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1048 RezoningORDINANCE NO. 1048 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, owner of the property more particularly described hereafter, has heretofore filed Petition No. 09- 003 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.321 acre(s) from Residential Multiple Family (RMF) to Light Commercial (CLT) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on August 20, 2009, and submitted by Planning Staff report, to recommend approval for the zoning designation of RMF to CPO, rather than the applicant requested CLT, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of 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; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 11 AND 12, BLOCK 41, CITY OF OKEECHOBEE SUBDIVISION, OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (0.321 acres) zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1048 Page 1 of 2 ATTEST: SECTION 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. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading public hearing on this 1s day of September, 2009. c ce)-4 1 0.- Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15 day of September, 2009. James E. Kirk, Mayor ATT)>=ST: Lane amiotea, C C, City Clerk REVIEWED FOR LEGAL SUfICIENCY: (.V1 k1U(' John R. Cook, City Attorney Ordinance No. 1048 Page 2 of 2 James E. Kirk, Mayor ity .eec o,ee General Services Department 55 S.E. 3n Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 FAx (8631763 -16R6 Name of property owner(s): Ck r'tc k obee 1 SP1dj i- Owner mailing address: O. f)/7 t 9`7 Contact person daytime phone(s): 2 3 4 4a 5 10 11 1 13 14 15 16 17 Name of applicant(s) if other than owner Applicant mailing address: e -mail address: 123e n L q Name of contact person (state relationsh South: 1 t era( S4- Existing zoning: m Request is for: Rezone Applicant's statement of interest in property Revised 7/08 b ate: BMW 0 Fee Paid: g50, CrO ls` Hearing: 01 Publication Dates: Notices Mailed: Describe current use of property: vat_ a i_o Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: North: Vo cC kk I Ea*: N 1.1k West: 'Va CA. Special Exception Variance etition o. 9003 Jurisdiction: cc__ 2 Hearing: c 1/ 07 Property address/directions to property: Cor n W o �t g i q S-1 OA NIA) C o'ne -r Describe improvements on property (number /type buildings, dwelling units occupied or vacant, etc. �V/ ve en T Approx. acreage: D,jai 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 Future Land Use classification t me Ci Parcel Identification Number: 3_15-37- 35 ©D 0 p Q q 10 Q 1 1 0 'Y Page 1 of 10 Revised 11/08 Page 2 of 10 118 on -re 1 sa' 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 r t -WP t 20 Notarized letter of consent form property owner (if applicant is different from property owner) NIA- 1 1 911 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) Affidavit attesting to completeness and correctness of the list (attached) n -fir ate' r`��°�°ii Y RELA ZO Current zoning classification:"R m F Requested zoning classification F emme 1c1 24 What is the desired permitted use and intended nature of activities and development of the property? OkeeChcbee pha 4- ci-"ie -act ini K. floL s 4-0 bt.-i.td 0._ anal off' +z-e bw0 d 4 k is s i Vie. 25 Is a Special Exception necessary for your intended use? ftio 26 Is a Variance necessary for your intended use? }J 27 Applicant's materials addressing required findings for granting a rezoning (attach). F-71- PE 1F1CALLY �.r RELATING T EXE 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 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) Applicant's materials addressing findings required for granting a special exception (attach) 31 Applicant's materials addressing standards for granting a special exception (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 %bed- i? Ei ed 9 -01 Revised 7/08 1 Page 3 of 10 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 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 5 t day of 9. s_ I �oc� Signature of Applicant Date C nhe( T. G erY\ Name of Applicant (printed or typed) State of Florida County of Okeechobee 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: Petition No. ()I -(43 is 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 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 STATE OF FLORIDA COUNTY OF OKEECHOBEE TAX DEED Shar of Roberts Cl of Circuit (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. OTARY 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 3- 15- 37 35- 0010 00410 -0110 LOTS 11 12 BLOCK 41 CITY OF OKEECHOBEE Certificates Redeemed by Applicant in Connection with this Tax Deed Application: 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 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: 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 261.31 Interest 13.07 Total 274.38 Certificate Number 1864 2520 Date of Sale 05/19/05 06/01/07 Face Amount of Cert. 193.73 245.77 Tax Collector's Fee 6.25 6.25 Interest 90.40 12.29 Total 290.38 264.31 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 than days after this date. 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- 1 5 37 -35- 0010 00410 -0110 Dear Sirs, Okeechobee Asphalt Ready Mixed Concrete, Inc. 503 NW 9 St. /P.O. Box 1994 Okeechobee, Florida 34972 Ph 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 9 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 8 Ave. and NW 9 St. Parcel ID 3 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. Revised 7/08 A kale 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. 1 Apr 29 2009 15:40 OKEECHOBEE -LYNCH Property Owner Name: Parcel Identification Number: Contact Person Name: Contact Person Phone Number: Variance Revised 7108 3S— r b t Requested items needed by: Project Type: (Circle OIIe) �or�- raptt_ air Location Map 100' surrounding property from the outermost portion of subject property Surrounding Property Owners 300' from the outermost portion of subject property 8 63 763 -7379 Property Appraiser's Office Information Request Form for the City of Okeechobee Special Exception 95k Items Na Location Map 100' surrounding property from the outermost portion of subject property outermost Surrounding Property Owners 300' from the portion of subject property, Walt Taylor Okeechobee County Prope Apprai Office 307 NW 5* Avenue Phone: (863) 763 -4422 Fax: (863) 763 -4745 Future Land Use Map Amendment p. 1 cul Items Needed Location Map 100' =rounding property lams Needed from outermost portion of subject Location Map 100' surrounding Surrounding J property from the outermost Property Owners 300' from portion of subject the outermost portion of subject property or fax it to the following Information is provided by the n keechobee Property Appraisers Office. 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PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEA 2) PARCEL ID: 3- 15- 37 -35- 0010 -00410 -0110. 3) F..1. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES WHIN THE OKE 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISD/C710NAL AREAS 5) 7HE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL L DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN 7HE SIGN WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA 7E OF LAST FIELD SURVEY 05/05/09. LOT 3 BLOCK 41 PROJECT SPECIFIC LEGEND: WPP WOOD POWER POLE TEL TELEPHONE PEDESTAL KIOGrir 0 15 30 SCALE IN FEET MAP SCALE 1 INCH 30 FEET INTENDED DISPLAY SCALE (BEARING BASE) S B9 4021' W 200.04r4 200 (P) 4c S. W CORNER OF BLOCK 41 FOUND 5/8" IRON ROD CAP "TWPS LB 6719" Kenneth A. Breaux, Jr. (PSM 4820) LOT 10 BLOCK 41 K OF -BANK $PP TOP OF BANK TEL SWALE EDGE OF ASPHALT LOT 2 BLOCK 41 N 89'39'44" FOUND 5/8" IRON ROD GAP "TWPS LB 6719" LOT 11 BLOCK 41 FOUND 5/8" IRON ROD CAP "MPS LB 6719" OH STANDARD NOTES: No search of the public records for determination of ownership or restri The survey depicted here is prepared exclusively for those parties noted. No responsibility o specifically named. Not valid without the signature and embossed seal of Florida licensed st encroachments except as shown. No attempt was made to locate underground improvement survey was prepared in accordance with minimum technical standards established by the FI pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: OKEECHOBEE ASPHALT READY MIXED CONCRETE, INC. DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE 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 EPARED FOR MIXED CONCRETE, INC. SURED(M). CHOBEE CITY LIMITS. OR OTHER AREAS OF LOCAL CONCERN. ABILITY INSURANCE. ADDITIONS OR I WI NG. PARTY OR PARTIES IS PROHIBITED LOT 1 BLOCK 41 20' ALLEY 100.01 10o'(P) CUL VET ONCRETE SIDEWALK SET 5/8" IRON ROD CAP '/CAB LS 4820" LOT 12 BLOCK 41 WPP SET 5/8" IRON ROD CAP KAB LS 4820' OHv WPP V 4 EDGE OF ASPHALT ctions affecting the lands shown was performed by the surveyor. liability is assumed by the surveyor for use by others not rveyor and mapper #4820. There are no visible above ground s and /or encroachments (if any) as part of this survey. This Flo Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) DESCRIPTION BOUNDARY SURVEY FB /PG: 254/20 -21 FILE: 23155 35.0' TEL DHW FOUND PK NAIL DISK '3542" 0.17' W. DH DWG. DATE 05/06/09 ti 2 BY WC SCALE: 1" 30' JOB NO: 23155 DH W• CK KAB TOTAL PARCEL CONTAINS .1 ACRES (VACANT) S894021 "W 100.02W _10'(Pe) CATCH BASIN ti N. W. 9TH STREET (ASPHALT ROAD) 70' R/W 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; END= 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=Tongent; TEL= Telephone Splice or Switch Box; W =West; W'LY= Westerly. UTIL Utility(ies); =Spot Elevation based on indicated Datum. Staff Report Rezoning Request 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning &T Manauement Services, Inc. Prepared for: City of Okeechobee Applicant: Okeechobee Asphalt Ready Mixed Concrete Petition No.: 09-003-R From: RMF To: CLT Staff Report Rezoning Request 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 9 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 Location: NW Comer of NW 8"' Avenue and NW 9 Street. Applicant: Okeechobee Asphalt Ready Mixed Concrete Petition No.: 09 -003 -R Proposed Commercial CLT Office Building 0.321 acres 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 9 Street. The Applicant intends to build a small office building on the vacant lot. 1 Staff Report Rezoning Request 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: North: Applicant: Okeechobee Asphalt Ready Mixed Concrete Petition No.: 09 -003 -R Adjacent Future Land Use Map Classifications and Zoning Districts: 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 8 Street and west of NW 8 Avenue that has any form of commercial designation is the Church of God by Faith at the comer of NW 11 Street and NW 9 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: (1 September 1, 2009 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 5 Staff Report Rezoning Request City of Okeechobee Future Land Use Map Futu re Land Use SINGLE FAMILY MULTI FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACIUTIES Applicant: Okeechobee Asphalt Ready Mixed Concrete Petition No.: 09-003-R a r Subject Property 6 Staff Report Rezoning Request City of Okeechobee Zoning Map ZONING H RSF1 RMH RSF2 /IMF CPO CLT CBO Chit! IND PUS PUO-R PUO-M Applicant: Okeechobee Asphalt Ready Mixed Concrete Petition No.: 09 -003 -R Subject Property 7 Staff Report Rezoning Request Okeechobee County Property Appraiser's Aerial Applicant: Okeechobee Asphalt Ready Mixed Concrete Petition No.: 09 -003 -R LIGHT IND �Q D OK E ASPHALT MF Multi Family Residential MX RES Mixed Use Residential V Vacant Lot SF Single Family Residential Subject Property 8