NEWSZAP
March 23, 2007

County plans for new growth - Workshops to update land use regulations

By Pete Gawda

http://www.newszap.com/articles/2007/03/23/fl/lake_okeechobee/aok01.txt

The Okeechobee County Board of County Commissioners is taking steps to deal with the county's growing pains.

On Thursday afternoon, March 22 the board held the first of a series of four workshops designed to update the county's land development regulations and comprehensive plan.

County attorney John Cassels expressed the desire that these workshops not result in just talk but that definite actions are taken to resolve the problems discussed.

Other workshops are scheduled for April 26, May 24, and June 28.

This first workshop dealt actual and perceived problems and areas of interest to do research. A wide range of topics were discussed.

The second workshop is designed to discuss traffic issues as well as roads and drainage. At that workshop, staff is to report on progress made in addressing problems identified in the first workshop.

The third workshop is scheduled to include a staff report on progress made toward solving the problems identified in the first two workshops as well as discussing build out and subdivisions.

The goal of the fourth workshop is to have draft ordinances and approaches to deal with problems discussed.

Mr. Cassels reminded the commissioners that each proposed change must be analyzed due to the ripple effect on existing regulations. "Subdivisions are getting to be a problem," said Commissioner Clif Betts. "How do you make a homeowners' association work? You can't force them to work and you can't dismantle subdivisions if they don't."

Mr. Cassels replied that under current Florida law you cannot have an assessment structure without a homeowners' association. He noted that the county could require formation of a homeowners' association as a condition for plat approval. However, after that the county could not make the subdivision keep the homeowners' association in place.

He noted that the county has the right but not the obligation to enforce some subdivision covenants such as bringing a drainage system into compliance. Mr. Cassels said the county does not have to sign off on plat approval until the South Florida Water Management District (SFWMD) approves drainage. "Any drainage system has the potential to be your problem in the future," he added.

What type of drainage systems do we allow?" asked Commissioner Elvie Posey. "Do we want to continue relying on road swale drainage systems or going to curb and gutter?" Mr. Cassels said that open swales are harder to maintain and discourage sidewalks. It was suggested that curb and gutter be required for lots of an acre and half or smaller. "We can tweak development regulations so that development comes on our terms," asserted Mr. Cassels. "We have the mechanism for modulating growth."

He stated that the county could require a quality development on the county's terms rather that on a developer's terms. Mr. Cassels suggested specific time tables for completion of development requirements. Planning official Bill Royce discussed the advantages of a planned development.

The board also discussed the advantages of clustering which allows for smaller lots and common property. Larger lots require longer roads and more road maintenance.

Mr. Royce stated that if houses are placed on larger lots on a road that is not a collector road, the county may not want to maintain that road.

Drainage problems were also discussed. "Our system should have some means of storing water," was Commission Chairman Ray Domer's opinion.

Mr. Cassels stated the county concentrates on residential development and does not look at commercial development. He mentioned the commercial development around the hospital where the drainage system is piecemeal with no interconnections.

Frontage roads were also discussed. Mr. Domer said the area around the nursing home and the hospital on U. S. 441 N. are examples of the need for frontage roads.

Mr. Betts noted that the Florida Department of Transportation now asks developers to put in frontage roads. Mr. Royce said there are things we can do to force interconnected frontage roads and shared driveways.

Mr. Betts claimed that chain stores coming in will build frontage roads because they are used to doing so. He said it was the local stores that would fight such a regulation. "Concurrency seems to me like one of the most important things we could do, "said Mr. Domer.

"We have no choice but to use concurrency," stated Commissioner Marvin Wherrell. "We have got to start working on our roads. We can't afford a bypass now. We have to do something now we can afford."

"Concurrency will not say you can't build here." said Mr. Royce, "but here is what it will cost you." Mr. Royce noted that traffic counts would soon be starting to document impact fees.

Mr. Betts noted that our impact fees are nothing compared to other areas. "We need to make our building department more user friendly," asserted Mr. Wherrell. He said that if a person is not satisfied with the service they get from a local business, they can go to another business. However, there is only one building department.

The board noted that there are still remnants of storm damaged billboards around the county that need to be removed.

Former commissioner Gene Woods, who was the meeting, suggested that the current policy on culverts should be reversed. He suggested that the county instead of the homeowner put in the first culvert. The homeowner would then be required to replace it when necessary.

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