0903 Rezoning ORDINANCE NO. 903
• 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) ZONING
DISTRICT TO LIGHT COMMERCIAL (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
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the owner of the property more particularly described hereafter, has
heretofore filed a petition(Petition No.05-006-R)pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning a certain tract
of land consisting of 0.20 acre(s) from Residential Single Family-One (RSF-1)
Zoning District 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 application; and
WHEREAS,the City Council finds such rezoning consistent with the City's Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend
aforesaid revised Zoning Map as hereinafter set forth:
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Office for the City; that:
Section 1. Legal Description
The following described land, located in the City of Okeechobee, to-wit:
LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, 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 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All ordinances or parts of ordinances in conflict herewith are hereby repealed.
•
Page 1 of 2
Section 4. Severability
If any provision or pprtion 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 and set for final public hearing on this 2"d day of August
2005.
James E. Kirk, Mayor
ATTEST:
6ALL._ atli
Lane Gamiot , CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16t'' day of
August, 2005.
•-. c:;k0
James E. Kirk, Mayor
ATTEST:
Ctiit.1C5(3[
Lane Gamiotea; CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
AUGUST 16, 2005 - REGULAR MEETING - PAGE 2 OF 14 337
IV. MINUTES CONTINUED.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the August 2, 2005 Regular Meeting continued.
V. AGENDA - Mayor.
A. Requests for the addition, deferral 6rwithdrawal of items on today's
agenda.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the July 2005 Warrant Register.
General Fund ................................ $318,646.26
Industrial Development Fund .................... $257,481.49
CDBG Grant .................................. $19,131.15
Debt Service Fund ................................ $97.99
VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
Mayor Kirk asked whether there were any request for the addition, deferral or withdrawal of items on today's agenda.
There were none.
Council Member Watford moved to approve the July 2005 Warrant Register in the amounts: General Fund, three
hundred eighteen thousand, six hundred forty-six dollars and twenty-six cents ($318,646.26); Industrial Development
Fund, two hundred fifty-seven thousand, four hundred eighty-one dollars and forty-nine cents ($257,481.49);
Community Development Block (CDBG) Grant, nineteen thousand, one hundred thirty-one dollars and fifteen cents
($19,131.15); Debt Service Fund, ninety-seven dollars and ninety-nine cents ($97.99); seconded by Council Member
Markham. There was no discussion on this matter.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:18 P.M.
aaa
AUGUST 16, 2005 - REGULAR MEETING - PAGE 3 OF 14
VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A.1. a) Motion to read by title only proposed Ordinance No. 903, regarding III Council Member Williams moved to read by title only, proposed Ordinance No. 903, regarding Rezoning Petition No.
Rezoning Petition No. 05-006-R submitted by Haynes and Susan 05-006-R submitted by Haynes and Susan Williams; seconded by Council Member Chandler.
Williams - City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 903 by title only. Attorney Cook read proposed Ordinance No. 903 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE
ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No. 903. 111 Council Member Markham moved to adopt proposed Ordinance No. 903; seconded by Council Member Williams
b) Public comments and discussion. This ordinance pertains to Rezoning No. 05-006-R which is requesting to amend the zoning for Lot 3 and the West
10 feet of Lot 2 of Block 144, City of Okeechobee, from RSF-1 to CLT. The property is located at 408 Northeast 3rd
Street. The application was submitted by the property owners, Haynes E. and Susan Williams.
Clerk Gamiotea reported, by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised
in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval (July
26, 2005 Meeting). Planning Staff recommended denial, however, since the Future Land Use Map Application No.
05-009-SSA was approved by the Council at the August 2, 2005 meeting, Staff recommends that the City stays
consistent and approval is now recommended. The General Services Department mailed nineteen courtesy notices
to the surrounding property owners with no response to date. The property was posted with a sign advertising the
request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff
report presented at the first reading, August 5, 2005 listed the basis for the recommendation of denial.
AUGUST 16, 2005 - REGULAR MEETING - PAGE 4 OF 14
339
Ll
VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2. b) Public comments and discussion continued.
c) Vote on motion.
Mayor Kirk asked whether there were any comments from the public. There were none. Council Member Markham
noted that this was discussed at length during the first reading. Council Member Watford asked whether any
communications were received by surrounding property owners. There were none. He commended the applicant for
requesting CLT since this limits what type of commercial use can be operated there.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
B.1. a) Motion to read by title only proposed Ordinance No. 904 regarding Council Member Williams moved to read by title only, proposed Ordinance No. 904 regarding Rezoning Petition No
Rezoning Petition No. 05-007-R, submitted by William and 05-007-R, "submitted by William and Catherine Fagan; seconded by Council Member Chandler.
Catherine Fagan - City Planning Consultant (Exhibit 2).
b) Vote on motion to read by title only.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 904 by title only. Attorney Cook read proposed Ordinance No. 904 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHID
ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING
MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No. 904 111 Council Member Markham moved to adopt proposed Ordinance No. 904; seconded by Council Member Chandler.
C
•
EXHIBIT 1
0116 REG MEETING
ORDINANCE NO. 903
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) ZONING
DISTRICT TO LIGHT COMMERCIAL (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
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the owner of the property more particularly described hereafter, has
heretofore filed a petition (Petition No. 05-006-R) pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning a certain tract
of land consisting of 0.20 acre(s) from Residential Single Family -One (RSF-1)
Zoning District 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 application; and
WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend
aforesaid revised Zoning Map as hereinafter set forth:
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Office for the City; that:
Section 1. Legal Description
The following described land, located in the City of Okeechobee, to -wit:
LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 5, 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 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.
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 and set for final public hearing on this 2"d day of August
2005.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of
August, 2005.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
James E. Kirk, Mayor
MEMORANDUM
>1B15A•
To: Mayor and Council
From: Lane Gamiotea, CIVIC, City Clerk
Subject: Ordinance No. 903/Rezoning No. 05-006-R
Date: August 12, 2005
This is the final public hearing regarding Ordinance No. 903 to consider approving Rezoning Application
No. 05-006-R. The application was submitted by property owners, Haynes E. and Susan Williams.
The request is to change the zoning on Lot 3 and the West 10 feet of Lot 2 of Block 144, CITY OF
OKEECHOBEE, from Residential Single Family -One (RSF-1) to Light Commercial (CLT). Please refer
to Code Book Section 90-252 for a list of permitted uses within a CLT zoning district.
• All fee's have been paid.
• The ordinance was advertised in the Okeechobee News on August 5, 2005.
• The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting).
• Planning Staff denied approval, however, since the Future Land Use Map Application No. 05-009-
SSA was approved by the Council at the August 2, 2005 meeting, Staff recommends that the City
stays consistent and approval is now recommended.
• The General Services Department mailed nineteen courtesy notices to the surrounding property, with
no response to date.
• The property was posted with a sign advertising the request of the rezoning, dates and times of both
the Planning Board and City Council public hearings.
Please do not hesitate to contact me should you require any additional information regarding this
application.
Thank you.
City of Okeechobee Date Le I I D _
General Services Department Fee Paid:
55 S.E. 3rd Avenue, Room 101 1st Hearing: ✓I 1 a. LP_ 1 Q
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218 Publication Dates:
Fax: (863) 763-1686 Notices Mailed:
Uniform Land Use Application
Petition No. 05-00c
Jurisdiction: Pe) I
2nd Hearing: Dal. + $'
owner(s): Ha nes E. Williams and Susan Williams
ingaddress: 206 N. Parrott Ave., Okeechobee, FL 34972-2931
Foperty
plicant(s) if other than owner (state relationship): Same
ailing address: Samentact
person (state relationship): Same
N
T
Contact person daytime phone(s): 863 610-2390 Fax: 863 763-4268
Property address / directions to property: 408 N.E. 3rd St., Okeechobee, FL 34972
✓
Indicate current use of property: Temporary real estate office + 2 bedroom apartment
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
2—story duplex with an office downstairs and a 576 sq ft apartment upstairs
Approximate number of acres: 0.20 Is property in a platted subdivision? City of Okeechobee
Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:
P
R
0
No
Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date,
P
nature and applicant's name: None
E
Is to this application being granted? No, proposed sale to Patricia Goolsby
R
a sale subject
T
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
Y
Yes
Describe adjoining land uses / improvements to the North: Vacant
South: McDonalds East: Residence --West:
Existing zoning: RSF-1 Future Land Use classification:
Actions Requested: ( Rezone (_) Special Exception (_� Variance
Parcel Identification Number: 3-15-37-35-0010-01440-0030
✓ Confirmation of 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. 0 d imprisonment of up to 30 days and may result in the summary denial of this application.
Haynes E. Williams June 23, 2005
Sig
i a Printed Name Date
V Su ors'_ yr Gt1,11f a_t'i"5
Uniform Land Use Application (rev. 1/03) Page I of 2
c---
Current zoning classification: RSF-1 Requested zoning classification: CLT
R
What is your desired permitted use under the proposed classification: Main use will be a 1st floor
E
professional office with a 576 sq ft apartment on the second floor.
Z
U
N
If granted, will the new zone be contiguous with a like zone? Commercial to the south and
E
single family to the north, east, and west
Is a Special Exception necessary for your intended use? Yes Variance? No
Describe the Special Exception sought:
S
P
E
C
I
Provide specific LDR ordinance citation:
A
L
Are there other similar uses in the area? Is so, describe:
E
X
C
E
Why would granting your request be in the best interest of the area and residents?
P
T
I
0
If business, briefly describe nature including number of employees, hours, noise generation and activities to be
N
conducted outside of a building:
Describe Variance sought:
V
A
R
Describe physical characteristic of property that makes variance necessary:
I
A
N
C
Did you cause or contribute to the characteristic? Is so, describe:
E
What is the minimum variance necessary?
Uniform Land Use Application (rev. 1/03)
Page 2 of 2
•
0
HAYNES E. WILLIAMS
206 NORTH PARROTT AVENUE
OKEECHOBEE, FL 34972
OFFICE: (863) 763 - 8051 - FAX: (863) 763 - 4268
CELL: (863) 610 - 2390
June 23, 2005
City of Okeechobee
General Services Department
55 S.E. 3`d Avenue, Room 101
Okeechobee, FL 34974-2903
Re: Uniform Land Use Application
Parcel 3-15-35-37-0010-01440-0030
Lot 3 and the West 10 feet of Lot 2, Block 144,
City of Okeechobee
To Whom It May Concern:
We, the applicants, have owned the subject property since December 26, 2002. Located
on the subject property is a two-story duplex with a one-bedroom/one-bath apartment on
the first floor and a two-bedroom/one-bath apartment on the second floor.
Presently, it is non -conforming Single Family RSF-1. In addition, the downstairs is
occupied by a real estate brokerage and the upstairs is rented out as a two-bedroom/one-
bath apartment. We, the applicants, have proposed to sell the duplex to Goolsby Realty
subject to getting the property rezoned from Residential Single Family (RSF-1) to Light
Commercial (CLT). As noted on the application, there are numerous businesses located
near the subject property.
The intended use of the subject property will be light commercial. The nature of the
activities will be consistent with that of a real estate brokerage. We do not anticipate any
future development of the subject property.
We are submitting this application to rezone the subject property from Single Family
Residential (RSF-1) to Light Commercial (CLT).
Sincerely,
mm/�
Susan Williams
1311
Prepared by and return to:
JOHN D. CASSELS, JR.
Documentary Stamps paid In the amouat of
Attorney at Law
$ rl9�).
Cassels & McCall
Gass C Intansdbje Tax paid in the amount
P.O. Box 968 400 NW Second Street
$ ��-
Okeechobee, FL 34973
Sharon Robertson, Clerk of Circuit Court
File No.: 664
Okeedicities County R 'da
(i� , , ,
Parcel Identification No. 3-1537-35-0010-01440-0010 By: " D.C.
U-�1
(Space Above This Line For Recording Data]
ek.- t,- p.ao Warranty Deed
ptlD (STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 20th day of December, 2002 Between
PATRICIA POWELL, a single woman, ward, by MARGARET McCONNELL as Guardian of the property of
PATRICIA POWELL whose post office address is 1226 Lake Geneva Drive, Lake Worth, FL 33461 of the
County of Palm Beach, State of Florida, grantor*, and
HAYNES E. WILLIAMS and SUSAN WILLIAMS, his wife whose post office address is 208 North Parrott
Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee*,
Wituesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Okeechobee County Florida, to -wit:
LOTS 1,2,3,10,11,12 OF BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
THIS DEED is executed and delivered pursuant to that certain Order for Sale signed on December 2002, in
that certain guardianship proceeding in the Circuit Court of Okeechobee County, Florida, entitled "In re:
Guardianship of Patricia Powell", being Case No. 2000-CF-507A in the files of said Court
Subject to restrictions, reservations and easements of record, if any.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of
all persons whomsoever.
*"Grantor" and "Grantee" are used for singular or plural, as context requires. -
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
J
PATt.`ICIAPOWELL, w_rd, by MARGARET
McCONNELL, Guardian of the Property of
Patricia Powell
FILED FGR :RECORD
OKEECHOBEE COUNTY,FL."..
382611 QzREC,26
State offlorida R.OBERTSON
`✓ County of 4 C Ct D C/R CUI T COUIt.T
,,/�b .. ✓ The Margaret
Mc instrument was aclmow)ed�Pd before me this oia'day of December. 2002 by Patricia Powe ward, by Margaret McConnell. Guardian of the Property of Patricia Powell, who Kis personalty known or L] has produced
as identification. .
✓ (Notary
MARYANNEBOaAERT
.E_ W GOMMMON i CC 85MI
EXPIRES July 19, 2003
ema.a nnr tbrry ru6tc uamnll«.
r
Notary
Printed NaDw
My Commission Expires:
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N. E. 3RD AVE
CENTERLINE
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S89.49' 18' E 60.05' ( Fl RBS
1 5' A L L E Y
L EL A ND D YA L S
R. L. S. 2084
304 S. N. 3rd Ave., Okeechobee, Fla.
PHOM .... 789-4M FAX.... 7U-2M
N896 57' 00' W 90. 09' ( F1
LEGEND
RBF
- Rebar Found
LO RBS
- Rebar W/Cap Set
m 1PF
- Iron Pipe Found
CMF
- Concrete Monument Found
PRM
- Permanent Reference Monument
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- NAIL AND TAB FOUND
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- As per the plat of
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- Field Measurement
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- As per the deed
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- Calculation
1
NOTES. 1.
2.
3.
4.
Basis bearing THE NORTH BOUNDARY LINE
Bearings per ASSUMED
Not valid without the signature and the original raised
seat of a Florida licensed surveyor and mapper.
Description as per owner
STREET ADDRESS.
209 NORTH EAST 3RD AVENUE
CERTIFIED TO.
HAYNES E. AND SUSAN WILLIAMS
L 0 T 2
SURVEY OF.
LOT 3, AND THE WEST 10 FEET OF LOT 2. BLOCK 144. OKEECHOBEE, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF
OKEECHOBEE COUNTY. FLORIDA.
CERTIFICATE OF SURVEY
I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED
UNDER MY DIRECTION AND SUPERVISION.
__ _ _
LELANQ DYALS. RLS 2084
P - 30 LWATICWL- 8 c Nor 10a L- a Al- 144
suer R
EPPL
DAUM FM HAYNES FNM:
l° WILLIAMS��
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• 1375 Jacks(Mtreet, Suite 206
Fort Myers, ? orida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
Email: larue-planningna,att.net
Staff Report
Rezoning Request
Owner: Haynes E. and Susan Williams
From: Residential Single Family, RSF-I
To: Light Commercial, CLT
Petition No. 05-006-R
Staff Report
Rezoning Request
Applicant: Haynes and Susan Williams
Petition No.: 05-006-R
Applicant and Owners: Haynes E. and Susan Williams
Applicant Address: 206 N. Parrott Avenue
Okeechobee, FL 34972-2931
Applicant Phone Number: 863-610-2390/ Fax: 863-763-4268
Parcel ID Number
Existing Proposed
3-15-37-35-0010-01440-0030
Future Land Use Map
Classification
Single -Family
Commercial
Zoning District
RSF-1
CLT
Use of Property
Office & Apartment
Office & Apartment
Acreage
0.20 acres
Access
N.E. 3rd
Location: 408 NE 3rd St.
Legal Description: Lot 3, and the West 10 feet of Lot 2, Block 144,
Okeechobee, according to the plat thereof recorded in P.B.
5, Pg 5, Public Records of Okeechobee County, FL.
Request:
The applicant requests that the zoning for the subject property be changed from
Residential Single -Family One (RSF-1) to Light Commercial (CLT). The applicant is
also requesting a Small Scale Map Amendment from Single -Family to Commercial.
Adjacent Future Land Use Map Classifications and Zoning Districts:
North:
Future Land Use Map Classification:
Single -Family
Zoning District:
RSF-1
Existing Land Use:
Vacant
East:
Future Land Use Map Classification:
Single -Family
Zoning District:
RSF-1
Existing Land Use:
Single -Family residence
South:
Future Land Use Map Classification:
Multi -Family
Zoning District:
RMF
Existing Land Use:
Vacant
Staff Report • Applicant: Dines and Susan Williams
Rezoning Request Petition No.: 05-006-R
West:
Future Land Use Map Classification:
Single -Family
Zoning District:
RSF-1
Existing Land Use:
Single -Family residence
The subject property is in an area with residential uses. The residential use for this
property is compatible with the abutting properties; however, the real estate office
does not suit the neighborhood. The proposed zoning of CLT would be consistent
with the Commercial FLU designation if approved in a separate application. The
proposed zoning, on the other hand, is not consistent with the surrounding land uses.
Analysis
1. The proposed use is not contrary to Comprehensive Plan requirements.
The application is not consistent with the requirements of the City's Comprehensive
Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow
a Commercial Land Use Category is inconsistent as it pertains to the intent and use of
the Commercial Land Use Category as described in the Comprehensive Plan. The
current Single -Family Future Land Use Category and the current RSF-1 Zoning
District are both compatible with each other.
2. The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations.
The current residential use is authorized under the current RSF-1 Zoning District.
The commercial use is not. If this request is granted then the situation would be
the same but vice versa. Whereas the commercial use would be compatible with
the CLT zoning, but the residential use would not be compatible.
3. The proposed use will not have an adverse effect on the public interest.
Yes, the proposed zoning to CLT could have an adverse effect on the public interest.
2
Staff Report
Rezoning Request
Applicant: Haynes and Susan Williams
Petition No.: 05-006-R
4. The 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.
No, the use is not appropriate for this location. The office space stated as
"temporary" on the application but is still not compatible with adjacent land uses and
would be detrimental to urbanizing land use patterns.
5. The proposed use will not adversely affect property values or living conditions, or
be a deterrent to the improvement or development of adjacent property.
If granted, the commercial use could adversely affect property values and be a
deterrent to development to adjacent residential areas.
6. The proposed use can be suitably buffered from surrounding uses, so as to reduce
the impact of any nuisance or hazard to the neighborhood
If necessary, the proposed change can be suitably buffered from the surrounding uses.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
No, the use will not overburden public facilities.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
Yes, the proposed change could increase traffic congestion or otherwise affect public
safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
The only restrictions on this property are those set forth by the Comprehensive Plan
and The Land Development Code.
10. The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
If granted, the change will constitute a special privilege to the owner by allowing
commercial uses in a residential neighborhood.
3
Staff Report Applicant: Haynes and Susan Williams
Rezoning Request Petition No.: 05-006-R
Recommendation
Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based
on the above data and analysis.
Submitted by:
James G. LaRue, AICP
Planning Consultant
July 19, 2005
4
•
•
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisherof the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
t, being/la .
in the matter of
F�v
in the 19th Judicial District of the Circuit Court of Okeechobeeof the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
PUBLIC NOTICE'
CONISHIEUMNOFADOPTING
ACTTYOROINANCE .
PLEASETAKE NOTICE that the d V CbWcN of the City of Okeechobee, Florida Wit
on Tuesday, August 16 2005 at 6W. -p,m. or as Soon thereafter poss@le, at City
Hal, 55 SE 3rd Ave Okeechohe9;R*Gconduct a PUBLIC the,
on and.4 ere-
after to.conswer fatal oF" ferowl OCdkraoce irito kvr N0. 903: AN
ORDINANCE OF THE
not,"
%FLDRIDA AMENDING THE OFFI-
CIAL ZONING MIIP GF'OIIEECHWU.'$Y REZONiNG'A'CERTAIN'TRACT,OF
LUD,MOREFARTNAN.ARLY:DC$CWtlFD.HWIN;'PROM RESIDENTIAL SIN-
GLE`FAMGY-ONE (IMF-1 `ZONING D�IICT TO L1GHr COMMERCIAL CLTTII
ZONING DISTRICT AM�NG THE ZONING MAP,,:A000RDINGLY,'PROVSDING
FOR CONFLICTS,16i IABR.R1f AND AN EPPkM DATE
The,pd�rppo�se of the ordinance Is to charge the zoning classifications from Residen-
tial Single Famly-ft ((RRSF1) to Lig Commercial &C T) by property owners
Haynes E. and Susan V✓rlarns, PNlidan No. 05 006 R for pprpperty lobated at q06
Northeast 3rd Street Legal descriptIm Lot 3 and West 10 feet of Lot 2 of Block
1441 City of Okeealiahes
Ali mnue ers�t k are encouraged to attend and ate in said hearing.
nonce maybe k0pected in i6,entke�y 6yipmembers of the pub•
lic in the ONice of the City: Clerk during regular business hours, Mon -Fri,
8am,4:300, e6w filartra0days.
PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to "appeal any
li
decision made.byy the City Cotod with respectto any matter considered at this
hexing; sudi'krterested person will need a record of the proceedings, and for
such purpose mayneed b mum a verbatim record of the proceedings is made,
which record Includes the testirr" and evidence upon which the appeal Is to
be based. City Clerk taps are for the sole purpose ofbackup for official records
oftlisClerk -
'(P Itcordance with the Americans with DLSako,' Act (ADA) and Florida Statutes
286.26; persons with dlsablles neeiNrq speolol acconanoda6on to participate
in this ioceedkg shirk coirloct Lane Gondolas no later than two A wok'ng
da at 863-763-3372 a215: it hearing or voice impaired,
3448 voice)) or 1-M-447-5620 (T .
Lane Gamiatea: 69, ChY CLERK
74K§ ON tyW
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
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper.
Sworn to nd s scri fore me this
day of A.D. 20_
Notary blic, State of Florida at Large o"t;Y'="4:i =`= "d'= R. r4n
t commiS8i0n #LDD272118
Expl es: Jan 17, 2008
Bonded Th:u
" " A±Ina�tic Bonding Co., ln-z
AUGUST 2, 2005 - REGULAR MEETING - PAGE 5 OF 18
317
VI. PUBLIC HEARING CONTINUED,
A. 2. b) Public comments and discussion continued.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VII. NEW BUSINESS.
Clerk Gamiotea reported by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised in
the Okeechobee News on July 22. The Planning Staff found the application not to be in compliance with the
Comprehensive Plan and does not recommend approval. However, the Land Planning Agency discussed the
application at their July 26, 2005 meeting, found the application to be consistent with the Comprehensive Plan and
is recommending approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign
on the property since this is a small scale amendment (less than 10 acres). There is a Rezoning Application in process
for the property as well (No. 05-006-R).
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
Mayor Kirk then opened the floor for discussion between the Council. Council Member Watford remarked that what
makes this request favorable is the mixed use of the proposal with the commercial use on the bottom floor and the
residential use on the top floor. Council Member Markham noted that the surrounding area looks like a mixed variety
of uses even with multi -family and that this area will likely be more commercial. He also noted that the applicant should
be able to meet most of the set backs and parking due to how the site is laid out. Mr. Williams stated there have not
been any parking problems or complaints from the residential areas. He has been operating from this location, due
to destruction of their building during the Hurricanes in September of 2004.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:23 P.M.
A.1. a) Motion to read by title only and set August 16, 2005 as a final public Council Member Williams moved to read by title only, and set August 16, 2005 as a final public hearing date for
hearing date for proposed Ordinance No. 903, regarding Rezoning proposed Ordinance No. 903, regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams;
Petition No. 05-006-R submitted by Haynes and Susan Williams - seconded by Council Member Watford.
City Planning Consultant (Exhibit 2).
AUGUST 2, 2005 - REGULAR MEETING - PAGE 6 OF 18
VII. NEW BUSINESS CONTINUED.
A.1. b) Vote on motion to read by title only and set final public hearing date
c) City Attorney to read proposed Ordinance No. 903 by title only
2. a) Motion to approve the first reading of proposed Ordinance No. 903.
b) Discussion.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 903 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE
ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE "
Council Member Markham moved to approve the first reading of proposed Ordinance No. 903; seconded by Council
Member Williams.
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
This Ordinance amends the Zoning designation on Lot 3 and the West 10 Feet of Lot 2 of Block 144, City of
Okeechobee, located at 408 Northeast 3rd Street from RSF-1 to CLT. The application was submitted by property
owners Haynes E. and Susan Williams.
Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for
this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood.
The proposed zoning of CLT would be consistent with the Commercial Future Land Use designation if approved in
a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses.
Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's
Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial
Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as
described in the Comprehensive Plan. The current SF Future Land Use Category and the current RSF-1 Zoning
District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1
Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice
n
AUGUST 2, 2005 - REGULAR MEETING - PAGE 7 OF 18 319
VII. NEW BUSINESS CONTINUED.
A. 2. b) Discussion continued. Planning Staff Report Analysis (B) continued: versa. Whereas the commercial use would be compatible with the
CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse
effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary"
on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use
patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to
adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses.
(G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or
otherwise affect public safety. (1) The only restrictions on this property are those set forth by the Comprehensive Plan
and the Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing
commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial
of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis.
The Planning Board discussed this application at their July 26, 2005 meeting and found the application to be consistent
with the Comprehensive Plan and are recommending approval. Mr. LaRue noted that since the Council approved
the future land use change during the public hearing, it would be consistent to approve the zoning as well.
c) Vote on motion. VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
B.1. a) Motion to read by title only and set August 16, 2005 as a final public Council Member Williams moved to read by title only, and set August 16, 2005 as a final public hearing date for
hearing date for proposed Ordinance No. 904 regarding Rezoning proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted by William and Catherine Fagan;
Petition No. 05-007-R, submitted by William and Catherine Fagan - seconded by Council Member Chandler.
City Planning Consultant (Exhibit 3). 11
26.2005 - Planning Board - Page 2 of 5
IV. NEW BUSINESS.
A. Rezoning Petition No. 05-006-R. Consider a recommendation to the City
Council to rezone Lot 3 and the West half of Lot 2, Block 144, City of
Okeechobee from Residential Single Family - One (RSF-1) to Light Commercial
(CLT). The property owners and applicants are Haynes and Susan Williams.
•
Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant,
briefly described the Staff Report as follows:
Planning Staff Report Summary: The subject property is in an area with residential uses. The
residential use for this property is compatible with the abutting properties; however, the real estate
office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the
Commercial FLU designation if approved in a separate application. The proposed zoning, on the
other hand, is not consistent with the surrounding land uses.
Planning Staff Report Analysis: (A) The application is not consistent with the requirements of
the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map
Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent
and use of the Commercial Land Use Category as described in the Comprehensive Plan. The
current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both
compatible with each other. (B) The current residential use is authorized under the current RSF-1
Zoning District. The commercial use is not. If this request is granted then the situation would be
the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning,
but the residential use would not be compatible. (C) The proposed zoning to CLT could have an
adverse effect on the public interest. (D) The use is not appropriate for this location. The office
space stated as "temporary" on the application but is still not compatible with adjacent land uses
and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely
affect property values and be a deterrent to development to adjacent residential areas. (F) If
necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use
will not overburden public facilities. (H) The proposed change could increase traffic congestion
or otherwise affect public safety. (I) The only restrictions on this property are those set forth by the
Comprehensive Plan and The Land Development Code. (,I) If granted, the change will constitute
a special privilege to the owner by allowing commercial uses in a residential neighborhood.
Planning Staff Report Recommendation: Staff recommends denial of the request to allow
rezoning from RSF-1 to CLT based on the above data and analysis.
Ms. Morgan explained that since the Land Planning Agency recommended approval for the
Comprehensive Plan Future Land Use Map Amendment from Single Family to Commercial, the
Light Commercial (CLT) zoning district would be consistent with the Comprehensive Plan.
26.2005 - Planning Board - Page 3 of 5
•
P
IV. NEW BUSINESS.
A. Rezoning Petition No. 05-006-R, continued.
B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City
Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residen-
tial Single Family - One (RSF-1) to Residential Multiple Family (RMF). The
property owners and applicants are William and Catherine Fagan, represented by
Nathan Pippin.
There was no public comment, nor any discussion from the Board.
Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05-
006-R, changing the zoning from Residential Single Family - One (RSF-1) to Light Commercial
(CLT); seconded by Board Member Burroughs.
VOTE
BURROUGHS-YEA
HOOVER - YEA
K. KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
WHIDDEN - YEA
MOTION CARRIED.
Haynes Williams, property owner, requested to address the Board. He explained that approxi-
mately one year ago the Board approved a rezoning request for one of the properties located near
his property. He explained that the Planning Staff recommended approval on that rezoning petition
stating that there would be "no adverse affect". Mr. Williams continued by explaining that the
Planning Staff stated that the proposed rezoning "would have an adverse affect" on the surrounding
area. Mr. Williams explained that he counted thirty-seven (37) businesses and five (5) residences.
Mr. Williams thanked the Board for the favorable recommendation to the City Council.
Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant.
briefly described the Staff Report as follows:
Planning Staff Report Summary: N/A
Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consisten
with the Comprehensive Plan policies and the Future Land Use Map designation of Multi-Famil:
for this property. (B) Multi -Family development is authorized under the RMF Zoning District
(C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use ani