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2022-06-16 Handwritten MinutesCITY OF OKEECHOBEE, FLORIDA JUNE 169 2022, PLANNING BOARD MEETING 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, June 16, 2022, at cU:J; P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE PRESENT ABSEN- Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman_ Board Member Karyne Brass Board Member Rick Chartier r/ Board Member Mac Jonassaint Alternate Board Member David McAuley. —�— Alternate Board Member Jim Shaw i'Ylo✓trd :%' ya pose-h6n City Attorney Gloria Velazquez City Administrator Gary Ritter City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were Oua . V i e-L ckp,U B. Motion by Board Member PJ1Ct1S , seconded by Board -Member to approve the agenda as presented. Chairperson Hoover /, Vice Chairperson McCoy , Board Members Etaughman , Brass , Chartier, Jonassaint , Motion Carried/Denied. lYlcy --k- C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were "Ut- IV. MINUTES A. Motion b Board Member 9�j y ,seconded by dispense with the reading and approve the May 19, 2022, Board Member Regular Meeting minutes. to Chairperson Hoover ✓ , Vice Chairperson McCoy ,Board Members Baughman , Brass , Chartier ��rjonassaint , Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT V 03 P.M. A. Consider Land Development Regulations (LDR) Text Amendment No. 22-002-TA, which proposes to amend items 19 and 22 of Appendix C, Schedule of LDR Fees and Charges. 1. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc briefly reviewed the Planning Staff Report. Currently City staff has -identified fta-t the QAObjk� City's current fee for Joinder Applications is not warranted. Applications for Joinders or parcels or lots typically require substantially less technical review and are typically fb associated with lower chances of negative zoning effects than a subdivision plat review Pul t i0D or a de minimis subdivision. Thus, the associated fees should appropriately reflect the level of staff investment and staff is recommending that the City reduce the application fee for a Joinder Application from $500.00 to $100.00. Doing so will also provide a financial incentive for prospective applicants to abide by the City's established application process for Joinders. If approved, staff will also update the Joinder Application accordingly. 2. No public comments were offered. P. Burnette Handwritten Minutes, June 16, 2022, Page 1 of 8 V. PUBLIC HEARING ITEM A CONTINUED 3. No Fx-Parte disclosures were offered. 4. Motion by Board Member 3C11A, rA, ',1 seconded by Board Member _ Brass to recommend to the City Council approval of Text Amendment No. 22-002-TA, which proposes to amend items 19 and 22 of Appendix C, Schedule of LDR Fees and Charges as follows: 19. a) Applications for Joinder reduced from $500 to $100. b) Applications for DeMinimis Subdivision $500 [no change in fee amount]. c) Applications for Platted Parcel Split $500 plus $25 per acre [no change in fee amount, moved item 22 here]. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for July 5, 2022, and August 2, 2022. Chairperson Hoover , Vice Chairperson McCoy Board Members Baughman , Brass , Chartier'�Jonassaint n7 Motion Carried/Denied. B. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 22-004-SSA, to reclassify from Multi -Family (MF) Residential to Commercial on 4.21± acres, located in 1000 block of the East side of South Parrott Avenue. 1. City Planning Consultant Smith briefly reviewed the Planning Staff Report. The Applicant has also submitted a concurrent request to rezone they property from Residential Single Family -One (RSF1) to Heavy Commercial (CHV). The Applicant's goal if approval is granted is to develop a new commercial business. b u Jh rnce� C),a-0 -M tGs . i'l a�b►� U.Su.u.�-�-j does n � a-s s ey n -h c I l •ire c a , PlIr (�. f'o►� POCC l to P. Burnette Handwritten Minutes, June 16, 2022, Page 2 of 8 V. PUBLIC HEARING ITEM B CONTINUED 2. Mr. Steven Dobbs, Consultant for Property Owner Ms. Anita Nunez, Registered Agent of Anita's Rental Properties, Inc. was present and available for questions. 016q kiC: pAl llt,4, 3. 4. d0 1a-as/7 There were There were nVJ -- is comments offered. Ex-Parte disclosures offered by the Board. P. Burnette Handwritten Minutes, June 16, 2022, Page 3 of 8 V. PUBLIC HEARING ITEM B CONTINUED 5. Planning Staff Findings are as follows: This application qualifies under Chapter 163, Florida Statutes, as a Small -Scale Amendment to the Comprehensive Plan. The MF Residential FLU allows apartments, duplexes, condominiums, and public facilities, limited agriculture and compatible accessory uses. Additionally, all permitted uses within the Single -Family Residential FLU category are allowed. The maximum standard density within the Multi -Family Residential FLU is 10 dwelling units per acre. The subject parcel is 2.41 acres, which includes 2.01 acres of upland and 0.40 acres of wetlands, as identified on the provided survey. The 2.41 acres has a multifamily density potential of 24 multifamily dwelling units. The Applicant has not identified any specific plans for this project at this time. However, if this map change is approved, the property may be developed according to standards of the Comprehensive Plan and the Land Development Code, specifically those that pertain to the commercial districts and commercial uses. While the Commercial FLU 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%, a maximum building height of 45 feet (without a special use exception), and a maximum impervious surface coverage of 85%. Based on 50% building coverage and a potential building height of four stories, a FAR of 2.0 is the theoretical maximum development potential on the 2.41 acres for a total potential floor area of approximately 210,000 square feet. However, it is not typical to exceed two stories in the City, especially considering the parking and landscaping standards that will need to be met. Two story development with 50% building coverage on 2.41 acres would produce 105,000 square feet of floor area. Regarding consistency and compatibility with comprehensive plan and adjacent uses the subject property is located with frontage on US-441, which is generally recognized as one of the City's main commercial corridors. Staff agrees that the Applicant's request is consistent and compatible with the surrounding area and with the pattern of existing uses along US-441. 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 shall discourage urban sprawl. As stated above, allowing commercial land use designations at this property is consistent with the pattern of land uses, consistent with the City's Comprehensive Plan and should not cause any disturbance to adjacent land uses. Regarding traffic impacts, the Applicant provided a Traffic Impact Study (TIS) which was completed by MacKenzie Engineering & Planning, Inc. All calculations and references are included as they appear on the TIS. The existing FLU net external trip generation is 229 daily, 30 AM peak hour (7 in/23 out), and the expected net driveway trip generation is 31 PM peak hour (20 in/11 out) trips. The proposed FLU net external trip general is 7,040 daily, 160 AM peak hour (99 in/61 out), and 554 PM peak hour (266 in/288 out) trips. The TIS indicates that the FLU amendment will result in a potential trip generation change of 6,841 daily, 130 AM peak hour (92 in/38 out), and 523 PM peak hour (246 in/277 out) trips. Staff agrees with this analysis that US-441 and SR-70 have adequate service capacity to support the traffic volume that the proposed amendment could create. Regarding demand for potable water and sewer treatment the Applicant provided potable water and sanitary sewer demand calculations for the requested FLUM Amendment which do not support the statement that potential water and sewer service demands will decrease. FLU Policy 1.1 contains adopted level of service standards for potable water at 114 gallons per capita per day and wastewater at 130 gallons per capita per day. For purposes of estimating water and wastewater demand for commercial uses, the City recommends 0.15 gallons per day per square foot of floor area. The following calculations are based on these standards, the above stated maximum development potential, and the US Census Bureau's Latest estimated average number of persons per household for the City. Current Potable Water Potential Demand- 24 dwelling units X 2.84 persons per household X 114 gal/person/day = 7,770 gallons per day. Proposed Potable Water Potential Demand- '105,000 square feet X 0.15 gal/sf/day = 15,750 gallons per day. Current Wastewater Potential Demand- 24 dwelling units X 2.84 persons per household X 130 gal/person/day = 8,860 gallons per day. Proposed Wastewater Potential Demand- 105,00 square feet X 0.15 gal/sf/day = 15,750 gallons per day. The increase in potential demand is 7,980 gallons of potable water per day and 6,890 gallons of wastewater per clay. The P. Burnette Handwritten Minutes, June 16, 2022, Page 4 of 8 V. PUBLIC HEARING ITEM B CONTINUED Applicant has also provided letter of service availability from the Okeechobee Utility Authority which states that adequate capacity is available to serve the potential increase in service demands. Regarding demand for solid Waste Disposal, the application submittal includes a letter from Waste Management. However, the letter does not provide any information regarding the available capacity of -the existing solid waste facilities or the expected demand that will result from the proposed map amendment. Regarding schools, the Applicant is proposing commercial uses on the subject parcel and, therefore, staff agrees that no school capacity demands exist. Commercial development should not increase demand for parks and recreation facilities. The provided survey identifies 0.40 acres of wetlands. In addition, the Applicant stated that a biologist previously identified 0.95 acres of wetlands located or, the parcel. Two soil types are present on the subject property: Immokalee Fine Sand, 0 to 2 percent slopes, and Floridana, Riviera, and Placid soils, depressional. The Applicant claims that there is no unique habitat or endangered species on the subject parcel, though there is no environmental analysis provided to substantiate this claim, A portion of the Southern side of the subject property falls within Zone X, which is an area of minimal flood hazard. There are no wellfields within 1,000 feet of the parcel. Based on the materials provided by the Applicant and the above analysis, we find that this request to change the FLU designation from MF Residential to Commercial is consistent with the City's Comprehensive Plan, reasonably compatihde with adjacent uses, and is consistent with the surrounding pattern of land use, Therefore, we recommend approval of the Applicant's request. Motion by Board Member seconded by Board Member ,)�(0,Axi4. to recommend aA to the City Council for Comprehensive Plan Small Scale FLUM Application No. 22-004-SSA, as presented in [Exhibit 2, 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.] The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for July 19, 2022, Motion Carried Chairperson Hoover. , Vice Chairperson McCoy , Board Members Baughman , Brass Chartier - Jonassaint & Motion Carried/Denied. P. Burnette Handwritten Minutes, June 16, 2022, Page 5 of 8 (� ��� QUASI-JUDICIAL ITEM 1,00 C. Rezoning Petition No. 22-004-R from RSF1 to CHV on 4.21± acres, located in 1000 block of the East side of South Parrott Avenue. The proposed use is to develop a new commercial business. 1. Notary Public Patty Burnette administered an oath to: 2. City Planning Consultant Smith reviewed the Planning S'lraff Report. The Applicant has submitted a concurrent request for a FLUM AmendmE)nt to change the property from MF Residential to Commercial. The Applicant is proposing to develop a new commercial business. 3. Mr. Steven Dobbs, Consultant for Property Owner Ms. Anita Nunez, Registered Agent of Anita's Rental Properties, Inc. was present and available for questions. 4. There were 1. I)o public comments offered. 5. There were Y1 &--, Ex-Parte disclosures offered by the Board. P. Burnette Handwritten Minutes, June 16, 2022, Page 6 of 8 Planning Staff's findings are as follows: The subject property is located within the Commercial Corridor along US-441. The requested CHV zoning designation is consistent with the abutting uses to the North, and adjacent uses to the West, which are also both zoned CHV. Though the subject property abuts a parcel zoned MF Residential to the South and Holding to the East, the prevailing land use of property with frontage on this segment of US-441 is Commercial. If the Applicant's concurrent comprehensive plan amendment request to change the FLU from NIF Residential to Commercial is approved, then staff finds that the requested zoning designation will be consistent with the Comprehensive Plan. The proposed use is authorized under the CHV Zoning District. The proposed use will not have an adverse effect on the public interest as the proposed zoning change from RSF1 to CHV would allow for uses that are more consistent with the predominant commercial land use pattern found along US-441 and for the development of additional consumer options. The proposed use is reasonably compatible with adjacent land uses and is not contrary to urbanizing land use patterns. The subject property is large enough that adequate space for any required buffers is available. Once a site plan is proposed, it will be reviewed by staff and the City's Technical Review Committee for compliance with all applicable landscaping and buffering requirements. The proposed commercial usage will not affect density patterns and it is not expected that any commercial use of this property will overburden public facilities such as schools, streets, and utility services. The traffic statement provided by the Applicant indicates that with proposed use there is adequate roadway capacity to support the traffic volume that the proposed amendment could create. The proposed use has not been inordinately burdened by unnecessary restrictions. Based on the materials provided by the Applicant and the above analysis, if the City approves the associated comprehensive plan amendment request for Commercial FLU, we find that this request to rezone the subject parcel from RSF1 to CHV is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and is consistent with the surrounding pattern of land use. Therefore, we recommend approval of the Applicant's request. Motion by Board Member S , seconded by Board Member .BNqkMOA to recommend PPYP-'00- . to the City Council for Rezoning /�►� Petition 'No. 22-004-R, as presented in [Exhibit 3, which includes the findings as required for granting petitions per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval.] The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for July 19, 2022, and August 16, 2022. Motion Carried( Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Brass , Chartier Jonassaint NQWt , Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT LQ' 0,5 P.M. P. Burnette Handwritten Minutes, June 16, 2022, Page 7 of 8 VI. CITY ADMINISTRATOR UPDATE o abed whiA wwktct,5 Care- receweA �. bm p,)i - 6L- -"o Qeckd or a p poinkA- ry�,c,,r�,i�,+r. �� �°° t da �� �'vcmt- q i ✓ems. r =� n_.c.��� � VII. CHAIRPERSON HOOVER ADJOURNED THE MEETING AT %: 3 1 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, June 16, 2022, Page 8 of 8 Planning Board 22-004-R Meeting June 16, 2022 Name (Please Print) Address 1. 1O►abs Signature --------------------------------> X 2. Signature --------------------------------> X 3. Signature --------------------------------> X 4. Signature --- ----------------------------- > X 5. Signature --------------------------------> X 6. Signature --- ----------------------------- > X 7. Signature --------------------------------> 8. Signature --- ----------------------------- > 9. Signature --- ----------------------------- > 10. Signature -------------------------------->