1049 Rezoning 09-004-R MillerORDINANCE NO. 1049
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 SINGLE FAMILY -ONE (RSF -1) 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, Corey and Lauren Miller, owner(s) of the property more particularly described
hereafter, has heretofore filed Petition No. 09- 004 -R, pursuant to the Land
Development Regulations of the City of Okeechobee for the purpose of rezoning a
certain tract of land consisting of 0.309 acre(s) from Residential Single Family -One
(RSF -1) to Commercial Professional Office (CPO) 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 staff report, 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 1 AND 2, BLOCK 216, FIRST ADDITION TO OKEECHOBEE
SUBDIVISION, OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT
BOOK 5 PAGE 6 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 (0.309 acres) zoning classification to be changed from
Residential Single Family -One (RSF -1) 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. 1049 Page 1 of 2
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.
PASSED AND ADOPTED after Second and Final 'Public Hearing this 15 day of September, 2009.
Lan Gamiotea,
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1049 Page 2 of 2
James E. Kirk, Mayor
*y o eec o bee
ate: Petition o.
general Services DepartmentFee
Pa Jurisdiction:
55 S.E. 3' Avenue, Room 101
1" Hearing: 2' Hearing: �
Okeechobee, Florida 39974-2903
publication Da es: � = � � + � F �� (_ � � r
Phone: (863) 763-3372, ext. 218
,
Notices Mailed:
Fax* (863) 763-1686
I ezmie, `Special E cc ption and �Txwiance
Date
dw
W. t.'h
1
Name of property owner(s):
2
Owner mailing address:
3
Name of applicant(s) if other than owner M
4
Applicant mailing address:
4a
e-mail address:
5
Name of contact person (state relationship): z //ztp.
6
Contact person daytime phone(s): e'er ;; _ 6 _7 ,6
PROPERTY 1-NFORM,IFTON
w
Property address/directions to property:
7
<7. O�¢VC"an
Describe current use of property:
8
Describe improvements on property (number/type buildings, dwelling units , occupied or
vacant, etc.
9
oust,
10
Approx. acreage: go 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:
11
12
Is a pending sale of the property subject to this application being granted? t,"o
Describe uses on adjoining property to the North:
North: East:
13
South: e!f , ,,���,,ol West: efooYyiMF�-<=ir/
14
Existing zoning: Future Land Use classification -(�_7
15
Request is for: (AZ) Rezone (_) Special Exception (_) Variance
16
Parcel Identification Number: _ ;2,( _ .7 3N J - Oo 2 0 -. 02 � � t' �• n o 1 �
ATTAGHl1!IENTS 3 ` 3 :, fi'M E ,' ffiz
Applicant's statement of interest in property
17
,
Revised 7/08 Page 1 of 10
� 0
NIS
Revised 11/08
Page 2 of 10
Non-refundable applicationfee: Rezonm 5 ecial Exception: $500; Variance: $500;
all plus $30/acre
18
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
7P/0
20
Notarized letter of consent form property owner (if applicant is different from property
owner)
rt/ -moi
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
--)
21
b. Legal description
(•—)
c. Computation of total acreage to nearest tenth of an acre
List of surrounding property owners with addresses and location sketch of the subject
22
property. See the Information Request Form from the Okeechobee Property Appraiser's
��
Office (attached)
lI
23
Affidavit attesting to completeness and correctness of the list (attached)
INFORMATION SPECIFICALLY RELATING TO A REZONE
Date
Recd
Chk'd
23
Current zoning classification: ,QsF j Requested zoning classification L PO
What is the desired permitted use and intended nature of activities and development of the
Property?
24
L��o�.tl Ti iV S r.
Is a Special Exception necessary for your intended use?
25
Is a Variance necessary for your intended use?
26
� o
Applicant's materials addressing required findings for granting a rezoning (attach).
27
INFORMATION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION
Describe the Special Exception sought:
28
Are there similar uses in the area? If so, describe them:
29
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:
30
Revised 11/08
Page 2 of 10
V
Revised 7/08 Page 3 of 10
Ill111l11l111111l111I1f1111illlfll111111111lIIlfllli11111111
FILE HUM 20090 05127
1127
OR BK 0 669 PG 1957
SHARON ROBERTSON? CLERK. OF CIRCUIT COURT
PreparedHND. CASSELS, JR. by and return . OKEECHOBEE COUNTYr FL
JOHN D. RECORDED 05/13/2009 02=20:14+ PM
Partner AMT 75t000.00
CASSELS & MCCALL RECORDING FEES 10.00
400 NW 2nd street DEED DOC 525.00
�i 1
Okeechobee, FL 34972 RECORDED BY M P i n on
File No.: 5080
F'9 1957'► (1pg)
Parcel Identification No. 3-21-37-35-0020-02160-0010
[Space Above This Line For Recording Data]
l�- 10.E
5�5 q} 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 ($10.00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Okeechobee County Florida, to -wit:
Lots 1 and 2, Block 216, FIRST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in
Plat Book 5, Page 6, of the Public Records of Okeechobee County, Florida.
Subject to restrictions, reservations and easements of record, if any.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of
all persons whomsoever.
* "Grantor' and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
C 021C
27 0�q
1st W'fness-Signature r
1st Witness -Print Name
2nd Witness -Si nature
L; J, I
2nd Witness -Print Name
SEACOAST NATIONAL BANK, a Florida
Banking corporation
MICHAEL L. SCHIAVONE, Vice President
State of Florida
County of Martin \
The foregoing instrument was acknowledged before me this` e day of May, 2009 by MICHAEL L. SCHIAVONE, Vice
President of SEACOAST NATIONAL BANK, a Florida corporation, on behalf of the corporation. He�is personally
known to me or [J has produced as identification.
✓ [Notary Seal]
Notary Public
V Printed Name: �E ��X %$Z
My Commission Expires: _
LYNNE P. RAGAllI
1t; Notary Public - State of Florida
'e My Comm. Expires Dec 7, 2012
Commission 0 DD 835371
Bonded Through National Notary Assn.
Okeechobee County Property Appraiser
CAMA Updated: 6/18/2009
Parcel: 3-21-37-35-0020-02160-0010
« Next Lower Parcel I Next Higher Parcel »
Owner & Property Info
2008 Certified Values
Parcel List Generator Retrieve Tax Record Property Card
Interactive GIS Map Print
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
cnt: (1)
0.309 ACRES
S/T/R 21-37-35
Neighborhood
$99,816.00
518650.00
Tax District 50
DOR Use Code
I U 03
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
$99,816.00
Sales History
Search Result: 1 of 1
GIS Aerial
2008 Certified Values
Just Value
$99,816.00
Class Value
$0.00
Assessed
5/13/2009
Value
$99,816.00
Exempt Value
$0.00
Total Taxable
664/1073
Value
$99,816.00
Show Similar Sales within 1/2 mile
Sale Date
Book/Page
Inst. Type
Sale Vlmp 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 Bit Value Units Dims Condition (% Good)
FIRE 2 1STORY C D 2005 $1,898.00 1.000 0 x 0 x 0 PD (70.00)
Land Breakdown
Lnd Code I Desc I Units I Adjustments Eff Rate Lnd Value
067SP8 I SO SIDE ST (MKT) 1 95.000 FF - (.309AC) 1 1.00/1.00/1.00/1.00 $548.09 $52,069.00
Okeechobee County Property Appraiser CAMA Updated: 6/18/2009
Search Result: 1 of 1
HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I 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.--;7�—'--+---
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--;r-i,�
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----7—
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._Tu,r—,
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.
--71-01-r1
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 Page 4 of 10
Petition No.
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 —'u z , _ 1 and
the assertions made to me by members of that Office that the inf rmation reviewed constitutes the most recent
information available to that office. I therefore attest to this z day of
2n0
7/—'
- ?--� - Signat of Applicant D to
5 o —
Name of Ap cant (printed or typed)
State of Florida
County of Okeechobee
Sworn to and subscribed before me this day o, . Personally known
to me or produced e 0- s ide t fication and did not take an oath.
Seal:
ruuunnnmuuu.•...•......uuu uuw
BETTY J. CLEMENT
Yom" yTy Comm# DD0840344
=V Expires 2/72013 _
'o�i; ! Florida Notary Assn., Inc
...........................................II
Revised 7/08 Page 8 of 10
QS36F_OKVIEW 1PIN_DSP
3-21-37-35-0020-02_070-0010
3-21-37-35-0020-02070-0020
3-21-37-35-0020-02070-0070
3-21-37-35-0020-02080-0010
3-21-37-35-0020-012080-0020
3-21-37-35-0020-02080-+0030
3-21-37-35-0020-02080-0040
3-21-37-35-0020-02080-0050
3-21-37-35-0020-02080-0060
3-21-37-35-0020-02080-0070
3-21-37-35-0020-02080-0090
3-21-37-35-0020-02080-0120
3-21-37-35-0020-02150-0010
3-21-37-35-0020-02150-0030
3-21-37-35-002'0-02',50-0050
3-21-37-35-0020-02150-0070
3-21-37-35-0020-02150-0100
3-21-37-35-0020-02160-0010
3-21-37-35-0020-02160-0030
3-21-37-35-0020-02160-0070
3-21-37-35-0020-02160-0110
3-21-37-35-0020-02200-0010
3-21-37-35-0020-02200-0020
3-21-37-35-0020-02200-0040
3-21-37-35-0020-02210-0010
millev, 71212009, Page 1
QS36F_OKVIEW1_OWNER _NAME QS36F_OKVIEWI_ADDRESS_1 QS36F_OKVIEWI
INGRAM GRACIE BLANCHE (LIFE ES 112 SE 3 ST
207 REALTY LLC
P.O. BOX 848
207 REALTY LLC
P.O. BOX 848
VANBERSCHOT JOHN E
210 SE 3RD ST
CONRAD BILLIE J
208 SE 3RD ST
SCHANTZ DOROTHY HELEN
206 SE 3RD ST
NGUYEN HUNG PHI
664 SE 26TH DRIVE
GRIFFIN MARY M
202 SE 3RD ST
SHEFFIELD CHRISTOPHER
1291 SW 83RD AVENUE
TAYLOR KIMBERLY A & ADAMS TOMM
201 SE 4TH STREET
ROGERS RUSSELL & JAMES JR
207 SE 4 ST
RODRIGUEZ FIDENCIO & MARIA NOR
215 SOUTH EAST 4TH STREE...
HULSEY WILLIAM J & MYRTLE L
P 0 BOX 596
HULSEY MYRTLE L
P 0 BOX 596
HULSEY MYRTLE LEE
BOX 596
CAULEY CALVIN SR & RONNIE E
203 SE 5TH ST
FULFORD GENE SR
24951 NW 1607! I DRIVE
MILT -ER COREY P & LAUREN P C
709 SE HIDDEN RIVER DRIVE ...
216 REALTY LLC
P.O. BOX 848
DESIDERATA INC
C%O SMITH'S OF OKEECHOB.. 2084 STNV 1ST WAY
DRW INVESTMENTS LLC
410 SE 2ND AVENUE
CITY OF OKEECHOBEE
55 SE 3RD AVE
BIG LAKE MEDIA LLC
106 SE 5TH STREET
TOMSUN ASSOCIATES INC
511 S PARROTT AVENUE
PERRY SANDRA W
PO BOX 2154
QS36F_OKVIE... QS36... QS36F_OKVIE...
OKEECHOBEE ...FL 349744316
OKEECHOBEE ...FL 349730848
OKEECHOBEE ...FL
349730848
OKEECHOBEE ..FL
34974
OKEECHOBEE ..FL
349744414
OKEECHOBEE ...FL
349744414
OKEECI"iOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
349744433
OKEECHOBEE ...FL
34974
COLLEGEDALE
..TN
373150596
COLLEGEDALE ...TN
373150596
COLLEGEDALE
..TN
37315
OKEECHOBEE ...FL
34974
OKEECHOBEE
FL
34972
PORT ST LUCIE ...FL
34983
OKEECHOBEE ...FL
349730848
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
34974
OKEECHOBEE ...FL
349732154
BOUNDARY SURVEY PREPARED FOR
COREY & LAUREN MILLER
_ _S. E. 4TH STREET_ _
(ASPHALT ROAD) 100' R/W
FOUND PK NAIL ", DISK
:;70 0
"HOOVER 4276" DJ6' N.
I
I
o FOUND 518- IRON
h ROD & CAP 2084"
0.7'S & 0.7'E 3
I o
N.W. CORNER OF BLOCK 216 I 2' WOE CURB & CUTTER STORM DRAIN
FOUND 1/2" IRON PIPE (NO LD.) EDGE- OF ASPHALT WATER
FOUND 4X4" CONCRETE VAL VE
(BEARING BASE) MONUMENT (NO LD.)
N 8936'18` E 204. B4 (M) 205.00 (P) N 89 56'19 " E 95.00'
OHW OHW —
FOUND 1/1 " IRON /
PIPE (NO ID.)
SET 5 B" IRON
ROD &CAP
i 0.1' S & 0.2' E4 I it v KAB LS 4820" CPP
0
2 v N =
LI V�Q�LI—lJ T e
I � I CONCRETE TEL =
? COV w J4. B' 74.8"
CONC CONC h
QI19.7' O
4 3 N O — J5.0'
W
o 1 STORY RESIDENCE
74' tl�tl �� Z
0 15 30 SEP77C TANK o
SCALE IN FEET BLOCKor j
216216 235 CONCRETE — 40'9 3 Q o
MAP SCALE: 1 INCH — 30 FEET
INTENDED DISPLAY SCALE ^ N I
W I I Q> — WATER Q
QMETER W d
DESCRIP TION: o PLOCK 216 I BLOCK 216
LOTS 1 & 2, BLOCK 216, FIRST o
ADDITION TO OKEECHOBEE FLORIDA, z
ACCORDING TO THE PLAT THEREOF CPP
AS RECORDED IN PLA T BOOK 1, I TOTAL PARCEL CONTAINS W HW —
PAGE 11, OF THE PUBLIC RECORDS f0.31 ACRES
OF OKEECHOBEE ,COUNTY, FLORIDA.
LI I ANCHOR ~
Q
I
S 8955J8" W 95.00'
o FOUNI1/2"IRON FOUND 518- IRON
PIPE iNO L0.) 15' ALLEY ROD & CAP 2084" r;
& 0.2' W. 02'S & 02'E. W
LOT 10 LOT it LOT 12
BLOCK 216 BLOCK 116 BLOCK 116
PROJEC T SPECIFIC NO TES.'
1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(f ) AND YEA SURED(M).
2) SI IF ADDRESS• 110 S. E. 4 TH STREET.
3) PARCEL ID: 3-21-37-35-0020-02160-0010.
4) F.I.R.M. ZONE- ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS
5) THIS SURVEY IS NOT INTENDED TO DEPICT LIURISDIC77ON11L 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 77 -IE SIGNING PARTY OR PARTIES IS PROHIB17FD
WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARRES.
7) DA 7F OF LAST FIELD SURVEY 05/04/09.
PROJECT SPECIFIC LEGEND:
CPP = CONCRETE POWER POLE
TEL = TELEPHONE PEDESTAL
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 imr,rovements and/or encroachments (if any) as part of this survey. This
survey was prepared in accordance with minimum technical standards established ty 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: DESCRIPTION DWG. DATE BY CK
COREY P. MILLER BOUNDARY SURVEY 05/05/09 WC KAB
LAUREN P. MILLER
SEACOAST NATIONAL BANK, ITS SUCESSORS AND/OR ASSIGNS, ATIMA
CASSELS & MCCALL
ATTORNEY'S TITLE INSURANCE FUND
DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 254/13-15 SCALE: 1" = 30'
BEARING REFERENCE: THE S. R/W OF S.E. 4TH ST. IS TAKEN TO BEAR N 89'53'19" E FILE: 23154 JOB NO: 23154 i
LEGEND
op—Set Iron Rod and Cap "KAB LS 4820" ■—Found CM
*—Found Iron Rod (and Cap) O —Found Pipe (and Cap)
ABBREVIATIONS
1J=Baseline; BM=Benchmark; �=Centerline; C=Calculated; CATV=Cable TV; CM=
Concrete Monument; CONC=Concrete; D=Deed; L=Delta or Central Angle: E=East;
E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance
Rate Mop; 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
Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; f'L=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 Tongency; PU&D=Public Utilitiy and Drainage; R=Radius; 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);=Spot Elevation based on indicated Datum. ,
Property Appraiser's Office
Information Request Form
for the City of Okeechobee
Property Owner Name:G-
Parcel Identscation Number: ?- 2 / - �' % - J,51 0 01C)o / LD
Contact Person Name: 4---f c, /�'� iMg-'e
Contact Person Phone Number: `f % 7 7 6/
Requested items needed by: ?�/ /(:> 9
Project Type: (Circle One)
Special Exception
Items Needed: I
Items Needed:
Location Map 100' surrounding property from Location Map 100' surrounding property
the outermost portion of subject property from the outermost portion of subject property
Surrounding Property Owners 300' from the Surrounding Property Owners 300' from the
outermost portion of subject property - outermost portion of subject property
u
Items Needed:
Location Map 100' surrounding property
from outermost portion of subject property
Surrounding Property Owners 300' from
the outermost portion of subject property
Future Land Use Map Amendment
Items Needed:
Location Map 100' surrounding property
from the outermost portion of subject property
Information is provided by the Okeechobee Property Appraisers Office. You may hand deliver this request form
or fax it to the following attention:
Walt Taylor
Okeechobee County Property Appraisers Office
307 NW 5t° Avenue
Phone: (863) 763-4422
Fax: (863) 763-4745
Revised 7/08 Page 9 of 10
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AGENDA
V. CONSIDER PETITIONS AND APPLICATIONS.
AUGUST 20, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 4
ACTION - DISCUSSION - VOTE
A. Petition No. 09-003-R submitted by Robert Gent, Vice President on behalf Petition No. 09-004-R submitted by property owners Corey & Lauren Miller, to rezone 110 SE 4th Street from RSF-1 to CPO
of property owners Okeechobee Asphalt & Ready Mixed Concrete to
rezone NW Corner of NW 8th Avenue and NW 91h Street from RMF to
CLT - Senior Planner.
Hear from Planning Staff. 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.
2. Hear from the Property Owner or designee/agent. No one was present representing the applicant.
3. Open Public Hearing for public comment - Chair. Chair Maxwell opened Public Hearing.
4. Close Public Hearing - Chair. Chair Maxwell closed the Public Hearing.
Board Discussion. Board questioned whether this property was ever used for commercial purposes, due to the FLU designation o f commercial.
Aboard member reported a bar once occupied the lot and burned 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.
6. Consider motion and vote. 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 Corner 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, 2009III Application will be forwarded in ordinance form for a final Public Hearing on September 15, 2009 before City Council.
before City Council.
OF ' ok'Fc
0 ,
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19151 City of Okeechobee
Office of the City Clerk
October 27, 2009
Corey and Lauren Miller
709 Southeast Hidden River Drive
Port St. Lucie, Florida 34983
Re: Receipt of payment for additional fees incurred (09-004-R).
Dear Mr. and Mrs. Miller:
This letter shall serve to acknowledge receipt of your check numbered 12523 in the amount
of $54.02. Thank you for your prompt payment. Enclosed herewith you will find a copy of
Receipt No. 26339.
If you should have any questions, or need any additional information, please contact my
office at (863) 763-3372 ext. 215. With best regards, I am
Sincerely,
Lane Gamiotea, CMC
City Clerk
Enclosure
LG/mj
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
CITY OF OKEECHOBEE, FLORIDA
55 S.E. 3rd Avenue, Okeechobee, FL 34974
N2 2 6 3 3 9 (863) 763.3372
RECEIVED from
U
i
D 20
-Oe--'v 100
$ 6� m eke C
Dollars
Page 1 of 1
From: Melisa Jahner
Date: 10/13/2009 12:49:22 PM
To: corey@bmhtaxes.com
Subject: City of Okeechobee Additional Rezoning Fees
Mr. Miller,
During the Rezoning process for Petition No. 09-004-R, additional fees were incurred beyond the initial
$850.00 fee requiring you to remit $54.02. (As stipulated by City Resolution No. 98-11, the City will not
incur fees to process applications initiated by any applicant or property owner).
Enclosed herewith is a detailed list of all expenses.
Please forward your check made payable to:
The City of Okeechobee
Office of the City Clerk
55 SE 3rd Avenue
Okeechobee, FL 34974.
Should you require any additional information please contact my office at 863-763-3372 ext. 215.
Melisa Jabner, ]Deputy Clerk
City of Okeechobee
66 SE 3rd Avenue
Okeechobee, AFL 34974
(363) 763-3372 x215
fax (863) 7,63-1686
NOTICE: ]Florida has a very broad public records law. Most written communications to or from government officials,
regarding government business, are public records, available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
10/13/2009
City of Okeechobee
55 SE 3rd Avenue
City Clerks Office
Okeechobee, FL 34974
Bill To Invoice
Date Invoice
Corey and Lauren Miller 10/13/09 09-004-R
709 SE Hidden River Drive
Port St. Lucie, Florida 34983
Note: No application that has incurred fees and charges for engineering services, or other
professional consultants as provided in Resolution No. 98-11, shall proceed to final approval without
advance payment in full for such additional fees and charges. (Res. No. 02-9, 7-16-2002)
Due Date
Upon Receipt
Date
Description
Hours
Rate
Inv. Amt.
Rezoning Petition (09-004-R)
07/02/09
Petition Deposit (Receipt No. 26210)
-$850.00
08/03/09
Planning Board/Board of Adjustment Ads
$169.20
08/03/09
Sign posted to property
$15.00
08/05/09
Notice to surrounding property owners
$5.88
09/02/09
Ordinance No. 1049 Ad
$79.56
09/04/09
LaRue Fee (Invoice #4637)
5.50
$87.50
$481.25
09/30/09
LaRue Fee (Invoice #4646)
1.75
$87.50
$153.13
Amount Due
1 $54.02
Note: No application that has incurred fees and charges for engineering services, or other
professional consultants as provided in Resolution No. 98-11, shall proceed to final approval without
advance payment in full for such additional fees and charges. (Res. No. 02-9, 7-16-2002)
F`Mr kV 'Plannitlu
7 & Management Services, Inc.
" 5 Tackson Street, Scute 2(1(i
- Fort t��•en. Florida
239-334-33(6
Serving Florida Local Governinents Since 1958
BILL TO
City of Okeechobee
Attn: Betty Clement
55 SE 3rd Avenue
Okeechobee, FL 34974
Invoice
DATE INVOICE #
9/30/2009 4646
P.O. NO. 1 TERMS I DUE DATE
Net 15 1 10/15/2009
I DESCRIPTION I HOURS I RATE I AMOUNT I
Planning & Zoning Services for the month of September 2009 1 3,500.001 3,500.00
Consultant and staff review and preparation of staff reports: 1 21.75
SSA - Nunez/Suarez (.75 hrs)
Site Plan - Arbogast Street Vacation (1.5 hrs)
Okeechobee County EOC includes 9/17 TRC and LPA meeting (9-75 hrs)
Suarez/Shoppes on the Boardwlalk Ph 11(25 hrs)
Bridges Auto Sales Lot includes 9/17 TRC meeting (7.75 hrs)
Monthly planning and zoning services includes review and preparation of 19.5
proposed regulations for banners and temporary signs and to correct certain
omission in the sign regulations,
Monthly services per agreement of 40hours = $3500.00. Additional hours atI 1.25 I 105.001 131.25
standard rate of $105.00 per hour.
Thank You For This Opportunity to Serve You!
Total $3,631.25
I r
i.
SEPTEMBER 15, 2009 - REGULAR MEETING & ISTBUDGET PUBLIC HEARING - PAGE 3 OF 9 35.1
COUNCIL ACTION'= DISCUSSION;= VOTE
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A.1. c) City Attorney to read proposed Ordinance No. 1048 by title only. Administrator Whitehall read proposed Ordinance No. 1048 by title only as follows: "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 THEZONING
11 MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt proposed Ordinance No. 1048.
b) Public Comments and discussion.
c) Vote on motion.
8.1. a)tMotion to read by title only, proposed Ordinance No. 1049 regarding
Petition No. 09-004-R shbmitted by Corey and Lauren Miller, to
rezone Lots 1 and 2, Block 216, First Addition to Okeechobee
Subdivision, from Residential Single Family -One (RSF-1) to
Commercial Professional Office (CPO) Zoning District - City
Planning Consultant (Exhibit 2).
b) Vote on motion to read by title only.
Council Member Markham moved to adopt proposed Ordinance No. 1048; seconded by Council Member Williams.
Mayor Kirk asked whether there were any questions or comments from the public? There were none.
Council asked whether the applicant had been made aware of the changes to the rezoning petition, as they were not
present at prior meetings. Clerk Gamiotea confirmed that the applicant, Mr. Gent was contacted, the change from CLT
to CPO was explained. The Planning Staff Report, Code Book Sections 90-221-223 and the proposed ordinance were
all emailed to him on September 8, 2009. Her office staff called Mr. Gent to remind him of the meeting tonight as well
as emailed a copy of the agenda to him. Since the CPO zoning district allows him to have an office on the property,
it appears he has no objections to the change.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to read by title only, proposed Ordinance No. 1049 regarding Petition No. 09-004-R
submitted by Corey and Lauren Miller, to rezone Lots 1 and 2, Block 216, First Addition to City of Okeechobee
Subdivision, from RSF-1 to CPO Zoning District; seconded by Council Member O'Connor.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
602
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
B. 1. c) City Attorney to read proposed Ordinance No. 1048 by title only
2. a) Motion to adopt proposed Ordinance No. 1048.
b) Public Comments and discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
IX. NEW BUSINESS.
- -.%, . !#M
SEPTEMBER 15, 2009 - REGULAR MEETING $1sT BUDGET PUBLIC HEARING - PAGE 4 OF 9
,UNCIL ACTION DISCU.SSI(
Administrator Whitehall read proposed Ordinance No. 1049 by title only as follows: "AN ORDINANCE OF THE CITYI
OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMILY -ONE (RS)r-1) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE
ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
Council Member M arkham moved to adopt proposed Ordinance No. 1049; seconded by Council Member Williams.
Mayor Kirk asked whether there were any questions or comments from the public? There were none.
For clarification, Council Member Watford asked where this property was located? Council Member Markham
answered, behind my office. Administrator Whitehall noted that the General Services staff received the site plan
application with er-igineered plans and all parking (preliminarily) appears to be addressed.
KIRK - YEA
WATFORD — YEA
MARKHAM - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M.
A. Motion to adopt proposed Resolution No. 09-13 regarding Articles Council Member Watford moved to adopt proposed Resolution No. 09-13 regarding Articles of Amendment to the
of Amendment to the Articles of Corporation of the Treasure Coast Articles of Corporation of the Treasure Coast County of Local Governments, Inc; seconded by Council Member
County of Local Governments, Inc., - Council member Watford Williams.
(Exhibit 3).
The title of proposed Resolution No. 09-13 reads as follows: A JOINT RESOLUTION BYAND BETWEEN THE CITY OF FORT PIERCE, THE
CITY OF PORT ST. LIJCIE, THE CITY OF STUART, THE CITY OF FELLSMERE, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN,
THE CITY OF OKEECHOBEE, THE TOWN OF SEWALL'S POINT, THE TOWN OF INDIAN RIVER SHORES, THE TOWN OF JUPITER
ISLAND, THE TOWN OF ST. LUCIE VILLAGE, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY,
OKEECHOBEE COUNT AND ST. LUCIE COUNTY POLITICAL SUBDIVISIONS OF THE STATE OF FLORIDA; THE SCHOOL BOARD
OF INDIAN RIVER COUNTY, THE SCHOOL BOARD OF MARTIN COUNTY, THE SCHOOL BOARD OF OKEECHOBEE COUNTY AND
THE SCHOOL BOARD OF ST. LUCIE COUNTY, AMENDING THE CITY OF OKEECHOBEE, FLORIDA, RESOLUTION NO. 03-04;
AMENDING THE ARTICLES OF INCORPORATION FOR THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC.;
PROVIDING AN EFFECTIVE DATE.
Page 1 of 1
From: Melisa Jahner 4>
Date: 9/22/2009 4:09:44 PM
To: celestewatford@okeechobeecounty.com; .p.wilson@okeechobeepa.com
Subject: Ordinances 1048 & 1049
Attached is Ordinances 1048 & 1049 amending Resolutions
09-003-R & 09-004-R.
Should you have any questions please contact me in the City Clerk's Office at 863-763-3372 Ext. 215.
Heather Baughman
9/22/2009
P - < ' IT'- Planning
& Management Services, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida
239-334-3366
Serving Florida Local Governments Since 1988
BILL TO
City of Okeechobee
Attn: Betty Clement
55 SE 3rd Avenue
Okeechobee, FL 34974
Invoice
DATE INVOICE #
9/4/2009 4637
P.O. NO.
TERMS
DUE DATE
Net 15
9/19/2009
DATE
DESCRIPTION
HOURS
RATE
AMOUNT
Planning & Zoning Services for the month of August 2009
3,500.00
3,500.00
Consultant and staff review and preparation of staff reports:
12.25
Rezone - Okeechobee Asphalt (5.75 hrs);
Site Plan - Suarez/shoppes on Boardwalk (1 hr)
Monthly planning and zoning services included answering calls
2
from the public and coordinating information with the staff
including interpretations of the Land Development Regulations.
Thank You For This Opportunity to Serve You!
Total $3,500.00
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
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, that the attached copy of
advertisement being a P, MA:ZZ C_e
in the matter of _Zt
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said 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.
to,and subscribed before me this
_T `day of n _ —I) AD
Notary Public, State of Florida at Large
LL t
_ :, ,Ry IC-STflTE OF ) Oars
Angie Bridges
Commission # DD779719
Expires: API.. 20,20'12
E0111131D THRU ATLANTIC BONDING Co., INC.
(863) 763-3134
PUBIIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
ME NOTICE that the City Coundi of the Ory of Okeech
on Tuesday, September 15, 2009 at 6:00 p.m. or as soon I
d at Cdy Hall, 55 SE 3rd Ave, Okeedrobee R. conduct a
VG on and thereafter to conWer final neednq of the folk
into law: NO. 3049: AN ORDTNANCF ng �M CIT
T/ PROVIDING FOR CONFLICTS, SEVERABILITY AND A
iVE DATE.
e Ordinance is regarding Rezoning Petition No. N -OD R, sub
Dperty wvr�r(s), Corey and Lauren Miller. The petition h to t
"ng district from Residential Single FarrH*One (RSF-1) to Co
roksslonal Office (CPO) for properly located at 110 SE 4th
describrded�kf%at Lots
5 pa 2�o6rI Bock Add
21Recrords of eec{tobee C
s, and B approarnatgy 0.309 aces
members of the public are encouraged to attend and partidp
earLrl. The WOPosed ordinance may be I ed in its entin
ersburs the pu, Ba in the
0pm, aex ceofthe p tt forMar.during ��
ASE TAKE NOTICE AND BE ADVISE) trot no stenographic rea
flee court reporoer will be made of tine foregoing meeting. AaD
persm who m�si m apfxal any derision Involving the e
d herein will be sok bo (oi maidnwgmaecisi n In recall th the
and evidence at meeting upon arty appeal Is to be t
contact City Administration at 863-7fz1-3372, or website spiry
sha1H g farm to obtain a ccooppyy of the agenda.
acoDrdarngce with the ArtceAatts with Disaccommodation toabilities Act (ADA) of
contact life pity special
Me at 863-763-3372 for Inassis.P'7.
nes E lork, Mayor
Gann", GIC, City Cleric
.,
345
RmTrmrp 1 ?nna. Rcr-ni eR MccTiur-. Parc A nc 7
T'iFlewE :{ ➢,cq: r ^U�;qurn-++ :. F.fr F.33': ",'l2far. i'.." } .iJ F. S.w
•-u'.``-:.. i.:"'r4� �. e
�
-.- __._ _ —_ _ ._.. ..
VIII. NEW BUSINESS CONTINUED.
A. 2. b) Discussion.
Planning Consultant Brisson presented the Staff report findings, The Planning Board and Planning Staff are
recommending CPO verses their request for CLT, as discussed at the August 20, 2009 Planning Board meeting. Mr.
Brisson explained that although the requested CLT zoning is not necessarily inappropriate, based on the petition
analysis, Planning 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 petition, which is to operate a business office.
Council Member Markham made a motion to amend proposed Ordinance No 1048 changing that the property
would be rezoned from RMF to CPO, rather than CLT as recommended by Planning Staff and the Planning
Board: seconded by Council Member Williams.
Mayor Pro -Tem Watford requested that the Clerk notify the applicant of this change since they were not present at
this meeting, nor the Planning Board meeting, to confirm they do not have any objections or additional information to
provide regarding the rezoning.
VOTE ON MOTION TO AMEND
KIRK -ABSENT MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED.
c) Vote on motion.
VOTE ON MOTION AS AMENDED
KIRK -ABSENT MARKHAM-YEA O'CONNOR-YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED.
B.1. a) Motion to read by title only, and set Se temb as a final
public hearing date, for propose�garding
Petition No. 09-004-R submitted by orey an auren Iller, to
Council Member Williams moved to read by title only, and set September 15, 2009 as a final public hearing date, for
proposed Ordinance No. 1049 regarding Petition No. 09-004-R submitted by Corey and Lauren Miller, to rezone Lots
1 ,and 2, Block 216, First Addition to City of Okeechobee Subdivision, from RSF- to CPO Zoning District; seconded
rezone Lots 1 and 2, Block 216, First Addition to Okeechobee
by'Council Member O'Connor.
Subdivision, from Residential Single Family -One (RSF-1) to
Commercial Professional Office (CPO) Zoning District - City
Planning Consultant (Exhibit 3).
346
SEPTEMBER 1. 2009 - RF(;I II eR MFFTIN(:. Per.F 5 nc 7
AGENRA '`
COUNCIL ACTION - DISCUSSION- VOTE
VIII. NEW BUSINESS CONTINUED.
B. 1 b) Vote on motion to read by title only and set final public hearing date.
VOTE
KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1049 by title only.
Attorney Cook read proposed Ordinance No. 1049 by title only as follows: "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 SINGLE
FAMILY -ONE (RSF-1) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE
ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No.
Council Member Markham moved to approve the first reading of proposed Ordinance No. 1049-1 seconded by Council
1049.
Member Williams.
Planning Consultant Brisson presented the Staff report findings. The Planning Board and Planning Staff are
recommending approval, as discussed at the August 20, 2009 Planning Board meeting. There were no questions from
the Council nor the public.
b) Discussion.
VOTE
KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
C. Discussion regarding banners located at 701 North Parrott Avenue -
Mr. Jay Boree addressed the Council regarding the recently adopted sign ordinance. Mr. Boree leases property at 709
Jay Boree (Exhibit 4).
North Parrott Avenue, where he operates his window tinting and car wash businesses. He received a notice from the
Code Enforcement Department that his signs violate the ordinance. He requested allowances or waivers from the sign
regulations due to the current economy, explaining that the five signs and three flags attract potential customers. Two
of the signs are banners, which can only be posted for 14 consecutive days, four times per year. The two "sandwich -
board" signs are not permitted within his zoning designation. The flags are classified as "wind" signs and are not
permitted except for grand openings or special events. A photograph of the property was distributed to show how all
the signs are displayed.
Administrator Whitehall explained that the City has taken the current economy into consideration and is compromising
with business owners by allowing them to modify their banners as permit -table signs by adding a frame or other
attachments.
Page 1 of 1
From: Melisa Jahner
Date: 9/1/2009 12:19:43 PM
To: corey@bmhtaxes.com
Subject: Rezoning Request
Hi Mr. Miller,
Please be advised that the City Council will conduct a First Reading for your Rezoning Petition No. 09-
004-R, on Tuesday, September 1, 2009, 6:00 p.m.
The Final Public Hearing is scheduled for Tuesday, September 15, 2009, 6:00 p.m., following the
1st Budget Hearing.
Attached you'll find Ordinance No. 1049 for your review. Call me with any questions you may have. A
final signed copy will be forwarded after the adoption process.
I\\'l[elisa Jahner, Deputy Clerk
City of'Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
(363) 763-3372 x21.5
fax (863) 763-1686
NOTICE: ]Florida has a very broad public records lave Most written communications to or from government officials,
regarding government business, are public records, available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
file://C:\Documents and Settings\OwneALocal Settings\Application Data\1M\Runtime\Message\{D1E43OF5-OBAI-4B5C-B77E-1FA0754C9B7E... 9/1/2009
OF Ok��C
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5,
191cit of Okeechobee
Office of the City Clerk
September 22, 2009
Mr. Corey & Mrs. Lauren Miller
709 Southeast Hidden River Drive
Port Saint Lucie, Florida 34983
Dear Mr. & Mrs. Miller:
This letter is to officially advise you that the City Council at its regular meeting on
September 15, 2009 held a Public Hearing and approved your Rezoning Petition No.
09-004-R, adopting City Ordinance No. 1049.
Enclosed herewith please find a copy of the ordinance for your records. Should you
require additional information please do not hesitate to contact me. With best regards,
lam
Sincerely,
Lane Gamiotea, CMC
City Clerk
LG/hb
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
1 _ . _ Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
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
General Information
Owners/Applicants:
Owner Address:
Owner Phone Number
Owner/Applicants E-mail
Future Land Use Map
Classification
Zoning District
Use of Property
Acreage
Applicant: Corey & Lauren Miller
Petition No.: 09-004-R
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 4t" 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.
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 4t" Street. The Applicant intends to operate an accounting office at this site.
Staff Report
Rezoning Request
North: Future Land Use Map Classification:
Zoning District:
Applicant: Corey & Lauren Miller
Petition No.: 09-004-R
Commercial
CHV
Existing Land Use: Vehicle Sales Lot
East: Future Land Use Map Classification: Single Family Residential
Zoning District:
RSF1
Existing Land Use:
Vacant
South: Future Land Use Map Classification:
Commercial
Zoning District:
CHV
Existing Land Use:
Office Building
West: Future Land Use Map Classification:
Commercial
Zoning District:
RSF1
Existing Land Use:
Retail Stores
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.
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.
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 light 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.
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.
With very few exceptions, properties located between US 441 and 2 d 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 2nd 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.
Staff Report Applicant: Corey & Lauren Miller
Rezoning Request Petition No.: 09-004-R
8. 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.
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: (1S) September 1, 2009
Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial
4
Staff Report
Rezoning Request
City of Okeechobee Future Land Use Map
I A
4m R. -A It
S.W. 3 RD STRE-::
SW. 4 TH STREET
Ul
IIIavC
1J
3i
C6
SW- 5 T-14 STREET
S.W, 6 TH STREET
Future Land Use
SINGLE - FAMILY
MULTI - FAMILY
RESIDENTIAL MIXED USE
COMMERCIAL
INDUSTRIAL
PUBLIC FACILITIES
Applicant: Corey & Lauren Miller
Petition No.: 09-004-R
L4 I
co I I
SE- 3 RID STREET
S.E. 4 TH STREET
5 4 2 1 6 6 - 4 3 2 1
-SE. 5 TH STREET
S.E.ter^
6 TH STREET
51 --: Subject Property
5
Staff Report
Rezoning Request
City of Okeechobee Zoning Map
184
SW- 4 TH STREET
21
S.W- .5 TH STREET
206-1
207
SW. 8 TH STREET
L-1 m -m -
ZONING
=H
RSF1
RMH
RSF2
RMF
CPO
CLT
cso
CHV
IND
PUS
PuaR
F-1 PUD -M
2 1�1
Applicant: Corey & Lauren Miller
Petition No.: 09-004-R
208, 209
s.E. 4 TH
6 5 4 3
2
2157-- SE -
7 8 9 10 11 1 7 8 9 4
U1
Jcd
si. 5Tm STREET
4 3 2 1 6 5 4 3 2 1
221 F
4 G
SE. STH STREET
El = Subject Property
m
Staff Report
Rezoning Request
Okeechobee County Property Appraiser's Aerial
VEHICLE LES LO`r
�9.
Applicant: Corey & Lauren Miller
Petition No.: 09-004-R
9
-• -WAIJ4 i t S -E,4 IH
SF = Single Family Residential
V = Vacant Lot
7
August 12, 2009
Mr. and Mrs. Corey Miller
709 SE Hidden River Drive
Port St. Lucie, FL 34973
Dear Mr. and Mrs. Miller:
CITY OF OKEECHOBEE EMp�`ED
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Tele: 863-763-3372 Fax: 863-763-1686
Please be advised that the Planning Board/Board of Adjustments and Appeals of the
City of Okeechobee will be considering Rezoning Petition No. 09-004-R on Thursday,
August 20, 2009 at 6:00 p.m., or as soon thereafter as possible, in the City Council
Chambers.
A copy of the Planning Board/Board of Adjustments and Appeals Agenda is enclosed,
along with a copy of the Staff Report. If you, or a representative, cannot attend this
meeting please contact my office at (863) 763-3372 ext. 218.
Sincerely,
Betty J. Clement
General Services Coordinator
attachments
CITY OF OKEECHL,--.=
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
RECEIVED AUG
NIXIE 004 SE I
'004-83062012w � w
c CL $0.280
0
c 08/04/2009VU)
0.
% Mailed From34974 ..
00 08/07/09
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
BC: 04974293.99 *0675-01076-04--41
City of Okeechobee
55 SE Tr Avenue Tele: 863-763-3370 218
Okeechobee, FL Fax: 863-763-1686
)ear Property Owner: August 1, 2009
Fhe Planning Board wishes to inform you of a Public Hearing to consider Rezoning Petition No. 09-
)04-R to change the zoning designation from RSF-1 to CPO for property located at 110 SE 4'h St. The
'ublic Hearing for citizen discussion will be held at City Hall on Thursday. August 20, 2009 at 6:00
>.m., or as soon thereafter as possible. A copy of the application and agenda are available in General
Services, Rm 101. The Planning Board will make recommendations concerning the petition to the City
'ouncil for consideration and final adoption on Sept. 15, 2009. You are invited to atterd and be heard
n person or submit your comments in writing.
Respectfully, Betty J. Clement. General Servires Coordinator
'lease take notice and be advised that all interested parties and citizens shall have the opportunity to be heard at
these public hearings. Any person deciding to appeal any decision made by the Planning Board with respect to
my matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made
ind that the record includes the testimony and evidence upon which the appeal will be based. General Services
nedia are for the sole purpose of backup for official records of the Department.
CITY OF OKEECHO
rA 04. .3062012 y S "J
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OKEECHOBEE, FL 34974
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Mailed From3497
RECEIVED Qtr, 1 0 2009
X 334 N7C 1 SOSI 00 OGIOSi09
FORWARD TIME EXP RTN TO SEND
PERRY
309 SW ISTH ST
OKEECHOBEE Fl_ 34974--5259
RETURN TO SENDER
City of nkaerhnhee
55 SE � Avenue
Okeechobee, FL
)ear Property Owner:
Tele: 863-763-33 rt. 218
Fax: 863-763-1686
August 1, 2009
fhe Planning Board wishes to inform you of a Public Hearing to consider Rezoning Petition No. 09-
)04-R to change the zoning designation from RSF-1 to CPO for property located at 110 SE 4�' St. The
'ublic Hearing for citizen discussion will be held at City Hall on Thursday, August 20, 2009 at 6:00
).m., or as soon thereafter as possible. A copy of the application and agenda are available in General
Services, Rm 101. The Planning Board will make recommendations concerning the petition to the City
;ouncil for consideration and final adoption on Sept. 15, 2009. You are invited to attend and be heard
n person or submit your comments in writing.
Respectfully, Betty J. Clement, General Services Coordinator
'lease take notice and be advised that all interested parties and citizens shall have the opportunity to be heard at
these public hearings. any person deciding to appeal any decision made by the Planning Board with respect to
my matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made
tnd that the record includes the testimony and evidence upon which the appeal will be based. General Services
nedia are for the sole purpose of backup for official records of the Department.
NOTICE
PROPOSED REZONING
A PUBLIC HEARING WILL BE HELD REGARDING
A PROPOSED REZONING FOR
THIS PROPERTY
PETITION NO:
PROPERTY OWNER:
1106011Ls.�
Corey & Lauren Miller
PURPOSE: To change the zoning from Residential Single
Family -One (RSF-1) to Commercial
Professional Office (CPO)
FIRST PUBLIC HEARING: August 20, 2009 at 6:00 P. M.
FINAL PUBLIC HEARING: September 15, 2009 at 6:00 P. M.
FOR FURTHER INFORMATION CONTACT
GENERAL SERVICES DEPARTMENT
CITY OF OKEECHOBEE
55 SE 3RD AVENUE
OKEECHOBEE, FL 34974
(863) 763-3372 ext. 218
CITY OF OKEECHOBEE, FL1_. _IDA
55 S.E. 3rd Avenue, Okeechobee, FL 34974
N2 26210 (863) 763.3372
M . P I/ - 1- d,, 20
iC - Dollars
100
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