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2009-03-03CITY OF OKEECHOBEE MARCH 3, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor. March 3, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Chaplain Wendy Schaffer, Hospice of Okeechobee; Pledge of Allegiance led by the Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Mirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowding R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Molise Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 17, 2009 City Council Regular Meeting. PAeE 1 of 5 Mayor IGrk called the March 3, 2009 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by the Hospice of Okeechobee Chaplain Wendy Schaffer, The Pledge of Allegiance was led by Mayor IGrk. City Clerk GambWa called the roll: Present Present Present Present Present Present Present Present Absent Present Present Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the _ February 17, 2009 City Council Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MAM M - YEA O'CONNOR - YEA WATFORD - YEA VkU Ms - YEA MOTION CARRIED. 261 z 6 ?_ MARCH 3, 2009 - REGmAR MEETw - PALE 2 OF 5 V. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2009 Warrant Register. Council Member Watford moved to approve the January 2009 Warrant Register, in the amounts: General Fund, five hundred fifty-six thousand, eighty dollars and forty-six cents ($556,080.46); Public Facilities Improvement Fund, fifty - General Fund ................................ $556;080.46 five thousand, one hundred twenty-one dollars and ninety-eight cents ($55,121.98); and Capital Improvements Public Facilities Improvement Fund ................ $55,121.98 Projects fund, seventy-nine dollars ($79.00); seconded by Council Member Markham. There was no discussion on Capital improvements Projects Fund .................. $79.00 this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WtLIJAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. I MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:04 P.M. A.1. a) Motion to read by title only proposed Ordinance No.1041 regarding Council Member Watford moved to read by title only, proposed Ordinance No.1041 regarding the Capital Improvement the Capital Improvement Element (CIE) of the City of Okeechobee Element (CIE) of the City of Okeechobee Comprehensive Plan; seconded by Council Member Williams. Comprehensive Plan - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE - KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1041 by title only. Attorney Cook read proposed Ordinance No. 1041 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDAAMEND/NGTHECITYOFOKEECHOSEECOMPREHENSIVEPL"ORDINANCENO. 635AS AMENDED, BYAMENDING THE CAPITAL IMPROVEMENTS ELEMENT AND THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULEAS HANDATED BYFLORIDA STATUTES SECTION 163.3177(3j(b)1; PROVIDING FOR TRANSM17 TAL TO THE STATE LAND PLANNING AGENCY, PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE " 2. a) Motion to adopt Ordinance No.1041. Council Member Markham moved to adopt proposed Ordinance No.1041; seconded by Council Member Williams. KwN 3, 2009 - RmLm IiIIEE m - PAw 3 of 5 263 1 A. 2. b) Public comments and discussion. c) Vote on motion. City Planning Consultant, Bill Brisson presented the Comprehensive Plan Capital Improvement Element (CIE) Amendment and explained the main purpose of the StaWs requirement Io adopt a revised CIE is to ensure that each community continues to maintain its adopted levels of service for the various public facilities and services and that the City's Comp Plan is financially feasible. The updates in this amendment include a statement of the City's adopted level of service standards. Revised population projections. An assessment as to whether or not there is adequate vacant land to accommodate projected growth. Analysis of the adequacy of public facilities to maintain the adopted levels of service standards for potable water, sanitary sewer, solid waste, transportation, drainage, and rec reatiorVopen space. And of course the five-year schedule, that is required to include any capital facilities improvements that are necessitated by deficiencies in meeting the City's adopted level of service standards or by Comp Plan GOP's (goals, objectives and policies). The analysis contained in the CIE update show that there are no deficiencies with regard to levels of service for which the City bears fiscal responsibly. Similarly, there are no GOP's that call for specific capita improvements over the next five years. However, the City is including in its five-year schedule can transportation and drainage improvements which, while not required to meet level of service standards, do support the Comp Plan GOP's for Fiscal Years 2008-09 through 2013-14. The schedule shows that there are sufficient funds anticipated from the various fuel tax sources during this period to accommodate the projects contained in the schedule. The final item addressed in the CIE is the updated School Board Capacity Project Schedule as required in association with the Public School Facilities Element. As a new requirement, these CIE updates must be amended once a year, by December V of each year. I : 1 1 M"diml-L I • i�l li �li '.� 11 .�il !1.1 .1._ 1 L .'.7�� . i,. :� t' 7 !L 1� 1 11_: 1 ._:11 •� �. 1 �. �.a'_..' Mayor Kirk asked whether there were any comments or questions from the public? There were race. VOTE KRK - YEA MARKH ar - YEA O'Coaaoa- YEA WATFM-YEA WILUM a -YE► Marrorlr CARM. B.1. a) Motion to read by title only proposed Ordinance No.1042 regarding Council Member Watford moved to read by title only, proposed Ordinance No.1042 regarding Comprehensive Plan Comprehensive Plan Future Land Use Map Application No. 08.007- Future Land Use Map Application No. 08-007-SSA, submitted by Muhammad Nooruddin on behalf of property owner, SSA, submitted by Muhammad Nooruddin on behalf of property A.M.S.A., LLC; seconded by Council Member Williams. owner, A.M.S.A., LLC - City Planning Consultant (Exhibit 2). 264 MWH 3, 2009 - RE=m MaErm - PACE 4 of 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1042 by tits only. 2. a) Motion to adopt Ordinance No.1042. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. - -- VOTE -- K= - YEA NWW M - YEA O'CONWR - YEA WATRM - YEA WILUAM -YEA MonoN Cam. Attorney Cook read proposed Ordinance No. 1042 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE; FLORIDA RESCINDING ORDINANCE NO 1038 AS ADOPTED JANUARY 6, 2009, FOR THE PURPOSE OF COORDINATING THE ACTION TAKEN ON THIS ORDINANCE WTH ORDINANCE NO. 1041, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY'S COMPREHENSIVE PLAN; RE- ADOPTING AND APPROVING SMALL SCALE FUTURE LAND USE MAP AMENDMENT 08-007--SSA BY AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE RITURELAND USE MAP ONA CERTAIN TRACTOFLANDMORE PARTICULARLYDESCRIBED HEREINFROMAH/LTI-FAMILYTOCOAWRC/AL; PROWDINGFORINCLUSIONOFORDINANCEANDREVISED RITURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE" Council Member Markham moved to adopt proposed Ordinance No.1042; seconded by Council Member Williams. Mr. Brisson addressed the Council to explain why Ordinance No.1038 had to be rescinded and re -adopted. As part of the requirement to update the CIE, the State has implemented a policy that unless the local government has adopted and submitted their CIE update, no plan amendments will be accepted. VOTE KRK-YEA MARKHM -YEA O'COWM-YEA WATRM - YEA► WILLIAMS - YEA MOnON CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:19 P.M. A. Motion to approve an agreement submitted by LaRue Planning & Council Member Watford moved to approve the agreement submitted by LaRue Planning & Management Services, Management Services, Inc. for professional services for preparation Inc. for professional services for preparation of the Comprehensive Plan 2011 Evaluation and Appraisal Report (EAR); of the City of Okeechobee's Evaluation and Appraisal Report (EAR) seconded by Council Member Markham. - City Administrator,(ExhH* 3). El MAr m 3, 2009 - REwm MEEm - PAGE 5 of 5 2651- 1 VIII. NEW BUSINESS CONTINUED. A. Motion to approve an agreement submitted by LaRue Planning & Management Services, Inc. for professional services for preparation of the City of Okeec hobee's Evaluation and Appraisal Report (EAR) continued. DL ADJOURN MEETING - Mayor. Please take nobce and be advised that when a pamon decides to appeal any decabn made by the Clly council wbh respect to any master corhsldwwl at bhls meeting, hW* may need to m m brat a wbaft record of the proceeding is made, which record mdudes bre testimony and evidence upon which the appeal Is to be barred. Cky aw* media are for the sole puvpose of badarp for official records ofb►e Gwk. James E. Kato, Mayor ATTEST: R i Lane ; C, sty Cleric The agreement was not a budgeted item and Council discussed the funding availability. Administrator Whitehall and Mr. Brisson explained how this is a 12 to 18 month process and witi expand two fiscal years. Due to the amount of interest in creating a commercial overlay, it would be beneficial and more cost effective to proceed with that project - in conjunction with the EAR. This is Mr. Whitehall's first experience with an EAR, he knew the matter was coming, he. did not realize the amount of time it takes to process them. Council Member Watford inquired as to grants that might be available to offset the costs of the EAR since it is a state -mandate. At this time there does not appear to be any. available. Mr. Brisson expounded that the first EAR was not grant funded, only the Comprehensive Plan itself. The - discussion then turned to the various methods the Council will have to consider in order to "dean up` the Future Land Use Map in coordination with the Zoning map. There will be a lot work over the next year from Staff, Planning Staff, Planning Board discussions and recommendations in order to get the final product to the City Council and adopted by the 2011 deadline. VOTE KOK - YEA MARUMM -YEA UCOWOR -YEA WAS -YEA WtUWs-YEA MOTM CAN=. There being no further items on the agenda, Mayor IGrk adjourned the meeting at 6:41 p.m. The next regular: scheduled meeting is March 17, 2009 at 6:00 p.m. OKEECHOBEE NEWS . J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W.17th Street, Suite D, Okeechobee, FL 34974 (863) 763-MM Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, thAt the attached copy of advertisement being a VOU i C f �10 •�1 C,` in the matter of iJ of # c e_ OF C 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 Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said 1 newspaper has heretofore been published continu- ously 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. 7 S orn t and subscribed before me this r� day Of L, Wotary Public, State of Florid at Large o<''"Y °Oar Janetia Thiboult :Commission # DD505311 "� o Expires Janu�►10, 2010 'k a �g aaaea Tmr Fav� uuu�ance. K e0o�es7mo rnox 3 m - - urr coat t�r� 0 arm CITY OF OKEECHOBEE MARCH 3, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 1. CALL TO ORDER -MAYOR: March 3, 2009, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Chaplain Wendy Schaffer, Hospice of Okeechobee; Pledge of Allegiance led by Mayor. G III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. L Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall • City Attomey John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson .gyp,-'`r L Pdat� c IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 17, 2009 City Council Regular Meeting. MARCH 3.2009 PAGE 2 of 3 V. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2009 Warrant Register. General Fund $556,080.46 Public Facilities $ 55,121.98 Capital Projects -Improvements $ 79.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1041 regarding the Capital Improvement Element (CIE) of the City of Okeechobee Comprehensive Plan - City Planning Consultant (Exhibit 1). (C� b) Vote on motion to read by title only. CC�j� �- c) City Attorney to read proposed Ordinance No.1041 by title only. • 2.a) Motion to adopt Ordinance No.1041. AIM C b) Public comments and discussion. c) Vote on motion. B.1.$) Motion to read by title only proposed Ordinance No.1042 regarding Comprehensive Plan Future Land Use Map Application No. 08-007-SSA, submitted by Muhammad Nooruddin on behalf of property owner, A.M.S.A., LLC - City Planning Consultant (Exhibit 2). b) Vote on motion to read by titre only. c) City Attorney to read proposed Ordinance No.1042 by title only. VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt Ordinance No.1042. C� b) Public comments and discussion. c) Vote on motion. • VIII. NEW BUSINESS. 40 A. Motion to approve an agreement submitted by LaRue Planning & Management Services, Inc. for professional services for preparation of the City of Okeechobee's Evaluation and Appraisal Report (EAR) - City Administrator (Exhibit 3). DL ADJOURN MEETING. k'm PLEASE TAKE NOTICE AND BE ADVISED that It any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such inbrested person will need a record of the proceedings, and for such purpose may need to ensure a varbatlm record of be proceedings, which record Includes the testimony and wWenc:e upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. MARCH 3. 2009 PAoE 3 OF 3 MAR 3 - FINAL — EXHIBIT NO. I ORDINANCE NO. 1041 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT AND THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3Kb)1; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9.15, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, Florida Statues 163.3177(3(b)1 requires local governments to adopt and update a Five -Year Schedule of Capital Improvements (Five -Year Capital Improvements Program); and WHEREAS, City Council held its duly advertised public adoption hearing on March 3, 2009, Section 163.3177(3)(b)2, F.S.; and WHEREAS, the adopted Plan Amendment is exempt from the twice -per -year limitation on plan amendment adoptions, pursuant to Section 163.3187(1)(f), F.S.; WHEREAS, City Council desires to amend the City's Comprehensive Plan by adopting this Amendment to guide future development of the City and protect the public's welfare. 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 the "City of Okeechobee Capital Improvements Element Comprehensive Plan Amendment," pursuant to F.S. Section 163.3177(3)(b)1, 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 Section 163.3177 and Chapter 163.3187, Part II, Florida Statutes. SECTION 3. The City of Okeechobee, Florida hereby adopts the Capital Improvements Element Amendment Five -Year Schedule of Capital Improvements, including the update to the Okeechobee County School District Annual School Capacity Program 2008-2009 to its current Comprehensive Plan; which amendments consist of pages which are identified as Exhibit "A" and which are Page 1 of 2 incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file at City Hall in Okeechobee, Florida. $ECTION 4. 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 5. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1041 shall be a date a final order is issued by the Department of Community Affairs finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; orthe date a final order is issued by the Administrative Commission finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. INTRODUCED for first reading and public hearing on the V day of March, 2M. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading as per F.S. 163.3177(3)(b)2, on the V day of March, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Attachments: Exhibit "A" Capital Improvements Element Amendments and Five -Year Schedule of Capital Improvements. Page 2 of 2 CITY OF Capital Improvements Element Supporting Data and Analysis INTRODUCTION The City of Okeechobee is a small rural area within Okeechobee County. The City's most recent EAR was adopted on September 30, 1998 with subsequent Amendments adopted on September 19, 2000. The data and analysis within the EAR is just over ten (10) years old and the City is not scheduled to adopt another EAR until January 1, 2011. The information being used for the Amendment this Element will update a portion of the data from the 1998 EAR. The City will use the population projections adopted on August 1, 2006 for the last update of the Capital Improvements Element but will be updated to reflect new developments and/or changes in growth trends. LEVEL OF SERVICE STANDARDS (LOS) The City has adopted level of service standards for the following public facilities: Sanitary Sewer: 130 g/c/d (gallons per capita per day) Potable Water: 114 g/c/d (gallons per capita per day) Solid Waste: 13 lbs/c/d (pounds per capita per day). At least 13 years available capacity at the Okeechobee County Landfill. Traffic: Principal Arterials: C Minor Arterials: D All Other Roadways D Recreation: 3 acres/1,000 persons Drainage: 25-year storm, 25-hour duration, facility design as required by FAC Public Schools: Existing School Permanent FISH (Florida Inventory of School Houses) Capacity Considering Utilization Rate (100%) New Elementary 750 New Middle 1,000 New K-8 1,200 New High School 1,500 City of Okeechobee Comprehensive Plan Capital Improvements Element The City's Concurrency Management System (CMS) ensures that facilities and services needed to support development will be available concurrent with the impacts of such development. Prior to the issuance of a development order and development permits, the CMS must ensure that the adopted level of service standards required above will be maintained. POPULATION PROJECTIONS The University of Florida's Bureau of Business and Economic Research (BEBR) estimates that the City's resident population as of April 1, 2008 was 5,496. Because Okeechobee is a center for freshwater fishing and other outdoor -related activities, the additional seasonal population and visitors staying overnight in the community is estimated to be equal to about 40% of the resident population. The peak seasonal population in 2008 is estimated at 7,694 Following is a list of residential developments having been approved but not yet constructed since early 2007. While immediate development of the larger of these developments is unlikely given the current economic situation, these 1,254 dwelling units approved for these projects can be expected to be completed within at least the next ten years. Approved Developments Project Name Number and Type of Location/ Type of Development Approval Anticipated Units Date Population Central Park Oaks 4 single family units SW quadrant of the City between SR 4/2007 11 persons 70 and SE 5d' Street. O-Town Apts. 40 multi -family units SW quadrant of the city south of SR 70 5/2007 108 persons on SE l Od' Avenue between SE 4" and SE 5d' Street Southern Trace 217 multi -family units NW quadrant of the city and west of 9/2007 578 persons US 441, between NW I Vb and NW 14d' Streets The Lakehouse 136 multi -family units SW quadrant of the city on SW 15d' 10/2007 367 persons Street between SW lOd' and SW 7d' Avenue Casa Bella 37 multi -family units NW quadrant of the City west of NW 12/2007 99 persons 5d' Avenue and between NW 10d' and NW I Vh Street Visiting Nurses 31 units (assisted SE quadrant of the City east of US 441, 10/2008 37 persons Association living facility) on SE 2"d Street Bevis 6 multi -family units NE quadrant of the City, at the 11/2008 16 persons northeast corner of NE 1 Od' Street and NE 5d' Avenue Asmussen 14 units (assisted NE quadrant of the City east of US 12/2008 38 persons living facility) 441, between NE 6d' and NE 7d' Streets Total Persons 1,254 Source: LaRue Planning & Management Services, Inc. and the City of Okeechobee, 2109. Using the 2.70 average household size recorded in the 2000 Census, these 1,254 units can be expected to increase the City's resident population by 3,386 persons by the year 2019. It is also reasonable to expect that some additional, although limited, growth beyond that associated with already approved projects will take place over the next ten years. Allowing for an average of another City of Okeechobee Comprehensive Plan 2 Capital Improvements Element 40 persons per year would result an overall annual growth rate of about 2.5% per year. The projected resident and peak seasonal populations of the City through the year 2019 are provided in the following table. Peak Ponulation Forecast Year Resident Population Seasonal Population Peak Population 2008 5,496 2,198 7,694 2009 5,633 2,253 7,886 2014 6,373 2,549 8,922 2019 7,210 2,884 10.094 Source: LaRue Planning & Management Services. Inc.. 2009. LAND NEEDED TO ACCOMMODATE GROWTH To date, there have been no insurmountable problems with the allocation of land to meet the demonstrated needs of the City. Based on the latest information available (EAR, 1999), approximately 430 acres, or 18%, of the land within the City was vacant with most of this land in areas currently designated for residential uses. Since that time, it is estimated that less than 20% of the vacant residential areas have been developed. The current inventory of developable vacant land is adequate to accommodate the modest population growth expected in the City through the long- range planning horizon of 2019. ADEOUACY OF PUBLIC FACILITIES The following analyses show that public facilities for which the City is responsible are adequate to meet the applicable adopted Level of Service Standards. Potable Water and Sanitary Sewer The Okeechobee Utility Authority (OUA), an entity independent of the City, is responsible for providing water and sewer to the residents of the City of Okeechobee and surrounding unincorporated areas. OUA also provides potable water to the nearby community of Buckhead Ridge located in Glades County. While the majority of the City is being provided potable water, there are still small areas which are not being served because there are no lines connecting to these properties. Lines are available to serve about 95% of the City with potable water. There are no specific figures on the percentage of residents receiving sewer services, but the extent of sewer lines both inside and outside the City are less extensive than that encompassed by the water system. OUA has two potable water treatment plants with a combined capacity of 6.0 million gallons per day (mgd). The main facility, the surface water treatment plant, has a permitted capacity of 5.0 mgd. The groundwater treatment plant rated at 1.0 mgd. The wastewater treatment plant has a total capacity of 4.0 mgd. The following table shows capacity and current utilization figures for both the potable water treatment plants (WTP) and the waste water treatment plant (WWTP). City of Okeechobee Comprehensive Plan 3 Capital Improvements Element • Current WTP and WWTP Capacities and Utilization Water Treatment Plant Wastewater Treatment Plant Capacity 6.00 mgd 4.00 mgd Avg. Daily Flow 1.93 mgd 0.89 mgd Committed Capacity 0.25 mgd 0.10 mgd Excess Capacity 3.82 mdg 3.01 mgd The following data and analysis clearly indicate that there is more than adequate capacity in the potable water and wastewater treatment plant systems to accommodate anticipated growth over the next ten years. Proiected Water Demand — City of Okeechobee Year Peak Population Generation rate based on adopted LOSS 2009 8,974 1.02 MGD 2014 10,182 1.16 MGD 2019 11,476 1.31 MGD Source: LaRue Planning & Management Services Inc., 2009. Assuming, the City continues to represent about 40% of the demand for potable water throughout the OUA service area, at an LOSS of 114 g/c/d (gallons per capita per day) the total demand in the year 2019 could be expected to approximate just under 3.3 mgd, well below the total capacity of 6.0 mgd. Proiected Sewer Demand — City of Okeechobee Year Peak Population Generation rate based on adopted LOSS 2009 8,974 1.17 MGD 2014 10,182 1.32 MGD 2019 11,476 1.49 MGD Source: LaRue Planning & Management Services Inc., 2009. Assuming, the City continues to represent about 40% of the demand for wastewater treatment throughout the OUA service area, at an LOSS of 130 g/c/d (gallons per capita per day) the total demand in the year 2019 could be expected to approximate just over 3.7 mgd, slightly less than the capacity of 4.0 mgd. City of Okeechobee Comprehensive Plan 4 Capital Improvements Element SOLID WASTE Solid waste collection and disposal is provided by Waste Management, Inc. The adopted LOS for the City of Okeechobee is 13 lbs/capita/day. The City of Okeechobee generates approximately 45% of the County's solid waste stream, while the City only has 16% of the population. This is not unexpected as the City serves as the commercial hub for the surrounding area. Further, the City is more urban in character than is the rural/agricultural nature of outlying areas. It is also reasonable to assume that some solid waste in unincorporated areas may have been disposed of outside of the County's organized collection system through burning, burial, or even improper dumping. These factors also help explain the City's relatively high LOS of 13 lbs/day. The Okeechobee County landfill serves the entire County and has a capacity of 138 million cubic yards with a life expectancy of 50 years. There is adequate landfill capacity to serve City and County needs for at least the next 13 years. Solid waste expected to be generated by the projected population of the City is provided in the following table. Solid Waste Generation Table. 2009-2019 Year Peak Population Pounds (per day) 2009 8,974 116,662 2014 10,182 132,366 2019 11,476 149,188 Source: LaRue Planning & Management Services, Inc., 2009. The City continues to encourage participation by its residents in recycling programs to reduce the volume of solid waste. By coordinating with the County and the citizens of the City, the City will continue meeting its adopted level of service over the next ten years. TRANSPORTATION The City of Okeechobee remains a small urban area. The most traveled roadways in and through the City are state and federal roads (SR 70 and US 441) that bisect the City. The City does not take traffic counts on any roads within its boundaries. Instead, counts are taken by FDOT and conveyed to the County. Below is a map which depicts traffic counts of FDOT maintained roadways. City of Okeechobee Comprehensive Plan Capital Improvements Element U w rou, w m m a M 0 0 ilq�g Iaq Ca U U • s The following summarizes roadway improvements to be undertaken within the City of Okeechobee and scheduled and funded by the FDOT over the next five years. Five Year Work Program, 2009-2013 AD: Okeechobee Countv jTransportation System: INTRASTATE STATE HIGHWAY IDescription: SR 70 From Highlands C/L To East Of 8th Avenue (Type of Work: SIGNING/PAVEMENT MARKINGS (Item Number: 423435-1 (Length: 9.015 .Highways /Preliminary Engineering (District 01 - Okeechobee County j j SIS l fFiscal 20$6 ear: 2009 II 112011 112012 112013 1 A�mount8 7 gg ` 48 �I 4 Highways /Construction Amount: 11 II 11 $429,646 11 Transportation System: INTRASTATE STATE HIGHWAY District 01 - Okeechobee County Description: SR 70 From NE 34th Avenue To NE 80th Avenue Type of Work: ADD LANES & RECONSTRUCT Item Number: 196904-2 Emerging SIS Length: 3.656 Highways /Preliminary Engineering (Fiscal Year: 2009 112010 1120 ..... 11 2012 2013 Amount: 11$422,368 ff Highways /Right Of Way _ Amount: I 1 11 $8,929,852 11 $8,227,929 Highways /Railroad & Utilities Amount: jII fl i f $200,000 !� 11 I1 $500,000 Highways /Construction • Amount I' 0 7 LI �` j $38,24 ,33 Highways /Environmental Amount: �� �� $1,205,000 ( $250,000 Highways /Construction Support Amount: 11 11 0 11 I1 $4,348,803 1 City of Okeechobee Comprehensive Plan 7 Capital Improvements Element 0 Transportation System: INTRASTATE STATE HIGHWAY Description: SR 70 From West Of 70th Avenue To St. Lucie County Line Type of Work: SIGNING/PAVEMENT MARKINGS Item Number: 423436-1 Length: 7.979 Highways /Preliminary Engineering District 01 - Okeechobee County Emerging SIS Fiscal Year: 1112009 12010 112011 2012 11 2013 Amount: AI 1, $63,714 M Highways /Construction Amount: II II 11 $392,832 Transportation System: INTRASTATE STATE HIGHWAY Description: SR 70 From 0.274 Mi. E Of Berman Road To 1.407 Mi. E Of Berman Road Type of Work: ADD LANES & RECONSTRUCT Item Number: 415025-1 Length: 1.130 Highways /Right Of Way Fiscal Year: 1112009 12010 112011 2012 Amount: 11 $743,831 I! I( [Highways /Railroad & Utilities Amount: 11 $266,857 Highways /Construction Amount: 11 $7,462,256 Highways /Environmental Amount: 11 $100,000 ighways /Construction Support Amount: 11 $1,741,282 11 li District 01 -Okeechobee County Emerging SIS 1I12013 City of Okeechobee Comprehensive Plan g Capital Improvements Element Transportation System: NON -INTRASTATE STATE HIGHWAY District 01 - Okeechobee County Description: US 441 At SE 18th Terrace Type of Work: ADD TURN LANE(S) Item Number: 422673-1 Emerging SIS Length: 0.072 Highways /Preliminary Engineering Fiscal Year: Fiscal Amount: 11 $59,813 11 Highways /Construction Amount: II 11$370,938 Highways /Environmental Amount: fl $2,000� Highways /Construction Support Amount: 11 11$42,848 Transportation System: NON -INTRASTATE STATE HIGHWAY District 01 - Okeechobee County Description: US 441 (SR 15) From North Of CR 68 To North Of NE 168th St Type of Work: RESURFACING Item Number: 422408-1 Emerging SIS Length: 0.455 Highways /Construction Fiscal Year: 12009 112010 112011 112012 i12013 f Amount: 11 li $550,722 Highways /Environmental Amount: 11 $100 I 4 [Highways /Construction Support Amount: 11 II $60,782 City of Okeechobee Comprehensive Plan 9 Capital Improvements Element 0 • Transportation System: NON -INTRASTATE STATE HIGHWAY District 01 - Okeechobee County Description: US 98/US 441 At Taylor Creek Br # 910054 Type of Work: BRIDGE-REPAIR/REHABILITATION Item Number: 419706-1 Emerging SIS Length: 0.046 Highways /Construction j Fiscal Year: 112009 112010 112011 112012 112013 I Amount: II 11 11 $1,063,556 Highways /Environmental Amount: it 11 $10,100 Highways /Construction Support I lAmount: II II II $162,8 1 Since the Okeechobee area is not part of a Standard Metropolitan Statistical Area (SMSA), the City does not belong to a Metropolitan Planning Organization (MPO). Therefore, information on traffic volumes was provided by FDOT and was limited to state roads. Like most rural cities, Okeechobee also lacks an ongoing program for measuring traffic on the City's collector roads. The City's Concurrency Management System (CMS) identifies potential LOS problems and corresponding needs for capital investment in road improvements. Improvements are made every year on the City's roadway system to keep them safe and in good working order. These improvements are shown on the City's Five Year Schedule of Capital Improvements. Recently, these projects have included: Road repairs and materials; and Paving, sidewalks, and traffic signals. Although the City's Five -Year Schedule of Capital Improvements includes minor continuing road repairs and significant funding for the ongoing street overlay project, no roadways for which the City is responsible have been identified as requiring improvement in order to maintain the City's adopted LOSS. The City does, however, adopt by reference the FDOT Five Year Work Program 2009-2013. Recreation and Open Space In 2003, the County estimated that approximately 489 acres of recreational facilities were available in Okeechobee County. The City owned two (2) of these facilities, the County (13), the School Board (9), the State (3), and private entities (3). Of the 30 facilities, five are located within the municipal limits of the City of Okeechobee and are described below: City of Okeechobee Comprehensive Plan 10 Capital Improvements Element 0 • Site Name Taylor Creek Boat Ramp* Park Avenue Greenbelt* Okeechobee Recreational Park Okeechobee Teen Center Existing Recreational Sites and Facilities Category Type Resource -based (special park) Activity -based (neighborhood park) Activity -based (special park) Activity -based (community park) Facilities Available Boat launch Benches bandstand tables 2 Ball fields 2 Tennis Courts Picnic tables Play equipment Game room Meeting room Central Elementary High Activity -based Basketball court School Play equipment TOTAL ACREAGE Source: City of Okeechobee EAR, 1998 and Okeechobee County EAR, 2003. *Facilities located inside the City limits. Acres 2.0 5.4 5.0 0.32 NA 12.72 The City of Okeechobee owns 7.4 acres of parkland within the City. County, School Board, and State parks in the area, as well as private recreation amenities, also provide leisure facilities. The total recreational inventory available to meet LOS standard is 12.72 acres. The adopted level of service standard for parks is 3 acres per 1,000 persons. Below is assessment of the demand for parks based on the adopted LOS and the projected population. Projected Recreational Needs, 2009-2019 Year Peak Population Acres 2009 8,974 8.97 2014 10,182 10.18 2019 11,476 11.48 Source: LaRue Planning & Management Services, Inc., 2009. Through a joint planning approach with the County, residents of both the City of Okeechobee and the unincorporated portions of the County benefit from equal access to recreational facilities through a combined recreational program. Through the use of joint level of service standards and interlocal agreements, the recreational needs of residents of the City and unincorporated areas are served. Comparison of available park and recreation inventory with projected recreational land needs indicates that no additional lands are needed to meet the adopted LOSS and no capital expenditures are required. DRAINAGE Drainage on City roads is accommodated by swales and ditches and FDOT storm drainage facilities. The City of Okeechobee is in the Lake Okeechobee integrated drainage basin and is drained by City of Okeechobee Comprehensive Plan 11 Capital Improvements Element Goals, Objectives and Policies Goal: The City of Okeechobee shall continue to ensure that public facilities and services are provided, on a fair -share costs basis, in a manner which maximizes the use of existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall continue to use the Capital Improvements Element to schedule construction and identify funding sources for the City's capital facility needs in order to accommodate existing and future development, and to replace obsolete or worn-out facilities. Policy 1. 1: Proposed capital improvements projects shall continue to be ranked and evaluated according to appropriate policies adopted in other elements of the Comprehensive Plan. The following criteria will also be considered: (1) whether the proposed project will eliminate a public hazard; (2) whether the proposed project will eliminate capacity deficits; (3) local budget impacts; (4) locational needs based on projected growth patterns; (5) accommodation of new development or redevelopment; (6) financial feasibility; and (7) plans of state agencies or water management districts that provide facilities in Okeechobee. Policy 1.2: The City of Okeechobee shall continue to integrate its planning and budgeting processes such that expenditures which are budgeted for capital improvements recognize policies related to public facilities and services set forth in the Comprehensive Plan. Policy 1.3: In accordance with Policy 7.1 of the Sanitary Sewer... Element, the City shall complete a stormwater management study to identify drainage deficiencies, and allocate any available funds for that purpose in its Administrative Operating Budget for fiscal year 2000 20012013. The 5-Year Schedule of Capital Improvements will be amended as soon as possible to include the study, its projected cost, and the identified revenue source(s). Policy 1.4: The City of Okeechobee shall identify its needs for public facility improvements, the revenues required for project funding, and shall itemize the costs for such projects in its 5-Year Schedule of Capital Improvements. Objective 2: The City of Okeechobee shall continue to coordinate land use decisions with the schedule of capital improvements in a manner that maintains the adopted level of service standards and meets existing and future needs. Policy 2. 1: The City of Okeechobee shall continue to use the following level of service standards in reviewing the impacts of new development and redevelopment: City of Okeechobee Comprehensive Plan 13 Capital Improvements Element Facility Level of Service Sanitary Sewer 130 gallons/capita/day (see Policy 1.6 of Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Potable Water 114 gallons/capita/day (see Policy 1.6 of Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Solid Waste Average Solid Waste Generation • 13lbs./person/day • at least 13 years available capacity in Okeechobee County landfill (see Policy 1.4 of Sanitary Sewer... Element) Principal Arterials C Minor Arterials & All Others D Recreation and Open Space 3 acres/1,000 persons Drainage Interim Standard (see Policy 1.5 of Sanitary Sewer... Element) Design Storm • 25-year storm • 24-hour duration Facility Design Standards • as required by Florida Administrative Code (see Policy 1.5 of Sanitary Sewer... Element) Public Schools Existing School Permanent FISH Capacity Considering Utilization Rate New Elementary 750 New Middle 1000 New K-8 1200 New High School 1500 City of Okeechobee Comprehensive Plan 14 Capital Improvements Element Policy 2.2: Development orders and permits shall be granted only when required public facilities and services are operating at the established levels of service, or shall be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process. Objective 3: In order to maintain adopted level of service standards, future development shall bear a proportionate cost of necessary public facility improvements equivalent to the benefits it receives from the improvements. Policy 3.1: The City of Okeechobee shall continue to evaluate potential revenue available for public facility expenditures through alternative sources such as user fees, special benefit units, or special assessments. Policy 3.2: The City of Okeechobee shall continue to maintain adopted levels of service by using revenue sources considered under Policy 3.1 to ensure that new development pays a pro rata share of the costs of public facility needs which it generates. Policy 3.3: The City of Okeechobee shall continue to continue to apply for and secure grants or private funds when available to finance the provision of capital improvements. Objective 4: The City of Okeechobee shall continue to ensure the provision of needed public facilities within the City limits, based on adopted levels of service as set forth in the Comprehensive Plan. Public facilities needs shall be determined on the basis of previously issued development orders as well as the City's budgeting process and its joint activities with Okeechobee County and the Okeechobee County School District for planning, zoning, and concurrency management. Policy 4.1: Existing and future public facilities shall operate at the levels of service established in this plan. Policy 4.2: Debt service shall not exceed 20% of annually budgeted revenues. Policy 4.3: A five-year capital improvements program and annual capital budget shall be adopted as part of the City of Okeechobee's annual budgeting process. This program shall include the annual review, and revision as needed, of the Five - Year Schedule of Capital Improvements. Policy 4.4: The financially feasible School District Five -Year Capital Improvement Plan (Tentative Facilities Work Program) which achieves and maintains the adopted level of service standards for public schools, as approved by the City of Okeechobee Comprehensive Plan 15 Capital Improvements Element Okeechobee County School Board shall be included and adopted each year as part of the City of Okeechobee's annual budgeting process. Objective 5: The City of Okeechobee shall furnish meaningful opportunities for the School Board to have input and coordination in the City's development review process in order to assist the School Board in their provision of adequate and efficient schools. Policy 5.1: The City of Okeechobee and the School Board shall coordinate to ensure that schools are adequately and efficiently provided commensurate with growth. Key coordinating mechanisms shall include: (a) promotion of joint infrastructure park/school facilities when feasible; (b) consideration of the adequacy and availability of educational infrastructure during appropriate review of development order applications; (c) ensuring the provision of adequate infrastructure, on and off site, normally associated with new or expanded schools where consistent with state law restrictions on expenditures by the School Board; (d) evaluation of the School District's annually updated Capital Improvement Plan to ensure that it is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained; (e) seeking that any new major residential development or redevelopment applicant submit information regarding projected school enrollments from the project; and (f) request that the School Board submit site plan information for all timely new schools. City of Okeechobee Comprehensive Plan 16 Capital Improvements Element Capital Improvements Implementation City of Okeechobee Comprehensive Plan Capital improvement needs identified in the Comprehensive Plan will be met through implementation of a 5-Year Schedule of Capital Improvements. This schedule is adopted by the City Council along with Goals, Objectives and Policies, and must be consistent with the Capital Improvements Element. The purpose of the Schedule is to ensure that the City has adequate revenues to implement the Comprehensive Plan. The 5-Year Schedule of Capital Improvements focuses on the capital outlay required to meet existing deficiencies and to maintain adopted level of service standards planned for public facilities in the Plan. The City shall advise the OUA on these standards. City of Okeechobee Comprehensive Plan 17 Capital Improvements Element OKEECHOBEE COUNTY SCHOOL DISTRICT Proiect Schedules 2008 -2009 Work Plan Capacity Project Schedules A schedule of capital outlay projects necessary to ensure the availability of satisfactory classrooms for the projected student enrollment in K-12 oroarams Project Description Location 2008 - 2009 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 Total Funded Occupancy began OSCEOLA MUDDLE Planned S48F,58 SO $0 s0 SO $48.1,158 Yes August 1, 2008. One Cos, final Change Order will be. completed during the Christmas Break. December 2008, The Project began in 06-07 Fiscal Year Student Stations. 0 0 0 0 0 0 Total Classrooms: 0 0 0 0 0 0 Gross Sq Ft: 21,620 0 0 0 0 21,r,20 Bidding is scheduled SEMIINOLE Planned S4,329,907 SO $0 s0 SO $4,3211,907 Yes for December 2008, ELEMENTARY Cost. Construction is scheduled to begin in March of 2r 09 and classroom completion by August, 2010- Student Stations. 320 0 0 0 0 320 Total Classrooms: 16 0 0 0 0 p; Gross Sg Ft 17.600 0 0 0 0 17,t343 Design, Bidding and Location not Planned s0 50 $2,600,000 $1,050,000 SO 33.650.000 Yes Begin Construction specified Cost Phase `or K-8 School Student Stations 0 0 G 1.042 0 1.042 Total Classrooms: 0 0 i 47 0 47 Gross Sq Ft 0 0 0 1 13,957 0 113.967 Planned Cost: $4,378,465 $0 $2,600,000 $1,050,000 $0 $8.028.465 Student Stations: 320 0 0 1,042 0 1,362 Total Classrooms: 16 0 0 47 0 63 Gross Sq Ft: 39,220 0 0 113,967 0 153.187 Other Project Schedules Major renovations, remodeling. and additions of capital outlay projects that do not add capacity to schools. Page 7 of 15 C7ty of Okeechobee Comprehensive Plan Capital Improvements Element 0.29.2008 3:22.31 PM 18 OKEECHOBEE COUNTY SCHOOL DISTRICT 2008 • 2009 Work Plan Project Description Location 2008 - 2009 Actual Budget 2009 - 2010 Projected 2010 - 2011 Projected 2011 - 2012 Projected 2012 - 2013 Projected Total Funded New Data Building to be OKEECHOBEE S425,822 so $0 s0 so $92� 822 Yes located behind the District FRESHMAN CAMPUS Office which is Building 0002 of the Okeechobee Freshman Campus $925,822 $0 $0 $01 $0 $925.822 Additional Project Schedules Any projects that are not identified m the last approved educational plant survey Nothing reported for this section. Non Funded Growth Management Project Schedules Schedule indicating ;vhich projects, due to planned development, that CANNOT be funded from current revenues projected over the next five years. Project Description 2008 - 2009 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 Total Funded Actual Budget Projected Projected Projected Projected K-8 School to be constructed S0 $12 000.000 S'12.000,000 S I I D00 000 S0 S 1=�,000,000 No on SW 16th Street $0 $12,000,000 S12,000,000 $11,000,000 $o $35,000,000 Page 8 of 'I F v,24r2008.3:22:31 PM 1, try of Vxeechobee Comprehensive Plan 19 Capital Improvements Element U 0 Oo 00 a OO CD rel O O O M WLn LMn oIcT Q�l Ln v a1 Ln Ln o O O Tio C 0 .�-� M c-1 r-i Ln N N 00 O O O O 00 M 0 N r, to m fW M O . i �.� [t N N t!? V? t/? V} V* N V} V? to to Vf tn• tn• M lD N M 00 G1 M n O O N O O O n N M M Ln to 00 OO cri OLD k pM O NLn�Ln 0 LO ko O O o0 00 � � N B O O O n ' O Ln O Ln O O 1�N ri M r-I tD (NN M [t .0-L N V? V? t/? V? Vf N V1 V) V1 V! V} V} 4^ t? to N Ln 00 M O N 00 O O 00 O O O 00 N N cy) 00 ri N Oo O O O 00 C1OM�00 O O O O N 00 tO n Ln m 00 N N O O r.: O O tD M � tD Ln N Ln Ln 0 00 M . LD N t/? 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'od�ke'C;B e_ 3 a 100 N Cd `&_0WMN1MFJT �weaa�a�ar OKESCNOEU NEM 107QW.I th WaL EWl D, 04e,dwbm FL UM OR7U4M 44 NOTICE OF PUBLIC HEARING AMENDING THE COMPREHENSIVE PLAN STATE OF FLORIDA COUNTY OF OKEECHOBEE FOR THE CITY OF OKEECHOBEE • Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a v lot'I t_ in the matter of 'N &F, C e uF POW i C_ 14 ec, nK q in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of f~410rQc.r-y & a2001 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously 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 afiant 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. w m o d subscribed before me this �q iL day of � ry t_Yt%____— -_A r'i R / t ( otary Public State of F at Large =CE . PLEASE TAKE NOTICE that the City Council of the City of .Okeechobee, Florida will on Tuesday, March 3, 2009 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING to adopt amendments to the Comprehensive Plan for the City of Okeechobee by considering the following Ordinance Into law: NO. 100 : AN ORDINANCE OF THE CITY OF- OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY AMENDING THE CAPITAL IMPROVEMENTS ELEMENT AND THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE AS MANDATED BY FLORIDA STATUTES, SECTION 163.3177(3_(B)1; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY, PROVIDING CONFLICTS, SEVER- ABILiTY AND AN EFFECTIVE DATE. The proposed Comprehensive Plan Amendments shall apply to all property, within the Incorporated areas of the City of Okeechobee. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance and Amendments may be Inspected in its entirety by members of the public in the Office of the City Clerk during, regular business hours, Mon -Fri, 8 am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ePpeal any decision made by the City Council with respect to any matter considered at this hearing, such Interested person will need a record the proceedings, and -for such purpose may need to ensure a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal is to be based. City Cierk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida. Statutes 286.26, persons with disabilities needing special accommoda- tion to participate in this proceeding should contact Lake Gamiotea no later than two (2) working days prior to the proceeding at 863-763- 3372 x 215; if hearing or voice Impaired, call TDD 1-800-955-8770 (voice) or 1-800-955-8771 (TTY) BY: James E. Kirk, MAYOR Lane Gamlotea, CMC, CITY CLERK fear 3-f� i mu)L6, .Publish: 02122108,, Okeechobee News MAR 3 - FINAL - EXN/8IT NO. a - ORDINANCE NO. 1042 AN ORDINANCEOF THE CITYOF OKEECHOBEE,FLORIDARESCINDING ORDINANCE NO. 1038 AS ADOPTED JANUARY 6, 2009, FOR THE PURPOSE OR COORDINATING THE ACTION TAKEN ON THIS ORDINANCE WITH ORDINANCE NO. 1041, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY'S COMPREHENSIVE PLAN; RE -ADOPTING AND APPROVING SMALL SCALE FUTURE LAND USE MAP AMENDMENT 08-007-SSA BY AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MULTI -FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 08-007-SSA), submitted by Muhammad Nooruddin on behalf of property owner(s), A.M.S.A. LLC, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on December 18, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; 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 the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Ordinance No.1038 - Page 1 of 2 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.488 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-007-SSA, from Multi -Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 17 THROUGH 19 OF BLOCK 18, CITY OF OKEECHOBEE SUBDIVISON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is 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 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 for the enactment of Ordinance No.1038 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 3rd day of March, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the V day of March, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1038 - Page 2 of 2 • NBW9PdPMEM OKEECAOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S. W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, thA the attached copy of advertisement being a VO 6 t i ( C: - i ��- in the matter of k' 6'f- i (_f' Le; i � 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 Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said i newspaper has heretofore been published continu- ously 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. Sv orn lid and subscribed before me this day of pin 7-0L_)y /_y/1�o' tary Public, State of Florid. at Large o�PaY P1,a� Janetta Thiboult Commission # DD505311 P Expires January 10, 2010 CF a� BMW trey Fan ft mca. V. 888,98t--M9 1. me o • �MM o Sat the Clb Cud of to CIb a (863) 763-3134 (7c_Cp Law kipft k AtYg iepYrMbodm:". Z=' iM�t D tE At1YM rat r any Damao owes b �pd Cound rigl ieaDlat b eny maiar corofdMed at • • F,arhrisrr3 MAR 39 2009 LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206, Fort Myers, Florida 33901-2845 239-334-3366 0 fcm- 239-334-6384 jim@larueplanning.com Agreement for Professional Services for Preparation of the City of Okeechobee's Evaluation and Appraisal Report (EAR) LaRue Planning and Management Services, Inc is pleased to offer our professional planning services to the City of Okeechobee to prepare the City's Evaluation and Appraisal Report. The following scope of service is based on the requirements specified in Chapter 163, Florida Statutes and Rule 9J-5, Florida Administrative Code. 1. Scoping and identification of issues. LaRue Planning & Management Services, Inc. will assist the City in coordinating and facilitating: a. A public workshop in order to provide residents of the community and interest groups with an opportunity for input in developing the key planning issues that the EAR will address; b. A scoping meeting with the City staff, State and Regional agencies, and adjacent municipalities to receive their input on the key issues that have been identified and to identify any additional issues that should be addressed; We will present the issues in a report to the City's Planning Board/LPA and City Council. Once the key issues have been identified and confirmed by the Planning Board/LPA and City Council, we will request a Letter of Understanding from DCA to guide preparation of the EAR. 2. Data collection, preparation, and presentation of the first EAR draft. Based on the issues identified above and DCA requirements, we will collect all necessary data and preparing the first draft of the EAR. This draft will include text and graphics as appropriate, including updated maps and will: a. Provide an analysis of the key issues identified for their potential impacts; b. Identify and summarize actions or corrective measures, including plan amendments necessary to address the major issues identified, population projections, revised planning timeframes, revised future plan maps, any new or revised goals, objectives and policies for the major issues identified. c. Evaluate relevant changes in growth management laws (State Comprehensive Plan, the requirements of Chapter 9J-5 of the Florida Administrative Code and the Regional Planning Council Strategic Policy Plan); d. Summarize the public participation program and activities undertaken during preparation of the EAR, and e. Address specific requirements of 163-3191(2), Florida Statutes. After the draft EAR has been completed, submitted to and reviewed by City staff, we will revise the draft to address City staff comments. 3. Adoption and submittal of the EAR A draft of the EAR will be presented to the LPA and the City Council at a public hearing and we will prepare any revisions to the draft that may result from this hearing. After the revisions have been completed, the EAR will be transmitted to DCA for informal review. After comments are received from DCA, we will revise the EAR as required. The final EAR will then be presented to the City Council for adoption and the adopted EAR will be transmitted to DCA and the other reviewing agencies. In the event that DCA finds the EAR to be insufficient, our firm will work with the City to make the necessary changes to receive a finding of sufficiency. The LaRue team is prepared to commence work immediately upon acceptance of this agF&Q4Iit-m 1t7A44,4AQrk tasks for the EAR will be completed to meet the City's deadline of January 1, 2011 ur team will work closely with the City's Planning Board/LPA and City s a du' r`iir g is process and will request meetings appropriately. It is our intent to perform these tasks as outlined above at a cost of thirty-one thousand dollars ($31,000.00). Please indicate your approval of this agreement by signing below and returning one copy to our office. We look forward to working with the City of Okeechobee on this important project. LaRue Planning & Management Services, Inc James G. LaRue, AICP Date President City of Okeechobee, Florida Authorized Signature Date Print Name Title Page 2 of 2 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 MEMORANDUM DATE: February 26, 2009 TO: Mayor and City Council FROM: Bill Brisson RE: Ordinances to be adopted at the March 3, 2009 City Council Meeting We are involved in two items on next week's agenda. These are the adoption of the City's update to the Capital Improvements Element of the Comprehensive Plan and the re -adoption of 08-007-SSA, the small plan amendment submitted by Mr. Nooruddin for his property located on NE 11 to Street. Following are brief descriptions of these two issues: 1. Chapter 163 now requires that each local government update its Capital Improvements Element (CIE) by December I" each year. The document is to be adopted at the March 3'd Council meeting and, while somewhat behind schedule, is intended to address the require- ment for adoption this past December. The main purpose of the State's requirement is to ensure that each community continues to maintain its adopted levels of service for the various public facilities and services and that the community's Comprehensive Plan is financially feasible. As required, the CIE Update for your consideration includes the following: A. Statement of the City's adopted level of service standards. B. Revised population projections. C. An assessment as to whether or not there is adequate vacant land to accommodate projected growth. D. Analyses of the adequacy of public facilities to maintain the adopted levels of service standards for potable water, sanitary sewer, solid waste, transportation, drainage, and recreation/open space. I * • 0 E. Five -Year Schedule of Capital Improvements. This schedule is required to include any capital facilities improvements that are necessitated by deficiencies in meeting the City's adopted level of service standards or by Objectives or Policies in the Comprehensive Plan that call for such capital improvements. The analyses contained in the CIE Update show that there are no deficiencies with regard to levels of service for which the City bears fiscal respon- sibility. Similarly, there are no Objectives or Policies contained within the Plan that call for specific capital improvements over the next five years. However, the City is including in its Five Year Schedule of Capital Improvements certain transportation and drainage improvements which, while not required to meet level of service standards, do support the goals, objectives and policies of the Plan for fiscal years 2008-09 through 2013-14. The Schedule shows that there are sufficient funds anticipated from the various fuel tax sources during this period to accommodate the projects contained in the schedule. F. Finally, the updated CIE also includes the Okeechobee School Board's School Capacity Project Schedules as required in association with the Public School Facilities Element 2. Re -adoption of 08-007-SSA As part of its requirement to update the Capital Improvements Element, the State has implemented a policy that once the December deadline for adoption of the CIE update has passed, no Plan amendments will be accepted until the local government has adopted the CIE update. The Small Plan Amendment requested by Mr. Nooruddin was adopted after the December 1" deadline. Therefore, it needs to be readopted after the adoption of the CIE update. Holding the re -adoption at the same meeting but after adoption of the CIE update is the most timely and efficient way to proceed so that we may then forward the 08- 007-SSA to the DCA for processing. We hope this memorandum is helpful to you while you consider these items at the Council meeting. I will be available to answer any questions during the meeting.