �_R ,t � ^.. � x` '�' � � j �' v o � � �' � Q ��. ,....�......�.... -,---�- . . .,,,,.,.... _ `�,� �1 � 1 u� r�a� � E � H .� � . :,. � __ _. ._ . _ _ _� �� , ' .. •t n � , ..; . 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"'q�j �'" ��kk .�`�. � �- t7F 77IH ST S" r�� r � y�,��t,�q �,ai �� ^ � _ �' . ,.�.�, � �� r�� ' �r` �� '�y . 7�� -:;j � � `� �• ri� �,,r x ,� f s� 3 �, •��.. . _ Y,/�;�!'ID..-,y„"� . r• ,y� r''�'r S��N-.N� � ..� ;w �f� �.. . � ��.� �'� �� '"� ��! � �:�� 4�� . . � � m � , - •,�c s. .,,'I _ ,e,�+�l '" `� "+.�('�`.,�� . �!?� '�+�'� � .k� ti' ,�, � r �{. �'.�p • � �t�� - � , r T - , 4 �.�M F G! F w� .. ...it' i'� �:'�:�`l.1� :�� -fy,':�::. �CT:_.:' �� . ( ' ,�i.'- _ 7 .itcl;�nil' - I . - . � - �- `r i �.� �;/ . Staff Report To: From: Meeting Date: Subject: Okeechobee Planning Board Ben Smith, AICP August 19, 2021 Property Rights Element Comprehensive Plan Amendment On June 29th, 2021, the Governor signed House Bill 59 into law. One of the requirements of HB 59 is that every local government in the state of Florida must adopt a Property Rights Element into their Comprehensive Plan. The legislation provides a recommended "statement of rights" for inclusion in the Element. Though local governments are not required to adopt the exact language of the recommended statement of rights, the language that is adopted may not be in conflict with the provided statements. Another requirement of HB 59 is that local governments must adopt the Property Rights Element prior to adoption of any other comprehensive plan amendments that have been initiated after July 1, 2021. As discussed at the July 15, 2021 Planning Board meeting, it is staff's contention that the City's proposed commercial corridor plan amendment was initiated prior to July 1, 2021 and should be allowed to be submitted to the Florida Department of Economic Opportunity (DEO) (state land planning agency) prior to the adoption of the Property Rights Element. City staff corresponded with DEO staff and provided documentation to verify that advertised public workshops for the proposed commercial corridor plan amendment were held in April and May and that the City paid for public hearing advertisement of that amendment in June prior to the adoption of the legislation. Nevertheless, DEO staff has stated that they are not considering the amendment to be initiated prior to July 1St because a public hearing was not held in June. At the July public hearing for the proposed commercial corridor amendment, the Planning Board voted to continue the hearing of that amendment to the September meeting and directed staff to bring the Property Rights Element for a public hearing as soon as possible so that it could be adopted prior to, or concurrently with the adoption of the Commercial Corridor Amendment. Attached is a proposed Ordinance for adoption of the Property Rights Element. The language that is included in the proposed policies is the recommended statement of rights included in the legislation. The proposed Goal includes an excerpt of existing language from Florida Statute Section 163.3161(10), which is also referenced in HB 59, along with Florida Statute Section 187.101(3). The full text of those statute sections is provided below. The full, adopted text of HB 59 is also attached. If the Planning Board, acting as City's Local Planning Agency, agrees that the text changes in this proposed amendment are desirable and consistent with the City's Comprehensive Plan, we request that they recommend that the City Council transmit this amendment to DEO. The Board may also consider adopting alternative language for the Property Rights Element, as long as it does not conflict with the statement of rights provided in the statute. If the City Council also agrees that this proposed amendment is desirable and consistent with the City's Comprehensive Plan, then they may vote to transmit to DEO. Once the state and various agencies (FDOT, FDEP, SFWMD, etc.) have had 30 days to review the amendment, if there are ��rovicii�� F�annin6 anc� niana�enic:nt so�titions �or �aca� ��v�.rnments 1 �77 �ac�Cson,�treet, �juit�e 20L; �ort Myers. ��_ 3'J��1 ?'J �-��9�-�3�b www.�arue��annin�.com no objections, then the City Council may adopt the amendment at a final public hearing. Florida Statute Section 163.3161(10) It is the intent of the Legislature that all governmental entities in this state recognize and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and amendments thereto, and programs adopted under the authority of this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f). Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must ultimately be determined in a judicial action. Florida Statute Section 187.101(3) The goals and policies contained in the State Comprehensive Plan shall be reasonably applied where they are economically and environmentally feasible, not contrary to the public interest, and consistent with the protection of private property rights. The plan shall be construed and applied as a whole, and no specific goal or policy in the plan shall be construed or applied in isolation from the other goals and policies in the plan. LaRue p l�r�n �ng ORDINANCE NO AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY'S COMPREHENSIVE PLAN; ADDING A PROPERTY RIGHTS ELEMENT, INCLUDING A GOAL, OBJECTIVE AND POLICIES, INCLUDING STATEMENTS OF PROPERTY RIGHTS AS PROVIDED IN FLORIDA STATUTE 163.3177(6), AS REQUIRED BY RECENTLY ADOPTED FLORIDA HOUSE BILL 59; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Of Okeechobee recognizes the need to plan for orderly growth and development; and the State Legislature passed the Community Planning Act requiring all local governments to prepare and adopt a Comprehensive Plan; and WHEREAS, Chapter 163, Florida Statutes, authorizes amendments to Adopted Comprehensive Plans under the Expedited Review Process; and ��,ic; � WHEREAS, The City recognizes the adoption of House Bill 59 requires adoption of a Property Rights Element into the City's Comprehensive Plan; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed and discussed proposed Comprehensive Plan Amendment No 21-002-CPA at a duly advertised public hearing on August 19, 2021, determined such request to be consistent with the City's Comprehensive Plan and recommends the City Council transmit the proposed amendment to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and finds that Comprehensive Plan Amendment 21-002-CPA complies with the requirements of Florida Statute 163, Part II, and that the proposed application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as a"City of Okeechobee Comprehensive Plan Amendment," pursuant to F.S. 163.3184, regarding Application No. 21-002-CPA and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3184, Florida Statutes. SECTION 3: REVISIONS TO THE COMPREHENSIVE PLAN. The City Council for the City of Okeechobee, Florida amends herein the Comprehensive Plan by adding a Property Rights Element to read as follows: Propertv Riqhts Element Goals, Obiectives and Policies Goal: The Citv shall recoqnize and respect all judiciallv acknowledqed or constitutionallv protected private propertv riqhts• Objective 1: Private propertv rights shall be considered in the Citv's decision makinq. Policv 1.1: Propertv owners shall have the riqht to phvsicallv possess and control their interests in the property including easements leases, or mineral riqhts. Policv 1.2: Property owners shall have the riqht to use maintain develop, and improve their aropertv for personal use or for the ordinances. rson. s Policv 1.3: Propertv owners shall have the riqht to privacv and to exclude others from the property to protect their possessions and property_ Policv 1.4: Propertv owners shall have the riqht to dispose of their propertv throuqh sale or qift. SECTION 3: INCLUSION OF ORDINANCE AND REVISED COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida that the provisions of this Ordinance, and the revisions to the Comprehensive Plan which are incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. INTRODUCED for first reading of the ordinance for transmittal to the State Land Planning Agency at a public hearing this day of 2021, pursuant to F.S. 163.3184. PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2021, pursuant to F.S. 163.3184. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/CS/CS/H659, Engrossed 1 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2021 Legislature An act relating to growth management; amending s. 163.3167, F.S.; specifying requirements for certain comprehensive plans effective, rather than adopted, after a specified date and for associated land development regulations; amending s. 163.3177, F.S.; requiring local governments to include a property rights element in their comprehensive plans; providing a statement of rights which a local government may use; requiring a local government to adopt a property rights element by the earlier of its adoption of its next proposed plan amendment initiated after a certain date or the next scheduled evaluation and appraisal of its comprehensive plan; prohibiting a local government's property rights element from conflicting with the statement of rights contained in the act; amending s. 163.3237, F.S.; providing that the consent of certain property owners is not required for development agreement changes under certain circumstances; providing an exception; amending s. 337.25, F.S.; requiring the Department of Transportation to afford a right of first refusal to certain individuals under specified circumstances; providing requirements and procedures for the right of first refusal; amending s. 380.06, F.S.; authorizing Page 1 of 8 CODING: Words �� are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2E 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ENROLLED CS/CS/CS/H659, Engrossed 1 2021 Legisiature certain developments of regional impact agreements to be amended under certain circumstances; providing retroactive applicability; providing a declaration of important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 163.3167, Florida Statutes, is amended to read: 163.3167 Scope of act.— (3) A municipality established after the effective date of this act shall, within 1 year after incorporation, establish a local planning agency, pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of the type and in the manner set out in this act within 3 years after the date of such incorporation. A county comprehensive plan is controlling until the municipality adopts a comprehensive plan in accordance with this act. A comprehensive plan for a newly incorporated municipality which becomes effective a-d�e�te� after January 1, 2016 ��, and all land development regulations adopted to implement the comprehensive plan must incorporate each development order existing before the comprehensive plan's effective date, may not impair the completion of a development in accordance with such existing development order, and must vest the density and intensity approved by such development order existing on the Page2of8 CODING: Words �� are deletions; words underlined are additions. hb0059-05-er 1 ■ F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 ENROLLED CS/CS/CS/HB59, Engrossed 1 2021 Legislature effective date of the comprehensive plan without limitation or modification. Section 2. Paragraph (i) is added to subsection (6) of section 163.3177, Florida Statutes, to read: 163.3177 Required and optional elements of comprehensive plan; studies and surveys.— (6) In addition to the requirements of subsections (1)- (5), the comprehensive plan shall include the following elements: (i)l. In accordance with the legislative intent expressed i _'`. in'�.,ss.y 163.3161(10) and 187.101(3) that governmental entities respect judicially acknowled ed and constitutionally rotected private property rights, each local government shall include in its comprehensive plan a property ri hts element to ensure that private property rights are considered in local decisionmakin . A local government may adopt its own property rights element or use the followina statement of riahts: The following rights shall be considered in local decisionmakina: 1. The right of a property owner to ph sically possess and control his or her interests in the property, including easements, leases, or mineral rights. Page3of8 CODING: Words �e� are deletions; words underiined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 ENROLLED CS/CS/CS/HB59, Engrossed 1 2021 Legislature 2. The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. 3. The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property. 4. The right of a property owner to dis ose of his or her property through sale or ift. 2. Each local government must adopt a roperty ri hts element in its comprehensive plan by the earlier of the date of its adoption of its next roposed plan amendment that is initiated after July 1, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive lan ursuant to s. 163.3191. If a local government adopts its own property rights element, the element may not conflict with the statement of rights provided in subparagraph 1. Section 3. Section 163.3237, Florida Statutes, is amended to read: 163.3237 Amendment or cancellation of a development agreement.—A development agreement may be amended or canceled by Page4of8 CODING: Words �e� are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116� 117 118 119 120 121 122 123 124 125 ENROLLED CS/CS/CS/H659, Engrossed 1 2021 Legislature mutual consent of the parties to the agreement or by their successors in interest. A party or its designated successor in interest to a development agreement and a local overnment may amend or cancel a development agreement without securing the consent of other parcel owners whose property was originally subject to the development agreement, unless the amendment or cancellation directly modifies the allowable uses or entitlements of such owners' property. Section 4. Subsection (4) of section 337.25, Florida Statutes, is amended to read: 337.25 Acquisition, lease, and disposal of real and personal property.— (4) The department may convey, in the name of the state, any land, building, or other property, real or personal, which was acquired under subsection (1) and which the department has determined is not needed for the construction, operation, and maintenance of a transportation facility. When such a determination has been made, property may be disposed of through negotiations, sealed competitive bids, auctions, or any other means the department deems to be in its best interest, with due advertisement for property valued by the department at greater than $10,000. A sale may not occur at a price less than the department's current estimate of value, except as provided in paragraphs (a)-(d). The department may afford a right of first refusal to the local government or other political subdivision Page5of8 CODING: Words �� are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature in the jurisdiction in which the parcel is situated, except in a conveyance transacted under paragraph (a), paragraph (c), or paragraph (e). Notwithstanding any provision of this section to the contrary, before any conveyance under this subsection may be made, except a conveyance under paragraph (a) or paragraph (c), the department shall first afford a ri ht of first refusal to the previous property owner for the department's current estimate of value of the property. The ri ht of first refusal must be made in writin and sent to the revious owner via certified mail or hand delivery, effective upon receipt. The right of first refusal must provide the previous owner with a minimum of 30 days to exercise the right in writin and must be sent to the originator of the offer by certified mail or hand delivery, effective upon dispatch. If the previous owner exercises his or her right of first refusal, the previous owner has a minimum of 90 days to close on the property. The right of first refusal set forth in this subsection may not be rectuired for the disposal of property acquired more than 10 years before the date of disposition by the department. (a) If the property has been donated to the state for transportation purposes and a transportation facility has not been constructed for at least 5 years, plans have not been prepared for the construction of such facility, and the property is not located in a transportation corridor, the governmental entity may authorize reconveyance of the donated property for no Page 6 of 8 CODING: Words �� are deletions; words unclerlined are additions. hb0059-05-er F L O R I D A H O U S E O F 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 ENROLLED CS/CS/CS/HB 59, Engrossed 1 2021 Legislature consideration to the original donor or the donor's heirs, successors, assigns, or representatives. (b) If the property is to be used for a public purpose, the property may be conveyed without consideration to a governmental entity. (c) If the property was originally acquired specifically to provide replacement housing for persons displaced by transportation projects, the department may negotiate for the sale of such property as replacement housing. As compensation, the state shall receive at least its investment in such property or the department's current estimate of value, whichever is lower. It is expressly intended that this benefit be extended only to persons actually displaced by the project. Dispositions to any other person must be for at least the department's current estimate of value. (d) If the department determines that the property requires significant costs to be incurred or that continued ownership of the property exposes the department to significant liability risks, the department may use the projected maintenance costs over the next 10 years to offset the property's value in establishing a value for disposal of the property, even if that value is zero. (e) If, at the discretion of the department, a sale to a person other than an abutting property owner would be inequitable, the property may be sold to the abutting owner for Page 7 of 8 CODING: Words �e+� are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb0059-05-er F L O R I D A H O U S E O F 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 ENROLLED CS/CS/CS/HB59, Engrossed 1 2021 Legislature the department's current estimate of value. Section 5. Paragraph (d) of subsection (4) of section 380.06, Florida Statutes, is amended to read: 380.06 Developments of regional impact.— (4) LOCAL GOVERNMENT DEVELOPMENT ORDER.— (d) Any agreement entered into by the state land planning agency, the developer, and the local government with respect to an approved development of regional impact previously classified as essentially built out, or any other official determination that an approved development of regional impact is essentially built out, remains valid unless it expired on or before April 6, 2018, and may be amended ursuant to the rocesses ado ted by the local government for amending development orders. Any such agreement or amendment may authorize the develo er to exchan e approved land uses, subject to demonstrating that the exchange will not increase impacts to public facilities. This paragraph applies to all such agreements and amendments effective on or after April 6, 2018. Section 6. The Legislature finds and declares that this act fulfills an important state interest. Section 7. This act shall take effect July l, 2021. Page 8 of 8 CODING: Words �i�e� are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb0059-05-er