Loading...
2009-08-20306 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS AUGUST 20, 2009 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board /Board or Adjustment and Appeals, August 20, 2009 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice- Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Altemate Member Karyne Brass Altemate Member - Phil Baughman Attomey John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the July 16, 2009 regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 4 Chair Maxwell called the August 20, 2009 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Absent (with consent) Absent (with consent) Present (moved to voting position) Present (moved to voting position) Present Present Present Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the July 16, 2009 Regular Meeting; seconded by Member Burroughs. VOTE MAXWELL - YEA HOOVER - YEA KELLER- YEA LUVIANO - YEA BURROUGHS - YEA BRASS - YEA BAUGHMAN - YEA MOTION CARRIED. No additions, deferrals or withdrawals of items on today's agenda. 1 1 1 V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09 -003 -R submitted by Robert Gent, Vice President on behalf of property owners Okeechobee Asphalt & Ready Mixed Concrete to rezone NW Comer of NW 8th Avenue and NW 9`h Street from RMF to CLT - Senior Planner. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council. 307 AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 4 Petition No. 09 -004 -R submitted by property owners Corey & Lauren Miller, to rezone 110 SE 4th Street from RSF -1 to CPO Mr. Brisson presented to the Board the recommendation of the Planning Staff to change the requested commercial zoning of Light Commercial (CLT) to Commercial Professional Office (CPO). Mr. Brisson went on to explain, the applicant wishes to put in a small business office, which would be a permitted use in CPO zoning district. CPO zoning has the least density of the commercial zoning districts. CPO zoning would be more consistent with the surrounding property. No one was present representing the applicant. Chair Maxwell opened Public Hearing. Chair Maxwell closed the Public Hearing. Board questioned whether this property was ever used for commercial purposes, due to the FLU designation o f commercial. A board member reported a bar once occupied the lot and bumed down. Mr. Brisson explained to the board the options were to recommend to City Council the zoning change or recommend to change the FLU designation. Hearing no further discussion, Chair Maxwell requested a motion. Member Burroughs moved to recommend approval to City Council to rezone Petition No. 09 -003 -R from RMF to CPO for property located at NW Comer of NW 8th Avenue and NW 9th Street, as recommended by Planning Staff; seconded by Member Hoover. VOTE MAXWELL - YEA HOOVER - YEA KELLER- YEA LUVIANO - YEA BURROUGHS - YEA BRASS - YEA BAUGHMAN - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council. V. CONSIDER PETITIONS AND APPLICATIONS. B. Petition No. 09 -004 -R submitted by property owners Corey & Lauren Miller, to rezone 110 SE 4th Street from RSF -1 to CPO - Senior Planner. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF Petition No. 09 -004 -R submitted by property owners Corey & Lauren Miller, to rezone 110 SE 4th Street from RSF -1 to CPC. Mr. Brisson presented Planning Staff recommendation of approval to rezone. Mr. Brisson stated this is the last lot on the block to receive the commercial zoning designation, and would be consistent with the surrounding property. Mr. Corey Miller, property owner was present for any questions or concems. There were none. Chair Maxwell opened the Public Hearing for public comment. There being none, Chair Maxwell closed the Public Hearing. Board inquired regarding parking, Mr. Brisson reported that is addressed either by site plan review or issuance of they Business Tax Receipt (BTR). Member Burroughs moved to recommend approval to City Council to rezone Petition No. 09 -004 -R from RSF -1 to CPO for property located at 110 SE 4th Street; seconded by Member Hoover. VOTE MAXWELL- YEA HOOVER - YEA KELLER- YEA LUVIANO - YEA BURROUGHS - YEA BRASS - YEA BAUGHMAN - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council. No consideration. 1 1 VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BEADVISEDthat if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of 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. General Services media are for the sole purpose of backup for official records of the Department. ATTEST: ttY ent, Secretary Devin Maxwell, Chairperson 309 AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 4 There being no further items, Chair Maxwell adjoumed the meeting at 6:13 p.m. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES AUGUST 20, 2009 I. CALL TO ORDER- Chairperson: August 20, 2009, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. 11. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE • Secretary. Page 1of10 Abs Chairperson Maxwell - �oar„ j V MANN Vice Chairperson Hoover 1- Board Member Burroughs Board Member Keller l/ Board Member McCoy �/ Board Member Morgan Board Member Luviano Altemate Brass` /` 1 ( i, Alternate - Baughman Senior Planner Brisson Attomey Cook 1/�/ Secretary Clement Vof M. MINUTES • Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the July 16, 2009 regular meeting. MOTION: moved to dispense with the reading and approve the Summary of Planning and /Board of Adjustment and Appeals Action for the July 16, 2009 regular meeting; seconded by AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 2 OF 10 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09 -003 -R submitted by Robert Gent, Vice President on behalf of property owners Okeechobee Asphalt & Ready Mixed Concrete, from RMF to CLT. 1. Hear from Planning Staff to rezone NW Corner of NW 8th Avenue and NW 9th Street, from RMF to CLT. Fc-(A etia )1 tiA52) 7 v AUGUST 20, 2009- PEI/BOA MINUTE GUIDE - PAGE 3 OF 10 V. CONSIDER PETRIONS AND APPLICATIONS CONTINUED. 2. Hear from the Property Owner or designee /agent. AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 4 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 3. Open Public Hearing for public comment - Chair. Nay) 4. Close Public Hearing - Chair. 5. Board Discussion. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. Board Discussion continued. F a, AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 5 010 MOTION: 6. Consider motion and vote. moved to recommend to : ppro = deny Petition No. 09 -003 -R to City C ncil ro rezone 1 Corner of NW 8 Avenue and N treet, from RMF to CO; seconded by h ar cfb -116 ley d VOTE: AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 60F 10 ABSTAIN MAXWELL �( / HOOVER x\ BURROUGHS x KELLER X MCCOY MORGAN LUVIANO )( BRASS Y BAUGHMAN RESULTS CARRI- DENIED I B. Petition No. 09 -004 -R submitted by property owners Corey & Lauren Miller, from from RSF -1 to CPO. 1. Hear from Planning Staff to rezone 110 SE 4'h Street from RSF -1 to CPO. AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 7 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. n 2. Hear from the Property Owner or designee /agent. No AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 8 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 3. Open Public Hearing for public comment - Chair. (Oo r0 4. Close Public Hearing - Chair. (DSLb-t 5. Board Discussion. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 5. Board Discussion continued. AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 9 010 6. Consider motion and vote. MOTION: moved to recommend to approve/deny Petiti n No. 09 -009 -R to City SE Council to rezone 0 SE 4h Street, from RSF -1 to CPO; seconded by kjo 0/5cA ss(c VOTE: MAXWELL HOOVER AUGUST 20, 2009- PB/BOA MINUTE GUIDE - PAGE 10 OF 10 YEA NAY ABSTAIN BURROUGHS KELLER MCCOY MORGAN LUVIANO BRASS BAUGHMAN IRESULTS VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN REGULAR MEETING - Chairperson DENIED 1 0 a) 2- c t U rn 0 O N 0) a) o_ Q c cis c E rn 0 -a C13 0 CO cv 0 m 0 0) a W 0 H J J Q V II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. >c L o cca rn a) o o = — c U o) 3= CY'>�m c o_ (( 3 m J 0 y E cis Y c c �� c.a) =.cn "� Om E 0 E 0 0 a) a) a) a) -0 .aa -0 -0 of c c1) as 0 a 0 0 o aE) CD l) 0 - ca - m a)LMMMMM m0 c C 2-0 "0 -O "0 -O-0 E c (1>j _2 ED. -c.2 0 0 0 0 0 .O" _= 0 0 U mmmmmQQQcocn MINUTES - Secretary. • MOEN MOO c 0 0 E 0) rn N A CD 1 0 V 0 d CL O E N 0 0 0 m 12 0 m 0 C (O d 9- O E E 1) 2 ca c (B 0) c cu a) a) 0- N 0 0 0 IV. AGENDA - Chairperson. cu a) 0) (a N N 0 O O N E 0) 0 To (a o a) ,0 0 (0 a) �O m ce m AUGUST 20, 2009 - PB /BOA AGENDA • PAGE 2 OF 2 V. CONSIDER PETITIONS AND APPLICATIONS. ' C a) L 2 L D (n U a) a) D O 0 C E O N to U 0 eL m 3 w Q co O 0) CO c a) -= L X 0 O ▪ 4) 0 a) CO a) -0 o 0_ E 0 ct N Cn CU CO Co "0 a) 0_ Q 2 Q 0 0O N • Q) co • O a) O U Q p col LO LC E) (o '_ L _,c E E o ' 0 0 O (1) 1 = c 0 CU 0 • 2 .Ws � o o o o C > 0 _c a.° eL > m 2 z a) co C -0 E co co 3 >, C CU O N a) co co 0 — N — > c a) E 0 0 : 0 7 Q= = > p 0 J < m o Q 2 -o -c" 0 co = J -0 CO - 7> ceS - - N O O a) C 5 z > a) > to a) O _ >, 2 _ Call E p 2 O C L 2 C L U '-L fn ° a) 0 a) en U �L - 0 a a E Lo a U L w N U o a < ° o U c co a) - a) QQi •C� z� E ° � E 0 a) co a) >, a) E C -t o-0 E -t m-0 E -0 m_ _ oo `o o ° 0 co -2 ° 0 0 NJ L U O N L U E (0 0 'O -p CO L C .1- 0_ a) =.. ,� m C L >, O Ca >, O (� co) CO O a) w a) a L 0 a) O 0 -.-- w O �O ' O -c) ;O >. O 0 O C CO T. cn C/� t� t� p - CO C� t� a = > co O :<: Q) E 0 .` E a, E. C .0 C CT °L CO CO C ..Q C p L L C CO 4) Q 0 CT 0 N c a_ a) a) O C C a) a) .O C L w _C L CL co N22 N,O �) 022 in .0 c0 co >,-o O w o .� .0 0 0 , IT .c3 .c? = o o p a) = oM° — _o 0 E �r U E z a) L o ow�0� 9 o 20_(2.0 a) a Q 0 0-0 U..1 -0 o L L C a) N o L C Q) C U co co co a) co C O CO 0 Cl) c0 C >` O o- o o o a) a) 0° o 0 o a) a) 0. 0 0 L o Z 2 2 0 0 m 0 2 2 0 0 m U Q. Z• 0- 00 C p a) L 0_ • � N _0 = aa)) Q cNi C e i i . . 1- E O co a) w 2 •— o < 0- . 2 w m NE AD ityo • .eec o,ee General Services Department 55 S.E. 3n1 Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (8631763 -16R6 Fee Paid: g50, (1L) ls` Hearing: $/c„).0 j 01 Publication Dates: etition "o..q-003-' Jurisdiction: cc__ 2' Hearing: cy 1/ 07 Notices Mailed: 1 Name of property owner(s): 2 3 4 4a Owner mailing address: 1 • X_ Name of applicant(s) if other than owner Applicant mailing address: e -mail address: • DO. e. 5 a kilt 6 Contact person daytime phone(s): ,� — _ 493 - 74.3 - 3 ;r Name of contact person (state relationsh : : Property address/directions to property: Cor nW f' �t{1,•' g i 7 N t) qLk- S-I-• OA Nt') C o, -ne-r Describe current use of property: vat_ a_ i_o 8 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. �V/ ve soT 9 10 Approx. acreage: D, • Is property in a platted subdivision? Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: 140 11 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: 13 North: Veke ck &* 6 Ealt: N t k, South: '!k S - West: a. 14 Existing zoning: m. ' Future Land Use classification 15 Request is for: ( Rezone ( ) Special Exception ( ) Variance 16 Parcel Identification Number: 3 15-37-35 _ ©D j 0._ D bq 10 - OHO a_ 17 Applicant's statement of interest in property Revised 7/08 Page 1 of 10 Revised 11/08 Page 2 of 10 18 on -re is a ° e app ication ee: • ezonmg '.: 1; pecia xception: '. 11; i anance: . 11; all plus $30 /acre Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. V '..." 19 Last recorded warranty deed q —1 rt'ger* t/ '" 20 Notarized letter of consent form property owner (if applicant is different from property owner) Nl A- Oil 21 Three property surveys (one no larger than 11" x 17 ") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre ✓ (°.-) (,) ( V) 22 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) ,.-- °� 23 ckd Affidavit attesting to completeness and correctness of the list (attached) °� ./ - -. ♦ - b ' 3t ' , -,� M1 } t F r l .. _. -. .- -4 r i ,' ♦ . Y'.{ Y x n ice' �Y sy 23 Current zoning classification:] m F Requested zoning classification -. . _ . 1'emmereI 24 What is the desired permitted use and intended nature of activities and development of the property? OkeeChcloee pha_A ci-"ie -act ini K. floL'1.S `�-0 bt.-i.td 0... Srnal off' +z-e bw0 d ■ ,l� 4 k is s i Vie. 25 Is a Special Exception necessary for your intended use? n(a 26 Is a Variance necessary for your intended use? }J 27 Applicant's materials addressing required findings for granting a rezoning (attach). °r INFO ° y S • ECIFICATZL� RELATING ' v �C)FAI, EX EP ON F k gin. 28 Describe the Special Exception sought: 29 Are there similar uses in the area? If so, describe them: k 30 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: Revised 11/08 Page 2 of 10 31 Applicant's materials addressing standards for granting a special exception (attach) Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Describe the physical characteristics of the property that make the variance necessary. Did you cause or contribute to the characteristic necessitating the variance? If so, describe: What is the minimum variance necessary? Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) I hereby certify that the information in this application is correct_ The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signature Printed Name Date Revised 7/08 %bed- ? Ei ed 9 -01 1 Page 3 of 10 Petition No. t -00.3 is Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of the assertions made to me by members of that Office that the information reviewed and information available to that office I therefore attest to this lr1 ,� ZDbGI a es o t is / 5t - day - -of Signature of Applicant Cnhe( Ti . Ger�� Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Swom to and subscribed before me this 1 day of L 7C} to me or produced •Personally known as identification and did not take an oath. ot Ty •ublic, State of Florida Revised 7/08 Seal: MARIA CHESSER Notary Public, State of Florida My comm. exp. Jan. 3, 2010 Comm. No. DD 503785 Page 8 of 10 Recorded in Okeechobee County 07/31/2008 03:53:08 PM Sharon Robertson O.R. BK/PG 00657/1723 2008008988 AMT 4,000.00 Doc Stamp 28.00 Tax Deed File No. 2008 -TD -066 Property Identification No. 3- 15- 37 -35- 0010 - 00410 -0110 TAX DEED STATE OF FLORIDA COUNTY OF OKEECHOBEE The following Tax Sale Certificate Numbered 2076 issued on May 31, 2006, was filed in the office of the tax collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was on the 31st day of July, 2008, offered for sale as required by law for cash to the highest bidder and was sold to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., whose address is P 0 BOX 1994 OKEECHOBEE FL 34973, being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. Now, on this 31st day of July, 2008, in the County of Okeechobee, State of Florida, in consideration of the sum of $ 4,000.00 Dollars, being the amount paid pursuant to the Laws of Florida does hereby sell the following lands, including any hereditaments, buildings, fixtures and improvements of any kind and description, situated in the County and State aforesaid and described as follows: LOTS 11 -12 BLOCK 41 CITY OF OKEECHOBEE Shar 7 Roberts ' ' Cl of Circuit STATE OF FLORIDA COUNTY OF OKEECHOBEE Q'tif = (Seal) ROBIN R. PARRISH, Deputy Clerk On this 31st day of July, 2008, before me NOTARY PUBLIC, personally appeared ROBIN R. PARRISH, Deputy Clerk of the Circuit Court or County Comptroller in and for the State and this County known to me to be the person described in, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and office seal date aforesaid. Wadde,/f/&ig' Ofrid4W.12 NOTARY PUBLIC Tax Collector's Certification 1 This is to certify that PINOT IV, LLC issued the 31ST day of MAY . 2006. located in the County of OKEECHOBEE DR -513 R.12 /00 Date of Tax Deed Application APRIL 15TH, 2008 . holder of Tax Sale Certificate Number 2076. and which encumbers the following described property State of Florida, to -wit: 3- 15- 37 -35- 0010 - 00410 -0110 LOTS 11 & 12 BLOCK 41 CITY OF OKEECHOBEE has surrendered same in my office and made written application for tax deed in accordance with Florida Statutes. I certify that the following tax certificates, interest, ownership and encumbrance report fee. and Tax Collector's fees have been paid: Certificates owned by Applicant and Filed in Connection with this Tax Deed Application: Certificate Number 2076 Date of Sale 05/31/06 Face Amount of Cert Interest 261.31 13.07 Total 274.38 Certificates Redeemed by Applicant in Connection with this Tax Deed Application: Certificate Number 1864 2520 Date of Sale 05/19/05 06/01/07 Face Amount of Cert. Tax Collector's Fee 193.73 6.25 Interest 245.77 6.25 90.40 12.29 Total 290.38 264.31 Amounts Certified by Tax Collector (Lines 1 - 7): 1. Total of all Certificates in Applicant's Possession and Cost of the Certificates Redeemed by Applicant or Included (County) 2. Total of Delinquent Taxes Paid by Tax Deed Applicant 3. Total of Current Taxes Paid by Tax Deed Applicant 4. Ownership and Encumbrance Report Fee 5. Tax Deed Application Fee 6. Total Interest Accrued by Tax Collector Pursuant to Section 197.542, F.S 7. Total (Lines 1 - 6) Amounts Certified by Clerk of Court (Lines 8 - 15): 8. Clerk of Court Statutory Fee for Processing Tax Deed 9. Clerk of Court Certified Mall Charge 10. Clerk of Court Advertising Charge 11. Clerk of Court Recording Fee for Certificate of Notice 12. Sheriff's Fee 13. Interest Computed by Clerk of Court Pursuant to Section 197.542. F.S 14. Total (Lines 8 - 13) 15. Statutory (Opening) Bid: Total of Lines 7 and 14 *Done this the 9TH day of MAY . 2008 Tax Collec pr ofOKEECHOBEE Date of Sale: By Total Amount paid 829.07 385.34 0.00 150.00 75.00 21.59 1,461.00 *This certification must be surrendered to the Clerk of the Circuit Court no later than days after this date. Okeechobee Asphalt & Ready Mixed Concrete, Inc. 503 NW 9th St. /P.O. Box 1994 Okeechobee, Florida 34972 Ph-863-763-7373/fax-863-763-7379 May 01, 2009 City of Okeechobee City Council Planning Board /BOA 55 SE 3rd Avenue, Room 101 Okeechobee, Florida 34974 Re: Rezoning application for Parcel 3- 15- 37 -35- 0010 - 00410 -0110 Dear Sirs, Okeechobee Asphalt & Ready Mixed Concrete Inc. has been under new ownership for just over two years now and we have diligently worked to improve the appearance of our property here at 503 NW 9th St. Last year we were fortunate to be able to acquire a lot just down the road from our location at the corner of NW 8th Ave. and NW 9th St. Parcel ID 3-15-37-35- 0010- 00410- 0110, which we have intended to build a small office building on in the future. We were under the impression when we purchased the lot in question that it was zoned commercial but we have since found that it is Residential Multi Family with the land use being commercial. We are requesting that the City Council along with the Planning Board grant us a rezone to commercial so that we can further contribute to the city's overall plan to help clean up the neighborhood. Thank you in advance for your time and consideration our request may receive. Respectfully, Robert P. Gent Vice President FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the Location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. A kale Revised 7/08 Page 4of10 Findings Required for Granting a Rezoning Answers from Okeechobee Asphalt & Ready Mixed Concrete, Inc. 1. No, Future Land Use for this location is Commercial. 2. Yes, the proposed use is Tight commercial. 3. No, it will only be used for a business office. 4. We feel the proposed use is appropriate for the area. This area is a mixture of Residential Multi Family, Commercial Business District and Industrial. To the West of this property is a Church to the East is the FDOT facility and on the Southeast corner is the concrete plant. 5. It will not decrease the property value in the area. If anything we feel it will help with the improvements that have been taking place in this neighborhood. 6. Yes, we will either use a fence or put up a hedge to keep this lot separated from the surrounding areas. 7. No, it will only be used as an office building. It will not overburden the public streets, schools or the utilities. 8. No, it should have no interference. 9. No, the proposed use is in line with the Future Land Use of this property. Apr 29 2009 15:40 OKEECHOBEE -LYNCH Property Owner Name: 863 - 763 -7379 Property Appraiser's Office Information Request Form for the City of Okeechobee Parcel Identification Number: Contact Person Name: Contact Person Phone Number: Requested items needed by: Project Type: (Circle OIIe) �or�- raptt_ .I5- rbtp -1�y !- i ., 95k air 1 Location Map 100' surrounding property from the outermost portion of subject property Surrounding Property Owners 300' from the outermost portion of subject property Variance Items Needed Location Map 100' =rounding property lams Needed from outermost portion of subject Location Map 100' sew Surrounding J property from the outermost 8 ' Property Owners 300' from portion of subject the outermost portion of subject property or fax it to the following Information is provided by the nkeechobee Property Appraisers Office. You may hand deliver this request form Special Exception Items Nar,iki Location Map 100' surrounding property from the outermost portion of subject property outermost Surrounding Property Owners 300' from the portion of subject property, p. 1 culla Future Land Use Map Amendment Revised 7108 Walt Taylor Okeechobee County Property Apprai Office 307 NW 5* Avenue Phone: (863) 763 -4422 Fax: (863) 763 -4745 Page 9 of 10 5' 5" Y Y' 5' Y.) '' 5' 5' 5' 5' '‘," '." Y" (" 5" 5' 5' (4(4 5" 5n 5n of CP 0) CP cn cn CP cn cn 0) 0) CP CP Cn cn cn CP 0) CP CD tn cr. 0) C4 6 6 6 6 (4 6 60 0) 6 6 63 6 60 6 60 6 6 60 60 CO 6 63 6 6 60 C* -;-4 V ".I -.1 V V "4 -4 "4 ■I V -.4 "4 V "4 V -4 ".1 "4 "4 -;.4 V V V "4 1.71 CO W 6 6 6 G) 6 6 6 6 6 6 6 6 6 6 G, GO 6 60 6 60 6 6 6 CO CO 6n ) 0 n P P C (7) tn CP CP cn CP 57 5n 5n 5n CP Cn CP CP CP 5 n 5n 5c 6 6 0 x 6 0 0 0 6 0 CD 0 0 0 C) 0 0 0 0) 0 0 CD cC CD 0 ), CD CD CD CD CD CD 0 ca > > ca 0 0 0 CD CD CD CD X, CD CD CD .-- ,s rn 0 6 CD C) 0 (D 0 CD CD CD 6 6 0 0 0 CD CD 0 0 0 6 0 0 0 -, CD CD c) cp 0 CD CD CD CD CD CD 7) 6 CD CD CD CD CD CD C7 CD c) CD CD 61 .N. 4, 6 ,, 4, 4, 4, NJ 4, ..• 4,, CD c) NJ 4, 4, 4, 4, NJ NJ NJ 6 4, 4, 4, 1:1 <7 CD 4, 0 CD CD CD C.) CD C) 0) ..... L, 6 CD CD CD 0 CO) 0 CD NJ 7.) <7 9 Z CD 6 6 6 6 6 6 6 6 6 CD 6 6 6 6 6 6 0 6 CD 6 6 CD C7 0 0 01„ C3 6 C7 C 7 CD C D CD C 3 CD 6 CD -s C D C 3 ND C D - CD - s 6 -s C C D ...., CD > 6 CD C, CD CD CD CD CD CD c) ca c::. 0 0 CD 0 0 0 0 0 CD 0 0 1, :Li 5.,'2. ::,,2 70 Z9 :9 0 il C (- ;,- 7,7- G) CD -n -n 11 0 0 03 CO CO CO CO ) -n 7) pj c) 2c 2c frIpi Z rn x z ,75. .-rii 0 cn cn cn c) g 73 --I 0 0 0 ta c_; cc; > 8 8 cc; ,:ili 7, r,-, : ]: :,:: ....,,,occ-67„,zzomr..,..,-,,,,„„0...__>>> ...., 70 x 70 CO j rn 4: -1 rn j; cn cn cn 11 > 0 -i -i 0 M r- -1 rn > -, _.< g CD CD CD 73 C3 r- < C7 CD CD iii rn cs) c- , r) nn r- -, rn >rric- 2 53 :2 ''''''; --i-T-:: m 3= f..! ! x I* › › z,-sor- - n co --I Mm-4,0 .-4 0 -0> -0> -0> ZM CC) -09* Z 'D > r- rn > > --1 0) --.1 -I -A 0 K., rrt A:t :7 ) rn (73 co co z 1 M --i K m --i --i --I > M z z > > > ( ) - 0 7 3 X -< > -< ....., C ...1... M 03 (CI:) iii.7), ir>4 g (..7.)i' (:3. 6 i■i nii E il ii ..3 9, 2 i',1 17 -(-3 -..',i g tli g fg z z 2! 7E N) 4\ 4' -' Z ;! cu c) co C: co .: co (,) r.ri 5**<ZZZCD*Om0X**OZO3 5ii mo.--• rn rn (0 n) (0 CA CO -, Z QD "ss CO Z NJ -L N3 F .), rn nn 614; 10 Z CO OU -I -' "' -L 0 --1 -A rn -,- -2 c) 0 CD -11 C3 ,--' Ln - :c ...i -r < ,..., --1 51 5g 3: > -4 GO S:,:.' " FR 4 ,rii Li Z 0 (4 -L ^, ,, c) * -4 0 ,- `,;..; 0 0 < rn ril < ''''' m rn x >7J- xjrnmm_, , t , 7; xrn mm --i z ,r.2 _ m , -‹ -4 -1 VI m s'-' 171 r-Fi > > "2 X 0 0 22 0 0 r- < 23 2'5 M m 74 0 0 . I 0 c? odd z 0 0 X X 0 c 0 0 C, 70 7J 1:1 (l) w G) OOPZ X08 0 d OOI3X080d 0 In Cd an 0 m > 0 -1 c- (-- 0 0 0 0 0 0 0 0 0 0 0 c,!,) C 0 0 0 cf) 0 0 0 0 0 A 1-00mmmmmmmm--imm0 mmmm>mmmmmw xAmmmmmmrrimX,mm>mmmmcmmmmmo, -- 5 0 0 " 000 C 0 0 C 0 C Cx C 00 c '- 0 0 00 01'1 :c :4 cnz FL-0000000 w °°O0000)00000 cn --< ....%-• CO CO CO 03 CO CO 03 Q CO co 0 o3 co co co co co 03 03 < rn r- r- rn rn rn rn rn rn m rn m m z rn m rn n1 2 rn rn rn rn rn := rn rn rn rn rn m rn nn m nn rn rn m lit m rn rn nn in rn rn LU 4! 11 -n ln nn -n -n -n 11 -n -n -n E: -in -n nn -n -n -n -n -n -in -n -n -n -n .0 r- r- r- r- r- r- r- r- r- r- r- -- r- r- r- r- r- r- r- r- r- r- r- r- r- co co css c.,) (..a Co Ca CO W W (.1 6 6 Co 4, 6 Co Co Co co 6 La co c,a ca Ca ca ca 0 NJ 6 6 4, ... I, .. ,.. .,, .. .b. CV 1, ., 0) s%, 4, .b. 1, NJ sS ,b, 6) NJ NJ co (0 CID QD ) (7) CO 4, (0 (7) QD (7) 0 (0 CD (0 QD QD $f! ,4 "4 "4 -4 -4 --4 -4 -. -4 -4 CO "4 ^4 "4 -,1 O V "4 4 "QD N NJ N NJ NJ NJ a N) N ,) p N o co co co . no 0) N ra .a. ra 0, CO CD CD C7 NO N) CD 6 CO NJ CD NJ N3 NJ CD 11 cn 6 CD CD CD CD 0 CD 0 .-- CD 4, 4, CD - 0 4 C C D NO s) C 7)) CD PO C 0 0 53 D i 0 C7) c ca D (73 (73 C CP cn 01 0 6 6 ,4 5> :‹ abed '6OOZ /6Zi17 'aaiy; 31537350010302500233 24 25 Ph 5 4 3 153735nt0n28m070 8 P-5 315.. 35001000260020 315313500100026000L0 2 31537353010302500090 10 34537350010002600110 11 12 2 01 3 37353040004200030 3153735/010301200010 2 1 24 25 26 31537'50010004$00010 3 2 24 25 26 3197350010002630100 31537350040002600120 3tE 31537350010304100050 6 5 3735mt03011m310 4 31537350010004101X i 3 31537350010004t00Q10 30 2 1 31.537353010304103070 7 8 9 10 11 12 315373030t03041001 15373 5 3 6 001000 .53735001000440Q037 5 4 3 4400060 3500100044000 2 1 315373660100440000 1 Q15 0 7151001 OO141400110 3153735001000440007A ?1637350A00000010000 ( 2) 21637359A01E0020000 6 5 6 7 216:7350A00000030 00 [ 33 3A 1 3t53MW01000450000 2 44 4 5 3t537350013004530050 6 0 0 CD LO 1 7350010006600010 1 31'3 350010006500010 31537350010006400210 5 ( BOUNDARY SURVEY PREPARED FOR OKEECHOBEE ASPHALT 8c READY MIXED CONCRETE, INC. DESCR /P TION: LOTS 11 & 12, BLOCK 41, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) PARCEL ID: 3- 15- 37 -35- 0010 -00410 -0110. 3) F..1. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES WHIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) 7HE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER . THAN 7HE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA 7E OF LAST FIELD SURVEY 05/05/09. LOT J LOT 2 BLOCK 41 1 BLOCK 41 PROJECT SPECIFIC LEGEND: WPP = WOOD POWER POLE TEL = TELEPHONE PEDESTAL 4cS.W CORNER OF BLOCK 41 FOUND 5/8" IRON ROD & CAP "TOPS LB 6719" KIOGrir 0 15 30 SCALE IN FEET MAP SCALE 1 INCH = 30 FEET INTENDED DISPLAY SCALE (BEARING BASE) S 139'40'21" W 200.04r4 200 (P) LOT 10 BLOCK 41 K i N 0020'14" W 20' ALLEY LOT 1 BLOCK 41 N 89'39'44" E 100.011(C) 100'(P) WPP FOUND 5/8" IRON ROD & CAP "TOPS LB 6719" OF -BANK $PP TOP OF BANK SET 5/8" IRON ROD & CAP "/CAB LS 4820" TOTAL PARCEL CONTAINS =0.32 ACRES (VACANT) LOT 11 BLOCK 41 FOUND 5/8 " IRON ROD & CAP "WS LB 6719" OHW TEL SWALE LOT 12 BLOCK 41 SET 5/8" IRON ROD & CAP KAB LS 4820' S 89'40'21- W DHw 100 02W _1QQ'(E) I CUL VET ti :ONCRETE SIDEWALK 0 - 35.0' TEL OHW WPP CATCH BASIN EDGE OF ASPHALT N. W. 9TH STREET 1 (ASPHALT ROAD) 70' R/W FOUND PK NAIL & DISK "3542" 0.17' W. EDGE OF ASPHALT OH ti 2 OH O• STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. DESCRIPTION BOUNDARY SURVEY DWG. DATE 05/06/09 BY WC CK KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB /PG: 254/20 -21 SCALE: 1" = 30' BEARING REFERENCE: THE N. R/W OF N.W. 9TH ST. IS TAKEN TO BEAR S 89'40'21" W TRADEWINDS SURVEYORS & MAPPERS, INC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: twps@embarqmail.com XrAm..4i4 ,' Kenneth A. Breaux, Jr. (PSM 4820) FILE: 23155 JOB NO: 23155 LEGEND 0 —Set Iron Rod and Cap "KAB LS 4820" 0—Found CM • —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS B= Baseline; BM= Benchmark; CL=Centerline; C =Calculated; CATV =Cable TV; CM= Concrete Monument; CONC =Concrete; D =Deed; A =Delta or Central Angle; E =East; E'LY= Easterly. E/P =Edge of Pavement; ESMT = Easement; F.I.R.M. =flood Insurance Rate Map; FND= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH= Manhole; N= North; N'LY= Northerly. NGV(D)= National Geodetic Verticol (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; Q=Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency; PU &D =Public Utilitly and Drainage; R= Radius; R /W= Right -of —Way. S= South; S LY= Southerly, T= Tangent; TEL= Telephone Splice or Switch Box; W= West; WLY= Westerly. UTIL = Utility(ies); )' =Spot Elevation based on indicated Datum. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning &T Manauement Services, Inc. Staff Report Rezoning Request Prepared. for: City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09-003-R From: RMF To: CLT Staff Report Rezoning Request Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09 -003 -R General Information Owner: Owner Address: Owner Phone Number: Applicant: Alternate Contact: Applicant E -mail: Future Land Use Map Classification Zoning District Use of Property Acreage Okeechobee Asphalt & Ready Mixed Concrete 503 NW 9th Street P.O. Box 1994 Okeechobee, FL 34972 863- 697 - 2621/863 -697 -9510 or 863 -763 -7373 Robert P. Gent, Vice President Jackie Palmer jjp1118 @yahoo.comor bgent59 @yahoo. com Existing Commercial RMF Vacant lot 0.321 acres Proposed Commercial CLT Office Building 0.321 acres Location: NW Comer of NW 8"' Avenue and NW 9th Street. Legal Description: LOTS 11 & 12, BLOCK 41, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The Applicant requests a zoning change from RMF (Residential Multi- family) to CLT (Light Commercial) for approximately 0.321 acres of land located from on the northwest corner of NW 8th Avenue and NW 9th Street. The Applicant intends to build a small office building on the vacant lot. 1 Staff Report Rezoning Request Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09 -003 -R Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning. District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family Residential RMF Vacant Multi - Family Residential RMF Single Family Residence Single Family Residential RMF Vacant; Single- family to SW Single Family Residential RMF Vacant General Comments: The subject property is the only lot in the immediate vicinity to have been designated Commercial on the Future Land Use Map. Properties to the north, south and west are all designated either Single - Family or Multi - Family Residential. In fact all of the properties in the immediate vicinity are zoned RMF except for the railroad property to the west which is zoned Holding. We are not sure how or when the subject property received its Commercial Future Land Use designation, but having been so designated only commercial zoning will be consistent with its Future Land Use designation. The only other property north of NW 8th Street and west of NW 8th Avenue that has any form of commercial designation is the Church of God by Faith at the comer of NW 11th Street and NW 9th Avenue which is designated Single - Family and Multi - Family on the FLUM but is zoned CHV. Analysis: Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has submitted a series of brief responses addressing these criteria. For ease of review, we have included the Applicant's responses followed by Staff Comments in bold typeface: 2 Staff Report Applicant: Okeechobee Asphalt & Ready Mixed Concrete Rezoning Request Petition No.: 09 -003 -R 1. The proposed use is not contrary to Comprehensive Plan requirements. "No, Future Land Use for this location is Commercial." We agree with the Applicant's response in that one form or another of commercial zoning is the only zoning that will be consistent with the City's Future Land Use Map. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "Yes, the proposed use is light commercial." We agree to some extent with the Applicant's response. However, if more of the surrounding properties were designated for commercial use in order to provide for a neighborhood commercial node offering local convenience oriented commercial goods and services, we would feel that CLT would be more appropriate. However, given the fact that this property represents an "island" of potential commercial use surrounded by lands designated for residential use, we feel that the least intensive commercial zoning district would be more appropriate in order to minimize any potential impacts upon future residential development on the neighboring properties. This would indicate rezoning to CPO. The CPO district will also allow the Applicant to operate a business office as expressed in the application. 3. The proposed use will not have an adverse effect on the public interest. "No, it will only be used for a business office." We agree with the Applicant's response, and foresee no adverse affect on the public interest 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "We feel the proposed use is appropriate for the area. This area is a mixture of Residential Multi Family, Commercial Business District and Industrial. To the West of this property is a Church to the East is the FDOT facility and on the Southeast corner is the concrete plant." While the property is not really close to any central or commercial business district, and we have some doubts as to whether or not the proposed use is specifically appropriate for the immediate area, its commercial designation on the FLUM does indicate future commercial use and we believe it can be compatible with future residential use in the immediate vicinity. 3 Staff Report Applicant: Okeechobee Asphalt & Ready Mixed Concrete Rezoning Request Petition No.: 09 -003 -R 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. "It will not decrease the property value in the area. If anything we feel it will help with the improvements that have been taking place in this neighborhood." Land in the general vicinity is a mixture of vacant land and residential development to the west and increasing intensity in the form of light industrial to the east. We do not disagree with the Applicant's statements. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. "Yes, we will either use a fence or put up a hedge to keep this lot separated from the surrounding areas." We agree that a business office can provide suitable buffering to protect nearby neighbors. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. "No, it will only be used as an office building. It will not overburden the public streets, schools or the utilities." We agree with the Applicant's response. Given the limited size of the property and the nature of the proposed use, we do not envision there to be much chance of significant negative impact upon public services or facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "No, it should have no interference." We agree that, given the limited size of the property and the nature of the proposed use, it should not create traffic congestion. Drainage issues will be addressed during site plan review, but no inordinate drainage problems are considered likely. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "No, the proposed use is in line with the Future Land Use of this property." We agree with the Applicant's response. 4 Staff Report Rezoning Request Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09 -003 -R Recommendation: Although the requested CLT zoning is not necessarily inappropriate, based on the foregoing analysis Staff believes that CPO zoning is more appropriate in that it minimizes the potential impacts upon adjoining properties designated for residential development while still providing the Applicant the opportunity to achieve the stated purpose of the rezoning; i.e., to operate a business office. Consequently, Staff recommends rezoning the property to CPO rather than CLT. Submitted by: James G. LaRue, AICP August 10, 2009 Planning Board hearing: August 20, 2009 - City Council Hearings: (1st) September 1, 2009 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 5 Staff Report Rezoning Request Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09-003-R City of Okeechobee Future Land Use Map ',ZZ,,,t24.7!.:1,Y1f4r ' ■ r-----4 . 2 0 29 Future Land Use ista SINGLE - FAMILY muLn - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACIUTIES a.= Subject Property Staff Report Rezoning Request Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09-003-R City of Okeechobee Zoning Map I I 1 1 twa:'-amm=24.4;t4 11111411 ZONING H RSFT RMH RSF2 RMF CPO CLT CBO CHV IND PUS PUO-R PUO-M I•11 1 E. Subject Property 7 Staff Report Rezoning Request Applicant: Okeechobee Asphalt & Ready Mixed Concrete Petition No.: 09 -003 -R Okeechobee County Property Appraiser's Aerial MF = Multi - Family Residential MX RES = Mixed Use Residential V = Vacant Lot SF = Single Family Residential = Subject Property 8 ityo 0 eec o.ee General Services Department 55 S.E. r Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 • etition " o. Fee Pa .: Jurisdiction: 1s` Hearing: 1 O 2' Hearing: leo Publication Da es: Notices Mailed: 1 Name of property owner(s): A- —,' ,44:740 4.) /'g /1.: 2 Owner mailing address: 7 a - J- 3 Name of applicant(s) if other than owner 4 4a 5 Applicant mailing address: -rm e -mail address: Gf O,P..icc '1 B/77 Name of contact person (state relationship): , 6 7 8 9 10 11 12 13 14 Contact person daytime phone(s): - 6 - // o i z, Property address/directions to property: O,c °'¢,vc›.6 ° ,.954 P7 Describe current use of property: Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Approx. acreage: a 3a Is property in a platted subdivision? u Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: i ✓o Is a pending sale of the property subject to this application being granted? ,L/c, Describe uses on adjoining property to the North: North: G'amr> 4C East: , ' €rS /L -A'Ti.o . South: Gan7n.�2e,,o/ West: L/o 7NisfrvF c ix77 Existing zoning: BPS' 1 / Future Land Use classification d. 15 Request is for: (kV) Rezone ( ) Special Exception ( ) Variance 16 17 Parcel Identification Number: 3 I 3 7 .._ 35-- 00 2_ ca.z c, .. oo r� Applicant's statement of interest in property oc_eJi._) .G'it, 2aU�T /,C otC2.- � ¢ l.�G'c•Y -lb /17c if T Ica Revised 7/08 Page 1 of 10 18 Non - refundable application fee: Rezonin $850;pecial Exception: $500; Variance: $500; $30 /acre ( all plus Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed 1/ 7/c2/0 20 Notarized letter of consent form property owner (if applicant is different from property owner) • 21 Three property surveys (one no larger than 11" x 17 ") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre q/ (/ ) ( —) ( 22 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) v rI /21 l ' J 23 Affidavit attesting to completeness and correctness of the list (attached) if* 23 Current zoning classification: Q c j Requested zoning classification .. p 24 What is the desired permitted use and intended nature of activities and development of the property? "Q�C'c' -eJTi.JC c,-47:e: 25 Is a Special Exception necessary for your intended use? AL/Q 26 Is a Variance necessary for your intended use? mot/ o 27 Applicant's materials addressing required findings for granting a rezoning (attach). e0 48-A-AS'U pi `o% ,l✓ -7,U75 P/2QP �T' /S- .5-4 7-0 —GA C'O ) INFORM N =S ECIFICALLY RELATING TO `A S3"ECIAL EXCEPTION _ 28 Describe the Special Exception sought: r 29 Are there similar uses in the area? If so, describe them: 30 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: Revised 11/08 Page 2 of 10 111A 33 34 35 36 39 Applicant's materials addressing standards for granting a special exception (attach) Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Describe the physical characteristics of the property that make the variance necessary. Did you cause or contribute to the characteristic necessitating the variance? If so, describe: What is the minimum variance necessary? Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signature Printed Name Date Revised 7/08 Page 3 of 10 Prepared by and retum to: JOHN D. CASSELS, JR. Partner CASSELS 8 MCCALL 400 NW 2nd Street Okeechobee, FL 34972 File No.: 5080 Parcel Identification No. 3- 21 -37 -35 -0020 -02160 -0010 [Space Above This Line For Recording Data] R 411111111111111111111111111 FILE NUM 2009005127 OR BK 00669 PG 1957 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 05/13/2009 02:20:14 PM AMT 75,000.00 RECORDING FEES 10.00 DEED DOC 525.00 RECORDED BY M Pinon Ps 1957; (1p9) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 13th day of May, 2009 Between SEACOAST NATIONAL BANK, a national banking institution duly organized under the laws of the United States whose post office address is 815 Colorado Avenue, Stuart, FL 34995 of the County of Martin, State of Florida, grantor", and COREY P. MILLER and LAUREN P.C. MILLER, husband and wife whose post office address is 709 SE Hidden River Drive, Port Saint Lucie, FL 34983 of the County of Saint Lucie, State of Florida, grantee ", Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1 and 2, Block 216, FIRST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5, Page 6, of the Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor' and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 1st W'Ifness- Signature 1--�- 1st Witness -Print Name 2nd Lr Witness-Signature Sa Le 2nd Witness -Print Name State of Florida County of Martin '' The foregoing instrument was acknowledged before me this fl day of May, 2009 by MICHAEL L. SCHIAVONE, Vice President of SEACOAST NATIONAL BANK, a Florida corporation, on behalf of the corporation. He is personally known to me or [j has produced as identification. ✓ [ Notary Seal ] �, CX-q r V No c Printed Name: 1- .t-A.n• My Commission Expires: SEACOAST NATIONAL BANK, a Florida Banking corporation BY: MICHAEL L. SCHIAVONE, Vice President LYNNE P. RAGAll1 Notary Public - State of Florida ` •1 My Comm. Expires Dec 7, 2012 Commission # 00 035371 Bonded Through Notional Notary Ann. 0 ( Next Higher Parcel » Interactive GIS Map ) Property Card ) Okeechobee County Property Appraiser CAMA Updated: 6/18/2009 Parcel: 3-21-37-35-0020-02160-0010 « Next Lower Parcel Owner & Property Info ( Parcel List Generator Owner's Name MILLER COREY P & LAUREN P C Site Address 110 SE 4TH ST, OKEECHOBEE Mailing Address 709 SE HIDDEN RIVER DRIVE PORT ST LUCIE, FL 34983 Description 1ST ADDITION TO CITY OF OKEECHOBEE LOTS 1 & 2 BLOCK 216 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.309 ACRES S/T /R 21 -37 -35 Neighborhood 518650.00 Tax District 5o DOR Use Code SINGLE FAM (000100) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863 - 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $52,069.00 Ag Land Value cnt: (0) $0.00, Building Value cnt: (1) $45,849.00 XFOB Value cnt: (1) $1,898.00 Total Appraised Value $99,816.00 Sales History GIS Aerial 2008 Certified Values Retrieve Tax Record Print Search Result: 1 of 1 imitaionsliatimemzimmL 2008 Certified Values Just Value $99,816.00 Class Value $0.00 Assessed Value $99,816.00 Exempt Value $0.00 Total Taxable Value $99,816.00 r Show Similar Sales within 1/2 mile Sale Date Book/Page Inst. Type Sale Vimp Sale Qual Sale RCode Sale Price 5/13/2009 669/1957 WD I U 12 $75,000.00 1/12/2009 664/1073 CT I U 12 $40,000.00 4/1/1994 354/1399 WD I U 03 $52,600.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 1 SINGLE FAM (000100) 1952 1501 1870 $45,849.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) FIRE 2 1STORY C D 2005 $1,898.00 1.000 0 x 0 x 0 PD (70.00) nd Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067SP8 SO SIDE ST (MKT) 95.000 FF - (.309AC) 1.00 /1.00 /1.00 /1.00 $548.09 $52,069.00 Okeechobee County Property Appraiser Search Result: 1 of 1 CAMA Updated: 6/18/2009 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ 1 Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements.'---1--- 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest.. —' 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property —„ 6. The proposed use can be suitably buffered from s urrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood �--� 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.�� 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 Petition No. 0 ? - 7C e Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of N z , 2 and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this z day of Signat of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee i L Dte Sworn to and subscribed before me this day o , �Or°J` .Personally known to me or produced br, ve r- _t'ee,,. S Q__ f: s ide fication and did not take an oath. Revised 7/08 Seal: BETTY J. CLEMENT _�.��`�►'" Comm# DD0840344 Expires 2/72013 *SF Florida Notary Assn., Inc Page 8 of 10 N N N N N r) t) !V N N £) N N NNNN iV N N NNN N N (f) -a �) -a -,i �{ -a -.) --) -a -'-J-' `{ ^a -•t v -a -.) -a -) -.) is (a(:a( ( () ()( (a (at wis4(wwwp (n 0 (n (n (n (n (n s (n (n (n (n s (31 s (s (n (r (n (n (n (n (n to (n o000000000000000000000000< O b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -- N N N I') N N N N N P430 N N 0 N N N N N N N N N N N m Oq 0(3 C)0 G q 0 0 0 g q 0 O O G 7 C 7 O O 99 0 O q+� O :7 0 (5 o J 0 (3 q "D 3D 0 'D (D 0 (3 CD 0 0 'D 'D CO 0 O 0 v N N tV NNNN N N-' N N N N N N N N N N NN NN 0133 . 00000000 N 0 0N 0N N0 (3003)00(0( :) (3' (33 O W J 0 0 b b O O O 0 0 0 (3 (3 (3) (3 b 0 0 (3 0 O b b 0 { ' T} 0 "y' 000000000000000000000000 { O0 b0- b O O-. (3)0 ( 33 0- 0 0 0 0 3D O O (3 ( 7 O O 0 0 O a q N 0 O -+ O �l q W 0 0 0 O (0 q W O - b N 0 0 0 0 0 q W 0 0 0 0 0 N 0C� n m .,i07r)�O �CA�CwCO�'��t?t70:�UOZ.D o 5G'.<< {'S,Or- ,Tif�-rrr J` � fj.,-' S. T• �7.- i<`. � -`'4i''- �c'�"`.m?�3�pcy'r -:-p�' C7 nmsr? -{D m ntn07 �ZOs_�r`jrr- ffi rr- G -Ivrr� Zsrrt n{,�i O Wi vrGm ;rr `n n r :N>x> "'� `r', mZ V n '�"J m rn �Z - ,m��rnc:-,n n •.,.- i rf a� Z Z 0 < > r'n r 0 m z m0u rn Z Z r-> o > Z 0 m 0 3() '°O 3°C'm0 .3D30 00(n '.000N) 0zCmm oam >rn z <rn c- m m Z m < m o O m 3V 331. m Ow : m m ,-- 1cVMIS€ MStrBOZ N -m{ m rC o H n1 ,"p (n rn i c s O w rn 0 0300000 0 0000000000000000 O fJ m T.m mT mm ^v iT. T30 C O T. m n m m m m m m m m m 3» mmmmmmm-- {mmrrr mmmmmmmmmmmm o 0 0 0 0 0 0 f C)mmm000000000030rn w i = 0 30a = x z z =zs =� mmmmmmm'mm> mmmmmmmrmmmm .� mmmmmmmmmmrn rnrnmmmrrirsi "rrrlmmr.rrrnmrnmmmmrnmmrnmr m ii n 1 s; m m -fl ; ; .� =-? ={ 11 T1 n r m i Ti '1 n `n -it o r -s-rs- r °s-s -rr -; ZZZrs--rrr- rrr- s-rrr� (4 0) W W (4 (4 (4 (4 (4 (4 (4 W w W w ' (a(aW (4W W W •a cawwaa. (3- «a «a.n v -s -.om« «.(3 «a (3- - 0 - - - n (. (30 (-0 U (� 0 (K) i (.y3) (v3) (3) (.D ,) (.(3) l (--4 . W -, W _1 (.y 0 (v3) (- 3) i (.�3) (v C) (-3a ) (4) a (v 3) (3'0 (�0 (v3) (vf) ) N 3D (3 a s b o a � 0) b (n 0 ) • a a - { G 04 tr ' m N. W. CORNER OF BLOCK 216 FOUND 1/2" IRON PIPE (NO I.D.) BOUNDARY SURVEY PREPARED FOR COREY & LAUREN MILLER S. E. 4TH STREET_ — 1 (ASPHALT ROAD) 100' R/W EDGE OF ASPHALT FOUND 4X4" CONCRETE (BEARING BASE) MONUMENT (NO 10.) N 8986'19` £ 204. B4 rM) 205.00 (P) K1E1:7713=0 0 15 30 SCALE IN FEET MAP SCALE: 1 INCH — 30 FEET INTENDED DISPLAY SCALE 2' 1410E CURB & GUTTER FOUND 5/8" IRON ROD & CAP 2084" 0.7'S. &07'E. N 8956'19" E 95.00' FOUND PK NAIL & DISK HOOVER 4276" 0.36' N. 3 FOUND 1/2" IRON PIPE (NO ID.) 0.1'S. &0.2'E. DESCRIPTION: LOTS 1 & 2, BLOCK 216, FIRST ADDITION TO OKEECHOBEE FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF OKEECHOBEE ,COUNTY, FLORIDA. LOT 3 BLOCK 218 N 00V0'00- E 1 STORY RESIDENCE 30.5' CONCRETE LOT 2 E'LOCK 216 'TOTAL PARCEL CONTA /NS ±0.31 ACRES i I S 89'55 38" W 95.00 15.8' SET 5/8" IRON ROD & CAP ....."KAB LS 4820" N 24.8' 1. = SEPTIC TANK h 40.9' - -- 0 O 3 WATER A at-- METER LOT 1 BLOCK 216 0 — 35.0' — CJI FOUNI 1/2" IRON FOUND 5/8" IRON PIPE 190 ID.) 15' ALLEY ROD & CAP 2084" 0.2'5 & 0.2' W. 02' 5 & 0.2'£ LOT 10 BLOCK 218 LOT 11 BLOCK 218 LOT 12 BLOCK 218 0 CPP ANCHOR OHW — PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) SITE ADDRESS: 110 S.E. 47H STREET. 3) PARCEL ID: 3- 21- 37 -35- 0020 - 02160 -0010. 4) F./.R.M. ZONE' ZONE UNDETERMINED, PARCEL LIES WHIN THE OKEECHOBEE CITY LIM/TS. 5) THIS SURVEY IS NOT INTENDED TO DEP /CT ✓UR /SD /C77ONA L AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED 14f7HOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7) DA 7E OF LAST FIELD SURVEY 05/04/09. PROJECT SPECIFIC LEGEND: CPP = CONCRETE POWER POLE 7FL = TELEPHONE PEDESTAL STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are encroachments except as shown. No attempt was made to locate underground improvements and /or encroachments (if any) as survey was prepared in accordance with minimum technical standards established L the Florida Board of Surveyors and Mappers _pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: COREY P. MILLER LAUREN P. MILLER SEACOAST NATIONAL BANK, ITS SUCESSORS AND /OR ASSIGNS, ATiMA CASSELS & MCCALL ATTORNEY'S TITLE INSURANCE FUND HW — performed by the surveyor. for use by others not no visible above ground part of this survey. This (Chapter 61G17 -6, F.A.C.) DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 05/05/09 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE S. R/W OF S.E. 4TH ST. IS TAKEN TO BEAR N 89'56'19" E FB /PG: 254/13 -15 SCALE: 1" = 30' TRADEWINDS SURVEYORS & MAPPERS, INC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: twps@embarqmail.com Kenneth A. Breaux, Jr. (PSM 4820) FILE: 23154 JOB NO: 23154 LEGEND 0 —Set Iron Rod and Cap "KAB LS 4820" 0—Found CM • —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS II= Baseline; BM=Benchmork; CL= Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC= Concrete; D =Deed; £ =Delta or Central Angle; E =Eost; E'LY= Easterly. E/P =Edge of Pavement; ESMT= Easement; F.I.R.M. =Flood Insurance Rate Mop; END= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cop); L =(Arc) Length; M= Measured; MH= Manhole; N= North; N'LY= Northerly, NGV(D) = National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; I = Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency PU &D= Public Utilitiy and Drainage; R= Rodius; R /W= Right —of —Way, S= South; S LY= Southerly. T= Tangent; TEL = Telephone Splice or Switch Box; W =West; W'LY= Westerly. UTIL= Utility(ies); ...06-=Spot Elevation based on indicated Datum. • • • • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planninz : lana`ement Sen ices Inc. Staff Report Rezoning Request Prepared for: City of Okeechobee Applicant: Corey & Lauren Miller (Accounting Office) Petition No.: 09-004-R From: RSF 1 To: CPO Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09 -004-R General Information Owners /Applicants: Owner Address: Owner Phone Number Owner /Applicants E -mail Future Land Use Map Classification Zoning District Use of Property Acreage Corey & Lauren Miller 709 SE Hidden River Drive Port St. Lucie, FL 34983 863- 634 -7776 corey@bmhtaxes. com Existing Commercial RSF1 Single Family Residence 0.309 acres Location: 110 SE 4"' Street, Okeechobee, FL 34974 Proposed Commercial CPO Office Building 0.309 acres Legal Description: LOTS 1 AND 2, BLOCK 216, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The Applicant requests a zoning change from RSF1 (Residential Single Family) to CPO (Commercial Professional Office) for approximately 0.309 acres of land located at 110 SE 4th Street. The Applicant intends to operate an accounting office at this site. 1 Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09 -004 -R Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Ma p Zoning District: Existing Land Use: East: Future Land Use Map Zoning District: Existing Land Use: South: Future Land Use Map Zoning District: Existing Land Use: West: Future Land Use Map Zoning District: Existing Land Use: Classification: Classification: Classification: Classification: Commercial CHV Vehicle Sales Lot Single Family Residential RSF1 Vacant Commercial CHV Office Building Commercial RSF1 Retail Stores General Comments: The subject property is located within one block of US 441 and, with very few exceptions, similarly situated parcels are not only shown as commercial on the Future Land Use Map (FLUM) but are also zoned commercially. The CPO district is the least intensive commercial district to which property can be rezoned. Analysis: Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has stated that each of the required findings is "true" relative to the requested rezoning of the subject property, but has not otherwise presented substantive responses to the various conditions upon which the Planning Board must make deter- minations. As is customary, Staff comments on each of the conditions follow: 1. The proposed use is not contrary to Comprehensive Plan requirements. The property is designated Commercial on the Future Land Use Map and the request for CPO zoning is consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. An accounting office is an authorized permitted use in the CPO district. 2 Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09 -004 -R 3. The proposed use will not have an adverse effect on the public interest. In Tight of the current pattern of development in the immediate area, (i.e., commer- cial uses on all adjacent properties to the west, north and south, and the types of permitted uses associated with the CPO district, combined with the relatively small size of the subject property, Staff does not foresee the likelihood of any adverse effects upon the public. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. With very few exceptions, properties located between US 441 and 2nd Avenue are designated Commercial on the FLUM and most of these are commercially zoned. All of the other properties on this block are in commercial use. The proposed use, as well as other permitted uses in the CPO district would normally be considered compatible with the adjoining residential development to the east. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. Because the first block east of US 441 is consistently developed in commercial uses and residential uses typically border these uses at the periphery of the blocks, neither the proposed office use nor other uses permitted in the CPO district are expected to adversely affect living conditions or property values. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. If necessary, uses permitted in the CPO district can be suitably buffered from the residential uses across SE 2"d Avenue to the east. In the event a special exception use was to be requested in the future, any approval would likely be accompanied by conditions to ensure compatibility with and buffering of nearby residential uses. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. Density is not a consideration in the commercial districts. Given the limited size of the property and the nature of the proposed use, we do not envision there to be much chance of significant negative impact upon public services or facilities. The specifics of the demand for public facilities and services and traffic impacts will be considered during the site plan review stage. 3 Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09 -004 -R The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Given the limited size of the property and the nature of the proposed use, it should not create traffic congestion. Drainage issues will be addressed during site plan review, but no inordinate drainage problems are considered likely. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. We are aware of no special burdens that would unnecessarily restrict development on this subject property. Recommendation: Based on the foregoing analysis, Staff recommends approval of the applicant's request to rezone the property from RSF1 to CPO. Submitted by: James G. LaRue, AICP August 10, 2009 Planning Board hearing: August 20, 2009 City Council Hearings: (1st) September 1, 2009 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 4 Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09 -004 -R City of Okeechobee Future Land Use Map SW. a RD STREET S.W. 4 fl H srREEr r cs r ui D SW_ 5 rH STREET S.W. 6 T STREET Future Land Use 5 4 3 2 1 6 5 4 3 2 1 SINGLE FAMILY IIU LTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES D = Subject Property 5 Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09-004-R City of Okeechobee Zoning Map 7:-) = Subject Property 6 Staff Report Rezoning Request Applicant: Corey & Lauren Miller Petition No.: 09 -004 -R Okeechobee County Property Appraiser's Aerial SF = Single Family Residential V = Vacant Lot = Subject Property 7 NDEPENDENT _ _ mum NEWSPAPERS OKEECHOBEE NEWS 107 S.V. 17th Street, Suite D, Okeechobee, FL 34974 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Floa, that the attached copy of advertisement being a- u�-`i1 ac Q in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1L1 /000 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 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this �t(J�day ofAb-- -S - AD d1 Notary Public, State of Florida at Large cc5 .e_o ''a.�ijiJl;� Angie Bridges :Commission #DD779718 =` Expires: APR. 20, 2012 BONDED THE1J ATLANTIC BONDING Cc., erc. (863) 763 -3134 NOTICE OF CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING will be held before the City of Okeedtobee Planning Board/Board of Adjustment and Appeals on Thursday, August 20, 2009 at 6:00 pm. or as soon the as possible. The meeting will be held at CI Hall, 55 Southeast 3rd Avenue, In the Council Cham- bers, Room 200, Florida. To consider a request to change the Zoning District from Residential Nul- 0 e Family ((fS5RM to Ught Commercial (COLT) for Petition No. 09-003-R. Theepproopenty Ilooated on the comer of and NW Avenue. Legal description: Lots and Okeechobee, r and in Plat Book 5 t Records of County, and is approtdmatey 0..321 acres. A copy of the agenda may be obtained from the City website .. or contact the General Services Department, 9ben.com, (863) 763 -3372 x 218. The Planning Board ma recomnmerdadons to the City Coundl for consideration and final adoption tentapWveelpy scheduled for liresday, September 15, 2009. Ail members of the public are ed In its entirety in the General SeMaar�r attend and partidpate may resin busi- ness hours, Mon -Fri 8am4:30,m except for holidays. .regular buss PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any who may seek to appea1 any decision IrnolMng the matters no- t be responsible- for mdd a appeal is of the no- many accordance da Mharlcars with Disabilitllees Act (ADA) _ of 19900pper- should contact the General Services Department at 863 - 763-3372 for assk- tance. BY: Brian Whitehall, Zoning Administrator Petition No. 09-003 -R 329656 ON 8/5,14/09 NDEPENDENRT Nam NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t a the attic copy of advertisement being a ct i in the matter of c ti --o.._ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of IE }I -I/ 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 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for .ublication in the said newspaper. Judy Kasten Sworn to and subscribed before me this C i day of Notary Public, State of Florida at Large =� c naAi ( ' PITT, C STATE Pr FLY' IDA Angie Bridges Commission #DD779718 ,, Expires: APR. 20, 2012 BONDED THRU ATLANTIC IIONI:ING CO., INC.. AD -Cf (1ci (863) 763-3134 NOTICE Of CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING wtl be held before the Qty of Okeechobee Planning Board/Board of Adjustment Thursday, ursday, August 20, 2009 at 6:00 p.m. or as soon as possible. The meethtg will be held at Hal, 55 Southeast 3rd Avenue, In the Counci Cham- bers, Room 200„ Florida. To consider a request to change the Zoning District from Residential Sin - Famllyb9- 000neeR( RSF- 1) pteotlCCoormhmebrdkanlgProfesdorsl Office (CPA) for Pell- Hon Corey and Lauren NRkr. The property k locatedsubmitted d a 10 S�[ (s)• Lots 1 and Legal h� Book 5 Page 6, Public RR Addition, as Florida, and is apprmdmately 0.309 acres. A copy of the may be obtained from the Oty website www.�. m, or contact the General SaMces Department, alter ecommendauo�ns 10 e , CCootnnhdi falam� ration "and final adoption tentatively scheduled for fUesday, September 15, 2009. All members of the public are mitz =ed apttedddon participate in said hearing. The inspect- ed in its entirety kh the General Services duri g regular busi- ness hours Mon -Fri 8am4:3� m n, except for PLEASE FAKE NOTICE AND BE ADVISED that no stenographk record by a certified court reporter will be made of the foregoing meeting. Accordingly, any pawn who may seek to appeal any derision involving the matters no- timd herein will be responsfrle for mWdiv a verbatim record of the testi- mony and evidence at said meeting upon wldch any appeal is to be based. In accordance with the Americans with Disabtitles Act (ADA) of 1990 per- 863-763-337 thkpes �uld the General 2 for ass tance. BY: Brian Whitehall, Zoning Adthi,lsbator Petition No. 09-004-R 329654 ON 815,14/09. 11IDEPENDENT _ _ ® NEWSPAPERS OKEECHOBEE NEWS iiiiiii J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34979 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director 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 t(-& J in the matter of in the 19th J icial 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 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten worn to and subscribed before me this )tk f day of .(.� L d° C) 7 AD Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FT.OPuDA Angie Bridges - =Commission #DD779718 9n Expires: APR. 20, 2012 B0N IW THRU ATLANTIC 130NHINc co., INC. (863) 763 -3134 art PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING NOTICE mNOTICEApIpSeaH�ERETBY� t Local the Planning Board/Board of August 20, 2089 at 6:00 p.m. or as soon thereafter Agency opossible TM surer any Proposed amendments, submitted by Cty Staff c , to the Comprehensive Ran, which include the Land Development Regulations mbing,wil be he held at City Hall, 55 Southeast 3rd Avenue, in ed and encour d to attend. �. Publlt is invlt- RFASE INT NOTICE AND BE ADVISED that no a certified court reporter wB be made of the stenographic meeting. pdg record d- t'gono yep person n who may a seek to appeal any tai Gwolving the mat- ters responsible for making a verbatim record of the testimony and evidence at said meeting upon which Is to be based. Please contact Betty Clement at 863 -76}� meay.dt ii keedwa age da or websroe In accordance Americans w� 'Dtsabbil Ad per- sons need rye n th of rocs should BriarnW hiteehheal General Services at 863- 763 -33n for sa � 329782 ON 8/14/09