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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 321373 0020022000020 c si n� 32137350 0000!0 v 142. 5 A-3 v 142. 5 CT) Lyl w o �N R TJ FT FT -1 50 (-D CID --_j o� x N N 32137350020021600070 � OC� � "T' 2l3735002002t60003Ou 3213735002002!6000!0 321373500�VW600110 x 142. 5 142. 5 "T' 142. 5 142. 5 Ln Ln CD 5k o 32137350020021500050 N t� LA o �n O DO NoF4 L71 Oo LYI o Ul N CD ^' 32137350020021500070 CY O N C� O N Ln CIS ry ` CD /I\ FT -1 Ul Ll o o 213735 0 OD 15001( wx,32137350 0215001. 100010 Ln = Ln ( 2 1- 31 00010 R � 321.373 I \21 5000! Q 0 C.1) Ln w U. S. H GHWAY 441 S1 50 50 r � v N Ul a CD �J •32137350QPM700020 o n� 32137350020020700070 ) v � Cn 142. 5 ?��750020020700010 142. 5 0 x CDO 3Ml 35002b020800070 L 32137350020020800090 32137350800120 142. 5 142. 5 �K 32137350020020800060 32137350�rB00050 321373500800040 32137350020020B00030 32137350 B00020 32137350 TB00010 CD 142. 5 50 0 it 12 7 8 ' 9 '10 '11 't2 50 50 E IK STREET 50 bu 50 3' 2 1 6 5 4 3 2 1 142.5 f0 10 11 't2 7 '8 9 it 15D 47.5 47.5 142.5 12 60 50 50 3 2 1 6 5 4 3 2 1 50 10 10 It ' 12 N 11 50 47.5 47.5 142.5 12 3 2 • 1 47.5 10 11 12 5D 250 50 / 3 S 6 120' F1451.1 .21 -9 50 50 142.5 150 1 9 ' 8 ' 7 2 ISO - 1 3 218: 219 4 4 S 410'11'12 5 3 ' 50 50 50 50 142.5 6 50 47.5 142.5 i 3 2 1 9 B 7 2 _ 230 4 !0 ' it ' 12 f0 '11 '12 S 50 147.5 47.5 142.5 6 S. W. 7 TH STREET 50 47.5 47. w 1 z • W 3 2 1 238 ' Q 4 3 2 6 2 Q 0 - In 7. 8' 9 ' 10 ' i i *12 3 7; 8 9 10 11 12 ^ 1 8 g to 11 . 12 7• g ' 9 10 11 ' 12 50 50 50 STATE ROAD 70 R 169-13 P S. E. PARK STREET 50 50 6' 5 ' 4 3 2' 1 5. 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W. 5 TH STREET 142.5 47.5 47.5 4 5 3 2 1 6 7 8 10 it 12 9 142.51 47.5 47.5 (50) 41 AC w z w > Q 0 z C-1 3 Li 50 50 150 4 3 2 1 171 217.9 ' " 82. 1 171-5 ",A\ 217.9 82. 1 5 1 4 1 3 1 2 I l 6 a 7 • 8 19 110 lit 1 12 50 50 50 50 6 5 4 3 2 1 7 8 "10 'ii 12 50 50 w Z 6 5 4 3 2 1 w 0 Q m ui 7 ' 8 9 10 '11 '12 5So S. E. 3 RD STREET 6. 5 ' 4 3. 2 ' t 7 ' 8 ' 9 10 '11 '12 50 50 S. E. 4 TH STREET 50 25 25 50 50 35 35 50 50 6 4 3 2 1 6 5. 4 3 2 1 91 A 11 m 10 C _ 7891 11'12 ru 1' 8' 9; N 4 3 2 50 50 25 25 50 50 35 35 50 5 50 50 S. E. 5 TH STREET 50 50 50 6 5 4' 3 2 1 221 to _ 7 8 .9 G 2� •4 3 50 50. - 5 50 50 50 50 50 6' 5 ' 4 ' 3 ' 2 i 7 8 9 10 11 12 50 50 50 S. 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E. 2 NO STREET 300 210-1 252.30 d7 2tio : B . 4 3 2 115.08 5 50 5 Z 12 ' 11 '10 9 7 w a w ^13' 14' 15 16 17' 1 cn 5n 9F 2F 50 50 25 25 5 12'11 '10 '9 1 8'7 13 ' 14 ' 15 16 1 17 ' 1 50 50 2 50 12 it 10 9 8 7 130' 14 15 16 17 1 50 50 50 ` I"_ 200 12 it 10 9 8 K 200.01 S. E. 8 TH STREET 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 , M ° 0 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 0 fn m L O^ r O 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 ° a 55 SE THIRD AVENUE a 0 $0.280 4 ~ OKEECHOBEE, FL 34974 a� p a '; Z 08/04/2009%,=) l • k 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 CRK