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2021-12-07 Ex 03Exhibit 3 12/7/2021 �,aRUC • ,� � - � Staff Report To: Okeechobee City Council From: James G. LaRue, AICP Date: November 24, 2021 Subject: Ordinance No. 1235, Property Rights Element Comprehensive Plan Adoption The Ordinance before the Council is for the adoption of the City's Comprehensive Plan by adding a Property Rights Element, including a Goal, Objective, and Policies. The first submittal public hearing was held on the 27th of September and the amendments subsequently submitted to Department of Economic Opportunity (DEO) and the other appropriate agencies for their review. The results of the reviews from the Central Florida Regional Planning Council, South Florida Water Management District, Department of Transportation, and Department of Environmental Protection were favorable with DEO stating no comment on the amendment. We have included the review correspondence received from DEO and the agencies. Staff recommends the City proceed with adoption of the Comprehensive Plan without any changes. Providing Planning an� manatpement so�utions for �oca� �ovcrnments ' 375 Jac�cson �jtreet, 5uite 206 �ort (�/�yers, �L 33901 239-3 34-3366 �.Ia�,�Piannin�¢.com Ron DeSantis FLARIDA DEPARTMENT�' ECONOMIC GQPPORTUI�EfTY October 12, 2021 The Honorable Dowling R. Watford, Jr. Mayor, City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 Dear Mayor Watford: Dane Eagle The Department of Economic Opportunity ("Department") has re�iewed the proposed comprehensive plan amendment for the City of Okeechobee (Amendment No. 21-01ESR) received on October 6, 2021. The review was completed under the expedited state review process. We have no comment on the proposed amendment. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the City is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agenry comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. � The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effecti�e date is 31 days after the Department notifies the City that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department ar the Administration Commission. Florida Department of Economi�c Uppc+rtu�ity j Caldwell E�uilding �'107 L. �V9adison Street J"��Ifahassee, FL 32399 Y��b24•5.7105 �„�r�r,v,�,;�I�ri�:aJcak�s.cr<; � — -- -- _ >rr�nnnl.tvaitt�r.c�ri-�/F�t?F� j�n,�nnl+�.Facebaok.cornf(:-!_DEc:'� Ar� equa( opport�nity employer/�irog�a�. Auxil�ary aids a;�d service are available upon request tu individuals with disabilities. FlII �o6��e #�;le�hone rs�tmiaers on this document roiay be reached k;y �:;er�,ons usiny'I-lri'�T�11:7 e:�ui{�ment r!ia the Fiori�9a �elay Service ax 71 I. The Honorable Dowling R. Watford, Jr., Mayor October 12, 2021 Page 2 of 2 If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, by telephone at (850) 717-8510 or by email at scott.rogers@deo.myflorida.com. J DS/sr Enclosure(s): ProceduresforAdoption Sin rely, L . mes D. Stansbury, Chief ureau of Community Planning and Growth cc_ Ben Smith, Planning Consultant, LaRue Planning & Management Services, Inc. Patricia Steed, Executive Director, Central Florida Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" (h�*t s: lo�rfd�,is�bs.secure.f�rc�.�om/cp/) or submit three complete copies of all comprehensive plan materiafs, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMiTTAI LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected otFicial or the person designated by the local government. �,��, _.�,...� ___ _ _ _ _ _ _- _. .__ __ _ __-- ___.._ _- __ --- -- Revised: March 2�21 Page 1 ADQPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format� clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additionaf data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: "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 go�ernment that the plan amendment package is complete. If the amendment is 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." List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of �ndings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. "."�' -. � _ _-- __ Revise : March 2021 Page 2 SCILVWCJ I'fIfCOUNIII;5OI • Illtit?fc) • IiAROI.f: � IIIGIII,WI?� • lt�;llCtic)Itll s I'�>Ik � � �, --- - -- October 6, 2021 Mr. Ray Eubanks, Administrator Via E-mail Plan Review and Processing State of Florida Department of Economic Opportunity Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399-4120 RE: CFRPC Local Comprehensive Plan Amendment Review — Okeechobee 21-01 ESR Dear Mr. Eubanks, The Central Florida Regional Planning Council continues to review Comprehensive Plan Amendments. Upon conclusion of review, an Amendment Review Form is completed. Enclosed, please find the review form for the following Comprehensive Plan Amendment Package: • Okeechobee 21-01 ESR If you have any questions or concerns, please contact me at (863) 534-7130. Sincerely, `,��-, Stefanie von Paleske-Bush, AICP Senior Planner cc via email: Barbara Powell, Florida Department of Economic Opportunity Ben Smith, AICP LaRue Planning Jennifer Codo-Salisbury, AICP, CFRPC Jeff Schmucker, AICP CFRPC � � ,� � .. � , � . .. S55 P.nsrCiiur.cii ti�rlcGr�r. liniriu�v. PL 33830�39:31: P.O. Ik�x 20�39 13nlrrc>w. P1.3383I��2089 (8bt� S.t�1-713f1 • PnX �tibii ;i.{-71.+5 • l��ll FRl l 1800� 7`)7��{(,).!I • 1�A'I�IiSlll 11'le'l�'.CII:I'C.l�lil� FLORIDA REGIONAL COUNCILS ASSOCIATION LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM O1 Regional Planning Council: CFRPC Regional Planning Council Item #: Date Mailed to Local Okeechobee 21- Government and State 10/06/2021 Local Government Item #: O1 ESR D1o,�.,,;,,.T A ..o.�.... Pursuant to Section 1633184, Florida Statutes, Council review of proposed amendments to local government comprehensive plans is limited to adverse effects on regional resources and facilities identified in the strategic regional policy plan and extra jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. A written report containing an evaluation of these impacts, pursuant to Section 1633184, Florida Statutes, is to be provided to the local government and the state land planning agency within 30 calendar days of receipt of the amendment. The Central Florida Regional Planning Council prepared the Amendment. DESCRIPTION OF AMENDMENT Ordinance 1235 Add a Property Rights Element to the City's Comprehensive Plan as required by Florida Statutes. 1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN This amendment does not appear to pose any adverse effects to significant regional resources and facilities and appears to be in compliance with the Goals, Policies, and Strategies set forth in the SRPP. 2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION This amendment does not appear to pose any extra jurisdictional impacts with comprehensive plans of local governments within the region. Request a copy of the adopted version of the amendment? (Electronic copy only) Yes X No 07/ l l From: Gordon, Glennika <ggordon@sfwmd.gov> Sent: Friday, October 29, 20213:05 PM To: Ben Smith <ben@larueplanning.com> Cc: DCPexternalagencycomments <DCPexternalagencycomments@deo.myflorida.com>; justin.stiell@deo.myflorida.com; psteed@cfrpc.org Subject: City of Okeechobee, DEO #21-1ESR Comments on Proposed Comprehensive Plan Amendment Package Dear Mr. Smith, The South Florida Water Management Distrid (District) has completed its review of the proposed amendment package submitted by the City of Okeechobee (City). The package includes the Property Rights Element amendment to the Comprehensive Plan. There appear to be no regionally significant water resource issues; however, the District offers the following technical guidance regarding Regional Water Supply Planning: The City is required to revise its Water Supply Facilities Work Plan (Work Plan) within 18 months after approval of the Lower Kissimmee (LKB) Water Supply Plan Update by the District's Governing Board. The District's Governing Board approved the LKB Water Supply Plan Update on December 12, 2019. Therefore, the Cit�s Work Plan was to be adopted by June 12, 2021; however, the District has not received the updated Work Plan for review to date. The Work Plan must cover at least a 10-year planning period, include updated water demand projections, identify alternative and traditional water supply projects, and describe conservation and reuse activities needed to meet the projected future demands. Planning tools are available on the District's website for your use and District Staff are available to provide technical assistance to update the Work Plan, including reviewing draft Work Plans prior to formal plan amendment submittal. The planning tools are located at this link: https://www.sfwmd.�ov/doin�-business-with-us/work-pla ns. The District requests that the City forward a copy of the adopted amendments to the District at the following email mailbox address: SFLOCALGOVPLAN(c�sfwmd.�ov. Please contact me if you have any questions or need additional information. Sincerely, Ms.Glennika Gordon, Policy and Planning Analyst. South Florida Water Management District Water Supply Implementation Unit 3301 Gun Club Road West Palm Beach, FL 33406 Phone: 561-682-2544 Fax: 561-681-6264 E-Mail: ggordon@sfwmd.�ov From: Suguri, Vitor <Vitor.Su�uri@dot.state.fl.us> Sent: Wednesday, October 6, 20213:17 PM To: Ben Smith <ben@larueplannin�.com> Cc: 'DEO - CPA Comments (DCPexternala�encycomments@deo.myflorida.com)' <DCPexternala�encvcomments@deo.mvflorida.com>; Reina, Bessie <Bessie.Reina@dot.state.fl.us>; Engala, Todd <Todd.En�ala@dot.state.fl.us>; Babuji Ambikapathy <BAmbikapathy@VHB.com>; jzaballero@vhb.com Subject: Proposed CPA-21-01ESR / City of Okeechobee / FDOT Review Comments / 10-06-21 Mr. Smith, Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of Transportation (FDOT) reviewed the City of Okeechobee's Proposed Comprehensive Plan Amendment (CPA) package 21-01 ESR. The proposed amendment seeks to add a Private Property Rights Elements to the City of Okeechobee Comprehensive Plan, consistent with the Florida Statutes. FDOT Review Comment: FDOT determined the proposed amendment does not have significant adverse impacts to transportation resources or facilities of state importance, and it will not form a basis of challenge. FDOT appreciates your commitment to intergovernmental coordination and the opportunity to review and comment on the proposed amendment. Thank you, Vitor Suguri, Ph.D. Community Planner Florida Department of Transportation - District One 10041 Daniels Parkway Fort Myers, FL 33913 (239) 225-1959 - Desk (863) 221-1707 - Cell � gpFETy �Q q�Z � � A W m 2 0� y�� rioaioa FLHSMV .i jj F�m';� From: Plan_Review <PIan.Review@dep.state.fl.us> Sent: Monday, November 1, 2021 3:55 PM To: Ben Smith <ben@larueplanning.com>; dcpexternalagencycomments@deo.myflorida.com Cc: Plan_Review <PIan.Review@dep.state.fl.us> Subject: Okeechobee 21-01ESR Proposed To: Ben Smith, AICP, Planning Consultant Re: Okeechobee 21-01 ESR — Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to Plan.Review�FloridaDEP.�ov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at (850) 717-9037. ,� � . .�.�," -<:',�._,.: = i ;�,�,.�� �� ORDINANCE N0.1235 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 STATUTES 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 govemments 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 WHEREAS, the City recognizes the adoption of House Bill 59 requiring adoption of a Properry 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, and 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 No. 21-002-CPA complies with the requirements of Florida Statutes 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 Florida Statutes 163.3184, regarding Application No. 21-002-CPA and shall be effective within the corporate boundaries 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 iudiciallv acknowledqed or constitutionallv protected orivate aroqeitv riqhts. Obiective 1: Private oropertv riqhts shall be considered in the Ciiv's decision makinq Policv 1.1: Propertv owners shall have the riqht to nhvsicallv possess and control their interests in the propertv includinq easements leases or mineral riqhts Policv 1.2: Propertv owners shall have the ripht to use maintain develoa and imqrove their propertv for personal use or for the use of anv other person subiect to state law and local ordinances. Ordinance No.1235 - Page 1 of 2 Language �o be added is underlined. Language to be deleted is �a Policv 1 3� Property owners shall have the riqht to privacv and to exclude others from the propertv to qrotect their qossessions and property. Policv 1 4• Propertv owners shall have the riaht to dispose of their oropertv 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. 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 is 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 Stale Land Planning Agency at a public hearing this 27�h day of Seatember 2021, pursuant to Florida Statutes 163.3184. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 7w day of December 2021, pursuant to Florida Statutes 163.3184. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No.1235 - Page 2 of 2 Language lo be added is undedined. Language lo be deleted is stwsk�lMeu§H. I il � --r • s � � �� -- �. 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 1S' 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 �rovid�ng Plannin� and management so�utions �or �oca� �overnments 13%5 ,)ac�cson Street, Suite 206 �ort Myers, �L 3390 � 239-33`F'-3366 www.�arueP�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 (fl. 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. � aR�� 2 ptanni:n;g hW�4�.0:'oKEEcy , �°m CITY OF OKEECHOBEE, FLORIDA � � PLANNING BOARD MEETING o �_�� Au�usT 19, 2021 SUMMARY OF BOARD ACTION 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. 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 13ih 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 ConsultanYs 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. 7. 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. DRAFf August 19, 2021, Planning Board Meeting Page 1 of 2 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 ConsultanYs 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: 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 o�cial records. DRAFT August 19, 2021, Planning Board Meeting Page 2 of 2 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/HB 59, Engrossed 1 1 2 3 4 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 �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 26 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/HB 59, Engrossed 1 2021 Legislature 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 �s�e� after January 1, 2016 �9�, 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 Page 2 of 8 CODING: Words s�k�+� 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 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/HB 59, 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 in ss. 163.3161(10) and 187.101(3) that governmental entities respect judicially acknowledged and constitutionally protected private property rights, each local government shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decisionmaking. A local government may adopt its own property rights element or use the followinq statement of riahts: The following rights shall be considered in local decisionmaking: 1. The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights. Page 3 of 8 CODING: Words s#�ieker� 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 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/HB 59, Engrossed 1 2021 Legislature 2. The right of a property owner to use, maintain, develop, and improve his or her ro erty 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 dispose of his or her property through sale or gift. 2. Each local government must adopt a property rights element in its comprehensive plan by the earlier of the date of its adoption of its next proposed plan amendment that is initiated after July l, 2021, or the date of the next scheduled evaluation and appraisal of its comprehensive plan pursuant to s. 163.3191. If a local overnment ado ts 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 Page 4 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 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/HB 59, 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 ma amend or cancel a development agreement without securing the consent of other parcel owners whose pro erty was ori inally 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 Page 5 of 8 CODING: Words �ieke►� are deletions; words underlined are additions. hb0059-05-er F L O R I D A H O U S E O F 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 rovision of this section to the contrary, before any conveyance under this subsection may be made, except a conveyance under para ra h(a) or ara raph (c), the department shall first afford a right 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 writing and sent to the previous 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 writing 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 required for the disposal of property acquired more than 10 years before the date of dis osition b 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 �er� 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 R E P R E S E N T A T I V E S 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 �r� are deletions; words underlined are additions. 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/HB 59, 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 pursuant to the processes adopted by the local government for amending development orders. Any such agreement or amendment may authorize the developer to exchange approved land uses, subject to demonstrating that the exchange will not increase impacts to public facilities This para raph 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 1, 2021. Page 8 of 8 CODING: Words �i� are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb0059-05-er � NE SMEDIA INC. USA ��. ,_ -.z::� �:; �' 9 �s �� i V� U�i•� 1 2. 7. 2 I Lake Okeechobee News .�i��in��'• F�• 107 SW 17th Street, Suite D�- X� 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 County, Flor�da, that the attached copy of an advertisement being a �����:� {�(�' I�d e�:"5'�� i C` {' in the matter of �� C`' .�� i L° �' �`�'�R�r��� a r-�l.�f � �';'s ���, in the 19th Judic�al District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ;� � � � ��s:� � 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. . c. � . �. .. �. ., � , , ,�, .� Katrina Elsken Muros Sworn to and subscribed before me by means of �p�iysical presence or _ online notarization, this (��.`. l day of �� �lt ! ° E' � s' J �. as-: ,,, ��., _� � AD Notary Public, State of Florida at Large 4 ' ._, " � . r � � i 3 � ��� '" 1 � � I '� i' R i l '.�: iJi�!.t;i'. 1..9�i�J .,� - ��: ; � I '��L� � ''� ' n, i 1,�Lrul� ����.('.I �i �.��,:i t� .r, _ � , ,- - . _. .. . __ - _ _ cn,roFo��E vus�c riorlcE OOMPREHEKAVE PLAN QUWGE PROP06ED C[TY ORDINANCE NOTI� LSHEREBY QVFN tl�a[the IXyCaind oftheQy ofqceadiollx�e wnl mnduda Pubf[ Fla3mg on Demnber7, 2021, 6 PM, ora;soon tlterealter p �ble, at Qy Flall, 55 SE 3rd AVE, qceartnbee, R. h� mtt5id�' P�I re3drx� fixadoption, fhe folavin9 Qdnanoe ir� law (Na 1235): .. 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