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1060 Amending Zoning MapORDINANCE NO. 1060 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF -1) TO COMMERCIAL LIGHT (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, D A Properties, Inc., Anita Nunez, President, owner(s) of the property more particularly described hereafter, has heretofore filed Petition No. 10- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.84 acre(s) from Residential Single Family -One (RSF -1) to Light Commercial (CLT) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) was reviewed by the City's Planning Board at a duly advertised meeting held on March 18, 2010, and determined to be consistent with the Comprehensive Plan while duly noting that the Planning Staff Report is recommending Light Commercial (CLT) as a more appropriate zoning; and WHEREAS, the City Council has not agreed with the recommendation of the Planning Board to rezone the property to Heavy Commercial (CHV), and hereby finds such rezoning to Light Commercial (CLT) consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 5, BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property (0.84 acres) zoning classification to be changed from Residential Single Family -One (RSF -1) Zoning District to Light Commercial (CLT) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1060 Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading public hearing on this 6 day of April, 2010. 4 21 -6 4 James E. Kirk, Mayor ATL ST: VA Ai. I stlikvel Lane Gamiotea, C C, City Clerk PASSED AND ADOPTED after Second and Final Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1060 Page 2 of 2 Public Hearing this 20 day of April, 2010. i LI James E. Kirk, Mayor 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: i fl 3010 Petition No. IC' 001- R Fee Paid: «5Q CID Jurisdiction: f ts 1 Ct 1" Hearin 2° g 3 41'10 Hearing: Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION Date Rec'd. Chk'd 1 Name of property owner(s): 4- 1=}- Prop A L 2 Owner mailing address: 7E A ic gat- ...77 eYG'.e. cy 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 v ki .i.,.� 6 52) M Vim, mix-: 5 Name of contact person (state relationshlp): 4.t..5,4-4 ›;.c4.e, ,i e i 6 Contact person daytime phone(s): k,',(..,.,3 e.7 7 /`,''S' lfi k 4`� f k. 7 Property address /directions to property: 310 ads 7Z.�4k 1, /�'c i= c y ,..A Li 1 4 70, /-4 u ‘4.6e�fi c#.4 7c' 4 0 t tito rd L c..ki Ai 7 tA- i f- v v dAJ /C,_ /0 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? Ain 13 Describe uses on adjoining property to the North: North: 2 eV,774. East: //c: 1./7" "r/ South: 6.01 -y 4� °.n. West: S;•rf)`o_ ,--,-"en ii /Zemv,)ert// 14 Existing zoning: 6 /2 Future Land Use classification Sr /Z stow.* 15 Request is for: (:)C,) Rezone Special Exception Variance 16 Parcel Identification Number: g-4 3 7 .3 5 Lne,Ce 0/4 ej cye ATTACHMENTS 17 Applicant's statement of interest in property /a por uJ �,¢i2C,`nf,if 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