2010-04-15AGENDA
I. CALL TO ORDER Chairperson.
April 15, 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 Marchl8, 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
APRIL 15, 2010 SUMMARY OF BOARD ACTION
PAGE 1 OF 3
ACTION DISCUSSION VOTE
Chairperson Maxwell called the April 15, 2010 meeting to order at 6:00 p.m.
Secretary Clement called the roll:
Present
Present
Present
Absent
Present
Present
Absent (w /consent)
Present (Moved to voting position)
Present (Moved to voting position)
Absent
Present
Present
Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the March
18, 2010 Regular Meeting; seconded by Member Brass. There was no discussion on this item.
VOTE
MAXWELL YEA HOOVER YEA BURROUGHS YEA KELLER- ABSENT LUVIANO YEA
MCCOY YEA MORGAN ABSENT BRASS YEA BAUGHMAN YEA MOTION CARRIED.
Chair Maxwell asked whether there were any requests for additions, deferrals or withdrawals of items on today's
agenda? There were none.
333
334
AGENDA
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 10 -002 -R submitted by Shirley Baker to change the
Zoning classification on Lot 6 of Block 209, 1S Addition to City of
Okeechobee, from Residential Multi Family (RMF) to Commercial
Professional Office (CPO) 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.
APRIL 15, 2010 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS PAGE 2 of 3
ACTION DISCUSSION VOTE
Petition No. 10 -002 -R submitted by Shirley Baker to change the Zoning classification on Lot 6 of Block 209, 1 St Addition
to City of Okeechobee, from Residential Multi Family (RMF) to Commercial Professional Office (CPO).
Mr. Brisson presented the Planning Staff Report stating the application meets all criteria consistent with the
comprehensive plan and Staff recommends approval. Chair Maxwell asked whether there were questions for Mr.
Brisson from the Board. There were none.
Shanda Rainwater spoke on behalf of the property owner, saying, she agreed.
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 about the on- street parking being a problem in the neighborhood, and Mr. Brisson responded, that is
a City problem, the applicant would be required at site plan review to establish a parking lot for her business.
Member Burroughs moved to find the application consistent with the Comprehensive Plan and recommend approval
to City Council to change the zoning designation from Residential Multi- Family (RMF) to Commercial Professional Office
(CPO) for property located at 200 SE 3r Street, Lot 6, Block 209, City of Okeechobee, Application No. 10- 002 -R;
seconded by Member Hoover.
VOTE
MAXWELL YEA HOOVER YEA BURROUGHS YEA KELLER- ABSENT LUVIANO YEA
MCCOY YEA MORGAN ABSENT BRASS YEA BAUGHMAN YEA MOTION CARRIED.
1
AGENDA
VI. NEW BUSINESS.
VII. ADJOURNMENT Chairperson.
AT
A. Consider any additional requests for amendments to the City's Land
Development Regulations Chairperson.
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 J. jL ment, Secretary
Devin Maxwell, Chairper on
APRIL 15, 2010 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 3 3 3 5
ACTION DISCUSSION VOTE
Chair Maxwell asked whether there were any requests for amendments to the City's Land Development Regulations.
Member Baughman stated he felt the fees for temporary use permits were too high. Mr. Brisson addressed the Board
stating fees were by resolution and adjusted by the City Council. Chair Maxwell instructed Secretary Clement to attach
copies of Division 8, Sec. 90 -661 through 90 -668 for review by the Planning Board for the next regular meeting.
There being no further items, Chair Maxwell adjourned the meeting at 7:43 p.m.
Chairperson Maxwell
Vice Chairperson Hoover
Board Member Burroughs
r�
Atrt�
Board Member Keller
Board Member McCoy
V
Board Member Morgan
Board Member Luviano
Alternate Brass
--,4.1
Alternate Baughman
Senior Planner Brisson
Attorney Cook
Secretary Clement
CITY OF OKEECHOBEE
PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS
HAND WRITTEN MINUTES
APRIL 15, 2010
I. CALL TO ORDER- Chairperson:
April 15, 2010, Planning Board /Board of Adjustment and Appeals Regular Meeting 6 :00 p.m.
11. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE Secretary.
Present
Absent
111. MINUTES Secretary.
Page 1 of 10
A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment
and Appeals Action for the March 18, 2010 regular meeting.
MOTION: moved to dispense with the reading and approve the Summary of
Planning Board /B and o djustment and Appeals Action for the March 18, 2010 regular meeting;
seconded by i j ,per
MAXWELL
f
HOOVER
BURROUGHS
V
Kk1E "2ri1
MCCOY
1../.--
_151R8A
6.1-1--e/0"
LUVIANO
v
1�
BRASS
BAUGHMAN
RESULTS
CARRIED
DENIED
VOTE:
1. Hear from Planning Staff.
YEA
APRIL 15, 2010 PB /BOA MINUTE GUIDE PAGE 2 OF 10
NAY
ABSTAIN
IV. AGENDA Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 10 -002 -R submitted by Shirley Baker to change the Zoning classification on
Lot 6 of Block 209, 1S Addition to City of Okeechobee, from Residential Multi Family
(RMF) to Commercial Professional Office (CPO).- Senior Planner
Lo/
S
7 4 )1 Ln.
c LW-Le-ettiki—IJ Y) 1 Oa"
4. Close Public Hearing Chairperson.
5. Board Discussion.
LCial c 4
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
2. Hear from the Property Owner or designee /agent.
S Ak-c6t-O C L (X_ Ra-ty\A_AA.)
3. Open Public Hearing for public comment Chairperson.
APRIL 15, 2010 PB /BOA AGENDA PAGE 3 OF 10
CuLt
curh
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
6. Consider motion and vote.
MOTION:
APRIL 15, 2010 PB /BOA AGENDA PAGE 4 OF 10
Board Member r h vu \,3--moved t. d the application consistent /insistent with the
Comprehensive Plan and to r mmend nnrnv. denial to Cit., Council r ot change
the Zoning classification on Lot 6 of Block 209 Addition to City of Okeechobee, from Residential Multi-
Family (RMF) to Commercial Professional Office (CPO); seconded by Board Member
VOTE:
VI. NEW BUSINESS.
YEA NAY ABSTAIN
MAXWELL
HOOVER
BURROUGHS
KELLER (�L __L--
MCCOY
MORGAN 0
LUVIANO
BRASS
BAUGHMAN
I RESULTS
&MED
DENIED
1
A. Consider any additional requests for amendments to the City's Land Development
Regulations Chairperson.
/,44 4-
k
LJ L
cc-„
VII. ADJOURN REGULAR MEE1ING Chairper
c a T� t P
son(p�a pm
L 1)4
-i,9_
L(
II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE Secretary.
Chairperson Devin Maxwell
Vice- Chairperson Dawn Hoover
Board Member Terry Burroughs
Board Member Kenneth Keller
Board Member Osiel Luviano
Board Member Douglas McCoy
Board Member Malissa Morgan
Altemate Karyne Brass
Altemate Phil Baughman
Attorney John R. Cook
Senior Planner Bill Brisson
Secretary Betty Clement
CITY OF OKEECHOBEE
PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING
APRIL 15, 2010 OFFICIAL AGENDA
I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, April 18, 2010, 6:00 p.m. Chairperson.
III, MINUTES Secretary.
A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the March 18, 2010 regular meeting.
IV. AGENDA Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
PAGE 1 OF 2
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 10-002 -R submitted by Shirley Baker to change the Zoning classification on Lot 6 of Block 209,1" Addition to City of Okeechobee, from Residential
Multi- Family (RMF) to Commercial Professional Office (CPO).
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. NEW BUSINESS.
A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson.
VII. 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.
APRIL 15, 2010 P13/BOA AGENDA PAGE 2 OF 2
City of Okeechobee
General Services Department
55 S.E. 3" Avenue, Room 101
Okeechobee, Florida 39974 -2903
Phone: (863) 763 -3372, ext. 218
Fax: 063) 761 1686
Date: ;0— i-aDiD Petition No. K
Fee Paid: gs GO
Jurisdiction: 1 S
1
2
3
4
4a
5
6
1" Hearing: pe, +its(tc
2' Hearing: 1 .4a c 11 L f` P t4 1
Publication Dates:
Notices Mailed:
Name of property owner(s): \1 o c -it lao L s e c 12.
Owner mailing address: 316 N W s 5b. Okt.e 6\0 L+ v
Name of applicant(s) if other than owner j ((0 f1 t11 e o (Li (1 >0f
Applicant mailing address: 3 l k; 54.t,
e-mail address: 1 5\1\ 4 c1 1005 `aq3
Name of contact person (state relationship): "s(+ of re 6Acar eiSc f S Q R
Contact person daytime phone(s):
G3 46-1- G3q•ct
t ol(.ee FL .3
t- OO .Corr
7
8
9
10
11
12
13
14
15
16
Property addr ea tto oQer�y:��
CAcee.C,194:Db-e.c
Describe current use of property:
5°(10 \t. -'c.. c t y \^c„'"`e
Describe improvements on property (number /type buildings, dwelling units occupied or
vacant, etc. a Ur��^
VC��ii* \NC)r�E 1"7
r \c:01--) f(D(
Is property in a platted subdivision?
Is there a use on the property that is /was in violation of a city or county ordinance? If so,
describe:
Approx. acreage: C,. f (r
Is a pending sale of the property subject to this application being granted? MO
Describe uses on adjoining property to the North:co t
North:S4n %ke. ca>r `y East: S r c�\t°. r '(iYY\A
South: SV \t T'C v S- West: r c y
RN Future Land Use classification C
Existing zoning:
ND
Request is for: V)•
aclr1 cue LL 31-d
zone Special Exception Variance
Parcel Identification Number: Q, dp 2 63.040-0040
17
Applicant's statement of interest in property
N\o e O c\ O f C a c,
v�
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.
3 1 la
19
Last recorded warranty deed 1`J aCj� loot. Ggv ?1,43'e X-C(_
i. 1 0
L"
20
Notarized letter of consent form property owner (if applicant is different from property 5
owner) 1.1
its
'3
i,/
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
1' \a
t/
1.-
(I
Ly
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)
i
23
Affidavit attesting to completeness and correctness of the list (attached)
4 t
23
Current zoning classification: !A equested zoning classification
24
What is the desired permitted use and intended nature of activities and development of the
property? f.o L u ti o t k C,. 134' c {'t, i C TY i (t C 01 a6 (5(t_ c t
hCoriz 6tC#_. wt (are_,
25
Is a Special Exception necessary for your intended use?
j
1� c
26
Is a Variance necessary for your intended use?
27
Applicant's materials addressing required findings for granting a rezoning (attach).
l'IV (kCt_ (t t_- ►-(Ci' (k (1. t .('_YIIYIC i -f 4 LL C_4 LC C!` j q,, i_tFci
1
28
Describe the Special Exception sought:
29
Are there similar uses in the area? If so, describe them:
30
If a business briefly describe the nature of the business, of employees, hours of operation
and any activities to be conducted outside of a building:
II
Revised 7/08
Page 2 of 10
31
Applicant's materials addressing standards for granting a special exception (attach)
32
Applicants materials addressing findings required for granting a special exception (attach) g g q ln' g P P
NG T A V
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?
f
r
37
Applicant's materials addressing standards for granting a variance (attach)
38
Applicant's materials addressing findings required for granting a variance (attach)
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.
Signature Printed Name Date
-A`T!`fi- `t..„h. a-1
O
3"
Af)p/ caryf (F1 ')1c1Jix) r`rha' (`)I1(i'k cx c,-
Revised 7/08
Page 3 of 10
03/02/2010 08:38 Okeecnobee City Hall (FAX)863 7631686 P.001
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.
e a
2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development
Regulations. P t K N6
3. The proposed use will not have an adverse effect on the public interest. tJC w 1k r�
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. 1-
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. c\p t
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
7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets,
and utility services. N
8. The propoq d use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
The City staff will, In the Staff Report, address the request and evaluate it and the Applicant's submission in
light of the above criteria and offer a recommendation for approval or denial.
Revised 7/08
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 affidavit is made basd upon an inspection of the tax rolls
of the Property Appraiser of Okeechobee County as of Mc-ci1 aC tU and
the assertions made to me by members of that Office that the information reviewed constitute the most recent
information available to that office. I therefore attest to this day of
01,1, -i
ignature of Applicant
e(knnt C1c c1 —if)C,
Name of Applicant (printed or typed)
State of Florida
County of Okeechobee
Sworn to an)cl subscribed before me this day of i" kc s- C h t <1 Personally known
to me or produced as identification and did not take an oath.
Revised 7/08
CZ
otary Public, State of Florida
Date
Seal:
Petition No. 10 Q3 P.
SHANDA ANN RAINWATER
Notary Public Stye of Florida
e) A My Comm. Expires Sep 23, 2013
Commission DD 927248
Page 8 of 10
M
Name of Property Owner(s):
Mailing Address:
City of Okeechobee
55 SE 3r Avenue
Okeechobee, FL 34974
Tel 863463-3312 Fax; 863-763-1686
40PY.
FAI
Parcel ID Number:
Name of Applicant:
Home Telephone:
CM
aPC, L.e.oc r -e
Horne Telephone:77,2 1 4 6 S": 6 t ork: 76J-!--167. X qCeit; 77..L 0 –0)(, 4
Property Addrea
d cc, 4 `,SE c4, 67-e e_ chd I L d_497.4j
s:
A ar,
LAND r SE POWER OF ATTORNEY
ork; -Lite:1- 456, 3 -5 5a Coq
4 -.44■■
The undersigned, being the record title o er(s) of the real property descnbed above. de hereby grant =to the
applicant stated above the full right and p wer of attorney to make application to the CIty of Okeechobee to change
the land use of said property. This land e Qhaage may include rezoning of the property, the granting of special
exception or variances, and appeals of de aions of tbe Plano:rig Depernrent, It is understood that conditions,
limitations and estric Lions may be place i4on the use or operation of the property Misstatements upon application
or in any hearing may result in the termin don of any special exception or variance and a proceeding to rezone the
property to the original clIssifiesten. Tit power of attorney may be terminated only by A written and notarized
statement of such tcmiination effective Litt receipt by the Planning Department.
L
IN WITNESS WHEREOF THE UNDEROIONED HA.V6 SET THEIR HAND AND SEALS THIS
DAY OF a
.7
WNE
7 2" 4 4 2-4 4 4- 11 6 :A"
WITNESS
Before me the undersigned authority persapolilly appeared the owner(s) named above who upon being duly sworn
aeknowkdged before me that they are thelownerts) of the real property described above and et they executed the
power of attorney for he purpose 6tated lierein Sworn and subscribed this M day of e■CQ \r\ 20/0
O
ovi AL
Commission Expires: a a
Notary Public: 51-N
ft.c5cd 7/08
../111
SHANDA ANN RAINWATER
71. Notary Public State o1 Florida
.4 My Comm. Expires Sep 23, 2013
Commission OD 927248
Pip 0 of 10
ct
Prepared bland renn» to:
Pa ;a A. Ragou
Young, PA
71.1 64 1 South
n
b= FL 349
r
File -09
BOO
This Warranty
post office address is
whose post office
(Wbcoever used Gereio die stow
and the successors and amigos of
Witnesseth, that said grantor
rantort
good and valuable cop,siderati.',
has granted, bargained, and sold
situate, lying and being in Okeech
(Space Above This J-ine For Recording Data)
Warranty Deed
F Y LE HUH O 9O 14O8
OR BK 00680 PG 0224
SHARON ROBERTSON: CLERK OF CIRCUIT COURT
OKEEECHOBEE COUNTY FL
RECORDED 12/16/2009 10:57 49 All
AMT 49 a 000.00
RECORDING FEES 18.30
DEED DOC 343.00
RECORDED BY h PI non
Pas 0224 2251 (2aas)
made ibis 11th day of December, 2009 between Riverside National Bank of Florida whose
h Federal Highway, Fort Pierce, FL 34982, grantor, and Shirley Baker, a single woman
is S. Ocean Drive, Apt 20, Fort Pierce, FL 34949, grantee:
and "grantee include ell the patties to this nsrumna and dte baits, recrosoinnivca and amigos of inifividaals,
sunk and trustees)
in consideration of the sum of TEN AND NO/ 100 DOLLARS (510.00) and other
for in hand paid by said grantee, the receipt whereof is hereby acknowledged,
grantee, and grantee's heirs and assigns forever, the following described land,
ty, Florida to-wit;
ino
Lot 6, Block 208, FIRST AD Pk r c, TO CITY OF OKEECHOBEE, according to the Plat thereof,
recorded in Plat Hook 5, Page btic Records of Okeechobee County, Florida.
Parcel Identification Number: 3- 5-0020- 02080-0060
Subject to covenants, conditions, r te; ons, easements, reservations and 'limitations of record, if
any.
Together with all the tenements, hereditarnents and appurtenances thereto belonging or in anywise appertaining.
To Have and to Bold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized e f said land in fee simple; that the
grantor bas good right and lawful authority to sell and convey said l and; that the grantor hereby fully warrants the title to
said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2009,
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Doublet
Book680 /Page224 CFN #2009014085 Page 1 of 2
Signed, sealed and delivered in our presence:
State of Flon
County of .5 I
(Notary Seal]
Wamanry Deed Page 2
NOTARY PUBLIC-STATIC OF :4r 4-
thane MI r APR. 10, 20
Do T mama eat A0,
(Corporate Seal)
The foreg°ing iustn3men actnowledged before me this 1/ day of December, 2009 by Lisa Parker, Vice President
of Riverside National B: °Lida, on behalf of the corporation_ Defshe is really known to me or [X] has
produced a driver's license "fication.
N.'..
Printed Name:
My Commission Expires;:
�e )542/14 -/-e e., „i
4 7///z, ao/
DoubteTimee
Book680 /Page225 CFN#2009014085 Page 2 of 2
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS SUR
AND I5 TRUE AND CORRECT TO TH
AS SURVEYED IN THE FIELD. 1 FU
COMPLIES WITH THE MINIMUM TECH
CHAPTER 61- G -17 -6 BY THE FLO
PURSUANT TO SECTION 472.027 F
ARE NO ABOVE GROUND ENCROAC
BY:
S ccv
0 O
0
0 0
vA
REGISTERED LAND SURVEYOR
FLORIDA REGISTRATION #4015
GEORGE M. AYLOR, JR. R.L.S.
MAP IS PER RECORD DESCRIPTION
EST OF MY KNOWLEDGE AND BELIEF
R CERTIFY THAT THIS SURVEY
L ..STANDARDS SET FORTH IN
BOARD OF LAND SURVEYORS
STATUTES, AND THAT THERE
OTHER THAN SHOWN.
DATE:
26.c
26.0'
177,50' PLAT)
177,50' (MEASL1VM)
142,50' (RAT)
142.50' MrASIarr))
L-2 (a-0 e�
142,50' (PLAT)
142,50 (MAS'LP.FC)
5E, 2N12 AVNU
70' p/ W (20' ASPHALT)
LEGEND:
NO ID -NO IDENTIFICATION
-FOUND CONCRETE MONUMENT
-FOUND NAIL WASHER
-FOUND 5/8" DIA. IRON ROD
—OHW— -OVERHEAD WIRE
EXISTING CHAINUNK FENCE
EXISTING WOOD FENCE
CL CENTER LINE
FFE FINISH FLOOR ELEVATION
PSM PROFESSIONAL SURVEYOR
AND MAPPER
R/W RIGHT -OF -WAY
PC -POINT OF CURVE
A -DELTA ANGLE
L -ARC LENGTH
X 0.00 TYPICAL ELEVATION
FIELD WORK COMPLETED:
i
0
0
0 0
O
12/11/2009
McINTOSH AND ASSOCIATES
SURVEYING MAPPING
325 SW SOUTH QUICK CIRCLE
PORT ST. LUCIE, FLORIDA 34953
(772)878 -7568 (voice)
(772)343 -1091 (fax)
CERTIF. OF AUTHORIZATION NO. LB7332
4 d J
LOCATION MAP
FLOOD ZONE: "X"
UNMAPPED
_C 0 1:.<
Y
LEGAL DESCRIPTION:
LOT 6, BLOCK 208, FIRST ADDITION TO OKEECHOBEE
FLORIDA, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA.
ADDRESS: 200 SE 3RD STREET
OKEECHOBEE, FLORIDA
SURVEY NOTES:
1. NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS -OF -WAY. EASEMENTS, OR OWNERSHIP.
3. LAND DESCRIPTION HEREON WAS PROVIDED BY
THE CLIENT.
4. BEARINGS SHOWN HEREON ARE BASED ON THE
CENTERLINE.
5. THIS SURVEY NOT TO BE USED FOR FENCE
INSTALLATION. SPRINKLER SYSTEMS, SHRUBS, OR
ANY OTHER UTILITIES WITHOUT REVERIFICATION OF
PROPERTY CORNERS.
6. ELEVATIONS SHOWN HEREON ARE BASED UPON
N.G.V.D. 1929.
7. DIMENSIONS PREVAIL OVER SCALE.
8. ADDITIONS OR DELETIONS TO SURVEY MAPS OR
REPORTS BY OTHER THAN THE SIGNING PARTY OR
PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT
OF THE SIGNING PARTY OR PARTIES.
9. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY
INSURANCE.
CERTIFIED TO:
SHIRLEY BAKER
RIVERSIDE NATIONAL BANK OF FLORIDA
ANTHONY T. YOUNG, P.A.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
BOUNDARY SURVEY
PREPARED ON THE ORDER OF
CLEAR TITLE LEGAL SERVICES, INC.
SCALE:
1 =20'
DRAWN BY:
TMW
FILE NO.:
5357
Prepared for:
Applicant:
LaRue Planning T N Ianagernelt Services, Inc.
Petition No.
Sbff ft
Rezoring
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901 -2845
Phone: 239- 334 -3366 Fax: 239-334-6384
The City of Okeechobee
Jeannie Garrison (Home Health Care Nurse
Registry Office)
10-002-R
Staff Report
Rezoning Request
General Information
Owner/Applicant
Applicant Address:
Applicant Phone Number:
Applicant Fax Number:
E -Mail Address:
Contact Person:
Future Land Use Map
Classification
Zoning District
Use of Property
Acreage 0.162 acres
Owner /Applicant: Shirley Baker/Jeannie Garrison
Petition No.: 10 -002 -R
Shirley BakerlJeannie Garrison
316 NW 5t St.
Okeechobee, FL 34972
863 467 -6399
772- 467 -4087
Shirleyb051283@yahoo.com
Jeannie Garrison/ Shanda Rainwater
Existing
Residential Single Family
RMF
Single Family Residence
Proposed
Commercial
No specific indication
given in the application,
but the Applicant has
verbally related that
CPO, would be
acceptable.
Home Health Care
Nurse Registry Office
0.162 acres
Location: 200 SE 3 Street PARCEL ID#3- 27- 37- 35- 0020-02080 -0060
Legal Description: LOT 6, BLOCK 208, FIRST ADDITION TO CITY OF
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Description of the Request
The matter before the Local Planning Agency and City Council is an application to
rezone a 7,125 square foot lot (0.162 acres) at the southeast corner SE 3 Street
and SE 2 Avenue from RMF to commercial. No specific zoning district was listed
in the application. However, during the prior public hearings on the associated
Small Scale Plan Amendment, the Applicant verbally related that CPO would be
acceptable.. The Applicant envisions converting the existing single family home to
a Home Health Care Nurse Registry Office. Patients will not be visiting the office.
Staff Report
Small Scale Amendment
Adjacent Future Land Use Map Classifications and Zoning Districts
Future Land Use Map
Zoning District:
Existiing Land Use:
East Future Land Use Map
Zoning District:
Existing Land Use:
South: Future Land Use Map
Zoning District:
Existing Land Use:
West Future Land Use Map
Zoning District:
Existing Land Use:
North:
Applicant: Shirley Baker (Home Health Care Office
Petition No.: 'J v cc t�
Classification:
Classification:
Classification:
Classification:
Single Family
RMF
Single Fami Residence
Single Family
RMF
Multi- Family Residence
Single Family
RMF
Single- Family Residence
Commercial
RMF and CHV
Single family residence to
immediate west and a
vehicle sales lot to the
southwest.
General Comments:
CPO zonings is consistent with the general pattern of commercial expansion
evident in the area within two blocks of US 441. Considering the pattern of prior
approvals involving other lands similarly situated, it is Staffs understanding that
the City ultimately envisions a pattern of commercial development within two
blocks of US 441 in this general area. As such, Staff believes the requested
amendment is consistent with the Comprehensive Plan. The CPO district is the
least intensive commercial district to which property can be rezoned and is
suitable for the intended use.
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 provided brief responses to each of the required findings. For
ease of review, we have included the Applicant's responses followed by Staff
Comments, which are in bold typeface:
2.
Staff Report
Small Scale Amendment
Applicant: Shirley Baker (Home Health Care Office
Petition No.: 1r? -cam-
1. The proposed use is not contrary to Comprehensive Plan requirements.
o.
The City Council recently approved a Small Scale Development
Amendment to the Future Land Use Map (FLUM) from Residential
Single Family to Commercial. Rezoning to CPO zoning is consistent
with the Comprehensive Plan.
The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations.
"I don't know."
A professional office, such as a nurse regristry office, is an authorized
permitted use in the CPO district
3. The proposed use will not have an adverse effect on the public interest.
"No, it will not."
"Yes."
Because of the limited intensity of 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.
While the properties in the immediate vicinity are residential, Staff
believes the current City policy envisions gradual transition to com-
mercial use, particularly CPO types of uses, for properties in this area
that front on SE 2nd Avenue. The proposed use, as well as other
permitted uses in the CPO district would normally be considered com-
patible with the adjoining residential development.
Page -3
Staff Report Applicant: Shirley Baker (Home Health Care Office
Smalls Scale Amendment Petition No.: l e cc
S. The proposed use will not adversely affect property values or living conditions, or be
detrimental to the improvement or development of adjacent property.
1 don't know."
It is common for professional office uses to be located near or adjacent
to residential uses. 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.
"Yes."
If necessary, uses permitted in the CPO district can be suitably
buffered from adjacent residential uses. 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.
"No."
Density is not a consideration in the commercial districts. The subject
property and nearby commercial and residential development are
served by water and sewer facikties. Given the limited size of the
parcel Staff believes that OUA has sufficient capacity to accommodate
the water and sewer needs associated with development of the subject
property. Similarly, commercial development at this location is not
expected to generate a level of traffic that could be expected to cause
traffic congestion or adversely affect levels of service.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
"No."
Given the limited size of the property and the nature of the proposed
use, it should not cause traffic congestion. Drainage issues will be
addressed during site plan review, but no inordinate drainage problems
are considered likely.
Page -4
Staff Report Applicant: Shirley Baker (Home Health Care Office
Petition No.: 1 -co).- i&
Small Scale Amendment
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
We are aware of no special burdens that would unnecessarily restrict
development on this subject property.
Recommendation:
Based on the foregoing analysis, Staff recommends approval of the applicant's
request to rezone the property from. RSF1 to CPO.
Submitted by:
James G. LaRue, AICP
April 7, 2010
Planning Board hearing: April 15, 2010
City Council Hearings: (1 April 20, 2010; (2 May 4, 2010
Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's
Aerial
Staff Report
Small Scale Amendment
COMPREHENSIVE PLAN
Mai USE
SINGLE- FAMILY
MULTI FAMILY
am COMMERCIAL
III INDUSTRIAL
PUBLIC FACILITES
RESIDENTIAL MIXED LISE
Applicant: Shirley Baker (1-tome Health Care Office
Petition No.: co)._ R
FUTURE LAND USE
0 Subject Property
Staff Report
Small Scale Amendment
1
1 1
1
1
ZONING
WM Slitt-,1.01 1 MikAAI is& inlitu,
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a r 00.0 MINIIIKALA
0,-Ltalitt46..WIliatftst
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c ai Mical It(s
0.11041176.4
04,14
Max
NitSgAlluAL 00.79.1.0111
6..4.1 Tamil
4.1:-.4ffiskoliefela4 abaxl Mal 4:11
Applicant: Shirley Baker (Horne Health Care Office
Petition No.: to -co).-
ZONING
Subject Property
Page -7
Staff Report
Small Scale Amendment
Okeechobee County Property Appraiser's Aerial
Applicant: Shirley Baker (Home Health Care Office
Petition No.: 10- cc' )-_A
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 7 c`_..c
in the matter of
•441 ILNDEPENDENT
NEWSPAPERS
OlK CHOBI:E NEWS
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
zt/&
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Judy Kasten
worn t a nd subscribed before me this
j y day of( r AD
Notary Public, State of Florida at Large
NOTARY PUBLIC -STATE OF FLORIDA
Angie Bridges
Commission DD779718
Expires: APR. 20, 2012
BONDEDTHRU ATLANTIC BONDING CO., INC.
107 S.W. 17th Street, Suite D, Okeechobee, FL 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,. April 15 2010 at 6:00 p.m. or as soon
thereafter as possible, to consider any proposed amendments, submitted by
Staff or citizens, to the adopted City Comprehensive Plan, which may
in ude amendments to the adopted Land Development Regulations
(LDR's). All amendments are forwarded, with a recommendation, to the City
Council for final consideration. The meeting will be held at City Hall, 55
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 made of the foregoing meeting. Accordingly,
any person who may seek to appeal any decision involving the matters no-
ticed herein will be responsible for making a verbatim record of the testimo-
ny and evidence at said meeting upon which any appeal is to be based.
Please contact General Services at 863- 763 -3372, or website
www.dtvofokeechobee.con to obtain a copy of the agenda.
In accordance with the Americans with Disabilities Act (ADA) of 1990 per-
sons needing spedal accommodation to participate in this proceeding
should contact the General Services Office at 863-763-3372 for assistance.
8Y: Brian Whitehall Zoning Administrator
351372 ON 4/14/10
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 b :-a%' /?A.4-1 C-feL)
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
(7 C
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.
INDEPE
NEWSP
O NEWS 107 S.W. 17th Street, Suite D, Okeechobee, Fl_ 34974
s iii
J
Judy Kasten
Sworn to and subscribed before me this
day of Z 1 L AD
Notary Public, State of Florida at Large
NOTARY PUBLIC -STATE OF FL-f1RIDA
Angie Bridges
Commission DD779718
Expires: APR. 20, 2012
BONDED THRU ATLANTIC BONDING CO., INC.
(863) 763 -3134
PUBLIC NOTICE
CONSIDERATION OF PROPOSED
ZONING RECLASSIFICATION
A PUBLIC HEARING will be held before the City of Okeechobee Planning
Board on Thursday, April 15, 2010 at 6:00 p.m. or as soon thereafter
as possible, at City Hall, 55 SE 3rd Ave, Council Chambers, Rm 200, Okee-
chobee, Florida. The agenda is available on the City website www.dtyofo-
keechobee.com, or contact the General Services Department,
bdement @cltyofokeechobee.com, 863- 763 -3372 x 218.
Under consideration Is Rezoning Petition No. 10- 002 -R, submitted by prop-
erty owner, Shirley Baker, for the purpose of changing the Zoning District,
on Commercial Professional Office (CPO) for property located at 00 3rd
Street. Legal: Lot 6 of Block 208, First Addition to Okeechobee, as record-
ed in Plat Book 5, Page 6, Public Records of Okeedwbee 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, Bam- 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, May 4, 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 heating will need to ensure a verbatim record
of the proceedings is made, whidt 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 partidpate in this proceeding should contact the
General Services Office at 863- 763 -3372 for assistance.
BY: Brian Whitehall, Zoning Administrator
Petition No. 10 -002 -2
348958 ON 3/28;4/7/10