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2010-03-18AGENDA I. CALL TO ORDER Chairperson. March 18, 2010, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Secretary. Chairperson Devin Maxwell Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Alternate Member Karyne Brass Alternate Member Phil Baughman Attorney John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the February 18, 2010 regular meeting. IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MARCH 18, 2010 SUMMARY OF BOARD ACTION ACTION DISCUSSION -1 Q TE Chairperson Maxwell called the March 18, 2010 meeting to order at 6:00 p.m. Secretary Clement called the roll: Present Absent (with consent) Present Present Present Present Present Present (Moved to voting position) Present Present Present Present Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the February 18, 2010 Regular Meeting; seconded by Member Brass. There was no discussion on this item. VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- YEA MCCOY YEA MORGAN YEA BRASS YEA MOTION CARRIED. LUVIANO YEA PAGE 1 OF 6 Chair Maxwell asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda? There were none. 327 328 A ENI A V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 10- 002 -SSA submitted by D A Properties, Inc. to change the Future Land Use classification on Lots 1 -5 of Block 147, City of Okeechobee, from Single Family to Commercial at 310 NE 7 Street Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing Chair. 5. Board Discussion. 6. Consider motion and vote. MARCH 18, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 2 OF 6 ACTIN DISCUSSION VOTE Mr. Brisson presented the Planning Staff Report for Small Scale Comprehensive Plan Amendment No. 10- 002 -SSA stating land use change is to accommodate parking for the development of Shoppes on the Boardwalk. Staff is recommending approval suggesting at site plan review the applicant be required to have unity of title or some legal document tying the parcels together. Wes Abney, representing Seminole Design Build addressed the Board and confirmed the land use change was for parking for the development. Chair Maxwell asked whether there were questions for Mr. Abney from the Board. There were none. Chair Maxwell opened the Public Hearing for any questions or comments from the public. There were none. Chair Maxwell closed the Public Hearing. Board inquired why unity of title was suggested. Mr. Brisson explained unity of title would tie this parcel to the larger development parcel and could not be developed as long as parking was required for the development. Member Burroughs moved to find the application consistent with the Comprehensive Plan and recommend approval to City Council to change the and use designation from Single Family (SF) to Commercial (C) for property located at 310 NE 7th Street, Lots 1 -5, Block 147, City of Okeechobee, Application No. 10-002-SSA; seconded by Member McCoy. With additional conditions that the subject property be tied by unity of title to be used in conjunction with the development of existing property. GENOA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. Application No. 10- 002 -SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 before City Council. B. Petition No. 10 -001 -R submitted by D A Properties, Inc. to change the Zoning classification on Lots 1 -5 of Block 147, City of Okeechobee, from Residential Single Family -One to Heavy Commercial at 310 NE 7th Street Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing Chair. 5. Board Discussion. 6. Consider motion and vote. MARCH 18, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 6 ACTION DESCUSSION'- VOTE VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- YEA MCCOY YEA MORGAN YEA BRASS YEA MOTION CARRIED. LUVIANO YEA Application will be forwarded in ordinance form for a final Public Hearing on April 6, 2010 before City Council. Mr. Brisson presented the Staff Report for Petition No. 10 -001 -R for rezoning from RSF -1 to CHV in connection with Application No. 10 -002 SSA. Staff recommends zoning request be changed to Light Commercial (CLT) for less density than CHV. Mr. Abney confirmed the choice of the applicant is CHV to be consistent with surrounding zoning. Darrell Ferneau, 1302 SE 8 Avenue addressed the Board expressing no objection, stating the development is very nice. Chair Maxwell closed the Public Hearing. The Board discussed the zoning, historical concerns, residential closeness to the development, and consistency. Member Burroughs moved to recommend approval to City Council for Petition No. 10 -001 -R to change the zoning from Residential Single Family -One (RSF -1) to Heavy Commercial (CHV) for property located at 310 NE 7th Street, Lots 1 -5, Block 147, City of Okeechobee; seconded by Member McCoy. VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- YEA MCCOY YEA MORGAN YEA BRASS NAY MOTION CARRIED. LUVIANO YEA 329 330 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No. 10 -001 -R submitted by D A Properties continued. Petition will be forwarded in ordinance form for a final Public Hearing on April 20, 2010 before City Council. VI. CONSIDER QUASI- JUDICIAL ITEMS. A. Application No. 10 -001 -V Submitted by Steven Andrea Nelson, to consider a Variance for decreased side and rear setbacks and increase impervious and building coverage at 1407 SE 8 Avenue Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing Chair. 5. Board Discussion. 6. Consider motion and vote. MARCH 18, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 4 OF 6 ACTION- OISCUS$iON- V TE, Petition will be forwarded in ordinance form for a final Public Hearing on April 20, 2010 before City Council. Mr. Brisson presented the Planning Staff Report of denial stating no explanation from the applicant as to why the shed needs to be placed in the same non conforming spot. Also no hardship was reported. He further went on to articulate, the city code is quite explicit on the regulations for approving a variance, for which the applicant has demonstrated none. Mr. Nelson, property owner and applicant reported to the Board, living at the same address for 30 years and having the shed for 25 years. The shed now needs to be replaced and needing more space. Mr. Nelson stated he wants to improve the property and has spoken to all his surrounding neighbors and none objected. Darrell Ferneau, 1302 SE 8th Avenue, neighbor reported having no objection. Chair Maxwell closed the Public Hearing. The Board discussed neighborhood improvements need to be allowed, along with fixing non conforming regulations and consideration regarding rights of the property owners. Board Member Burroughs moved to approve Petition No. 10 -001 -V to decrease side and rear setbacks and increase impervious building coverage at 1407 SE 8th Avenue; seconded by Member Morgan. 1 1 AGENDA VI. CONSIDER QUASI- JUDICIAL ITEMS CONTINUED. A. Application No. 10 -001 -V continued. B. Application No. 10-002-SE, submitted by Triple E Management, Inc., to consider a Special Exception for Auto Repair Service, Outdoor Display of Vehicles and Tire Sales at 601 South Parrott Avenue Planning Consultant. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment. 4. Close Public Hearing Chair. 5. Board Discussion. MARCH 18, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 5 OF 6 A T[ON DISCUSSION V€ TE VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- NAY MCCOY NAY MORGAN YEA BRASS NAY MOTION CARRIED. LUVIANO YEA Mr. Brisson presented the Planning Staff Report of approval, stating this location has been in business for many years, but has not been in operation for 6 months. The Special Exception is now being requested by the owner of the property to avoid further problems. The concerns are landscaping, due to extensive pavement, safety issues due to four ingress /egress opportunities and anesthetics such as the fence. Staff feels landscaping could be improved through planters. Mr. Emilio Perez, owner and applicant addressed the Board stating he has been the owner for 20 years. The property has been leased for many years. Have had no problem with the school located on the south side of the business. Will replace the wooden fence and stipe the 3 parking spaces requested by the Building Official of the City. No problem with providing landscaping, however closing any of the existing driveways would be a problem. Pastor Jim Waters of Grace Brethren Church spoke concerning possible noise that would be generated by the new Ieasee, ei, air wrenches and pneumatic tools. The church and school want to appeal to the community with neatness and clean property, also surrounding properties. Chair Maxwell closed the Public Hearing. The Board discussed having damaged cars in a fenced area at the rear of the property so as not being visible from the street. Clean cars for sales could be placed in front. Lengthy discussion ensued regarding ingress /egress of property, also noise issues. 331 332 VI. CONSIDER QUASI- JUDICIAL ITEMS CONTINUED. B. Application No. 10- 002 -SE continued. 6. Consider motion and vote. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. VII. ADJOURNMENT Chairperson. ST: PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. Betty et`nent, Secretary Devin Max ell, Chairperson MARCH 18, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 6 OF 6 A C' i CLJSSION VOTE Member Burroughs moved to approve Petition No. 10 -002 SE to allow Mechanical and repair service, reg. Sec. 90- 283(7), and Outdoor vehicle sales lot (18) for property at 601 South Parrott Avenue; seconded by Member Brass with the conditions of fencing along rear and side of property, wood or slatted, driveway closest to SE 6` Street and Parrott Avenue be closed to vehicular traffic, landscaping provided with containers, and improve the remaining existing driveway on SE 6th Street. MCCOY YEA MORGAN YEA BRASS YEA VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA KELLER- YEA MOTION CARRIED. There being no further items, Chair Maxwell adjourned the meeting at 7:43 p.m. LUVIANO YEA Chair Maxwell asked whether there were any requests for amendments to the City's Land Development Regulations. There were none offered. 1. CALL TO ORDER- Chairperson: February 18, 2010 Planning Board/Board of Adjustment and Appeals Regular Meeting 6:00p,m, 11, CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE Secretary. Chairperson Maxwell Vice Chairperson Hoover Board Member Burroughs Board Member Keller Board Member McCoy Board Member Morgan Board Member Luviano Alternate Brass Alternate Baughman Eenior Planner Brisson Attorney Cook Secretary Clement 111. MINUTES Secretary. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES MARCH 18, 2010 Present Absent Page 1 of 10 voht icbs(Ifo A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment :'ment and Appeals Action for the February 18, 2010 regular meeting, MOTION: J21 moved to dispense with the reading and approve the Summary of Planning Board/ Adjustment and Appeals Action for the February 18, 2010 regular meeting; seconded by VOTE: A. 1, Hear from Planning Staff A 442.4-K_ ELL HOOVER 61 BURROUGHS KELLER MCCOY IV. AGENDA Chairperson. V. CONSIDER PETITIONS AND APPLICATIONS. JANUARY 21, 2010 PB/BOA MINUTE GUIDE PAGE 2 OF 10 YEA MORGAN LUVIANO BRASS BAUGHMAN RESULTS CARRIED NAY ABSTAIN DENIED A. Requests for the add tion, deferral or withdrawal of items on today's agenda, Application No 10-002-SSA submitted by 0 A Properties, Inc, to change the Future Land Use classification on Lots 1-5 of Block 147, City of Okeechobee, from Single Family to Commercial at 310 NE 7 Street Senior Planner aA46,1- /ki// 4 -et„e- ant/L/244,J #--e- )ait..6160 7 64-ct, ,k14, V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 2. Hear from the Property Owner or designee/agent, P0.6•2 4 4-tyyl 3. Open Public Hearing for public comment Chairperson, 4. Close Public Hearing Chairperson, Board Discussion, ,144G6 OVU4 OAt )4 h10-(7m-et,,,C)114, akies.40 u)lted teJ' 7 MARCH 18, 2010 PB/BOA AGENDA PAGE 3 OF 10 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 6, Consider motion and vote MOT ION: 1 oak.1 lembcr ni0\ n nsitcn inc on ith thc Coniprclicn,i c Plan an,. revonuilLm(Qypro\ cilia! to changc not t.lt.in;„ I1L Lind u,e dc 1:.uni13 )10 Commk2rL'ial lor proNw locitotl \I' 71 11 et 1 ot., 1-5 Mock 14' Cit\ Okecchollec Comprchenkc Plan Small 1 no \in1/4mdincnt Applicanon o 10-00? N.: s.cconLlcd 11\ len+cr M VOTE: .44- „At_ 2-Ce YEA NAY ABSTA EL HOOVER da,124:2r BURROUGHS KELLER MCCOY MORGAN LUVIANO BRASS BAUGHMAN RESULTS CARRIE DENIED Petition No, 10-001-R submitted by D A Properties, Inc, to change the Zoning classification on Lots 1-5, Block 147, City of Okeechobee, from Residential Single Family- One to Heavy Commercial at 310 NE Tr Street Senior Planner, 1, Hear from Planning Staff. f iAl &T 61A-ei /1 to/tc-k ,eet, itiA)L2 #6/ 1-44-41- c_1:7 MARCH 18, 2010 PB/BOA AGENDA PAGE 4 OF 10 t CNA-t-e&AJ--1 d4 kfaLt (4,4- toeuLe( at,e-c-aa-ote p :/4 r6 G-34_ cAvvo MARCH 100 0 PB/BOA AGENDA PAGE 5 OF 10 CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 2. Hear from the Property Owner or designeelagent, )J 3 A-"- A/t 3 Open Public Hearing for public comment Chairperson. 741/r I A 213 re rine_a_t( /3.4 ,f.2 wo,pd ,o+- Atut5 itef en en/. D 6 Gdt-e) 62-4612 •-C) c /f-v LJ, 4 Close Pubhc Hearing Chairperson. 5. Board Disou_sion e t-19- bythti-L-6, A t ctuj. ,k(k. -e-vk (to -6-(4A4-e--et sit.e --ic) Guct,„ a A /P5. we' elf1/ cf-kt,W(4 _60/4 -IJAQ,*triLe_494 e 4,44 Lt <_A____. J ee /<-1-2 UL ciTch,ctie_>/o-i,1 f ,55d rt Lie) (tht 0 NeT raw- 1 1(.12 it ‘2. lia4u/GtA Alt a e (A, )ii 051 &tr too, Le, a-er2i t fr-i 77t4 09a-rke-L. ate..et V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 6. Consder motion and vote, MOTION: Board Icnther DL- il t- 11 filo\ ed to recommend to ('it■ Council Petition No 10-001 R. changfn the /of ifinf1 from 1Z.eidentidl Sink 11ef.t\ onmictLial (C11V) lor propert■ located 10 NI 7' Street. Okeechobee: seeonded hv Bard Nlentheri/Yle C- VOTE: A. Keller Hoover Burroughs Mccoy Morgan Luviano Brass Baughman Results VI. CONSIDER QUASI-JUDICIAL ITEMS 1, Hear from Planning Staff, L 7)(4I Act,„ t1/ 0 -4-et( YEA MARCH 18, 2010 PB/BOA AGENDA PAGE 6 OF 10 NAY ABSTAIN Denied done 1.amil■ -One (RS1 -1) to Lots 1 Hlo.k 1-17. it> of Application No 10-001-V Submitted by Steven Andrea Nelson, to consider a Variance for decreased side and rear setbacks and increase impervious and building coverage at 1407 SE Avenue Senior Planner, uvic 4 t otAkeA. ifrf ,51/vot 91 41-471- u-7( it* Ai() c 0(//,_‘77.. e keel t z 7 ice+ t-f-ii MARCH 18, 2010 PB/BOA AGENDA PAGE 7 UN ccs Le7 e fr\ JC A e nt Cob DOE_ 1 VL CONSIDER QUA I-JUDICIAL ITEMS 0 INUED 2, Her from the Propert Owner or designeelagent. ,a, ,Aw c.k 6-1,0 -}-773 t--"r-i__ 54,4 .A.,-,_. 5,/ ilei -7s t-hIAN2-04- Apyu___ 3 Open Public Hearing for public comment Chairperson Da.)-1. '---211./Y1,0--- NO egO6tE/1/k CU 6- Of DARR r-OZ/4/ 6:42 56 /4 4. Close Public Hearing Chairperson. 5, Board Discussion, C40 ctruk- cOrtuce_ v)Kiii-t—it,2441/ Afte-en-ct-dA-4 -P4 /1L4-4 VI. CONSIDER QUASI-JUDICIAL ITEMS CONTINUED 6. Consider motion and vote, MOTION: Road \lcinher and rear setbacks and in Brrirk.1 \1 hi D6e St 0,0 VOTE: Maxwell Results Carried Denied B. Application No, 10-002-SE, submitted by Triple E Management, Inc,, to consider a Special Exception for Auto Repair Service, Outdoor Display of Vehicles and Tire Sales at 601 South Parrott Avenue Senior Planner, 1, Hear from Planning Staff Y AtiAU-k *if/ 1/6-d7 AO* „c-,2 ati ait nio\ ed e impervious 4241-Ck_ Hoover 0 4 10 j _d- Burroughs Keller Mccoy Morgan Luviano Brass Baughman MARCH 18, 2010 PB/BOA AGENDA PAGE 8 OF 10 4.6 uppro\ e den) Petition \u. I ()0U to decreased side a:. rig coverage at 1407 SE 8 Avenue YEA NAY ABSTAIN ke-L 1 1 c& i emci A_ 6 cruz_ 614 4 12- L (0 ,12 )10 d 5) a l're°6ctt a-x-cifi- ,744 I 1-111- alt-a L16 tiL6tILd 44(— 1,11 OSf do Lei 4lA :>q .l2 -cam �L G0 X 11 VI. CONSIDER QUASI-JUDICIAL ITEMS CONTINUED Hear from the Property Owner or designee/agent. Wood Cxx.r-c Lk&e_ekie 0 irtegti fiat /-60.44 3 Open Public Hea n for'eublie comment- C,airperson. GOitti2o 6 fif 417 ag,„L- 0.-ee.ti-,Zi '6 41114 c h: 2 111474 1) h ,atek 44.4e6,,.. fit,/ 6-ere 4. Close Pubic Hearing Chairperson. Board Discussion. fj2- e-L-Ct Ct eato-At- (0)-04 acitV @3t th 1 1, (7Le.L. 5/ 6 'If <24)r d dOe-zto- ,Citem,,,A__,9-10LA#6-4 6 c61/4 Yitatt"-;12/W424,_ atv-to-t- a Ctp_e ce-a- 6t7/4-i MARCH 18, 2010 PB/BOA AGENDA PAGE 9 OF 10 ChA- SekCd,-0, (.0( Oxk 4 Okt 1 6C:010 0 ,9-11 5'eLf-r (14-e- e5,4 VI. CONSIDER QUASI-JUDICIAL ITEMS CONTINUED 6. Consider motion and vote. MOT ION: lio:ird NIt.m nto\Ld 10 aprro\ c Ition No 10-002-Sk to al lo\A Auto Repair ,t.••• Service, ref. Sec, 90-28,w),and Outdoor Display of Vehicles and Tire Sales. ref. Sec, 90-283(18) at 601 South Parrott Avenue 1/4.‘condol 1 Koard l\kmticr 0 Ce ilk e l).- re-..e-- it ft •51......0e-c_ to Obd tl Y 121e.( VOTE: pAA,t.. 6 e_i_e.---A.,,_,- 4------- e.47-z_e_..- Ite i6-4 p i. tx -CFNC1 "i B t./ Vi NEW BUSINESS Maxwell Hoover Burroughs Keller Mccoy Morgan Luviano Brass Baughman Results VIL ADJOURN REGULAR MEETING Chairperson MARCH 18, 2010 PB/BOA AGENDA PAGE 10 OF 10 Carried Denied A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. Chairperson Devin Maxwell Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Alternate Karyne Brass Alternate Phil Baughman Attorney John R. Cook Senior Planner Bill Brisson Secretary Betty Clement III. MINUTES Secretary. IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING MARCH 18, 2010 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, March 18, 2010, 6:00 p.m. Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the February 18, 2010 regular meeting. Page 1 of 3 V. CONSIDER COMPREHENSIVE PLAN APPLICATIONS AND REZONING PETITIONS. A. Application No. 10-002-SSA submitted by D A Properties, Inc. to change the Future Land Use classification on Lots 1 -5 of Block 147, City of Okeechobee, from Single Family to Commercial at 310 NE 7th Street EXHIBIT 1: 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. B. Petition No. 10 -001 -R submitted by D A Properties, Inc. to change the Zoning classification on Lots 1 -5 of Block 147, City of Okeechobee, from Residential Single Family -One to Heavy Commercial at 310 NE 7 Street EXHIBIT 2: 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. VI. CONSIDER QUASI- JUDICIAL ITEMS. A. Application No. 10 -001 -V Submitted by Steven Andrea Nelson, to consider a Variance for decreased side and rear setbacks and increase impervious and building coverage at 1407 SE 8 Avenue EXHIBIT 3: 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. MARCH 18, 2010 PB /BOA AGENDA PAGE 2 0F3 VI. CONSIDER QUASI JUDICIAL ITEMS CONTINUED. B. Application No. 10- 002 -SE, submitted by Triple E Management, Inc., to consider a Special Exception for Auto Repair Service, Outdoor Display of Vehicles and Tire Sales at 601 South Parrott Avenue EXHIBIT 4: 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. VII. NEW BUSINESS. A. Consider requests for amendments to the City's Land Development Regulations Chairperson. VIII. ADJOURN Chairperson. PLEASE 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 /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. MARCH 18, 2010 PB /BOA AGENDA PAGE 3 OF 3 Property address directions to property: 3i D 4 i 7 64 67 Petition No. 1 0 002 Parcel Identification Number: 3_ l 5- 37 3!".;" Oo t p 04 4 70 0c)4 0 Size of the Property (in acres): s q Current Zoning Designation: 5 j= jZ. 2 nd Hearing: C1 f L I v Current Future Land Use Designation: 5 F-, f Existing Use of the Property t.j pracQ /001,4- ,46„.., bcmo Proposed Future Land Use Designation: (/a,9v r d', /0 7e zd,;, L l Proposed Use of the Property x i c, e j ,47,4 2,� i G, 4 .4.Z 'V u3 c i aYYI r u j 4i .t 4 4 t A l v C J Description of Surrounding Properties: 5t, tt3e5. s44 04 WRIMinial C- wtw, i-\-t y Co,M..1\ Zest oe'h v e, Legal Description of the Property (Lengthy Description May be Attached): C 0 z. r /Tke c 5/7 G>> 7 e%ger7G-Aeriee is Name of property owner(s): A} r p c,2.Al c: j i„i C, Petition No. 1 0 002 Fee Paid :II60 QU V (B Owner mailing address: ?Di AL G 6 Es) 14 e e-e_- 0 c.1 r-L. s i-4 e -7 2 nd Hearing: C1 f L I v Name of applicant(s) if other than owner (state relationship): f Applicant mailing address: A fs° q 5 e %e t ,e R 5 ?•p� Applicant e-mail address: 'A D,ck cr 1+.'- .1 L 5'015 E rvi c o Name of contact person (state relationship): airs .•"7 0 Contact person daytime phone(s): S (.23 7 /.5 Fax: -5 7 E%(,) d City of Okeechobee General Services Department 55 S.E. 3r Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 3372, ext. 218 Fax: (863) 763 -1686 Date: Petition No. 1 0 002 Fee Paid :II60 QU V (B 7u iisdictiona P( m 1st Heating 3 v j 4 0 2 nd Hearing: C1 f L I v tans cl a 8-'{. 3 /1 0 .3/.7(9 Comprehensive Plan Map Amendment Application and Checklist EXHIBIT 1 Please Check One: V' Small Scale Amendment (Under 10 Acres) Large Scale Amendment (Over 10 Acres) Uniform Land Use Application (rev. 11/08) Page 1 of 2 1 shall pay the actual cost. Letter Outlining Request Notarized Letter of Owner's Authorization 2 Uniform Land Use Application (rev. 11/08) Printed Name In Survey of Property (11" x 14 20" Scale) 850.0 small scale $4,000 large scale plus $30 per acre Application Fee (non- refundable) Note: esolution No. 98 -11 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 `pt rdt fi(11! tt Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 day and may result in the summary denial of this application. ;I f Checklist for Com rehensive Plan Amendment a a lications 1 2 4a 4b 5 6 Completed and signed application Applicants letter outlining request Notarized letter of consent from owner Property survey certified boundary survey, date of survey, surveyor's name, address and phone number Legal description on survey Computation of total acreage to nearest tenth of an acre on survey Drawing size 11 x 17, if larger size, submit 13 copies City location map within 100 feet of subject property Application fee (non refundable) 850.00 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. 1,41- ID Necessary only when the applicant is different from the property owner. City Location Map 2-'? /c) Date Page 2 of 2 From: Anita Nunez To: City of Okeechobee D A Properties Inc. 701 N.E. 3r Street Okeechobee, FL 34972 (863)467 -0611 As a director owner of D A Properties Inc. I authorize the request for Comprehensive Plan map Amendment and rezone of 310 N.E. 7 Ave., five lots, to heavy commercial from RSF 1. Sworn and subscribed to me this day of BY Z.2►u,2 Ai-414,77 aj, Who is personally known r/ or who has produced ID Notary Public State of Florida County of �p a/° RBF w /Cap No.5178 LOT 5 PP W /A11Q IL E CTREST ri Iry GTREET I P 70'1 /W ASPHALT LOT 4 o N89'54'180 E 272.75'(F) 272.8'(P) LOT 3 0. B4 AC. +1— VACAPIT p(I GY S89'54'51 M 214.12'(F,P) Cort' RC I AL NOTE: ALL CORNERS RESET PER PREVIOUS SURVEYS PERFORMED BY DEHAYS OESIGN, JOB 90.09- 002 -5, DWG. NO.28668. DATED 1/23/09 6 JOB 90. 09- 013 1, 096.90.27645, DATED 4/26/09. —.L LOT 2 14.89'(C) 15'(P) RBF w /Cap No.6288 GHIELL RBF w /Cap No.5081 I_ 741` RBF'Unnumbered i WELL 6. There may be additional restrictions TAr1K 0 0 that are not recorded on thls survey that say be found In the Public Records. X 11 PRE OA ver DOIi'UARY GURNEY OP I po o I LOTS 1, 2, 3.4 6 5, BLOCK 147, OKEECHOBEE, 1 according to the plat thereof as record 1 FIOGE DIDB 1 R i Records of Okeechobee t beeCounty,Florida. I GTAT I Or1 ,VALVE 40 20 0 40 SCALE AS SHOWN TYP ICAL LEGEND (WHERE APPLICABLE-SEE DRAWING) PRM- PERMANENT REFERENCE MONUMENT PCP PERMANENT CONTROL POINT CIF-CONCRETE MONUMENT FOUND CMS CONCRETE MONUMENT SET RBF- 5 /B'REBA9 FOUND RBR- 6 /B'REBAR RESET a /Cap No.8176 IPF IRON PIPE FOUND P0L -POINT -ON -LINE UTS -UNITED TELEPHONE SERVICE FPL- FLOIDA POWER 6 LIGHT CO. (Fl -FIELD MEASURE (P(-AS PER PLAT (C(- CALC.OISTANCE (0) -AS PER DEED S /T- SEPTIC TANK !61 MANHOLE FC -FENCE CORER PP -POWER POLE CI6'-CORRU6. MET. PIPE TOB -TOP OF BANK RCP-REINF. CONC. PIPE CB -CATCH BASIN OVENHO. LINE MM -MATER METER --m —FENCE LINE U6 -UNDERGROUND Q,RVEYOR IIOTEC 1. Bearings shown are relative assuming S21'08'554 along East Property Line. 2. This survey Is based on Information provided by the customer /agent and no search was made of public records by thls office to verify or deny owners, easesents,or right -of ways. 3. NB visible or underground Improvement has been located except as shown. 4. This survey Is not valid without the signature and the original raised seal of a Florlda Licensed Surveyor and Mapper. Additions or Deletions are prohibited without written consent of Surveyor. 5. According to FIRM map dated 2/04/1981 panel 120177 02006, parcel Iles in Not Included Area of City Limits, Flood Zone C, per Okeechobee County Planning 6 Zoning Department. STATE 9 112 6 3 2 B 9 10 II 12 101 e 9 3 10 11 12 EN 5 e 3 N. E. 6 rH STREET E r STREET 5 `r. E. 4 TH STREET Om 10 II 12 0.3 RD STREET N. 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CO I 2 135 315371732 40, 70 z 't` 343115021 97,97 253 72 3 [5AJ 21537350600900084000 A n" %26 735021571 135 5373 x� °°9-94.‘ v 7 0 530 21,}ppt�p340 3 7 L 00 J -50 373502110000W 105 315 [I oq[ s r 311 0040 31537350010011700020 6 4 C 2 4 A 110011800100 50 1 12 120 315 ,4000100 10011600110 50 12 50 50 350010014500'1 LCD 50 ti LO LLJ 31637350010011700070 31537350010011700100 31537350010011500070 7 8 50 50 3 RD STREET 31537350010011500100 10 11 12 i 2 D STREE 31537350010014900010 —5 4- 2 LCD In cJ537350010014900070 fl 50 31537350080011600040 5 5 50 72,6 A58735021 0000 ',173 15373 1 j0 X31537350 ^314 50000000 31537 A000000050 0 3153735000000000 10 1 III 31537350010011600070 10 50 6 7 50 i 3 7 50 31537350010014800010 31537360010011600020 3 2 31.373500100116 7 6 9 10 11 12 9 7 7 50 3 LCD O 5373500100001000fl0 0010 1 D .49 AC 31% 37350010000100I11< 1K) 48 AC CALC, [8C] 21537350600000080000 47 AC 3 3 107.85 i 145 u160 l' 1 w 105.79 z I N 4 3 v 315$7 00140 w 49 11537354 X315373511 1 c. CO I 2 135 315371732 40, 70 z 't` 343115021 97,97 253 72 3 [5AJ 21537350600900084000 A n" %26 735021571 135 5373 x� °°9-94.‘ v 7 0 530 21,}ppt�p340 3 7 L 00 J -50 373502110000W 105 MA Lass WAIN lasso •t dILY70 1. tv NZINOTIr GRAPHIC SCALE T H e r MLTIM AYpUE /MINI 1 ft EL MO 7.7 50 0 w v cfna SULONS T r NO. SAW I i (San a..an t 4 NL711 ANDSX p BHOPPEB ON THE BOARDWALK KENNEDY. LYNCH ASSOC., INC. CONSULTING CIVIL CNCINCCR• LANG CNELOPNCNT GONSULTANTS v 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. StaffReport—SmaII Scale Comprehensive Plan Amendment Prepared for The City of Okeechobee Applicant: Anita Nunez D A Properties, Inc. Petition No. 10- 002 -SSA Staff Report Small Scale Amendment General Information Owner /Applicant: Applicant Address: Applicant/Contact Phone Number: Applicant/Contact Fax Number: E -Mail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage 863 467 -1115 Existing Residential Single Family RSF1 Vacant 0.84 Property Location: 310 N.E. 7 Street Applicant: D A Properties, Inc. Petition No.: 10- 001 -SSA Anita Nunez, D A Properties 701 N.E. 3 Street Okeechobee, FL 34972 863 467 -0610 RDaughtrey @SDBTeam.com Wes Abney, Business Operations Proposed Commercial CHV Commercial Parking Lot 0.84 Legal Description LOTS 1, 2, 3, 4, 5, BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial for 0.84 acres of land located at the southeast corner of NE 7 avenue and NE 3rd Street. The intended use of the property is a 73 space parking lot, part of the Shoppes on the Boardwalk development and will provide required parking for other commercial components of the project. Staff Report Small Scale Amendment Applicant: Nunez D A Properties, Inc. Petition No.: 10- 002 -SSA Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Commercial Zoning District: CLT Existing Land Use: Single- Family Residence, but the property has been approved for offices as part of the overall Shoppes on the Boardwalk project. East Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant and Taylor Creek; but the property to the southeast has been approved for indoor recreation with future retail and /or office development planned for the property immediately to the east, all as part of the overall Shoppes on the Boardwalk project. Future Land Use Map Classification: Commercial South Zoning District: CHV Existing Land Use: Retail and /or offices approved as part of the overall Shoppes on the Boardwalk project. West: Future Land Use Map Classification: Single Family Zoning District: RSF1 Existing Land Use: Single Family Residence General Analysis and Staff Comments Based on the size of the property (0.84 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. Staff Report Small Scale Amendment Applicant: Nunez D A Properties, Inc. Petition No.: 10- 002 -SSA Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The requested Commercial future land use designation appears to be consistent with the general pattern of commercial expansion evident in the area, particularly in light of the recent approvals for commercial uses on parcels to the immediate north, south and east. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities The applicant has indicated that the property is proposed only for use as a parking lot for nearby commercial components of the Shoppes on the Boardwalk project. Consequently no additional demand for water or sewer, or generation of solid waste or traffic can be expected beyond that associated with previously approved commercial components of the Shoppes on the Boardwalk project. However, in order to ensure no additional or unanticipated intensity of use on the property as envisioned in the foregoing paragraph, the subject parcel should be tied by unity of title or other mechanism to the properties for which it is providing required parking. 3 Staff Report Applicant: Nunez D A Properties, Inc. Small Scale Amendment C. Compatibility with Adjacent and Nearby Land Uses Petition No.: 10 002 SSA Use as a parking lot is compatible with nearby and adjacent uses. All immediately surrounding properties are part of the Shoppes on the Boardwalk. Properties to the east and northeast are largely zoned and developed in residential uses, although some are vacant. Recommendation Based on the foregoing analysis, Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Single Family to Commercial subject to a condition that the subject parcel is tied by unity of title or other legal mechanism to the properties for which it is providing required parking. Submitted by: James G. LaRue, AICP Planning Consultant March 10, 2010 Planning Board hearing: March 18, 2010 Council Hearing: April 6, 2010 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 4 Staff Report Small Scale Amendment 11 12 7 8 9 1 10 11 12 N..E. 3RD STREET 2 1 1 Wu Z COMPREHENSIVE PLAN LAND USE SINGLE FAMILY MULTI FAMILY COMT\ IERC: IAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE CITY FUTURE LAND USE 1 Applicant: Nunez D A Properties, Inc. Petition No.: 10- 002 -SSA Subject Property 5 21 Staff Report Small Scale Amendment 7 8 9 10 11 12 ILI z X ZONING ale. cow OUS.IEW 11.1ThiC al O ..fatle• COMEO.A. al. wrt cameo rw .c «-Snrww_ 4 .t&t0 BO -ima m new R101-1,BIK E ■CU1IEL ROM #L BW BE.ri0EN1 fIMLY BIM- Bf*DEVIL/ 1101111.010 rfl RESIat*TPIA, WOOL BBMLY 41/2-Bf. taI EB101.E fAMtY 6A 7 8 9 10 11 12 NE. 3RD S?IRREEIr N.E. 2 ND STREET T CITY ZONING Subject Property Applicant: Nunez D A Properties, Inc. Petition No.: 10- 002 -SSA 6 Staff Report Small Scale Amendment Okeechobee County Property Appraiser's Aerial Applicant: Nunez D A Properties, Inc. Petition No.: 10- 002 -SSA and Proposed Shoppes on the Boardwalk Subject Property 7 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax• R63 761 -1686 Date: 1 fl 3010 Petition No. 10 001 R Fee Paid: «5Q Jurisdiction: f ts 1 Ct ls` Hearing: 2° g 341'10 Hearing: Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION Date Rec'd. Chk'd 1 Name of property owner(s): 4- l=} Prop c a,k,', L 2 Owner mailing address: 7E 4/ it ...77 eYG'.e. e y re 3 Z- 3 Name of applicant(s) if other than owner, (��cE 4 1 pr Si s %4% -A 1%4 7; Applicant mailing address: 7 rig 3/, r 4a e-mail address: 73�L kitZi., 6) 52) M Vim, mix-: 5 Name of contact person (state relationshlp): j yt >;.c�.G, ,i e X i 6 Contact person daytime phone(s): k,',(..,.,3 e.7 7 /`,''S' lfi k 4`� f k. 7 Property address /directions to property: i c_ {kI 1 4 70 /-4 u u4.6e�fi 4 r�A-L Ak t 310 ads 7z..�,Gl, 1, /�'c c#'4 7t' E oAJ /C /0 tito c.A1 8 Describe current use of property: ,i/..5 /2 /c roc. Describe improvements on property (number /type buildings, dwelling units occupied or vacant, etc. C ,Qfs -fora 10 Approx. acreage: b 7 Is property in a platted subdivision? 11 Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: e 12 Is a pending sale of the property subject to this application being granted? 0 13 Describe uses on adjoining property to the North: North: 2 er,774. East: ,Zie 4/7/ z South: 6.01 y 4� °.n. West: S;•rf J4 Yi /Zemv,)e,t// 14 Existing zoning: 6 /2 Future Land Use classification ,S,- stet.** 15 Request is for: (:)C,) Rezone Special Exception Variance 16 Parcel Identification Number: 3 --/s 3-7 3 5 0 fyCe 0 1,/ X: e ATTACHMENTS 17 Applicant's statement of interest in property /a por uJ �,¢i2 f; 'sic' k �t� EXHIBIT 2 Revised 7/08 Page 1 of 10 18 Non refundable application fee: Rezoning,$850 Special Exception: $500; Variance: $500; all plus $30 /acre Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) 21 Three property surveys (one no larger than 11" x 17 containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre J 4 22 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) EG A ,Y :REL ATING TO A REZONE Date Recd Chk'd 23 Current zoning classification: 5 j zoning classification //c,i d. wtrti 24 What is the desired permitted use and intended nature of activities and development of the property? t= Cam? &a.k w� L t- A -a; hors/ 2 Sho/°P s c'AI 4 25 Is a Special Exception necessary for your intended use? cf 26 Is a Variance necessary for your intended use? 127 I Applicant's materials addressing required findings for granting a rezoning (attach). 1CI+11 O 'RATION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION 28 Describe the Special Exception sought. 29 Are there similar use in the area? If so, describe them: 30 If a business briefly describe the nature of the business, of employees, hours of operation and any activities to be conducted outside of a building: Revised 7108 Page 2 of 10 31 Applicant's materials addressing standards for granting a special exception (attach) 32 Applicant's materials addressing findings required f� granting a special exception (attach) g g P P INFORMATION SPECIFICALLY RELATE G TO A VARIANCE 33 Describe the Special Exception sought: 34 Describe the physical characteristics of the property that make the variance necessary. 35 Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 36 What is the minimum variance necessary? 37 Applicant's materials addressing standards for granting a variance (attach) 38 applicants materials addressing findings required for ,panting a variance (attach) rirntt olE'►C f ey 39 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Signa e Printed Name Date ir�..11ILA, rt .4 Ah er 2, /"2-l-/ a Pres e D-F 2(Il Propkthes plc Swvittri, ern y 7j j Revised 7/08 Page 3 of 10 www.sunntz.org department or tate FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Submit Home Contact Us E- Filing Services Document Searches Forms Help Previous on List No Events No Name History Detail by Entity Name Florida Profit Corporation D A PROPERTIES (NUNEZ), INC. Filing Information Document Number PO4000051915 FEI /EIN Number 200721573 Date Filed 03/23/2004 State FL Status ACTIVE Principal Address 701 NE 3RD ST. OKEECHOBEE FL 34972 Changed 01/26/2009 Mailing Address 701 NE 3RD ST. OKEECHOBEE FL 34972 Changed 01/26/2009 Registered Agent Name Address NUNEZ, DAVID 2085 SE 4TH STREET OKEECHOBEE FL 34974 Officer /Director Detail Name Address Title VPT e-1 Pre satict NUNEZ, DAVID hASv�th�h� 2085 SE 4TH STREET OKEECHOBEE FL 34974 Title PS NUNEZ, ANITA 2085 SE 4TH STREET OKEECHOBEE FL 34974 Annual Reports Report Year Filed Date Next on List Return To List 1'1/ (cLext Cre 4CLrj rage 1 or Z Entity Name Search hnp://www.sunbiz.org/seripts/cordet.exe?action=DETFIL&inq_doc number=PO4000051915 &inq_came_... 2/23/2010 www.sunoiz.org vepartment of S tate rage z 01 z 2008 01/12/2008 2009 01/26/2009 2010 01/14/2010 Document Images 01/14/2010 ANNUAL REPORT I View image in PDF format 01/26/2009 ANNUAL REPORT I View image in PDF format 01/12/2008 ANNUAL REPORT 1 View image in PDF format 01/09/2007 ANNUAL REPORT r View image in PDF format J 01/07/2006 ANNUAL REPORT View image in PDF format 01/04/2005 ANNUAL REPORT r View image in PDF format 03/23/2004 Domestic Profit I View image in PDF format J Note: This is not official record. See documents if question or conflict. Previous on List No Events Next on List Return To List No Name History 1 Home 1 Contact us Document Searches E- Filing Services Forms J Hein Copyright and Privacy Policies Copyright (0 2007 State of Florida, Department of State. Entity Name Search Submit j http: /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= PO400005 1 9 1 5 &inq_came_... 2/23/2010 From: Anita Nunez To: City of Okeechobee As a director owner of D A Properties Inc. I authorize the request for Comprehensive Plan map Amendment and rezone of 310 N.E. 7 Ave., five logo heavy commercial from RSF1. ita Nunez Sworn and subscribed to me this l ay of BY 12 Who is personall nown ID Notary Public State of Florida County of �gey2—ter-le._ D A Properties Inc. 701 N.E. 3r Street Okeechobee, FL 34972 (863)467 -0611 or who has produced FINIUO BATE OF FLOM* JUDITH LOCKHART COMMISSION 1 DO616031 EXPIRES JUL 10 2010 au THROUGH CCMMNY A i 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 fir l that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Cam. 3. The proposed use will not have an adverse effect on the public interest. yl -,42 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 operty values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood e; �y 7. The proposed use will not create �ntsty pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will te traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners 1 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 a it is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of( i u r y' and the assertions made to me by members of that Office th the infor tion reviewed constitutes the most recent ation available to that office. I therefore attest to this (9-7 day of Signature of Applicant Name o Applicant State of Florida County of Okeechobee Sworn to and subscribed before me this A day of ©/D Personally known to me or produced as identification and did not take an oath. Notary Public, ;tat of Florida Revised 7/08 r typed) /d Date Seal: Petition No. S. LANE GAMIOTEA MY COMMISSION /)0656199 EXPIRES: June 22, 2011 I4 3 Fl. Notary Discount Assoc. Co. Page 8 of 10 Return to: D A Properties, Inc 701 NE 3`" Street Okeechobee, FL 34972 This Instrument prepared by: Carl Suarez D A Properties, Inc. 701 NE 3'" Street Okeechobee, FL 34972 Parcel ID No: 3-15-37-35-0010-01160-0070 Made this 9th day of December, 2009 A.D.by Charles W. Suarez Whose address is: 17441 Brinkerhoff Lane, Okeechobee, Florida 34972 hereinafter called the grantor, to D A Properties, Inc., a Florida Corporation Whose address is: 701 NE 3 Street, Okeechobee, Florida 34972 hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal re- presentatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to, all that certain land situate in Highlands County, Florida, viz: Lots I, 2, 3, 4, and 5, Block 147, OKEECHOBEE, according the the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat also being recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel ID No. 3- 15- 37 -35- 0010 01470 -0040. Witness Signature Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behoof of the said grantee forever. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: I 1 Ja, Rost] t1C e, U 0-re 2. .4141 .4 Grantor Signature w I,rjYl e s le Witness Printed Name or Printed Name fi tness Signature p A rri efcL Witness Print State of Florida County of Okeechobee Quit Claim Deed IIIIIIIIIIIIIIIIIIIIUIIIUIIIIIIIIIIImIIIIIIIIIIIIIIIIU `UI" FILE MUM 2009014070 OR BK 00680 PG 0186 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/16/2009 09:55:22 AM AMT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY M Pinon Ps 0186; (19s) Post Office Address I hereby certify that on this day, before me, an officer duly authorized in administrator oaths and takes acknowledgements, personally appeared. known to me to be the said person described in and who executed the foregoing instrument, who acknowledged before me that he /she/they executed the said, and an oath was taken. _Said person is personally known to me. Said person provided the following identification: Witness my hand and official in the County and State last aforesaid this9 day of 2009. JUDITH LOCKHART coMMtssioN tl 00616051 EXPIRES JUL 10 2010 BOWEDITRoUOM RLI NSURANCE COMPANY 55 tog tg FH tl pC VALVE RBF M /Cap No.5178 rt E 3R17 GTREET fi l rl rH GTREET (P 1 70'R /W ASPHALT ALLEY 589' 54' 51 W 214. 121 F, P 1 COMMERCIAL NOTE: ALL CORNERS RESET PER PREVIOUS SURVEYS PERFORMED BY DEHAYS DESIGN, JOB N0.09- 002 -5, DWG. N0.28688. DATED 1/23/09 6 JOB N0. 09- 013-5, DWG. N0.27848. DATED 4/28/09. RBR 'n' N89'54'18'E 272.75'( F1 272.8'!P1 14. 09'(C) 15'(P) RBF w /Cap No.6288 61- R8F W /Cap No.5081 `i rnI ;61 RBA 1 w 0 N 1 s. 9111F: Unnumbered VALVE 4 0 20 /IA 40 SCALE AS SHOWN TYP 1 CAL LEGEIV (WHERE APPLICABLE -SEE DRAWING) PRM- PERMANENT REFERENCE MONUMENT PCP PERMANENT CONTROL POINT CMF CONCRETE MONUMENT FOUND CMS CONCRETE MONUMENT SET 980 -5/6 REBAR FOUND RBR 5 /8'REBAR RESET w /Cap No.5178 IPF -IRON PIPE FOUND POL-POINT -ON -LINE UTS- UNITED TELEPHONE SERVICE FPL-FLORIDA POWER 6 LIGHT CO. (F) -FIELD MEASURE (P)-AS PER PLAT (C)-CALC.DISTANCE (DI -AS PEA NEC S /T- SEPTIC TANK MH MANHOLE FC -FENCE CORNER PP -POWER POLE CMP- CORRUG.MET. PIPE TOB -TOP OF BAN( RCP REINF. CONC. PIPE C8 -CATCH BASIN OVERHD. LINE WM -MATER METER FENCE LINE UG UNDERGROUND QRVEYOR rtOTEE 1. Bearings shown are relative assuming S21'08'5541 along East Property Line. 2. This survey Is based on Information provided by the customer /agent and no search was made of public records by this office to verify or deny owners, easements,or right -of ways. 3. No visible or underground Improvement has been located except as shown. 4. This survey Is not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Rapper. Additions or Deletions are prohibited without written consent of Surveyor. 5. According to FIRM map dated 2/04/1981 panel v 120177 02008, parcel Iles In Not Included Area of City Limits. Flood Zone C, per Okeechobee County Planning 6 Zoning Department. WELL 6. There may be additional restrictions TANK 0' that are not recorded on this survey that may be found In the Public Records. BACKFLOW BO1tDARY 1RV Y OF PREVENTER �X 0 �f 1 LOTS 1.2. 3, 4 6 5, BLOCK 147.OKEECHOBEE, according to the plat thereof as record- ed In Plat Book 5, Page 5 of the Public LIFT Records of Okeechobee County, Florida. GTATIO1 a (10J 49 AC J0373501)100117001310 agranietomeo itionontanomen 91113MPI1,3148PP71/ 11101 1 Pi MIMII al531311301001111341110 N. E. 3 RD STREET 111547=10111 315$12:40119 3153135001001431301 N. E, 2 ND STREET 31537350010011600070 7 8 9 10 11 12 g6 31p735001(011 5 5 31 310136001 3/15011101/ 11 11K) 48 AC (CALC. Lfl INWRIMUMNI B 9 50 1.0 ciltlIN00111114111/111 Lc+ in 31537350010014800010 6373500000010 0 [BC) timpoposew 47 AC 97.97 BA] 21t3135(1411001103140EM 2 40 25 /341111101 11 135 29 105 265 72 3 0 11 12 6 5 A 3 2 ]12 0 9 10 11 6 9 10 N 3 IA -53 75 5 13 10 5 .3 11_ 8 i 10 11 2 1 ID 11 72 10 11 722 rmt IMO ipso MIPIN 7 5? N. N 3 77,7 N. E 3 N E 2 3 7 0 9 60 5. 6 5 TN STREET 0 9 10 '11 12 N E 4 TN STREET 10 II 2 R0 TN STREET STREE 10 1 ND STREE r 46 5 116 I, AI C t CALL. 3 2 0 9 70 11 (2 3 v 9 00 CC ICACC.1 11J1 20 AC 10•0 1m r 16 z Ns 5 12 TN m STREE 19 20 4 617 n 22 I2AI 12 12 s 1471 1211 STATE ROAD 10 1 TN 'STREET Ine 6E48DARO TD•ST LINE RA ILRDAD Sue a 102 AL STATE 110•0 70 3 AC 5, 253 ND STREET B A 3 2 url 12 77 l0 2 102520'0 *2l /y 1 0246.00411 c m 0 252 25 uA 2. 66 AC 126/11 113A1 .5 .32 AC ICAIC. "1 5 afr o vas 5 S. E. 3165 Cr >P IG 2.04 AC If. 62 TO rz F an MEE 9 5 5 3 0 JP 4 E. 5 TN 3 TN '191 91 AC IGCC Sr ET STREET ij iT NE)M A•&( o} ly yy"� s Fr EL 24 0 OrrKi eurONG I� NI i Si ..LTN AMMIE .1 BHOPPEB ON THE BOARDWALK KENNEDY, LYNCH ASSOC., INC. COH•YITIND DN'll EHD LAND DMLDPNE NT 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Staff Report Rezoning Request Prepared for: City of Okeechobee Applicant: Anita Nunez D A Properties, Inc. Petition No.: 10 -001 -R From: RSF To: CHV Staff Report Rezoning Request General Information Owner: Owner Address: Owner Phone Number: Applicant: Alternate Contact: Applicant E -mail: Future Land Use Map Classification Zoning District Residential Single Family Commercial RSF1 CHV Parking lot providing parking for nearby commercial components of the Shoppes on the Use of Property Vacant lot Boardwalk project. Acreage 0.84 acres 0.84 acres Location: 310 N.E. 7 Street Legal Description: Anita Nunez D A Properties, Inc. 701 N.E. 3 Street Okeechobee, FL 34972 863 467- 1115/FAX: 863 467 -0160 Anita Nunez Wes Abney Business Operator RDaughtrey @SDRTeam.com Existing Proposed Applicant: Nunez D A Properties, Inc. Petition No.: 10 -001 -R LOTS 1, 2, 3, 4, 5, BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The Applicant requests a zoning change from RSF1 (Residential Single Family) to CHV (Heavy Commercial) for approximately 0.84 acres of land located at the southeast corner of NE 7 avenue and NE 3rd Street. The intended use of the property is a 73 space parking lot part of the Shoppes on the Boardwalk development and will provide required parking for other commercial components of the project. Staff Report Rezoning Request Applicant: Nunez D A Properties, Inc. Petition No.: 10 -001 -R Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Commercial Zoning District: CLT Existing Land Use: Single- Family Residence, but the property has been approved for offices as part of the overall Shoppes on the Boardwalk project. East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant and Taylor Creek; but the property to the southeast has been approved for indoor recreation with future retail and /or office development planned for the property immediately to the east, all as part of the overall Shoppes on the Boardwalk project. South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Retail and /or offices approved as part of the overall Shoppes on the Boardwalk project. West: Future Land Use Map Classification: Single Family Zoning District: RSF1 Existing Land Use: Single Family Residence Analysis: Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has submitted a series of brief responses addressing these criteria. For ease of review, we have included the Applicant's responses followed by Staff Comments in bold typeface: 1. The proposed use is not contrary to Comprehensive Plan requirements. 2 Staff Report Applicant: Nunez D A Properties, Inc. Rezoning Request Petition No.: 10 -001 -R "Correct." We agree with the Applicant's response. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "Correct." We agree with the Applicant's response except that we do not classify the intended use as a commercial parking lot. Rather, the parking lot is intended to provide parking for other commercial uses of the Shoppes on the Boardwalk project. Therefore it should be considered an accessory use to associated commercial uses, provided that the property is tied by unity of title or other legal document to the properties for which it is providing required parking. 3. The proposed use will not have an adverse effect on the public interest. "No." We agree with the Applicant's response, and foresee no adverse affect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "Yes." We agree with the Applicant's response and note that buffering, as may be necessary, and vehicular access and egress will be dealt with at the site plan approval stage. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. "Agree." Use as a parking lot is compatible with nearby and adjacent uses. All immediately surrounding properties are part of the Shoppes on the Boardwalk. Properties to the east and northeast are largely zoned and developed in residential uses, although some are vacant. Staff Report Applicant: Nunez D A Properties, Inc. Rezoning Request Petition No.: 10 -001 -R However, we believe that the least intensive zoning district that will accommodate the intended use should be applied. Based on preliminary information in the site plan application, the parking will entail impervious surface coverage in the area of 74 The CLT district is the least intensive commercial district that allows sufficient impervious surface coverage to accommodate the proposed 73 space parking lot. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. "Yes." We agree and note that any buffering and /or other measures that may be necessary to protect adjacent and nearby properties will be addressed by the TRC during the site plan review. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. "Correct." We agree with the Applicant's response, again, largely for the reason that the parking lot alone will not generate demand for utility services or generate traffic on its own. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Correct." We agree. The applicant has indicated that the property is proposed only for use as a parking lot for nearby commercial components of the Shoppes on the Boardwalk project. Consequently, no additional traffic can be expected beyond that associated with previously approved commercial components of the Shoppes on the Boardwalk project. Of course drainage and storm water management issues will be addressed at the site plan approval stage. However, in order to ensure no additional or unanticipated intensity of use on the property occurs in the future, the subject parcel should be tied by unity of title or other legal mechanism to the properties for which it is providing required parking. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "Correct." We agree with the Applicant's response. 4 Staff Report Rezoning Request Submitted by: James G. LaRue, AICP March 10, 2010 Applicant: Nunez D A Properties, Inc. Petition No.: 10 -001 -R Recommendation: Based on the foregoing analysis, Staff recommends denial of the application to rezone the property to from RSF1 to CHV and recommend instead approval to rezone the property to the least intensive district that will accommodate the intended parking lot, that being CLT. Planning Board hearing: March 18, 2010 City Council Hearings: April 6, 2010. Attachments: City's Future Land Use Map, City's Zoning Map, and County Property Appraiser's Aerial 5 Staff Report Rezoning Request City of Okeechobee Future Land Use Map 2 1 7 8 9 110 11 12 'AI. E ,3 RD STREET Future Land Use S INGLE EAM ILA' MULTI EAM 'ILY E71 RESIDENTIAL MIXED USE COMTVERCIIAL El INDUSTRIAL PUBLIC FAC ILITIES 1 Applicant: Nunez D A Properties, Inc. Petition No.: 10 -001 -R Subject Property 21 6 Staff Report Rezoning Request City of Okeechobee Zoning Map 7 8 9 10 11 ZONING II RSP1 1M1-1 RSF2 RAP CPO CLT CBD CHV IND PUB PUD-R PUD-M 12 7 8 9 10 11 12 NE. 3RD S11RE Subject Property Applicant: Nunez D A Properties, Inc. Petition No.: 10 -001 -R 7 Staff Report Rezoning Request Okeechobee County Property Appraiser's Aerial Applicant: Nunez D A Properties, Inc. Petition No.: 10 -001 -R El:Ulan and Proposed Sboppes ow the Boardwalk 8 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this day of jeltIIEPENDENT ■M NEWSPAPERS NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, tOkeechohe 1' Notary Public, State of Florida at Large :1RY PUBLIC-STATE OF FLOM Angie Bridges Commission ;4` DD779718 Expires: APR. 20, 2012 TETIt ATLANTIC BONDING CU,, &NC, AD F1,34974 (863) 763 -3134 NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The City of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday, March 18, 2010 at 6:00 p.m. or as soon thereafter as possible, to consider any proposed amendments, submitted by City Staff or citizens, to the adopted City Comprehensive Plan, which may include amendments to the adopted Land Development Regulations Couu for final men eration. The m eeting will be h e l d at Hall, Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be m of the foregoing meeting. Accordingly, ticed n will be responsible for making aver record of th tt te�mo- ny and evidence at said meeting upon which any appeals to be based. Please contact General Services at 863 763 -3372, or websde www.cityofo- keechobee.com, to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the General Services Office at 863 -763 -3372 for assistance. BY: Brian Whitehall, Zoning Administrator 348591 ON 03/12/10 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 h c in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this INDEPENDENT CIEZZI NEWSPAPERS ON. l EC11013FF NEIVS Notary Public, State of Florida at Large AD NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges Commission DD77971 S Expires: APR. 20, 2012 I3OND1 D THRU ATLANTIC BONDING CO., INC. 1074 1 7 t 1 4 1 t, huitr 14, (roue huhrY 1=1.349;'4 (863) 76 3-31 34 PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION A PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thursday, March 18 2010 at 6:00 p,m. or as soon thereafter as cho possible, 55 SE 3rd e, Flrida City l e agenda s available Council e on the City website www,dtyofo- keechobee.com, or contact the General Services Department, pburnette @dtyofokeechobee.com, 863 763 3372 x 217. Under consideration is Rezoning Petition No. 10- 001 -R, submitted by the property owners, D A Properties, Inc., Anita Nunez, President. For the purpose of changing the Zoning District, on approximately 0.84 acres, from erty located Single 10 NE Family-One t Street. Leg L 1 t Commercial 5of Block 147, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okee- chobee County, Florida. All members of the public are encouraged to attend and participate in said Hearing. The entire petition may be inspected during regular business hours, Mon -Fri, Sam- 4:30pm, except for holidays. The denial, Planning City Council, will inal adoption is tentatively scheduled day, April 20, 2010. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record indudes the testimony and evi- dence upon which the appeal is to be based. General Services media are used for the sole purpose of back -up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing spe- cial accommodation to participate in this proceeding should contact the General Services Office at 863 763 -3372 for assistance. BY: Brian Whitehall, Zoning Administrator Petition No. 10-001 -R 347490 ON 2/28;3/10/10 'INDEPENDENT 01 4 NEWSPAPERS UI<a(4I013EG NEWS 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 Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF FLORID Angie Bridges 1 Commission #DD779718 Ynri Expires: APR 20, 2012 BONDED TIRU ATLANTIC BONDING CO,, 1 IU; 4bti. 17th St, 4, t. et. 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. Judie Kasten Sworn to and subscribed before me this day of AD t, Suite D, Ol.e �,ihcr I I 0 -1 (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED COMPREHENSIVE PLAN AMENDMENT A PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thursday, March 18, 2010 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rio 200, Okee- chobee, Florida. The agenda is available on the City website www.cityofo- keednobee.com, or contact the General Services Department, pbumette @cilyofokeechobee.com, 863- 763 -3372 x 217. Under consideration is Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 10- 002 -SSA, submitted by the property owner, ID A Properties, Inc., Anita Nunez, President. For the purpose of changing he Future Land Use designation from Single Family (SF) to Com- mercial (C) for property located at 310 NE 7th Street. Legal: Lots 1 to 5 of Block 147, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, All members of the public are encouraged to attend and participate in said Hearing. The entire application may be inspected during regular business hours, Mon -Fri, 8am- 4:30pm, except for holidays. The Planning Board's role will be to make a recommendation for approval or denial, to the City Council, final adoption is tentatively scheduled for Tues- day, April 6, 2010. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. General Services media are used for the sole purpose of back -up for the department. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing spe- dal General accommodation to at 763-3372 for assistance' should contact the BY: Brian Whitehall, Zoning Administrator Application No. 10 -002 -55A 347487 ON 2/28;3/10)10