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2014-03-20454 CITY OF OKEECHOBEE PLANNING BOARD MARCH 20, 2014 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson. Planning Board, March 20, 2014, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty M. Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the December 19, 2013, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover called the March 20, 2014, meeting to order at 6:01 p.m., held in the Council Chambers located at City Hall, 55 Southeast 3rd Avenue, Okeechobee, Florida 34974, Room 200. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Present Position Vacant Present Present Present Board Member Burroughs moved to dispense with the reading and approve the Summary of Board Action for the December 19, 2013, Regular Meeting; seconded by Board Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - N/A BRASS - YEA MOTION CARRIED. MCCOY - YEA Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Application No. 14- 001 -SSA submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to change the Future Land Use classification from Single Family to Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10th Avenue (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the property owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to recommend the City Council approve or deny application. MARCH 20, 2014 - PLANNING BOARD - PAGE 2 OF 74 5 5 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 14- 001 -SSA, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrol Word, Registered Agent, for CSW 13, LLC. They are requesting to change the Future Land Use classification from Single Family Residential to Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10th Avenue. Chairperson Hoover yielded the floor to Planning Consultant Brisson who reviewed the application and his recommendation for approval, based on the findings within the Planning Staff Report. He elaborated, CSW 13, LLC purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. Mr. Word is in the process of relocating some of the mobile home units, most do not meet the requirements due to their age, and are having to be demolished. According to the application, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. Additionally, they submitted Rezoning Petition No. 14- 001 -R, for Heavy Commercial. Attorney Sneider, whose law office is located at 200 Southwest 9th Street, Okeechobee, was present to respond to questions, along with Mr. Word, of 1080 Southeast 23rd Street. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none. Chairperson Hoover asked Board Members to disclose, for the record, whether they had spoken to the applicant or anyone else regarding the application, as well as whether they had visited the site. Board Members Baughman and Creasman disclosed that they had visited the site of the subject property. Board Member Burroughs disclosed he spoke with Mr. Word regarding his development intentions for the property. Board Member McCoy disclosed that he spoke with Mr. McCoin, the contractor hired to conduct demolition work on the subject property. Their conversation was due to Mr. McCoy's employment duties with the County Health Department, and related to the process for obtaining permits to abandon the septic tanks. Planning Staffs findings are as follows: Due to the requested Commercial land use classification, and the property being located along East North Park Street (State Road 70), which falls within the area that is considered part of the City's commercial corridor, the application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. Additionally, it's found to be consistent with State and Regional Policy Plans as it is a proposed use on previously developed urban land. AGENDA V. PUBLIC HEARING CONTINUED. A. 5. a) Consideration of a motion to recommend the City Council approve or deny Application No. 14- 001 -SSA continued. MARCH 20, 2014 - PLANNING BOARD - PAGE 3 OF 7 ACTION - DISCUSSION - VOTE Planning Staff Report Findings continued, the applicant addressed adequacy of public facilities. A letter was provided from the Okeechobee Utility Authority to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both State Road 70, and Highway 441 South are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis will need to include the impact to Southeast 10`h Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). Board Member Ritter clarified in regards to drainage, this property would not fall under SFWMD's jurisdiction due to its size, (less than 10 acres, and less than two acres impervious). The Federal Department of Environmental Protection would be the organization to address the drainage. The property contains no environmentally sensitive areas or other physical attributes that would limit development. The application is found to be compatible with adjacent and nearby land uses which are, to the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single - Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. Board Member Burroughs made a motion, seconded by Board Member Baughman, based on Planning Staff's findings and recommendation, to recommend the City Council approve Application No. 14- 001 -SSA, submitted by Attorney Sneider, on behalf of property owner, CSW 13, LLC, to change the Future Land Use classification from Single Family to Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10th Avenue. Legal description as follows: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; (continued) 1 AGENDA V. PUBLIC HEARING CONTINUED. A. 5. a) Consideration of a motion to recommend the City Council approve or deny Application No. 14- 001 -SSA continued. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: B. Petition No. 14 -001 -R submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10th Avenue (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. MARCH 20, 2014 - PLANNING BOARD - PAGE 4 OF 74 5 7 ACTION - DISCUSSION - VOTE Thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - YEA RITTER - YEA CREASMAN - N/A MOTION CARRIED. MCCOY - YEA The recommendation for Application No. 14- 001 -SSA will be forwarded in ordinance form, to the City Council to be considered for Adoption on April 1, 2014 at a Public Hearing. Rezoning Petition No. 14- 001 -R, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., on behalf of the property owner, Mr. Carrot Word, Registered Agent, for CSW 13, LLC. They are requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 Southeast 10th Avenue. This petition is for the same property as the item previously considered and recommended by the Board, Comprehensive Plan Amendment Application No. 14- 001 -SSA. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responded affirmatively, and stated their name and address for the record: Bill Brisson, Senior Planner, LaRue Planning and Management,1375 Jackson Street, Suite 206, Fort Myers, Florida. Mr. Brisson reviewed the petition and his recommendation for approval, based on the findings within the Planning Staff Report. CSW 13, LLC purchased the property in December of last year. It was occupied as a Mobile Home Park for many years. According to the petition, the owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. 458 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 3. Hear from the Property Owner or designee /agent, Rezoning Petition No. 14- 001 -R. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to recommend the City Council approve or deny petition. MARCH 20, 2014 - PLANNING BOARD - PAGE 5 OF 7 ACTION - DISCUSSION - VOTE Attorney Sneider, whose law office is located at 200 Southwest 9th Street, Okeechobee, was present to respond to questions, along with Mr. Word, of 1080 Southeast 2r Street. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to nine surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application as well as whether they had visited the site. In addition to the previous disclosures made in during the consideration of Public Hearing item "A," for Application No. 14- 001 -SSA, Board Member McCoy disclosed that he spoke with Mr. McMillan, Park Manager for the mobile home park located to the South at 104 Southeast 10th Avenue, owned by Ms. Janet Mays, who conveyed they had no objections to the requested rezoning change. Planning Staff's findings are as follows: As previously noted, the rezoning is being addressed concurrently with the Future Land Use Map amendment, which Planning Staff and now the Planning Board, has recommended for approval. The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 14- 001 -SSA be adopted. The proposed use is specifically authorized under the zoning district, and will not have an adverse effect on the public interest as the surrounding uses are commercial in nature. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. To the North (across Park Street) the existing use is vacant, with a Commercial Future Land Use, and Heavy Commercial zoning. The existing use to the East is the Post Office, with a Commercial Future Land Use, and a zoning of Heavy Commercial and Residential Multiple Family. To the South is a mobile home park with approximately 20 units, with a Single - Family Residential Future Land Use, and Residential Mobile Home Zoning. Finally, to the West is a retail shopping center, with a Future Land Use of Commercial and Heavy Commercial zoning. The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. The replacement of a nonconforming mobile home park will act to improve the likelihood that property values will be beneficially affected and improve the potential of redevelopment of adjacent properties. AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consider a motion to recommend the City Council approve or deny Petition No. 14 -001 -R continued. MARCH 20, 2014 - PLANNING BOARD - PAGE 6 OF 7 4 5 9 ACTION - DISCUSSION - VOTE Planning Staff Report Findings continued, in regards to the proposed use being able to be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood will need to be determined and addressed during site plan review. Preliminary, it would appear that the only area likely to require buffering would be the mobile home park to the South. The proposed commercial uses should not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Noting however there are several issues that will have to be adequately addressed during site plan review. A letter was provided from the Okeechobee Utility Authority to confirm potable water and wastewater could be provided for a commercial development. Based on the approved traffic analysis for nearby commercial development, it appears the level of traffic generated by the proposed development will have a minimal impact on North Park Street and Parrott Avenue (U.S. Highway 441). Both the State Road 70, and Highway 441 South are presently operating at a level of service "F" which is the lowest level rating, their adopted level of service standard is a "C." However, Planner Brisson noted in the findings that the applicant will need to provide a traffic impact analysis at the time of site plan review. The analysis will need to include the impact to Southeast 10th Avenue in addition to the State and Federal roadways. The results of this analysis may limit the intensity of the commercial development for this property. Regarding solid waste, the County recently confirmed a considerable level of excess capacity to serve the solid waste disposal needs in the City. The proposed development will be required to address, during site plan review, that it meets all drainage standards required by the City and South Florida Water Management District (SFWMD). The proposed use has not been inordinately burdened by unnecessary restrictions. Board Member Burroughs made a motion, seconded by Board Member Ritter, based on Planning Staff's findings and recommendation, to recommend the City Council approve Petition No. 14- 001 -R, submitted by Attorney Sneider, on behalf of property owner, CSW 13, LLC, to rezone an unplatted 2.565 acre parcel, located at 100 Southeast 10`h Avenue, from Residential Mobile Home to Heavy Commercial. Legal description as follows: A parcel of land lying in and comprising a part of Government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; Thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, (continued) AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consider a motion to recommend the City Council approve or deny Petition No. 14 -001 -R continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations. VII. ADJOURNMENT - 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. ATTEST: Dawn T. Hoover, Chairperson 3,Luintite, Patty Mt Burnette, Secretary MARCH 20, 2014 - PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCREARY - YEA BURROUGHS -YEA RITTER - YEA BAUGHMAN - YEA CREASMAN - N/A BRASS - YEA MCCOY - YEA MOTION CARRIED. The recommendation for Petition No. 14 -001 -R will be forwarded in ordinance form, to the City Council to be considered for First Reading on April 1, 2014, and for Adoption on April 15, 2014 at a Public Hearing. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:17 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:17 p.m. City of Okeechobee Planning Board /Board of Adjustment and Appeals Patty's Hand written Minutes March 20, 2014 Pg 1 of I. Call To Order - Chairperson: Chair Hoover called the March 20, 2014, Planning Board /Board of Adjustment and Appeals Regular Meeting to order at I t Of p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. A. Board Member B u ry oa -015 moved to dispense with the reading and approve the Summary of Planning Board /Board of AdjuMment and Appeals Action for the December 19, 2013 regular meeting; seconded by Board Member Bfuki hma.vt Discussion: VOTE PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ ABSENT Vice Chairperson Burroughs V HOOVER Board Member Baughman iV Board Member Brass Board Member McCoy BURROUGHS Board Member McCreary tV Board Member Ritter ✓ Alternate Board Member Creasman ✓ '� Alternate Board Member (vacant position) Planning Consultant Brisson, Senior Planner V V Board Attorney Cook Board Secretary Burnette i/ MCCOY III. Minutes - Secretary. A. Board Member B u ry oa -015 moved to dispense with the reading and approve the Summary of Planning Board /Board of AdjuMment and Appeals Action for the December 19, 2013 regular meeting; seconded by Board Member Bfuki hma.vt Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER '� BURROUGHS kr BAUGHMAN '� BRASS V MCCOY v MCCREARY ✓ RITTER `r CREASMAN it RFSIILTS. CARRIFD DFNIFD I March 20, 2014- PB /BOA Minute Guide - Page 2 of -7 IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. ri Crn$, V. Open Public Hearing - Chairperson. A. Application No. 14- 001 -SSA submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to change the Future Land Use classification from Single Family to Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10th Avenue (Exhibit 1). 1. Hear from Planning Staff. - r-t.ftd- f'rzc iv; Le. 11e` C q�, om +- -- s1--�� mme (!v rC c cLl Cyv»r :6"10 ✓ re- vO(v p tc:e, —hQ i'no +. � a,,,, i0 0.0 S. Re (1oy r s 10D iC.-e {1) March 20, 2014- PB /BOA Minute Guide - Page 3 of 2. Hear from the Property Owner or designee /agent. W-1 Tenn was ere_ as 0( prole °66 O'vtL Word. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the BoardAt.. r 3 -fo o,Cfm spot“, tot gpicccu i-- csYt� c in r, meC'otrt a loaAc h►►'" bAIYIDAi J11-5 - a\e-- Lov d ct....bousf- takAi-vtils b-C athkre-- March 20, 2014- PB/BOA Minute Guide - Page 4 of 5. a) Consider a motion to recommend the City Council approve or deny application. Board Member —6A- -+-rou s moved to recommend the City Council !.ro or deny Application No. 14- 001 -SSA submitted by Glenn J. Snei er, Agent on behalf of property owner, CSW 13, LLC, is requesting to change the Future Land Use classification from Single F mily to Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10`h Avenue; seconded by Board Member h kna4 b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS MCCOY t/r MCCREARY Ii RITTER CREASMAN RFSIII TS. CA RIFD DFNIFD The recommendan for Application No. 14- 001 -SSA will be forwarded to the City Council for consideration at a final Public Hearing on April 15, 2014. QUASI- JUDICIAL ITEM. B. Petition No. 14 -001 -R submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre March 20, 2014- PB /BOA Minute Guide - Page 5 of 7 parcel, located at 100 SE 10`h Avenue (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -R will be required to take an oath, respond, and give your full name and address). 611'1 1,0 Glop c ��'< ee O� Curia. d-LA 4 2. Hear from Planning Staff. , J�� -� ��..vC�n cs (Be 'coni n 6-i Saxne S 0 po) ice'' ' _I P l,i. cat 6- (,..)o_b s po ta-n o--1061A-4- --lo6 u-4 [°et '?semis cup lorep'itL. V h i S 4 'Me i 10 t► t o i i) a_4:- - f t.' tO,\°01V �m q _s 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. March 20, 2014- PB /BOA Minute Guide - Page 6 of 1 5. Disclosure of Ex -Parte Communications' by the Board. (19, p re,o z s GLp p ca. c (VLc Cv,i a_cfictuLAf r M l r 1 — PatAt Consider a motion to recommend the City Council approve or deny petition. 6. a) ins. 'r` ' p Board Member' 1-1. o``t l lSmoved to recommend the City Council approve r deny Petition No. 14 -001 -R submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is re mg to rezone from Residential Mobile Ho (t Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10th Avenue; seconded by Board Member b) Board discussion. r c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER `/ BURROUGHS BAUGHMAN `/ BRASS V MCCOY MCCREARY RITTER CREASMAN RFSUL TS. CAR IFD DENIFD The recommendation for Petition No. 14 -001 -R will be forwarded to the City Council for consideration at a final Public Hearing on April 15, 2014. CLOSE PUBLIC HEARING - Chairperson.. 4, \� VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. March 20, 2014- PB /BOA Minute Guide - Page 7 of —% VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. 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 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. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. Classified Proof Client Address 161381 - CITY OF OKEECHOBEE 55 SE 3RD AVE, Attn: Melisa OKEECHOBEE, FL, 34974 Order# 462796 Classification 5005 - Public Notice Start Date 03/02/2014 End Date 03/12/2014 Run Dates 10 Publication(s) newszap.com - Florida, Okeechobee News Sales Rep 4205 - Janet Levy 3/L .I - -o Rt:.r f LI lol� Phone E -Mail Fax (863) 763 -3372 Ext: 0000 mjahner @cityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO # 3668 Created By JLEVY Creation Date 02/27/2014, 08:01:22 am Dimensions 2.4067 " X 5.4299 " Phone E -Mail Fax (302) 741-8297 jlevy @newszap.com (302) 741 -8215 PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT A PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thurrsday, March 20, 2014, 6:00 PM, or as soon thereafter as possible, at ate d ie isavae on the dty v e dobeecan or contact the Gen- eral Services Department, pb Jmettedcityefokeedwbee.com, 863- 763 -3372 x216 Under consideration is Comprehensive Ilan Small Scale Future Lard Use Map Amendment Application No. 14001 -554, submitted by Clan Srdder, on behalf of Carl Wad, tiered Agent for proper ty oarix, CSW 13, ILG The app iratien s r ng to d� the Fuhre Lard Use designa- tion from Singe Family (5 to Commercial (C) for property located at 103 5E 10th Avenue, appradma ely 2.565 acres. k 22, Township Range 35 East, Legal: A parcel of land lying in and c ri a part of Govern- Okeechobee County, County, Florida,being more pa arlydscribed as follows: Beginning at the intersecbon of the West right -of-way line of S.E. 10th Avenue (formerly Hancock Street) with the South right-of-way line of State Road 70, thence run West along said South right-of -way line of State Road 70 for a distance of 365 feet more or less to a point on the West Boundary line of Govennner Lot 2in Section 22, Township 37 South, Range 35 East thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeecho- bee County, Florida; thence run East along the South boundary line of said parcel of land described in Official Records Book 209 Page 451, for a distance of 365 feet, more or Tess, to the West rigid -of-way line of S.E. 10th Avenue (fomierly Hancock Street); thence run North along said West right-of -way for a distance of 315 feet, more or less, bo the Point of Beginning. Being the same property described in those certain instruments recorded in Offs cial Records Book 209, Page 4514 Official Records Book 224 Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee Comely Florida. LESS AND EXCEPT that property subject to the Order o1 Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Pk members of the pudic are encouraged to attend and participate in said Hearing. The entire petition may be inspected during regiar business hors, nFri, 8 API-4:30 PM, except for holidays The Planning Boards role in this capacity is to serve as the Citys Local Plan- ning Agency and make a recommendation for approval a denial to the Gty Council fa final adoption RjUic Hearing, tentatively scheduled for April 1, 2014,6PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter oxsidered at this mating will need to en- sure a verbatim record of the praeeding is made and the record includes the testimony and evidence upon which the appal will be based In accor- dance wth the Mnelrars oath Dsa9Gtres Act (ACA), any person with a dsablity as defined by the AAA, that needs special acamodatbn to tar t dpete in this pocecding, contact the General Services Office no later than two business days prior to praeecirg, 863-763-3372. BE ADVISED that should you intend 5, show any donrrert, picture, video or items to the Flaming Board in support or opposition to any item on the agenda; a c of the dccument, picture, video, a R mist st be provided to the Board Secretary for the City's reavcb. BY: Brian Wdtehsll, Zoning Administrator Application No. 14001 -55A 162796 ON 3/2,12/2014 Order Price Tax 1 Tax 2 Total Net Payment $352.44 $0.00 $0.00 $352.44 $0.00 Proofed by Janet Levy, 03/04/2014 10:13:08 am Page: 1 INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Tom. Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida,, that the attached copy of advertisement being a `t� `7' in the matter of/ ur t) in the 19th. Judicial District of t Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 3 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affian.t fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this ad vertisemp t for publication in the said newspaper. G'r r Toni Byrd Sworn to and subscribed before me this day of 911 .` t _ 4c.,, Notary Public, State of Florida at Large AD /.4411P0, ANGIE BRIDGES • *% MY COMMISSION 4 6E177653 ur�ar EXPIRES: April 20, 2016 '% rF _.;:$' Bonded Thru Notary Public Underwriters (863) 763 -3134 • PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION A QUASI- 3UDICIAL PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thursday March 20, 2014, 6:00 PM, or as soon thereafter as possible, at City Half, 55 SE 3rd Ave, Rm 200, Okee- chobee, be .co FL. or The agenda contact available General GNServices c Department, pbumette @dtyofokeechobee.com; 863'T63 -3372 x 218. Under considbehti f Is Rezoning rop property owneonCNo. rtol Word, Registered Agent Glenn for CSW Sneider, 13 L behalf petition pin is re Zoning Residential LMobile Hme(RMH)gto Heavy to Commercial (CHV) for property lo- cated at 100 SE 10th Avenue, consisting of approximately 2.565 acres. Legal: A parcel of land lying in and comprising a artggof Govern- ment Lot 2 in Section Okeechobee County, Florida, beinnggghmoreipaaritIcu a�ndescribeeyd as tine ofiS.E 1001 the Hancock Street) riwithotheaSouth South right-of-way line of State Road 0e for ardistance of 65 feet, line of Government more or less, to a point on the West Lot 2 in Section 22, Township 37 South, Range 35 East thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described In Official Records Book 209, Page 451, Public Records Records of Okeecho- bee ine of said.parcelof llaand described nI along the ds Book 204 Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S.E. 10th Avenue (formerly Hancock Street); thence 15 feet, more or less,3to saki he Point ofhBegf Beginning. Being the same property described in those certain instruments recorded in Off:- dal Records Book 209, Page 451• Official Records Book 224, Page 733 and Offical Records Book 239, Page 1391, all being in the Public Records of Okeechobee County Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Page 1874, of Light hePublic Records Company of Okeechobee County, Florida. 91� All members of the public are encouraged to attend and participate in said hours, Mon -Fri 8 AM-4 30 PM, except be for holidays. during regular business A Public Hearing for a Rezoning Petition is handled as a "Quasi - Judicial" pro - ceeding, meaning the Planning Board is functioning in a manner similar to a court, hearing testimony and questioning presenters who provide substan- tial and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. The recommended decision will be forwarded to the City Council for for 1, Reading and Final optic 6 Public Hearing„ tentatively ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and the record includes the testimony evidence tnil ct er n dance with heAmerica s wRhD Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the to the Board agenda; ; copy of the of the City's document, picture, , video, or item must be provided BY: Brian Whitehall, Zoning Administrator Petition No, 14 -001 -0 462795 ON 3/2,12/2014 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING MARCH 20, 2014 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: March 20, 2014, Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Douglas McCoy Board Member Les McCreary Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member (vacant position) Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette 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 December 19, 2013, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. MARCH 20, 2014 - PB /BOA AGENDA - PAGE 2 OF 3 V. OPEN PUBLIC HEARING - Chairperson. A. Application No. 14- 001 -SSA submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to change the Future Land Use classification from Single Family to Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10th Avenue (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM. B. Petition No. 14 -001 -R submitted by Glenn J. Sneider, Agent on behalf of property owner, CSW 13, LLC, is requesting to rezone from Residential Mobile Home to Heavy Commercial on an unplatted 2.565 acre parcel, located at 100 SE 10`h Avenue (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -001 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. MARCH 20, 2014 - PB /BOA AGENDA - PAGE 3 OF 3 VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. 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 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. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. Planning Board /Board of Adjustment and Appeals Meeting Administer of Oath March 20, 2014 Name Address 13(•11 Bri5on Lak - 1Ctnnirz { l3m! Svcs' City of Okeechobee General Services Department ra P 55 S.E. 3 Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 1-31-1 4 Petition No. ��... Cl (� 1 Fee Paid: ( —�(�- � p Jurisdiction: f /� � � C. 1st Hearing: , . -.a, �,- I t.I 2 "d Hearing: 1-1—'1,0-- it.4 Publication Dates: Notices Mailed: ,, j._ -p4 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 4 Date *Attach Notarized Letter of Owner's Authorization Sign rl of Owner or Authi5rized Representative* For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 7 RESPONSES TO APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT Applicant submits his responses to the Application for Comprehensive Plan Amendment and by reference to the numbered paragraphs in that document, states as follows: I. Applicant /Agent /Owner Information II. Applicant: Carrol Word Address: 1080 SE 23rd Street Okeechobee, FL 34974 Phone: (863) 610 -0296 Agent: Address: Phone: Fax: E-mail: Law Office of Glenn J. Sneider, L.C. 200 SW 9th Street Okeechobee, FL 34974 (863) 467 -6570 (863) 467 -1968 glennjsneider@gmail.com frank@sneiderlaw.com Owner of Record: Address: Phone: Requested Change CSW 13, L.L.C. 805 SE 3rd Court Okeechobee, FL 34974 (863) 610 -0296 A. Type: Future Land Use (FLUM) Amendment 13. Summary of Request: Applicant is requesting change from Single Family Residential to Commercial for future retail restaurant and /or related commercial use. III. Property Size and Location of Affected Property A. Property Location: 1. Site Address: 100 SE 10th Avenue Okeechobee, FL 34974 2. Property ID #(s): 2- 22- 37- 35 -0A00 -0001 1 -0000 B. Property Information: 1. Total area of Property: 2.565 acres 1 2. Total area included in request: Same as above a. In each Future Land Use Category: Single Family to Commercial b. Total Uplands: All c. Total Wetlands: None 3. Current Zoning: RMH 4. Current FLU: Single Family 5. Existing Land Use: MH park 6. Requested FLU: Commercial D. Maximum Development Potential of the Subject property: Applicant proposes change from the existing FLU category of single family to a proposed FLU of commercial with the Density, number of units, commercial square footage and/or industrial square footage to be determined by the county planner. IV. Amendment Support Documentation A. General Information and Maps 1 There are no proposed text changes. 2 A map showing the boundaries of the subject property, surrounding street network and Future Land Use designations of the surrounding properties is attached. 3 A map showing existing land uses of the subject property and surrounding properties is attached and demonstrates that the FLU is consistent with the surrounding properties and is adjacent to each of them. 4 Written descriptions of the existing land use and how the proposed Lane Use designation is consistent with current uses and current Future Land Use designations is attached and shows that the proposed use is consistent with the surrounding and adjacent properties. 5 Map showing existing zoning of the subject property and surrounding properties is attached. Certified property boundary survey with associated information is attached. 7 Copy of deed for the property subject to the requested change is attached. An aerial map is attached. Power of Attorney from property owner is attached. B. PUBLIC FACILITIES IMPACTS 1. Traffic Analysis 2 a. For Small Scale Amendments (SSA) An estimate of traffic volumes associated with the proposed change cannot be determined at this time as the use of the property is as yet undetermined. All other items under this subparagraph are not applicable. 2. Estimates of demand associated with maximum potential development of the subject property cannot be determined at this time as the use of the property is as yet undetermined. All other items under this subparagraph are not applicable. 3. A statement from the OUA substantiating the adequacy of the existing and proposed facilities is attached. C. ENVIRONMENTAL IMPACTS There are no environmental issues that impact the subject property. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. The current proposal does not affect established City of Okeechobee population projections. 2. N/A 3. N/A 4. There is no issues that would be inconsistent with the State Policy and regional Policy plan goals. 3 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each VI. AFFIDAVIT I, 61t-- , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter'%pon the property during normal working hours for the purpose of investigating and evalang the 1lejuest made through this application. Sigture o ner or utlzed Age o_ttx,3-,5 e:r Typed or Printed Name STATE OF1�C COUNTY OF QLLO /it"\ Date The foregoing instrument was certified and subscribed before me this ,g day of _� �, s, t'.V ., 201 "c , by (•, �a c�. iN. ' T. fly , 2 < —• , ho isr person--al Y known to men`, or who has produced ) as identification. Notary Public Printed Name of Notary Public Commission Expires on: 11 0 �p °, moo FRANKLIN D. HICKOX, JR. * MY COMMISSION # FF 007536 EXPIRES: April 14, 2017 4Aro, F,�`°e Bonded Thru Budget Notary Services For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 7 of 7 PROPERTY APPRAISER L " SHERMAN CC 0 z 0 w 0 ƒ @ 2 0 0 -J SURROUNDING PROPERTY *f °±$ vim ! i a< < <� 0 E 0 0 w m a I 1- 0 ce m z 0 0 w 0 0 w 0 je wO § 0 { 0 <0 0 z m 29 .2. Z 1- GIS /MAPPING DE GIS /MAPPING DEPARTMENT OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER w Q s w 7 6 COyM S 8 148 HWY 70 E CREEK LOT CREEK LOT' CREEK LOT ,CREEK LOT SR 70 E HWY270 E 3 4 CRKSIDE SO 5 6 CRKSIDE SO 7 8 CRKStE SO 10 11 CRKSIDE SO 12 CRKSId SO / CRKSIDE SO i 1 ATI co O Sj 9 ci T �0 ' � � A SOT co HWY70E HWY 70 E C> ! C)TY LT SE 3R �'— CRKS�DE SO 9 '' , a i G CITY LT ( CITY3LT I n CRKSIDE SO Fx- Y w F(CIL'-' u) I T ; I / CITVLT i 1F i CO C I CRKSfbE SO r114 1 T J THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON FMH SITE S FMH SITE S 1 2 3 IMP INDS 4 5 6 7 Legend HWY- PARCEL BOUNDARY SURROUNDING PROPERTY HWY70E 6 5 44 3 2 HWY 70 E 7 8 9 10 11 HWY 70 E IMPEINDS Existing Land Use 2 28 3 27 4 26 5 25 6 C1L4 LT 7 23 .. 8 2 O 0 COMM SF 23 22 21 20 CITY 19 ANGELA JONES - FOWLER, GISP 1 inch = 200 feet Date: 1/21/2014 Cly City of Okeechobee Future Land Use 19 er re ®111 r s1111/.1 ®Alin E •1 ! 1111 11111ii!i 11111111111111111111111111111111 ■■■■. ■■ 111111111111111111111 L*L1d..U!. Sul x169 115 Ibi 66 t'�/�j ■!�-1! 9 9 1`I''111 i■a1 ill_ 6 1! • • • r _t rs77�...7�� Fl7'�i l l� ..!I 13 a 5 0 3 2 6 9 5 6 3 AI D E F 2 B 3; 2 1 7 E. .60i -11 12 27 2 1_ 11 10 9 13 10- 15 16 [REIN Mei IIDIIIIBII 111111 1 22 21 6 23 D 11 10 - -1 H 12 1. 13 5 16 15 r Ell COMPREHENSIVE PLAN LAND USE ( ! SINGLE - FAMILY MULTI - FAMILY nk COMMERCIAL SW INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE ON ARV 17, 2013 CHANGES WERE MADE TO THE OFFICIAL FUTURE a 10 UcEECNRO6EROLGH LANO U. COT3CLERK LANE GPMwT.. e ri Lion moo 0 0.25 0.5 a ''- aOmaeeces ° °oo °v0O ejeeeeee ° .� �aee 1111. o �# 1 ® Miles w N General Notes: Plteys shown hereon are 15 or 20 feet in width. See appropriate subdivision plat for specific alley widths. This map has been compiled from the most current data available. The City of Okeechobee is not responsibte for any errors or omissions contained herein. City of Okeechobee Zoning Map 47 ✓��/3' '33 50 51 73 74 e.75 46 147 put 1sms% �1 II I I eG""�IYiuunlual fib/ 0/4 17, 2013 CIIMGESNERE MACE CITY Of OREECNMEE. FL General Notes: Alleys shown hereon are 15 or 20 feet In width. See approprieh subdivision pat for spec& alley widths. This map has been compiled from the most current data available. The Gay of Okeechobee is not responsible for any errors or omissam contained herein. rLy ul Vlteee;iiUUee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): (5 13, L L.C. Mailing Address: Cio t .) O (;(c g C ( 0 R .. sfl P, l-r- 2ov "NJ Ct :1+A.e,+ Home Telephone:aa 0 it., -7 --G % Work: Cell: IL Property Address: 10 0 SE lo- \J ; o iz e t,oke C--/- 31-17) Li C Parcel ID Number: 2_ V --- 3-)- 5} - 0f\ 0 0 .-- 00011- 0 0 0 0 Name of Applicant: G (C m -�, SR t `� Work: Cell: Home Telephone: 016 0.....(;c The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE DAY OF;G4\UOC., 20_11 UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS �0 ' G S c.) rg 4-1" �'NEI� At„41�,,,4 WITNESS r:..--, V4,t-,----.. ( OWNER Before me the undersigned authority acknowledged before me that they power of attorney for the purpose L�� . Notary Public: L�L WITNESS " personally appeared the owner(s) named above who upon being duly sworn are the owner(s) of the real property described above and that they executed the stated therein. Sworn and subscribed this3o4 °day of a6■.,(41 201j. ,3�'� ..,!,4, FRANKLIN j * _ j * MY O ua � SEAL iTeo FF * Bonded D. HICKOX, JR. COMMISSION A FF 001538 EXPIRES: April 14, 2017 ThruBudgetNota yServk s Commission Expires: 4.1 J 24` "j (Rev 01/12) Page 5of11 l.lty 01 VtieCcnuuee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863- 763 -1636 LAND USE POWER OF ATTORNEY Name of Property Owner(s): (5'* i'3 ` L , c. . } Mailing Address: C f Le-,‘d 0 -(,(;4 cat' C (7, r\ ,_) , Sil .1 r c'l 14k.c,1^r, c_IV, 3 `)'1T1 Home Telephone:660 /(.7 —G5 % Work: Cell: Property Address: lc SE lC1.a_ C:'F leto CI' T`15 )9 / Parcel ID Number: 2 •. 2i- 3-2- 557- . 0 o o , 00011_00o° Name of Applicant: � n� _ Home Telephone: ,,y1cLL2_cc — klWork: Cell: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS �� DAY OF , TO, cl;;e:t`1 2014 CAl/ C s w / 4-4. G i / aar. 4,4 / f% J y CWN1 R 4r,,,4/4 -N P ,. 1 WITNESS e)) rA / {a [1/// 9 �WJ OWNER WITNESS `J Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney the purpose ----- :r,u�,cto -1 201Ij. stated therein. Sworn and subscribed this o4 =``day of �u ( �°�"::. •.1N, FRANKLIN D. HICKOX, JR. , -- MY COMMISSION t FF 007536 N � si ' EXPIRES: April 14, 2017 Notary Public: "` J . SEAL \o,,, f Bonded Thru Budget Notary Senvkel Commission Expires: 4.1 j / 2 , (Rev 01/12) Page 5ofil Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Tax Folio No. 2-22-37-35-0A00-00011-0000 SUBJECT TO: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions, easements and other matters of record. 3. Taxes and assessments subsequent to December 31, 2014. Together with all the-tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants to specially warrant title to the property hereby conveyed against any claim or action arising for the federal case styled United States of America v. Vincent Colangelo and Rachel Bass, Case No.11-60033- CR- COOKE(s), decided in the United States District Court for the Southern District of Florida, the Final Order of Forfeiture dated August 24, 2012 and as and recorded January 28, 2013 in Official Records Book 725, Page 531 and Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land only, and not any mobile homes, if any, and will defend the same against the lawful claims of all persons claiming by, through or under the grantors. In Witness Thereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, scaled and delivered in the presence of: CORPORATE SEAL UNITED STA 0 ICA Case No.11- 60033- CR- COOKE(s) Asset Forfeiture Unit Special Warranty Deed - Page 2 DoubteTtm.' Book741 /Page153 CFN #2014000234 Page 2 of 3 State of „by- County of /knot - Before me, the undersigned authority , this 0t0 day of Ate, , 2013, personally appeared, gAiOn R. A M . J r -r eR:r , as the p Alt W 404,4ter. on behalf of United States of America, he/she acknowledged to me that he/she executed the foregoiing ' strument for the purposes and consideration therein expressed. He/She is personally known to me Seal: Special Marano, Deed - Page 3 No P. Public State of My Commission Expires: OoubteTime" Book741 /Page154 CFN #2014000234 Page 3 of 3 Prepared by and return. to: William J. Gardner, PA 7280 W Palmetto Park Rd Suite 208N Boca Raton, FL 33433 File Number 10644 MMR123726 Will Call No.: 1111111 11111111111111111111II1I! j 1 I1 FILE NUP1 .04 O 13� j OR BK. 741 PG 152 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/09/2014 01:13:29 PM AMT $278,910.00 RECORDING FEES $27.00 DEED DOC $1,953.00 RECORDED BY M Pi non Pas 152 - 154; (3 Pas) Consideration: $278.910.00 Case No.11-60033- CR- COOKE(s) [Space Above This Line lbr Recording Data] United States Special Warranty Deed This Indenture, made this day of November, 2013, between UNITED STATES OF AMERICA, whose post office address is c/o Matt Martin Real Estate Management, LLC, 2801 Network Boulevard, Suite 500, Frisco, Texas, 70534, grantor, having divested title pursuant to and in accordance with the terms of the Final Order of Forfeiture entered on the 24th day of August, 2012, by the United States District Court for the Southern District of Florida, and filed January 28, 2013 in Official Records Book 725, Page 531 and, Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida, in the case of UNITED STATES OF AMERICA v. Vincent Colangelo ,and United States of America v Rachel Bass Case Na11- 60033- CR- COOKE(S) and CSW 13, L.L.C., a Florida Limited Liability Company whose post office address is: 805 SE 3a Court, Okeechobee, Florida 34974, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this insutmtent and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS (510.00) 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 A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right-of-way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right-of-way line for a distance of 315 feet, more or less, to the Point of Beginning,. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the DoubNTim•' Book741 /Page152 CFN #2014000234 Page 1 of 3 OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974 -4221 January 30, 2014 RE: Address: 100 SE 10th Avenue Parcel ID: 2-22-37-35-0A00-00011-0000-12 To Whom it May Concern (863) 763 -9460 FAX: (863) 763 -9036 This letter will serve to verify that the OKEECHOBEE UTILITY AUTHORITY (OUA), services the above - referenced property with both water and sewer service. The mobile homes within the property are not individually metered but are serviced through a 2" master meter servicing the entire parcel. Please let me know should you have questions or require additional information. Sincerely, Lyn Lowe Office Manager, OUA NOUdI s30 Jd3nans odor AavaNnoe 1 0 0 0 Co co 7 D J O 1 C C O o 3 0 O 1 I�7E� u 3 40 1 0 9 �E `� O a u • ;*g.:21' O. Q^OIO _RV o 5 p c ro s o ▪ a C)3 °gnm Ol K i EL 3 $M 'ST n n b o o m O AoeoT o13Lzf0 g n 'o o 3 • o O : �a 5 5 0 0 4 v vs cv o �' an T 3 oo n 0 N D O '9E4 R. m R° O a3 0 O p O N� 40 s z ° Kenneth A. Breaux. Jr. (PSM 4820) {n fC O 69 Ep O • A mOO G7 V t3 C r+W W fD ®) CO • 0 Prx00)3 o W M,40 h • 4s. M M Z o 0 sxoAanxns S INIM GYxs J I) II 0 -4 4 0 1I 4W1110 un 4"24), JN ;2 =0 tong NP b. q1/61rMillOni3P "1 2,,a9n Ot ° ��M V�y���� � 200 y t 2 N om_ 1 N o-ki i5 !'h"'8; # n2 W, a 1, Q4, j 0 W Q C a 2 0 C b43 W WI" tb ~° f ag g y �' a� i Oi int (BEARING BASE/ SOUTH 315'(0) S 00 °19'21° E 2 42 , goo ,1Z 2 P- am, ' I 0 qMo4:;§410MN laW00.10-4(N4A A2k$1gROWM% 2,P, PqrsilWATNtIWIll 6$0^1 a r'I9 a a9 C "fir 5aaa t.n io2C 0 z 4 314.135'(M) PO GWALLOP 2 3 E.P.k L. AERIAL EASEMENT yl (O.R.R. W. PO. 107 1 u' f R.y L. OOSTROOTON k AINTENANOE EASEMENT (OR.S. SSI, PO. RRR) (1) D -1 A 0 D 0 Z JI 0 N 00 °2206 W 303.01'(N.,11 N 3 12 END OF DOTTER -- ANCHOR 10TH AVENUE (ASPHALT 0000) 40' 4/10 9 g 1 Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Carrol Word Petition No.: 14-001-SSA Planning NhnagcnicnI Scrvicc,s. Inc, 1 ky m rmq 2,.. I gilt `.1■. I lot td 3.9m Serving Florida Local Gm ernments Sncc 1 988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA General, Informatio t Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address Future Land Use Map Classification Zoning District Use of Property Acreage ItegallDescri •t %n o Sub act CSW 13, LLC 805 SE 3rd Court Okeechobee, FL 34974 Carrol Word 1080 SE 23rd Street Okeechobee, FL 34974 100 SE 10th Avenue Law Office of Glenn J. Sneider, L.0 863 - 467 -6570 frank @sneiderlaw.com Existing Single Family Residential RMH Mobile Home Park 2.565 acres °pert Parcel Identification Number: 2- 22- 37- 35 -0A00- 00011 -0000 Proposed Commercial CHV Mixed Commercial uses 2.565 Acres Legal Description: A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest center of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in the Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way line for a distance of 315 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and tirr.in� Ilotivia tiorr- rrtn,,rtt+ tiin.e 1`- 1 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, FL Re•uest The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single - Family Residential to Commercial for a 2.565 acre property located at 100 SE 10th Avenue. The property is concurrently being considered for rezoning from RMH to CHV. The property is and has been occupied by a Mobile Home Park for many years. The owner is requesting this Small Scale Plan Amendment (SSA) to allow the property to be developed in commercial use. While the specific mix and scale of uses has not as yet been determined, the rezoning application envisions the possibility of some mix of retail and a restaurant. Adjacent Future La nd Use Ma •::Classifications and Zoning Districtss, North: Future Land Use Map Classification Zoning District Existing Land Use East: Future Land Use Map Classification Zoning District Existing Land Use: South: Future Land Use Map Classification Zoning District Existing Land Use West: Future Land Use Map Classification Zoning District: Existing Land Use: Sui`.irt, I:101iad Luc.Y1 t,t35.rrumt -at, Commercial CHV Vacant Commercial CHV and RMF U. S. Post Office Single - Family Residential RMH Mobile Home Park Commercial CHV Shopping Center 2 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrot Word Petition No. 14 -001 -SSA 'General. Anal ,si and Staff Comments A Qualification for Amendment Based on the size of the property (2.565 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. B. Current Use and Development Potential The property is now used as a mobile home park which, under its current Future Land Use designation, would be permitted to have up to 15 mobile homes. At one time the development was nonconforming by virtue of having considerably more than 15 mobile homes being located on the property. The numbers have been dwindling in recent years and the current owner is in the process of relocating the remaining units. C. Development Potential as Commercial The maximum FAR permissible under the Comprehensive Plan is 3.00. Given the fact that the CHV zoning district limits coverage to 50% and height to 45 feet (four stories), FAR is limited to 2.00 unless a special exception is granted. However, an FAR of even 2.00 is greater than that which could practically be achieved when parking, drainage, and other development requirements are considered. Commercial development in Okeechobee is much more likely to run in the range of an FAR of 0.25 to 0.50. For example, the shopping center to the immediate west is on about 5.5 acres and probably has about 60,000 square foot of net floor area. This represents an FAR of about 0.25. Coal • rei ensiive Pfar l nal` alb A. Consistency with the Comprehensive Plan and State and Regional Policy Plans The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property ... ". Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The requested Commercial future land use designation is consistent with the general pattern of commercial uses fronting along SR 70. This location falls within the area SrY' nt; rit71kd ■ n■i =n[s 4in�. Iq?+ti 3 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Cerro! Word Petition No. 14 -001 -SSA along SR 70 that is considered part of the City's commercial corridor. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan. This is a standard proposal to allow commercial development in an urban location on previously developed urban land and is not inconsistent with State or Regional Policy Plans. B. Adequacy of Public Facilities Potable Water and Wastewater The Applicant has provided a letter from the Okeechobee Utility Authority (OUA) confirming that the Authority serves the property with both water and sewer. While some level of commercial development can certainly be served by the current water and sewer facilities available to the site, because the type and intensity of the uses to be developed on the parcel have not been determined, concurrency for full development of property cannot be guaranteed. When a site plan is submitted for review it will only be approved if OUA has the capacity to provide the needed level of water and sewer services. Roadways The City's adopted level of service standard (LOSS) for SR 70 and US 441/SR 7 is "C" and for local roads is "D ". Based on traffic analyses for nearby commercial development approved in recent years, it would appear that the level of traffic generated by development of the subject property is likely to impact both SR 70 and US 441/SR 7 to only a minor degree, perhaps as little as 5% of the traffic volume associated with level of service "C" for these roadways. SR 70, and US 441 south of SR 70 are presently operating at LOS "F ", the lowest LOS rating and far below the adopted LOSS of "C ". While the additional traffic generated onto these roadways by the proposed project may be insignificant, the Applicant will need to provide a traffic impact analysis at the time of site plan review the results of which may limit the intensity of development. The project will also affect SE 10th Avenue, the impact of which will need to be assessed by the applicant in its site plan submission. Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Set,. III', Fk>tid_I 111 Sink 1OS' Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14- 001 -SSA March C. Environmental Impacts The property has been developed to urban usage and contains no environmentally sensitive areas or other physical attributes that would limit development as a result of environmental concerns. D. Compatibility with Adjacent and Nearby Land Uses The property to the immediate east is the Post Office and the land to the immediate west is a retail shopping center, both of which are compatible with an likely uses to be placed on the property under a Commercial Future Land Use designation. The property to the north is vacant but carries a Future Land use designation of Commercial and is zoned CHV. Commercial use is also certainly compatible with this property. The property to the immediate south is presently a mobile home park with about 20 single - wide mobile homes. The property is also within the commercial corridor and, as with the subject parcel, the current use could be expected to convert to a more intensive use in the future, and either a Multi - Family or Commercial Future Land Use designation would be appropriate. Recommendation. Given the property's frontage on SR 70; ability to be compatible with surrounding uses; assessment of the availability of public services and facilities, Staff believes the requested amendment to designate the subject property Commercial on the FLUM is consistent with the City's Comprehensive Plan. Consequently, the Staff recommends approval. Submitted by: Wm. F. Brisson, AICP Planning Consultant March 6, 2014 Planning Board Hearing: March 20, 2014 Council Hearing: April 1, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses Letter from Okeechobee Utility Authority Svr:inr nemida Local ,Si,, , 198fi Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14-001-SSA : : 1•3 FUTURE LAND USE SUBJECT SITE AND ENVIRONS IN COMPREHENSIVE PLAN LAND USE ) SINGLE - FAMILY MULTI -FAMILY COMMERCIAL al INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida I:■velt1111C111ti Sint-e 1088 SE 6th St Subject Property Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14 -001 -SSA ZONING SUBJECT SITE AND ENVIRONS ZONING CBD - COMM BUSINESS DISTRICT - CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO -COMM PROFESSIONAL OFFICE H - HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2) Subject Property Serving Florida Lucas Governments Since 198R 7 Staff Report Applicant's Name: Carrol Word Small Scale Comprehensive Plan Amendment Petition No. 14 -001 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS ShoppincL' Center Mobile Home Park Serving Florida Local Governments Since 1988 8 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Carrol Word Petition No. 14-001-SSA Letter from Okeechobee Utility Authority LITILITY 180 SW 5th Avenue Okeechobee, Florida 34974.-4221 January 30, 2014 RF Address: 100 SE 10th Avenue Parcel ID: 2-22-37-35-0A00-00011-0000- 12 To Whorl it May Concern (863) 783-9460 FAX: (863) 783-9036 This letter will serve to verify that the OKEECHOBEE UTILITY AUTHORITY (OLIA), services the above-referenced property with both water and sewer service. The mobile homes within the property arc not individually metered but are serviced through a 2" master meter servicing the entire. parcel. Please let :ne know should havc questions or require additional information. Sincerely, r 1,0tiVC Ofiicc MglIage7, JA Ilotitid I rriuk nt• , 9 City of Okeechobee General Services Department 55 S.E. 3`1 Avenue, Room 101 Okeechobee, Florida 34974 Phone: (863) 763 -3372 Ext. 218 Fax: (863) 763 -1686 Date: 1.431. -ILJ Petition No. it-1- ot- Fee Paid: 1 -31, 14 Jurisdiction: Pf3I,- 6-'C 1st Hearing - 0, /q 2nd Hearing y-- 1 r 1 publication Dates: " t �" 4 Notices Mailed: .3, . - t 4 Rezone, Special Exception and Variance APPLICANT INFORMATION 1. Name of Property owner(s): CSW 13, L.L.C. 2. Owner mailing address: 805 SE 3rd Court Okeechobee, FL 34974 3. Name of Applicant(s) if other than owner: Carrol Word 4. Email address: glennsneider a mail.com and frank @'sneiderlaw.com 5. Name of contact person: Glenn J. Sneider, Esq. as attorney for applicant 6. 7. Contact person daytime phone(s): (863) 467 -6570 PROPERTY INFORMATION Property address /direction to property: 100 SE 10th Avenue Okeechobee, Fl 34974 8. Describe current use of property: Mobile Home Park 9. Describe improvements on property (number /type buildings, dwelling units, occupied or vacant, etc.: 7 occupied mobile homes and 9 vacant mobile homes Source of potable water: City ' Method of sewage disposal: City 10. Approx. acreage: 2.565 Is property in a platted subdivision: No 11. Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No. 12. Is a pending sale of the property subject to this application being granted? No. 13 Describe uses on adjoining property to the: North: Vacant East: Post Office South: Mobile Home Park West: Shopping Center 14. Existing zoning: Residential Mobile Homes Future Land Use Classification: Commercial 15. Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? No. 16. Request is for: Rezone to CVH 17. Parcel Identification Number: 2-22-37-0A00-00011-0000 18. Applicant's statement of interest in property: Fee Simple Owner 19. Non - refundable application fee: Rezoning $850.00 plus $30.00 /acre; Special Exception:$500.00 plus $30.00 an acre; Variance $500.00 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges: When the costs 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. 20. Last recorded warranty deed: January 9, 2014 21. Notarized letter of consent from property owner (if applicant is different from property owner) 22. 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 of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre. 23. List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers Office (attached) 24. Affidavit attesting to the completeness and correctness of the list (attached) 25. Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information 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 result in denial of this application. Printed Name Date 02/07/2014 11:00 8634671968 GLENN J SNEIDER, LC FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS PAGE 02/03 1.. The proposed rezoning is not contrary to Comprehensive Plan requirements. The Future Land Use Map changed to Commercial is consistent with the zoning change requested, and will enhance and provide rehabilitation to the property with its highest and best use. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. It is anticipated that its specific use will be as a retail establishment which may include a restaurant and as such, the proposed use is consistent with and authorized for the request for zoning. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public use in that the surrounding uses of the other properties are commercial in nature and the proposed use is consistent with the surrounding properties. 4. The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. See answer to Question number 3. 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. See answer to Question number 3. 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. The proposed use is consistent with the uses us the surrounding properties and any development will be consistent with the surrounding uses as it relates to any nuisance or possible hazard. 02/07/2014 11:00 8634671968 GLENN J SNEIDER, LC PAGE 03/03 7. The proposed use will not create a density pattern that would overburden public facilities as schools, streets and utility services. Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There is no knowledge of any restrictions that inherently burden the property. Prepared by and return to: William J. Gardner, PA 7280 W Palmetto Park Rd Suite 208N Boca Raton, FL 33433 File Number 10644 MMR123726 Will Call No.: 11111111111111111111111111111111 I1111 ILE NUM O 141O101(�i2�4 OR BK 741 PG 152 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/09/2014 01 :13 :29 P11 ANT $278.910.00 RECORDING FEES $27.00 DEED DOC $1,953.00 RECORDED 8Y 11 Pi non Pss 152 - 154; (3 Pas) Consideration: $278,910.00 Case No.11- 60033- CR- COOKE(s) [Space Above This Line ibr Recording Data] United States Special Warranty Deed This Indenture, made this c day of November, 2013, between UNITED STATES OF AMERICA, whose post office address is c/o Matt Martin Real Estate Management, LLC, 2801 Network Boulevard, Suite 500, Frisco, Texas, 70534, grantor, having divested title pursuant to and in accordance with the terms of the Final Order of Forfeiture entered on the 24th day of August, 2012, by the United States District Court for the Southern District of Florida, and filed January 28, 2013 in Official Records Book 725, Page 531 and, Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida, in the case of UNITED STATES OF AMERICA v. Vincent Colangelo ,and United States of America v Rachel Bass Case No.11- 60033- CR- COOKE(S) and CSW 13, L.L.C., a Florida Limited Liability Company whose post office address is: 805 SE 3nd Court, Okeechobee, Florida 34974, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporaoions, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum 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: A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest corner of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the West right-of-way line of S. E. 10th Avenue (formerly Hancock Street); thence run North along said West right -of -way line for a distance of 315 feet, more or less, to the Point of Beginning, Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Double-rime Book741 /Page152 CFN #2014000234 Page 1 of 3 Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, Florida. Tax Folio No. 2-22-37-35-0A00-00011-0000 SUBJECT TO: 1. Zoning and other governmental rules, regulations and ordinances. 2. Restrictions, covenants, conditions, easements and other matters of record. 3. Taxes and assessments subsequent to December 31, 2014. Together with all the.tertements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Hove and to Hold, the same in fee simple forever. And the grantor hereby covenants to specially warrant title to the property hereby conveyed against any claim or action arising for the federal case styled United States of America v. Vincent Colangelo and Rachel Bass, Case No.11- 60033- CR..COOKE(s), decided in the United States District Court for the Southern District of Florida, the Final Order of Forfeiture dated August 24, 2012 and as and recorded January 28, 2013 in Official Records Book 725, Page 531 and Official Records Book 725, Page 542, Public Records of Okeechobee County, Florida. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawfid authority to sell and convey said land; that the grantor hereby fully warrants the title to said land only, and not any mobile homes, if any, and will defend the same against the lawful claims of all persons claiming by, through or under the grantors. In Witness Thereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: CORPORATE SEAL Special Warranty Deed - Page 2 Case No.11- 60033- CR- COOKE(s) Asset Forfeiture Unit Doubl4Tkne° Book741 /Page153 CFN #2014000234 Page 2 of 3 State of .4).2.41"... County of tingi- ke,c..rS Before me, the undersigned authority , this c2-D day of Ate , 2013, personally appeared, D e. A M . J t T 0:t , as the 'r� New i : on behalf of United States of America, he/she acknowledged to me that he/she executed the foregoing ' ii strument for the purposes and consideration therein expressed. He/She is personally known to me Seal: State of My Commission Expires: Special Wmmnry Deed - Page 3 DouWsTime'° Book741 /Page154 CFN #2014000234 Page 3 of 3 l.l6J' V1 1...../110CCL.11.1111JVIC 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): C.5\1\113 / . L ..c_.. Mailing Address: C/o L4,, 0W,cc Ott C ton ,5-, s(tp ;'.kr- 200 ,,j 9.6_ S +.tc0 c7K<ec:1■ a +R 3y111 Home Telephone: ( .) ' r. 7 -(75- 70 Work: Cell: Property Address: 10 ® SE 10T-1- {V t., ®Kz ta- ; Ct. 3 j 5 Parcel ID Number: -. -- -) -5, ---, 0 A 0 0 00011-0000 Name of Applicant: Gk i\n 54.4,,,,- Cell: Home Telephone: C3�rjlt(f �c`1_.(�,<'7Work: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE DAY ;1-6,,MAcqtAl 2011 '30 UNDERSIGNED HAVE SET THEIR HAND AND STEALS THIS 1.- c- 4 l i C S t 3 4- A-94-6-1_, 1 WITNESS '1.-V6e)----.-,... 0ANH A- 4/7c,, OWNER Before me the undersigned authority acknowledged before me that they power of attorney fo the purpose Notary .Public: WITNESS personally appeared the owner(s) named above who upon being duly sworn are the owner(s) of the real property described above and that they executed the stated therein. Sworn and subscribed this3o -)day of -'"jantictr•.` 201A. 4o`;."•: "Ate, FRANKLIN D. HICKOX, JR. * --,,A)- * MY COMMISSION N FF 007538 In EXPIRES: Aprl 14, 2017 '. ' - ., SEAL % -eofno Bonded rnru Budget Notary Servku Commission Expires: 41 1J 12,x'17 f (Rev 01/12) Page Sofll C. 'BILL" SHERMAN, PROPERTY APPRAISER OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFIC GIS / MAPPING DEPARTMENT 3AV HIS? 3N w O } O � O cc CC < O d Q OO J >- o °o CO W ° 800Hco Q d Z j o oWOU) woC7 H co O Q i7 N a Y Z NI—O—I o Z m D O o 3AV H101. 3S �N N N C) V V) (O N- CO 0) 0 `- C CO // CO CO N CO V C) N N N N N N N 3AV Hl l L 3S 0 0) OC N N CO () (O n 00 0 0 o 0 I w o0OL ' cc of ON- cp NI- O5CO wL r co M N N N (0 co rn 03 CO U 0 M V SUBJECT PROPERTY WITHIN 100 O N O W D 11 r\ O U c W-0 0 2 Petition No. ' /4- "'i- Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of / /0 — )p / , and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 0 day of TAP. , 2d/ 4-,14 Signature of Applicant Cculti Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me this 2 day of Jan • , , jN . Personally known to me c! or produced as identification and did not take an oath. Notary Public, State of Florida (Rev 01/12) Seal: �i:':�re11'••. DEBRA C. CONROY �' 1x: _.; • n Commission # FF 04221$ Expires August a� "Po� Bonded Fain Insurance ... Page 3 of 11 PIN_DSP 2- 15- 37- 35 -OA00- 00007 -0000 2- 15- 37- 35 -OA00- 00008 -A000 2-22-37-35-0A00-00009-0000 2- 22- 37- 35 -OA00- 00011 -0000 2- 22- 37- 35 -OA00- 00012 -0000 2-22-37-35-0A00-00013-A000 3- 22- 37 -35- 0220 - 00000 -0100 3- 22- 37 -35- 0250 - 00000 -0010 3- 22- 37 -35- 0280- 00010 -0060 3- 22- 37 -35- 0280 - 00010 -0070 OWNER_NAME H2OLDINGS LLC BROWNING T R & SANDRA K UNITED STATES POSTAL SERVICE CSW 13 LLC MAYS JANET ROYALS 0 K LUNCH INC SANDOVAL EFRAIN DOMER RAY RUSSELL & CYNTHIA W HOWARD TAMMY T HEDRICK OLIE H & DONNA LEA within_300, 1/30/2014, Page 1 ADDRESS_1 %DONALD J HACKL 1177 ACCESS ROAD BHR 4000 DEKALB TECNOLOGY PARKWAY 805 SE 3RD CT 2679 SE 18TH TER 324 SW 16TH ST 260 NE 29TH STREET 204 SE 10TH AVE 2140 NE 39TH BLVD 819 SE 3RD ST ADDRESS_2 CITY_NAME ST ZIPCODE 1534 WALNUT AVE WILMETTE IL 600910000 OKEECHOBEE FL 34974 BUILDING 500 SUITE 550 ATLANTA GA 30340 OKEECHOBEE FL 34974 OKEECHOBEE FL 349740000 BELLE GLADE FL 334302824 POMPANO BEACH FL 33064 OKEECHOBEE FL 349744568 OKEECHOBEE FL 349720000 OKEECHOBEE FL 349740000 r v v NOlic/R10g30 A3A2lf1S Od01 28 ) YGNf108 0 0 O 03 CO D m • b. • • '042,,,6'1454 ribils*% N'''gc'Ph-m N'fig % t o ki W %2 ; 4 •1 tn Ell 13 Z C j L2 W k2 `m ^4i2 gyp 0 N �� a il l'IR R Vn'l : Q 4 o c 2 0 P 9 En Ent (BEARING BASE) SOUTH 31 5'(0) S 00 °19'21" E u ° 000 GRIVAL iE 2�O 2 = t,6-4aa Q2o� 84311 r MV4ii41$4!!i �2c)4a c22 • : tDIy oN0RtNy��� � �y "4300F1/11W, 4§410DItiA ParGWq 51 31 4.85'(M) Y P,P.k 1. AERIAL EASENEN; I (O.R.B. 391, PG. IB71 13' E.P.k L. COSPWCGON k N EN wiENANCE EASEMT (O.R.B. 391. PG. IVO N 00 °2206 W 303.01'(M) RC •2084. 440 S2 g4; gt Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Carrol Word Petition No.: 14 -001 -R Planning .` Management Services, Inc, I Stry ;'t. Jllilc 30t1 cvi Nfrarcc. 1'I�>ricl.1 2 360 Ser\ Florida Local C;o %-ernments Since 1988 Staff Report Rezoning Request Applicant's Name: Carrot Word Petition No. 14 -001 -R General Information, Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address Future Land Use Map Classification Zoning District Use of Property Acreage CSW 13, LLC 805 SE 3rd Court Okeechobee, FL 34974 Carrol Word 1080 SE 23rd Street Okeechobee, FL 34974 100 SE 10th Avenue Law Office of Glenn J Sneider, L.0 863 - 467 -6570 frank @sneiderlaw.com Existing Single Family Residential RMH Mobile Home Park 2.565 acres Proposed Commercial CHV Mixed Commercial uses 2.565 Acres Legal Description of Subject Property, Parcel Identification Number: 2- 22- 37- 35 -0A00- 00011 -0000 Legal Description: A parcel of land lying in and comprising a part of government Lot 2 in Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Beginning at the intersection of the West right -of -way line of S. E. 10th Avenue (formerly Hancock Street) with the South right -of -way line of State Road 70, thence run West along said South right -of -Way line of State Road 70 for a distance of 365 feet, more or less, to a point on the West Boundary line of Government Lot 2 in Section 22, Township 37 South, Range 35 East; thence run South along said West line of Government Lot 2 for a distance of 315 feet to the Southwest center of a parcel of land described in Official Records Book 209, Page 451, Public Records of Okeechobee County, Florida; thence run East, along the South boundary line of said parcel of land described in the Official Records Book 209, Page 451, for a distance of 365 feet, more or less, to the Point of Beginning. Being the same property described in those certain instruments recorded in Official Records Book 209, Page 451; Official Records Book 224, Page 733 Serving; Fiorillo 1.:Jc11 t.WO. crtintrnts Situe 19!; Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R and Official Records Book 239, Page 1391, all being in the Public Records of Okeechobee County, Florida. LESS AND EXCEPT that property subject to the Order of Taking in favor of Florida Power and Light Company recorded in Official Records Book 391, Page 1874, of the Public Records of Okeechobee County, FL Request' The matter before the Local Planning Agency and City Council is an application to rezone a 2.565 acre property located at 100 SE 10th Avenue from RMH to CHV. The property is concurrently being considered for an amendment to the Future Land Use Map from Single - Family Residential to Commercial. The property is and has been occupied by a Mobile Home Park for many years. The owner is requesting this rezoning to allow the property to be developed in commercial use. While the specific mix and scale of uses has not as yet been determined, this application envisions the possibility of some mix of retail and a restaurant. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification Zoning District Existing Land Use East: Future Land Use Map Classification Zoning District Existing Land Use: South: Future Land Use Map Classification Zoning District Existing Land Use West: Future Land Use Map Classification Zoning District: Existing Land Use: SVIA uh not ida l.ok i ;I,t■'rr n,. -nts tiisl+.c 19Ktt Commercial CHV Vacant Commercial CHV and RMF U. S. Post Office Single- Family Residential RMH Mobile Home Park Commercial CHV Shopping Center Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R 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 Appli- cant has provided comment to each of the required findings. These are repeated below. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The Future Land Use Map changed to Commercial is consistent with the zoning change requested, and will enhance and provide rehabilitation to the property with its highest and best use." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Plan Amendment to the City's Future Land Use Map (FLUM) to change the designation from Single - Family to Commercial. Staff has recommended approval of the requested change to the FLUM. Consequently, if the Small Plan Amendment is approved, the rezoning will be consistent with the Com- prehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "It is anticipated that its specific use will be as a retail establishment which may include a restaurant and as such, the proposed use is consistent with and authorized for the request for zoning." Staff Comment: We agree. 3. The proposed use will not have an adverse effect on the public interest. "The proposed use will not have an adverse effect on the public use in that the surrounding uses of the other properties are commercial in nature and the proposed use is consistent with the surrounding properties." Staff Comment: We agree. 5en'ist l'101 da L.xxul I, 01. e I'>'+fi Staff Report Applicant's Name: Carrol Word Rezoning Request Petition No. 14 -001 -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. "See answer to Question number 3." Staff Comment: The following assessment was provided in the Staff Report on the related Small Plan Amendment, and is equally valid with regard to the requested rezoning. The property to the immediate east is the Post Office and the land to the immediate west is a retail shopping center, both of which are compatible with an likely uses to be placed on the property under a Commercial Future Land Use designation. The property to the north is vacant but carries a Future Land use designation of Com- mercial and is zoned CHV. Commercial use is also certainly compatible with this property. The property to the immediate south is presently a mobile home park with about 20 single -wide mobile homes. The property is also within the commercial corridor and, as with the subject parcel, the current use could be expected to convert to a more intensive use in the future, and either a Multi - Family or Commercial Future Land Use designation would be appropriate. 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. "See answer to Question number 3." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land use would support the opinion that the proposed use(s) will not adversely affect property values or living conditions. The replacement of a noncon- forming mobile home park will act to improve the likelihood that property values will be beneficially affected and improve the potential for redevelopment of adjacent properties. 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 "The proposed use is consistent with the uses us the surrounding properties and any development will be consistent with the surrounding uses as it relates to any nuisance or possible hazard." Staff Comment: There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. The only area likely to require special buffering would be the mobile home park to the south. This will be addressed during the site plan review. Serving FloridI Lucsil i;a., rrmnenes Sirue 198ti Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities." Staff Comment: Rezoning to commercial and subsequent development of commercial uses will not involve residential density and therefore will have no impact density patterns in the City, except to eliminate the current potential for residential use on the property. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Since the use will be consistent with the surrounding uses there is no expectation in any increase in any public facilities." Staff Comment: The following analysis of the likely impact upon public facilities was included in the Staff Report on the related Small Plan Amendment, and is equally valid with regard to the requested rezoning. Potable Water and Wastewater The Applicant has provided a letter from the Okeechobee Utility Authority (OUA) confirming that the Authority serves the property with both water and sewer. While some level of commercial development can certainly be served by the current water and sewer facilities available to the site, because the type and intensity of the uses to be developed on the parcel have not been determined, concurrency for full development of property cannot be guaranteed. When a site plan is submitted for review it will only be approved if OUA has the capacity to provide the needed level of water and sewer services. Roadways The City's adopted level of service standard (LOSS) for SR 70 and US 441/SR 7 is "C" and for local roads is "D ". Based on traffic analyses for nearby commercial development approved in recent years, it would appear that the level of traffic generated by development of the subject property is likely to impact both SR 70 and US 441/SR 7 to only a minor degree, perhaps as little as 5% of the traffic volume associated with level of service "C" for these roadways. SR 70, and US 441 south of SR 70 are presently operating at LOS "F ", the lowest LOS rating and far below the adopted LOSS of "C ". While the additional traffic gen- erated onto these roadways by the proposed project may be insignificant, the Applicant will need to provide a traffic impact analysis at the time of site plan review. This analysis should also include impacts on SE 10th Avenue. The results of these impact analyses may result in limitations on the intensity of development on the site. Serving Flo: ;in ern won. Sint, POS.'S Staff Report Rezoning Request Applicant's Name: Carrot Word Petition No. 14 -001 -R Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Since the proposed uses are commercial and the prior long standing and current use was and is as a mobile home park, there will logically be no school children residing on the property and therefore a reduced impact upon school enrollment associated with use of this property. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "There is no knowledge of any restrictions that inherently burden the property." Staff Comment: We are unaware of any unnecessary restrictions that inordinately burdened the property. Recommendation If the City approves the requested amendment to change the Future Land Use Category of the subject property from Single - Family Residential to Commercial, Staff recom- mends approval of the rezoning to CHV. Submitted by: Wm. F. Brisson, AICP March 6, 2014 Planning Board Hearing: March 20, 2014 Council Hearing (1st reading): April 1, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses Letter from Okeechobee Utility Authority S4'71ing tkorida I& . ic)K8 Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS w (1) 1 E 4th St. .1 St. 7 s B. I COMPREHENSIVE PLAN LAND USE 3iN3LE - FAMILY MULTI - FAMILY COMMERCIAL INDIJSTRIAL PUBLIC FACILITIES RESIOF.NITLAL MIXED 1.1:31E Serving i ida tinvernments Since 1988 SE 6th St Subject Property 7 Staff Report Rezoning Request Applicant's Name: Carrot Word Petition No. 14 -001 -R ZONING SUBJECT SITE AND ENVIRONS ZONING CEO - COMM BUSINESS DISTRICT CHV - HEAVY COMMERCIAL LT - LIGHT COMMERCIAL CPO - COMM PROFESSIONALOFFIC= H - HOLDING INC - INDUSTRIAL PUB - PUBLIC FACILITIES PU D -M I ?:EO PU D -R 4 RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY i2I Serving Florida Loral Governments Since 1988 Subject Property 8 Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14 -001 -R SUBJECT SITE AND ENVIRONS 3/6„ Serving Florida Local ri; ernments Since 19tifi 9 Staff Report Rezoning Request Applicant's Name: Carrol Word Petition No. 14-001-R OKEECHOBEE UTILITY AUTHORITY -100 SW 5th Avenue Okeechobee, Florida 34974-4221 January 30, 2014 RE: Address: 100 SE 10'f Avemx Parcel /1): 2-22-37-35-0AM-00011 -0000-12 To Whom it May Concern (863) 763-9460 FAX: (863) 763-9036 This letter will serve to verify that the OKEECHOBEE UTILITY AUTHORITY (WA), services the above-referenced property with both water and sewer service. Thc mobile homes within the property are not individually metered but are serviced through a 2" master meter servicing the entire parcel. Please let me know should you have questions or require additional information. Sincerely, 1.9)10-Y1 1 Lyn Lowe Office Manager, OIJA Serl ing t ertments tiint 1()SS 10