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2016-05-1964 CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR MAY 19, 2016 AGENDA I. CALL TO ORDER — Chairperson. Regular Meeting, May 19, 2016, 6:00 P.M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. AGENDA — Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the January 21, 2016, regular meeting. PAGE 1 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover called the May 19, 2016, regular meeting to order at 6:02 P.M. Board Secretary Burnette called the roll: Present Present Present Present Present Absent (with consent) Absent (with consent) Present (moved to voting position) Present (moved to voting position) Absent (with consent) Present Present 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. Member Brass moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of January 21, 2016; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - ABSENT MCCREARY- ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. AGENDA V. OPEN PUBLIC HEARING — Chairperson. A. Application No. 16- 001 -AC, Abandonment of Right -of -Way to abandon a portion of the 20 -foot wide alley, running East to West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or Designee /Agent — Steven Dobbs /Jennifer Williamson. 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 recommendation to the City Council to approve or deny the application with /without special conditions. MAY 19, 2016 — PLANNING BOARD - PAGE 2 OF 7 65 ACTION - DISCUSSION — VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Abandonment of Right -of -Way Application No. 16- 001 -AC, to abandon a portion, of the 20 -foot wide alley, running East to West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public records of Okeechobee County, Florida. Chairperson Hoover yielded the floor to Planner Brisson, who explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20- foot -wide by 370 -feet alleyway. The property is developed with two warehouse buildings, paved parking and driveways. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of the vehicular circulation around the two warehouses. The Application was heard at the April 21, 2016, Technical Review Committee Meeting and a recommendation for approval to the Planning Board was made. In addition, Planning Staff is recommending approval based on the following responses to the required findings: the abandonment is consistent with the City's Comprehensive Plan; the property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category; the alley right -of -way is not the sole access to the property as all properties abutting the alley right -of -way have access from Northeast 9th Street. The public benefits associated with the abandonment are, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase, and no location of any utility would be jeopardized by the proposed vacation. Mr. Steve Dobbs was present to respond to questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. Member McCoy disclosed he had spoken to Mr. Dobbs and Ms. Faye Haverlock, in regards to the warehouse buildings and the potential use on the parcel. Motion and a second offered by Members Baughman and Keefe to recommend approval to the City Council for Application 16- 001 -AC, Abandonment of Right -of -Way to abandon a portion of the 20 -foot wide alley, running East to West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, based on findings and noted above by Planning Staff. 66 AGENDA V. PUBLIC HEARING ITEM CONTINUED. A.5. b) Board discussion for Application No. 16- 001 -AC continued. c) Vote on motion. B. Application No. 16- 001 -SSA, Comprehensive Plan Future Land Use Map classification change from Single Family to Industrial for Lots 1 through 18, and the West half of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court (Exhibit 2). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent — Jeremy LaRue. MAY 19, 2016 — PLANNING BOARD - PAGE 3 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - ABSENT MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 19, 2016, 6 pm. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 16- 001 -SSA, is being requested by the applicant, Mr. Jeremy LaRue, on behalf of the property owners, Dennis and Linda Wilson, to change the classification from Single Family to Industrial for Lots 1 through 18, and the West half of Lot 19, of Block 13, Northwest Addition, Plat Book 1, Page 25, containing approximately 2.25 acres and located at 1000 Northwest 7th Court. Chairperson Hoover yielded the floor to Planner Brisson who reviewed the application, noting a correction to the maps included within the Planning Staff Report. The maps incorrectly indicate the application is for the entire Block 13. They should exclude the East half of Lot 19 and all of Lot 20. A petition for a rezoning to Industrial has been submitted as well. Should the Board recommend approval for this application, the only recommendation for the rezoning petition would be the same. He recommends for approval, based on the findings within the Planning Staff Report. Member McCoy inquired whether the property owner of Lot 20 and the East half of 19 was contacted when this application was received. Planner Brisson explained generally that is not the policy, each property owner submits individual applications. Secretary Burnette added, the property owner, Mr. Stephen Moore, called her on Tuesday, May 17, 2016, to inquire as to whether he could include his property with Mr. LaRue's application. The City's procedures do not allow an application's legal description to be modified once it's been advertised. He advised he would follow up with submitting his own applications. He further commented he had no concerns with the changes Mr. LaRue was requesting. In addition, Mr. Brisson noted the possibility of wetlands on the property and for the owner to verify this. Mr. LaRue was present and responded to Mr. Brisson's comment regarding the possibility of wetlands. The prior owner has incomplete site work on the property. He further commented he too had spoken to Mr. Moore, offering to purchase his property. AGENDA V. PUBLIC HEARING ITEM CONTINUED. B. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary for Application No. 16 -001 -SSA continued. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the application with /without special conditions. MAY 19, 2016— PLANNING BOARD - PAGE 4 OF 7 67 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staff's findings are as follows: Due to the requested Industrial land use classification, and the property being adjacent to the railroad, even though some of the properties to the immediate west and south are designated residential, 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. It would not be unreasonable to expect in the future to have a more intensive use than residential on these surrounding residential properties. Access to the subject property would be best provided by Northwest 10th Avenue, which is presently unimproved. This then would ensure Northwest 7th Court would remain a primarily residential roadway reducing the noise and traffic impacts from tow trucks coming to and from the property. Regarding adequacy of public facilities, it is highly unlikely that the subject parcel would be developed at the maximum intensity, more likely a single -story industrial use of about 25,000 square feet. Thereby only using a minute share of potable water and wastewater capacity available from the Okeechobee Utility Authority facility. No significant increase in traffic volume is expected upon the local roadways. Regarding solid waste, the County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other more intensive developments in the City. The proposed development will be required to meet all drainage standards required by the City of Okeechobee and the South Florida Water Management District. The applicant has provided no information as to the presence of environmentally sensitive areas on the site. However, prior to development or use of the site, it may be necessary for the applicant to provide documentation or professional opinion to this effect that there are no environmentally sensitive areas, valuable habitat or other physical attributes on site that would limit development as a result of environmental concerns. The application is found to be compatible with adjacent and nearby land uses which are, to the North, property adjacent to the railroad, to the East, the existing use is Industrial in nature with an Industrial Future Land Use and Zoning classification. To the South, are single family homes and some vacant lots with a Single Family Future Land Use and Residential Single Family -One Zoning classifications. To the West, are also single family homes with Single Family Future Land Use and Residential Single Family -One Zoning classifications. 68 AGENDA V. PUBLIC HEARING ITEM CONTINUED. B.5. a) Consideration of a recommendation to the City Council to approve or deny the application with /without special conditions for Application No. 16- 001 -SSA continued. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: C. Petition No. 16-001-R, submitted by applicant, Jeremy LaRue requesting to rezone from Holding to Industrial for Lots 1 through 18, inclusive and the West half of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16 -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 — Jeremy LaRue. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. MAY 19, 2016 — PLANNING BOARD - PAGE 5 OF 7 ACTION - DISCUSSION - VOTE Motion and a second offered by Members Baughman and Keefe to recommend approval to the City Council for Application No. 16- 001 -SSA, Comprehensive Plan Future Land Use Map classification change from Single Family to Industrial for Lots 1 through 18, inclusive and the West half of Lot 19, of Block 13, Northwest Addition, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - ABSENT MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively June 21, 2016, 6 pm. Rezoning Petition No. 16- 001 -R, was submitted by Mr. Jeremy LaRue, on behalf of the property owners, Dennis and Linda Wilson, requesting to rezone from Holding to Industrial, Lots 1 through 18, inclusive and the West half of Lot 19, of Block 13, Northwest Addition, Plat Book 1, Page 25, Public Records of Okeechobee County, containing approximately 2.25 acres and located at 1000 Northwest 7th Court. This petition is for the same property as the item previously considered and recommended by the Board. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responding affirmatively, and stated their name and addresses for the record. Mr. Bill Brisson, Senior Planner LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, and Mr. Jeremy LaRue, Post Office Box 147, Okeechobee, Florida. Planner Brisson reviewed the petition and his recommendation for approval, based on the findings within the Planning Staff Report. The property is currently vacant and the applicant plans to use the property for outdoor storage of vehicles in association with his towing business. Mr. LaRue was present to respond to questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 21 surrounding property owners. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C.5. Disclosure of Ex -Parte Communications by the Board for Petition No. 16 -001 -R continued. 6. a) Consideration of a recommendation to the City Council to approve or deny the petition with /without special conditions. b) Board discussion. MAY 19, 2016— PLANNING BOARD - PAGE 6 OF 7 69 Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staffs 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. 16- 001 -SSA be adopted. The City's Land Development Regulations do not specifically identify outdoor vehicle storage or the operation of a vehicle towing business as a permitted use in the Industrial Zoning District however, it has been interpreted as qualifying as outdoor sales and storage, building contractor which is listed as a permitted use. The proposed use will not have an adverse effect on the public interest as the subject property is suitably located for an industrial use and its size is adequate to provide for appropriate buffering and screening from nearby residential uses. Given the subject property's adjacency to the railroad and ability to buffer its effects upon adjacent residential properties, the proposed rezoned is reasonably compatible with surrounding land uses and is not contrary or detrimental to the urbanizing land use pattern. To the North, is property adjacent to the railroad; to the East, the existing use is Industrial in nature with an Industrial Future Land Use and Zoning classification; to the South are single family homes and some vacant lots with a Single Family Future Land Use and Residential Single Family -One Zoning classifications; to the West are also single family homes with Single Family Future Land Use and Residential Single Family -One Zoning classifications. The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. Planner Brisson suggests access to the property be provided by Northwest 10th Avenue, which presently is unimproved, rather than by way of Northwest 7th Court. This would ensure 7th Court remains primarily a residential roadway and the potential for noise and traffic impacts from tow trucks coming back and forth will be reduced. The proposed use 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. The proposed use has not been inordinately burdened by any unnecessary restrictions. Motion and a second offered by Members Brass and Baughman to recommend approval to the City Council for Petition No. 16- 001 -R, submitted by applicant, Jeremy LaRue requesting to rezone from Holding to Industrial for Lots 1 through 18, inclusive and the West half of Lot 19, of Block 13, Northwest Addition, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court. Chairperson Hoover asked whether there was any further discussion. There was none. 70 AGENDA PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C.6. c) Vote on motion to consider a motion to recommend to the City Council to approve or deny Petition No. 16 -001 -R continued. CLOSE PUBLIC HEARING — Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he /she may need to insure that a verbatim record of the proceeding 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: NA iiumbaez Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson MAY 19, 2016 — PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE VOTE HOOVER - YEA MCCOY - YEA JONASSAINT — ABSENT MCCREARY — ABSENT The recommendation will be forwarded to the 2016, 6 pm. BATTON — YEA KEEFE — YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - YEA MOTION CARRIED. City Council for consideration at a Public Hearing, tentatively July 19, CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 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 6:49 p.m. 41120144 -Page 1 of i City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3' Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes May 19, 2016 1. Call To Order - Chairperson: Chair Hoover called the May 19, 2016, Regular Meeting to order at CD: Da p.m. 11. Chairperson, Board Member Staff Attendance - Secretary. 111. Agenda - Chairperson. A. Chair iNp ( asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. )0nC IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the January 21, 2016, regular meeting; seconded by Board Member CCoy Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover Vice Chairperson McCoy V. Board Member Batton Board Member Baughman Board Member Brass ✓ Board Member Jonassaint ✓ �' Board Member McCreary ✓ 44t Alternate Board Member Keefe foekki \-4,, ✓ Alternate Board Member O'Brien ?'OS� \ ✓ Planning Consultant Brisson, Senior Planner ✓ Board Attorney Cook Board Secretary Burnette ✓ 111. Agenda - Chairperson. A. Chair iNp ( asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. )0nC IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the January 21, 2016, regular meeting; seconded by Board Member CCoy Discussion: 44120144 Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY ✓ BATTON BAUGHMAN ✓ BRASS ✓ JONASSAINT McCREARY KEEFE ■ O'BRIEN RFSIJI TS: CARRIFD f1FNIFD V. CHAIR 400Y PENED THE PUBLIC HEARING AT LD : D P.M. A. Application No. 16- 001 -AC, Abandonment of Right -of -Way to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida (Exhibit 1). 1. Hear from Planning Staff. has me:1- n1 -+►. C JiC cow) ()WAS a ppfbVet1S. * Pa Plainer recom,ta/1ls ap pro✓al -1M201*4 Page 3 of V. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee /agent - Steven Dobbs /Jennifer Williamson. MeCo -y _ Who ouO (ls btLLtk. 4 hcu't_ D LoD4iL upl r gios-h gin, about- LJ WL 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. -t1t26/14 Page 4 of V. PUBLIC HEARING ITEM CONTINUED. 4. Disclosure of Ex -Parte Communications by the Board. !/McCoy - — 145 y- favm- tUCk( -two k Idgs �Oo+en het. 5. a) Consideration of a recommendation to the City Council to approve or deny application with /without special conditions. Motion and a second offered by'8Ct --- lai and to recommend : .royal /. -nial to the City Council for application 16- 001 -AC, Abandonment of Right -of -Way to abandon a portion of the 20 -foot wise alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, s: no 5 p.ectai coed z:hci, b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN 'V BRASS 'f JONASSAINT McCREARY KEEFE ✓ O'BRIEN l ‘.7 RFSIJLTS: r, CARRIFD1 DFNIFD -14#20f44 Page 5 of V. PUBLIC HEARING ITEM CONTINUED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 19, 2016, 6 pm. B. Application No. 16- 001 -SSA, Comprehensive Plan Future Land Use Map classification change from Single Family to Industrial for Lots 1 through 18, inclusive and the West 1/2 of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court (Exhibit 2). 1. Hear from Planning Staff. Math, Correef p j a pP .) CdMmenoag p avad- �. SSA Or rezo�r'^9 Sr h,a-s f Co rats. 600-1- nc(u. -d r n�, �° ctkr ufe p � ro d f f' Yae o Qfaotsa hchRfa+ (w1 t4G`re,) ,e_(,t had q l,1 a is Can on Lk- Z,bnt 1-0 Inc l- etcc.,l eco n'me floc Ncevy r (-0h-t. (mss n'+ Plopephi o>ov►c.r of 5E ezwrx &Ince chary_ J4.'7 v t.. + sanw- -rL u 7 5(10/4) 4) 141.20411--Page 6 of V PUBLIC HEARING ITEM CONTINUED. env' ( O fl (vi2,n f 0-e c? L 3atron - Goa-x O kOrui is res pon s r b 1'iL +6 C. ck_. -I-0 see._ r 0-11}L e_ t )Q s ,sa-)n £-) a- taxtat 67L- Pm Bholo_fi - Cau "tint IT pro eitAA-1--Nnt..s kt,,ct dD dD d L2 knd C MctC on qih-e- v► ram eneefiva-8 2. Hear from the Property Owner or designee /agent - Jeremy LaRue. LcuRuk -- (YiGi►1 alouoLt_ vti teas p Cut Lip 7tm't Pit/ vc acs wry" 5 (01 f,u- -. p_poKL. 4-b rth irckr, r)k- Phi t,,)k 0-100 r,0000 -t-o b u-4 - 511`)(/ .4.4# Ott4-Page 7 of V. PUBLIC HEARING ITEM CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5/ig1I&, 4442+204-Page 8 of J o� V. PUBLIC HEARING ITEM CONTINUED. 4. Disclosure of Ex -Parte Communications by the Board. (L-Q_ 5. a) Consideration of a recommendation to the City Council to approve or deny application with /without special conditions. Motion and a second offered by 8 a tt q l ld to recommen approva enial to the City Council for Application No. 16- 001 -SSA, Comprehensive Plan Future Land Use Map classification change from Single Family to Industrial for Lots 1 through 18, inclusive and the West 1/2 of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court, with the following conditions: no c6nd,thots b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY t/ BATTON BAUGHMAN BRASS / (/ JONASSAINT McCREARY KEEFE O'BRIEN RFSIJI TS. ) CARRIFD ) DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively June 21, 2016, 6 pm. 5/4 4, 44!20! age 9 of V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM C. Petition No. 16 -001 -R submitted by applicant, Jeremy LaRue requesting to rezone from Holding to Industrial for Lots 1 through 18, inclusive and the West 1/2 of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16 -001 -R will be required to take an oath, respond, and give your full name and address). Sprern (AR« Q -- acLcQ,+ is S 2. Hear from Planning Staff. fiteCtAit MIL Sainf OS p(e,✓LO- applkauhlk, S ho w( ate- Outdoor Yauuk S -to bk-' r L7 rr5 j as a ReAnAmAcpt, xs,t 1► i -►vim houi MOAN, S'dee 0\t— Ckt)/`-14_ skobact. tenet YO-00-0-4 CIO PO 1- 442O04—Page 10 of V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or designee /agent - Jeremy LaRue. rOntfiq 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. hailfr9 5. Disclosure of Ex -Parte Communications by the Board. rt-frhill 6. a) Consideration of a recommendation to the City Council to approve or deny petition with /without speeiat conditions. Motion and a second offered by `S and to recommend pro I /denial to the City Council for Petition No. 16 -001 -R submitted by applicant, Jeremy LaRue requesting to rezone from Holding to Industrial for Lots 1 through 18, inclusive and the West 1/2 of Lot 19, Block 13, Northwest Addition to Okeechobee, Plat Book 1, Page 25, Public Records of Okeechobee County, Florida, containing approximately 2.25 acres and located at 1000 Northwest 7th Court, with the following conditions: b) Board discussion. •19114- Page 11 of V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON `./ BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFSIJI TS. CARRIFD DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 19, 2016, 6 pm. CLOSE PUBLIC HEARING - Chairperson. (40 Lt2 VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. 5(1611!4, -44420#4 Page 12 of VII. ADJOURN - Chairperson. INDEPENDENT NEWSMEDIA INC. USA Okeech..` ew ih, 107 SW 17t eet, SAT% Okeechob:e, lort497 863 x-63- 3134 6 4716, STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and bscribed n day of Katrina Elsken Notary Public, State of Florida at Large • ANGIE BRIDGES MY COMMISSION # FF 978149 EXPIRES: ApdI 20, 2020 Bonded Thru Notary Public Underwriters AD PUBLIC NOTICE CITY PLANNING BOARD MEETING NOTICE IS HERESY GIVEN that the Gty of Okeechobee Planning Board (P8) will conduct a regular meeting on Thur., May 19, 2016 at 6 PM, or as soon thereafter as possible, at Cty Hall, 55 SE 3rd Ave, Rm 200, Okee- chobee, FL As the Local Planning Agency, the Planning Board may consider offering a recommendation on any proposed amendments to the current Land Development Regulations submitted by Gty Staff, Board Members, or citizens. The public Is invited and encouraged to attend. The agenda may be ob- tained from yrvnv.dtvofokeedrobee.tom or by calling the General Services 006ce, 863- 763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any derision made by the P8 with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record indudes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to partidpate 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, pldure, video or items to the P8 In support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided ID the Board Secretary for the City's records. 475899 ONN 5/13 /20 6 Hoover 1IDEPENDENT NEWSMEDIA INC. USA Okeechob 107 SW 17th Okeechobe 863 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 in the matter of 4.4J47) in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 51( ft( fQf6, Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and.subscribed / / day of Katrina Elsken Notary Public, State of Florida at Large AD ANGIE BRIDGES MY COMMISSION # FF 978149 EXPIRES: Aprn 20, 2020 Bonded T1uu Notary Public Underwriters PUBLIC NOTICE ° .RIGHT -OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeedrobee Planning Board on-Thur., May 19, 2016, 6 PM or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Avenue, Coun- di Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Abandonment of Right-Of -Way Petition No. 16- 001 -AC, submitted by .the property owners, Charles H. Paschal and Frank DeCario. Petition No. 16-001 -AC requests to vacate the 15 foot wide al_leyrunning East to West between Lots 1 -7 and 20-26 of Br6WM,"Gt oiOkeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing ap- proximately 0.17 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The pubic is encour- aged to attend. The Planning Board will offer a recommendation m the Oty Council, tenta- tively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19,2016, 6 PM. 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 and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to r- tidpate 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 agenda, a copy of the document, picture video, or Bern must be provided to the Board Secretary for the Gty's records. BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16- 001-AC 475872 ON 5/1,11/2016 • INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 in the matter of (Vtl in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (i t Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and bscribed efore me this day of di; ;.j/(Q Notary Public, State of Florida at Large Katrina Elsken AD 1°,, ANGIE BRIDGES MY COMMISSION # FF 976149 i' .. '. w EXPIRES:April20, 2020 ',4'4.440,:•• Bonded lbw Notary Public Underwriters Okeechobee 107 SW 17th S Okeechobee, 863 -7 2 uite D 1 °7( Ida 34% 1 �i �A r IV�� 1= 1 N CORRECTED PUBLIC NOTICE RIGHT OFWAYABANDONMENT - NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as soon thereafter as possible, at OtyHall, 55 SE 3rd Avenue, Coun- cil Chambers, Rm 200, Okeechobee, Fl, to consider and receive input on Abandonment of Right - Of-Way Petition No. 16- 001 -AC, submitted by the property owners, Charles H. Paschal and Frank DeCarlo. Petition No. 16- 001 -AC requests to vacate the 20-foot wide alley running East to West between Lots 1 -7 and 20-26 of Bbck- M9;"Qfy bf'Okeechobee Plat Book 5, Page 5, Public Records, Okeechobee County, containing ap- proximately 0.17 aces. The hours,MMon Fri, may be PM, except for holidays. The puubblcals encour- aged to attend. The Planning Board will offer a recommendation to the Oty Council, tenta- tively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. 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 and evidence upon which the appeal will be based. In a I accor- dance with the Americans with Disabilities Act (ADA), any person . disability as defined by the ADA, that needs speaal accommodation to par - two business days proceeding, to proceeding, contad the General 63-Services �e no' later than 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 agenda, a copy of the document, picture, video, or item must be provided h tha. Mani Secretary for the Oty's records. ROD ayI u� UMOU}[ 11aM OQ L UP afonrnf nfr a INDEPENDENT NEWSMEDIA INC. USA Okeechob f brews ,pFCE�� 107 SW 17th S Beet, D Okeechobee, ' :rida 34974 3 201 863 -763 X3.134 2 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 ) in the matter of Ve-4-4.-44 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Gv� Katrina Elsken Sworn to and subscribed be#ore me this a / G AD / 1 day of Notary Public, State of Florida at Large ..-T &j /�.Imo,OUP ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:ApdI20,2020 Bonded Thru Notary Public Urtdorwriters PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND • USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee 'Planning Board, as the Local Planning Agency, on Thur. May 19, 2016,1 PM, or as soon thereafter as possible, at Oty Hall, 55 SSE 3rd Ave, Counal'Chambers, Rm 200, Okeechobee, FL, to consid- er and receive input on Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 16-001 -SSA, submitted by Mr. Jeremy La- Rue, on behalf of the property owners, Dennis and Unda Wilson. ` . Application No. 16-001 -SSA requests to change the Future.Land Use classifi- cation from Single Family (SF) to Industrial (IND) for the vacant property lo- cated at 1000 NW 7th Court . NORTHWEST indusive and the W1/2 of OKEECHOBEE, according to the Plat thereof, recorded In,Plat Book 1, Page 25, Public Records of Okee- chobee County, Florida, and is approximately 2.25 aces. The application may be Inspected at the address above during regular busi- t ness hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is en- couraged to attend. . A recommendation to approve or deny the Future Land Use Map Amend- ment will be forwarded to the Oty Council for consideration t0 adopt at a F- nal Public Hearing on June 21, 2016, 6 PM (tentative). 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 and evidence upon which the appeal will be based. In accor- dance with the Americans with 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 agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Gty's records. By: Zoning Administrator Marcos Monies De Oca, Application No. 16-001 -SSA 475874 ON.5/1,11/2016 INDEPENDENT NEWSMEDIA INC. USA Okeecho. ewsRfcE E 107 SW 17t eetA,e} te D Okeechobee Iorida '447$ 2015 863- 7a13134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 in the matter of L-gcty rn in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of TIC (6 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and scribed be day of Katrina Elsken Notary Public, State of Florida at Large r AD - • PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE I5 HEREBY, GIVEN that a QUASI - JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Planning Board on Thur., May 19, 2016, 6 PM, or as soon thereafter as possible, at Crty Hall 55 SE 3rd Avenue, Coundl Chambers, Rm 200, Okeechobee, FL, to consider and receive Input on Rezoning Petition No. 16-001 -R, submitted by Mr. Jeremy LaRue, on behalf of the property owners, Dennis and Linda Wilson. Petition No. 16-001 -R requests to rezone vacant property located at 1000 Northwest 7th Court, from Holding (H) to Industrial (IND). The proposed use is an outdoor storage lot for a towing yard. • Legal: Lots 1 through 18 Inclusive and the West of Lot 19, Blodc 13, NORTHWEST ADDmON TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25 Publk Records of Okeechobee County, Florida and Is approximately 2.25 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged to attend. • A Public Hearing for a rezoning petition Is handled as a''Qirasi- Judidar 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 dedslons. The recommendation wit be forwarded to the City Council, tentatively scheduled on June 21, 2016 (First Reading) and final adoption Public Hearing on July 19, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any derision 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 and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaal 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 agenda, a copy of the document, picture, video, or Rem must. be provided to the Board Secrets for BY: Zoning Administrator Marcos Montes De Oca, Petition No. 16 -001 -0 475873 ON 5/1,11/2016 (n 1— Z w 1- 0) Q M tG Q C, N O N IJ- CC W� CO m< U w Q CI i O o O C4 O m F= I0< w Z L Z z J w 0 Q CO CL 0 LL u.1 v, w w >- O�� J w W = • c/) Y } H O c3 LL. 0 >- 1- U Chairperson Hoover called the January 21, 2016, regular meeting to order at 6:00 P.M. 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N a CLOSE QUASI- JUDICIAL PUBLIC HEARING — Chairperson. 0 ET 0 0 F-13- v 0 0 Q 3 (n o 2 c o' D o,C ' D N * L • o v cn 0 r. m -o �. C 0 0 W o c) O Cv = m CL O , Z O c co O a (D C o m Qv (D -D 0 0' 0 rn 0 O cn m CHAIRPERSON HOOVER CLOSED THE QUASI- JUDICIAL PUBLIC HEARING AT 6:19 P.M. V3A - INIVSSVNO(' V3A • ) VRIOOW WN - N3IaB Q '03INNVO NOIlOW V3A-a3A0OH V3A - N011VB d31- NVWHonVB W cn (n -< a O --1 m Chairperson Hoover asked whether there was any further discussion. There was none. R 0-n� p CD O A W N C m CD p' ') m 0 a) 5- -O CO cn o —1 1— ---i 7 Q 0 0 7 CL Q (D 07 5 X. CCDD 7 CD co O 0 a) CZ 0 CD (D D la O _Q a) (n O CD o CD • ID -< 7 N CD < m CD O-a 0) O n 5. C Q en CD 0 C7_ o- L.U+- a) d 7 N CD CD CU CD c 0 O (S O O o (a N< -< O N O p c �.G CD • O Cn .-. a) CD 0. O 7r Q co 0 (1) p CD a) ._ . 0. — O CT 7 O p 3 -p O CD w N (S 0 z CD -=-h a)- p -0 CD p N < Q CD `< CD O 7- CD 7- N O Cfl ' a. p 0 C.J1 O 0 CO = �_ O CN,) O to CD 6 St CD O0 7 "O 0 D '-= N CD FA 0 -O CD C 0. 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Q O (T JANUARY 21, 2016 — PLANNING BOARD - PAGE 5 OF 5 ACTION DISCUSSION - VOTE N is CD 4) E a) L O C 0 O 'O ct 0 0 0 0 N N d L 0 -o cri a) ca c O E a) `o c 0 0 .N U U) O C O) C N L I— d w 0 CD "0 N 4) O a) ' .O 0 5 E. � O C N .N w -0 cll • cu d d O • E L m `) m Ti) co C O ~ U_ • O D O O_• 0 L O m d ` 3 0 ° n c a co as E nx m = .o m 0 3 > c o c m N L (7.., d co_ 'p -O w m a) C O m . u T L C 0 a• cio Ew • O t u'E5 0 ai N.. `=o^� a) Q 5 Q m m C 7,, -2 E a`"i 13 U a o r E m C C Z a) 0d, O 0 w O c0 c 0 to O D O m N Z C C m L 0 ix '3 a 3 Um F- O a) w m :� a) I- 0 a) a� m I- < a E Dawn T. Hoover, Chairperson Patty M. Burnette, Secretary N c CD CD n) a) 0 o 0 3 3 cD CD m v ci) ° c) _ _ o -o cc) - C/3 c < v con 0 0 c-D o ° 3 0_ CD st (D o c5 CD CD cD 5 a) (1.) 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O a) c s 0 (1) -, = = 3 3 CD a) �L7 CD CD 0 CD c—D (D cn CD CT 3 po o DJ o = 0. -- 0 0_ 0 r. 0 W SD a o 0 O 0 0 0 Fri c�D vi CD Q CD 0 n� 0 CO 0 O- 0— — a) 0 0_ 0 v CD o cD o CD CD CID 3 0 CI) o 3 0 (1) o 0_ OD cn- ° v up o-, CD D 0_ O. 0 0 0 CI) 0 N O_ O C cD 3 CD CD 0 a) Q 3 0- CD r 0 0 n 0 tulesseuor oe j aagwoj paeo8 0 0 0 a) a) 0 0. 0 0 ' 0 CD 51). 3 3 3 0' 0 0' cD -3 -3 -3 o n) -0m0 D m o0 CD CL) CO c0 co c0 c) : o i 0 � o 0 CD C 0 0 0 0 CD C) D m N 0 o 0 0 m w m 0 N --i -n T m v 0 Cn m CD CALL TO ORDER - Chairperson: May 19, 2016, Regular Meeting, 6 :00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. kb0 `91-02 `6I AVIN VON39V 1VID PLANNING BOARD AND BOARD OF ADJUSTMENT REGULAR MEET 3380H033N0 JO A1I3 MAY 19, 2016 - PB /BOA AGENDA - PAGE 2 OF 3 O _� J U _. ca o Q) a • >.. 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(B 0 U O U U a) O C O co c a) E 0 U 2 as O O c o 0 0 0 O m Vote on motion. .0 V M 4 cri The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively June 21, 2016, 6 pm. o 3 U .5 0 - L co a) p- a) a) C/) • S. c Y E3 O -a c O _0 CCI 2 O 0 .. § m o E a) O- L _ T O N O O a) c f c) ▪ L O EL2 10 o z c E > 2 c cri o a c Q (V - J i Q (s 1-: ) ° E ° 0 C N N p 0 • U > (Q (B = CC co m 00 O Y p 0 0 E c U _1 CO ▪ (B -C • >-* E ca U c T aoi a) • a ) F O '� ° p O .� a+ c �_ • 'O E ca O U U a) = O 2 (Q Q D W E N c cc,O •- c co E o = c _N o E O U c • U 0 .o c N 1` Q L O (6 co . = V 0 O c a- c 111 O O cL N .c •._ (B a) a) = (7 c Z "g ° c E o ° L • c O ( E NN O U (.6 Z cD co O c O c 'O M E (a ct U cn as m W • Z (v a_ < 2 2 if) U ~ O -0 Vote on motion. - co — U U c�i r i 4 Lri cc 0 N U The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 19, 2016, 6 pm. CLOSE PUBLIC HEARING - Chairperson. a a c cD 0 m CD Q m cD a, 4 a ) C./) 0 ▪ ° m O o Q- G") ° a s • CO m 0_ n--, o v m cb o 3 m O 0 ° C/) m p o- &) n a o Z cD Co fn n • 0 Q- 0 • Cr 0 0 0 • o a -0 0 0- • 0. F' oO -F o vm o CD ED ' • m o ° (0 0 ° DJ o • 0 0 ci; 0. o • 0 Q- "< cn 0. 0 CCD cD k • Cr) - • 0 a � o_ CD o Q 0 Lb cp Cr CD CO 0 -., 0. W <° ▪ c7 o a (D v 3 ° s. n ,CD C • C `'G 3 �• W Cll CD f'7 co -cs 0 q n o • a cD CD o' • m �' 0 o a, Co co • o 0_m 3a 30 0a �' CD • cu 6 cn m v z 0 o 0 a, o 0 ti- St (D 00 `� ° 3 CO S. m 0 `- m !y a, CD CD D w0- �� c,) vCD S z ▪ n n - v o 0 w p o W n 0 0 CO 3 ° o a ° N N 0 0 `� CD o o a) - - a o caD ti O o �. �Q o m 30 • 'o'er 0 cD o a) a) ° o v, o ca) 0 o a°, `" 0 Z o v 0 -. vo Q a, • ' v o . S: o CT • 02 a o' a o c o m o o - ti z a co ° a) 2- m m n a' v v o, o o a _ cn v,' 0 m m 0 o' aa oci o' D CD 0 0 3 c0 0 0 CD CD Z v 0 o a `o m a_ co ° •uosJeda!eg3 - N2lnorav m D � N o m N 0 cD 0_ 0_ 0 CD cD o _ 3 0 0_ 3 0 0 0 n co- r--- 0 0 0 0 0 3 cD 0 o' co 0 0 MAY 19, 2016 - PB /BOA AGENDA - PAGE 3 OF 3 PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863- 763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. 16 -col-R ) Application fee (non - refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional C consultant is hired to advise the city on the application, the applicant shall pay the actual , costs. Date Fee Paid: d - j-1 Lo Receipt No: L! D') C(` I TRC Meeting: Publication Date: q /15 (--I - , / -_ I �p Letters Mailed: NI/t) PB /BOA Meeting: Publication Dates: 5�1 t- 511 5-1(1- • , Letters Mailed: 57 LI I I Ls City Council 1st Reading: (p- c 1 -; LG CMR Letter E- mailed: / City Council Public Hearing: -, Publication Date: - ICI- I/9 Right -of -way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 - 763 -3154. Purpose of the Right -of -Way Abandonment: This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. PAGE 2 PETITION NO. 1(p-001- AC Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. 5 Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) X Site Plan of property after abandonment. (No larger than 11x 17) Survey Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) 4 Name of property owner(s): Charles H. Paschal and Frank DeCarlo I hereby The request. imprisonment Si ; Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal@central.com Owner(s) daytime phone(s): 772- 370 -5218 Fax: Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. 5 Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) X Site Plan of property after abandonment. (No larger than 11x 17) Survey Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) 4 Confirmation of Information Accuracy I hereby The request. imprisonment Si ; certify that the information contained in and /or attached with this petition is correct. information included in this petition is for use by the City of Okeechobee in processing my False or misleading information may be punishable by a fine of up to $500.00 and of up to 30 days and may result in the summary denial of this petition. A� - _ A C Frank DeCarlo / vla91� __10. � re Printed Name Date Signature Charles H. Paschal Printed Name Date PAGE 2 PETITION NO. I LQ -CO 1- fl C Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal @central. com Owner(s) daytime phone(s): 772 -370 -5218 Fax: Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. X List of all property owners within 300' of subject property (See Information Request X Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Survey X Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition 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 the summary denial of this petition. Frank DeCarlo Printed Name Date Charles H. Paschal Oc-f A Go , A0 /51 Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Proposed vacation is consistent with the Comprehensive Plan: This block is non - conforming due to the railroad right -of -way to the south, which have taken the southern portion of the south parcels in this block. The historic T alley as in the block to the north has been abandoned on the parcel to the immediate west of this parcel. With the abandonment to the west, this left a dead end alley on the parcel in question. This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. 2 ht ofway to bevacatedis not the sole access to any property.,; and the remaining:: access is not an;easement: This Alley is not an access to any parcel. The road right -of -way to the east where this alley ends is not developed, so this parcel does not provide access to any adjacent parcel. 3 Proposed vacation is in the public •interest andprovides a;benefitto the. City: ! 1 There is probably not discernable public interest served by abandoning this alley, however, this alley that realistically serves no purpose would be added back to the City's tax rolls, which is in the City's interest and benefit. 4 Proposed vacation would not jeopardize theaocation of any utility. There are currently no utilities located in this alley and with the abandonment of the western portion of this alley, access to utilities has been severed from any potential connection to utilities in the future. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and att, ch Sunbiz.com information) Signature of Property Owner Signature of Property Owner Frank DeCarlo Charles H. Paschal Printed Name Printed Name STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to me or who produced as identification and who did (did not) take oath. (Seal) (Notary Public signature) Commission No. (Name of Notary typed, printed or stamped) STATE OF Florida COUNTY OF d7tLuce The foregoing instrument was acknowledged before me this 2d0, 0C Faber /6 (date) b Y Charles H. Paschal who is personally known to me or who produced identification and who did (did not) take oath. Commission No. FFI LI rreito (Seal) JAMIE CHRISTEN GORE NOTARY PUBLIC STATE OF FLORIDA Comm# FF148896 Expires 8/7/2018 b�. —ere A ry Public . ure) as dam' aCh/viul(' m-e_, (Name of Notary typed, printed or amped) ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/VVe. Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) S'gnatllre of Property Owner Signature of Property Owner Frank DeCarlo Printed Name STATE OF Florida COUNTY OF Charles H. Paschal Printed Name The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to me r who produced as identification and who did (did not) take oath. (Seal) LORY A EDWARDS MY COMMISSION #FF015618 EXPIRES May 7, 2017 FloridallotaryService.com Public signature) Commission No. r44/` ( i8' ti -4- (_,)q r (Name of Notary typed, printed or stamped) • —•,, .bfrini.d For lawyers' Title Guaranty Fund, Orlando, Florida. ■ • This Mttnmlent was or:portd -Up arranky IN (STATU101Y.F01A1- SECTION 611.02 FS.) rATU esacW h7,O81DA Lusa SRL FOSTER Oo A r.l. wq iila)e 3lnbrnttxrr. • Mod. thin day of January- 19 77 , Naomi. MAX L. SMITE, Trustee ud=S an ureoorded Trust 24gremesit pursuant to.Secticn 689.071 Florida Statutes and deed reordpd in Offir4,iT Ascord Bodo 160, Page 863,'Public tbcords,- Cloredkobee County, Florida. ' of the County of dam$ , Stat. of • PI,ORII111 ,.grantor!„ and , JAMES B. KXQI1 and MALES 0. PASCHAL ' whoss post offset addms le of the County of OKEECIIOEEEE . Stale of , grantor. • ;Iiitnreartt). That soid gronior, for and inconsideration of the sum of $10.00 TIN AND R3/101 wean, and •oihia goad and valuable consideration to Said grantor In hand paid by said grantee, the receipt whereof is heftily • • acknockeigecl bas grfiyted, bargained and'1old to e• said yrants., and granites heirs and ouigns forever, the following . detcrillEFd :lanQ�•s:halerAving and bring in • Q ,Caonty, Florida, totals, U- t V • KU I-,, K tt7 ; 1 m " Icts 1 thru 7 inclusive, and the North 40 .feet of - cA W DM LL Lots 20 thrd 26, inclusive, Block 49, TOWN OF Cam, Jx •tL Jam. aoprding t0 the plat ttlareof recorded in Plat Book .1, • u-W p.. • U _, Page 10 of the lohlh• records of Cigaedcbee county,. Florida: W • IC O . o pal : 7,4 7: I -:.• .. -.., uOCiiMtN1AAY- SlAMY 1A.7.1,„ FLORIDA ,p a. tfy c'ii , ;' 368.401.' 1 sr I ti n v . ;rail; P6 li p o u..11 1431 II 35,30I_ • and said grantor does kreby fully warrant the title to told Iond, and wig defend the some against Ow lawful claims of all - persons whomsoever. • - ' "Grantor" and "grantee" an and for singular or plural. an contest nquiris. . - . 3n IiJitnraa iiitlrrvveyynffff. Grantor Ias hensma wt grantor's hand and tool tb. day and year Ent above written. $pgesnled and deli in. our pnwncer (S.oi) (Seal) (Sad) (Stan STATE OF COUNTY OF • 1. HEREBY CERTIFY shot on this day before me, an oHic.r duly qualified to toke ecknowledgm.nts, personally app.and HAX L. Stwni, Truatea as aforesaid , to me known, to be the person dnc,ib.d In and who e,.cv*d Ow foregoing instrument and ocknorkdgtd before n.. that M .secured Ih. tam.. - .. WITNESS, my Bond and oll'iciol.siol in tin County and Stan last oknsoi / dqy. January' o � � ..-"Ak rOdvnhs on ..p nh u .. KRtff1UlC TrATT OF ROtWBT VIM • ' MY COIgilSf*On fJ 1 OR. Z t110 • C 1RUR1eD NetUCeluN PG. uottWUntk • • • Notary Polak INDEXED & VERIFIED D)RECT IwJw.ECT • , 11. sr' Instrument Prepared By and Return to: Law Office of CASSELS & McCALL Post Office Box 968 Okeechobee, Florida 34973 (863) 763-3131 File No: 2176 6)I 1111111111111111111111111111111 1111111111111111111 1111 FILE HUM 2007004094 OR BK 00626 PG 0474 SHARON ROBERTSON/ CLERK DF CIRCUIT COURT OKEECHOBEE COUNTY/ FL RECORDED 03/19/2007 04:38 :49 PH RECORDING FEES 18.50 DEED DOC 350.00 RECORDED BY h Pinon Fes 0474 - 475; (2pas) (Recording Information Above) Parcel No: 3- 15- 37 -35- 0010 - 00490 -0010 - c oLi 3- 15- 37 -35- 0010- 00490 -0070 ()01fu 3- 15 -37 -35 -0010- 00490 -0020 !`c4 - 1puoci 3- 15- 37- 35- 0010 -007 0EtAIM DEED — aog rl S— ?Co` ^' THIS QUIT CLAIM DEED executed this day of December, 2006, by MARIAH LEA KIGHT, first party, to FRANK DeCARLO whose post office address is: 405 Southwest Second Street, Okeechobee, Florida 34974; second party. (Wherever used herein, the terms "first party" and "second parry" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: ALL OF LOTS 1 THROUGH 7 AND THE NORTH 40 FEET OF LOTS 20 THROUGH 26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SUBJECT TO restrictions, reservations and easements of record, if any. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the of: ,laI.1 1..4 P 1A Printed Name of Witness (2176- 70767.WPD] rVVA )(/‘.41- MA A LEA KIGHT Book626 /Page474 CFN #2007004094 Page 1 of 2 TNT_Su_vn n Ci r Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The fore oing instrument was acknowledged before me this c�lr day of December, 2006, by MARIAH LEA KI HT who is personally own to me, or o who has produced as identification. NOTA Y PUBLIC ii,kber14 IV 166 Print d Name of—Witness-My Commission Expires: NOTARY PURI IC-STATE OF FLORIDA Kimberly Bush '•,'iii Commission #DD564181 • Expires: JULY 31, 2010 IT IS HEREBY CERTIFIED THAT WE HAVni15AboroTir-IIS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED. [2176- 70767.WPD] Book626 /Page475 CFN #2007004094 Page 2 of 2 Prepared By and Return to John D. Cassels, Jr., Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: IIIII 1 IIIIIIIIIIIIiIlIII1I1MIIIIIIIIIIUIIIIII FILE NUM 2010010612 OR BK 00692 PG 0096 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 10/05/2010 03:58:06 PM AMT 10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY R Parrish Pss 0096 — 971 (2pss) PERSONAL REPRESENTATIVE'S DEED THIS PERSONAL REPRESENTATIVE'S DEED executed this day of September, 2010, by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, first party to FRANK DECARLO, a single man, whose post office address is 405 SW 2 "d Street, Okeechobee, Florida 34974, second party all of the right title, and interest in and to the real property located in OKEECHOBEE County, Florida. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE State of Florida, to wit: AN UNDIVIDED ONE -HALF INTEREST IN ALL OF LOTS 1 -7, AND THE NORTH 40 FEET OF LOTS 20 -26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) Being all of the estate's interest in said real property. This property is commercial and does not constitute the homestead of the first party. Subject to covenants, restrictions, easements of record and taxes for the current year, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. [4437- 85306.WPD] Book692 /Page96 CFN #2010010612 Page 1 of 2 Personal Representative's Deed Estate of James B. Kight to Frank Decarlo TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the presence of: w Printed name of WI • s ess STATE OF FLORIDA COUNTY OF OKEECHOBEE F Rep KIG ,z6Z CARLO, as Personal ive of the Estate ofJAMES B. ,deceased. The foregoing instrument was acknowledged before me this /, day of September, 10, by FRANK DECARLO, as Personal Representative of the Estate ofJAMES B. KIGHT, deceased, who is personally known to me or o who has produced as identifica on. 44 of Not' ' u. c� _ I t� w 0. l 1 . UVG Printed*yped/Stamped Name of Notary My commission expires: VIRGINIA S. WOOD • ° IAY COMMISSION • EE 0W928 EXPIRES: Auqust 14, 2014 ' � � ; . y . • Bonded 'Nu Nota y Public UndewKMers Scrivener's Note: This instrument was prepared from information provided to us by one or more of the parties hereto. We do not guarantee ownership, marketability of title, accuracy of the legal description or quantity of land described as we did not examine the title to the property involved. [4437- 85306.WPD1 Page 2 of 2 Book692 /Page97 CFN #2010010612 Page 2 of 2 ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee The undersigned, FLO -GAS CORPORATION, owns the following property: Lots 8, 9 and .10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; and does hereby consent by its execution below, to the closing of the alley and /or street described as follows: A portion of the 20 foot wide alley, running East and West through Block 49, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Said portion being bounded as follows: Bounded on the North by the South line of Lots 1 -7 of said Block 49; Bounded on the South by the North line of Lots 20 -26, of said Block 49; Bounded on the East by a line running from the Northeast corner of Lot 26 to the Southeast corner of Lot 1 of said Block 49; and Bounded on the West by a line running from the Northwest corner of Lot 20 to the Southwest corner of Lot 7 of said Block 49. Containing 0.17 acres more or less. FLO -GAS CORPORATION, a Florida corporation By: Print Nam As its: STATE OF FLORIDA COUNTY OF PALM BEACH The fore oing instrument wnowledged before me this 7" day of March, 2016, by ac e e/ as :d of FLO -GAS CORPORATION who is personally known to me or who produced PL. cam;, /•ems LJc ics as identification and who did (did not) take an oath. (Seal) DONNA MCRANNOLDS ;` Notary Public - State of Florida _• 4, • * » • = Commission # FF 239752 p.�;� My Comm. Expires Jun 27, 2019 % °T .oss Bonded through National Notary Assn. 608452946.1 otary Public signature) Commission No.: 6 Meirauwietcz (Notary name typed, printed or stamped) This instrument prepared by and return to: Brandon E. Kepple, Esq. BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, Florida 32801 (407) 649 -4000 Parcel ID No.: R 3- 15- 37 -35- 0010- 00490 -0080 Consideration: $70,000 SPECIAL WARRANTY DEED 1111111111111111111111111111111111111111 FILE NUM 2013001276 OR BK 00725 PG 1566 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 02/07/2013 11:40:49 AM AMT 70,000.00 RECORDING FEES $27.00 DEED DOC $490.00 RECORDED BY L Sham Pss 1566 - 1568; (3css) THIS SPECIAL WARRANTY DEED is made and given this 5th day of February, 2013, by GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation, whose mailing address is 804 N. Parrott Avenue, Okeechobee, Florida 34972 ( the "Grantor "), to FLO -GAS CORPORATION, a Florida corporation, whose mailing address is 909 Silver Lake Boulevard, Dover, Delaware 19904 (the "Grantee "). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor, in hand paid by the Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, State of Florida (the "Property"), more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. SUBJECT TO ad valorem taxes and assessments for the year 2013 and subsequent years, and all reservations, covenants, conditions, restrictions, and easements of record; if any, but this instrument shall not operate to reimpose the same. 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 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but none other. in.- ..,... cr_c ctl llrfn nnvi r]7G nr,... 4 - 7 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: ! y, ��Jilvf� l („2• -r.Q� AI • 1.1 QI.L t'l(C/. Signature of Witness Print Name: )d'c MCA( State of FLORIDA ) )ss. County of OKEECHOBEE ) "Grantor" GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation BY: 111161"-e-tt-Mp,t4L Monica Clark, President The foregoing instrument was acknowledged before me this yT day of February, 2013, by Monica Clark, as President of GLADES GAS COMPANY OF OKEECHOBEE, INC., A FLORIDA CORPORATION, on behalf of the corporation. She is personally known to me. (NOTARY S 044743, 000004, 601880000.1 2 cG7 iTc2,7 - Z. ee.,;/44 (Notary Printed Name) A a r7 My Commission No.: IS.?� 7 9 I / %t CsrA1417 /1 4 011(14 '17c EXHIBIT "A" PARCEL 1 (FEE SIMPLE ESTATE) Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. PARCEL 2 (LEASEHOLD ESTATE) Together with that portion of an alley lying in Block 49, City of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, as set forth in that certain Lease Agreement recorded September 24, 1980, in Official Records Book 237, Page 393, Public Records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly 142.50 feet to the Northeast corner of Lot 19; thence bear Northerly 20.00 feet to the Southeast corner of Lot 8; thence bear Westerly 142.50 feet to the Southwest corner of Lot 10; thence Southerly 20.00 feet to the Point of Beginning. 044743. 000004. 601880000.1 3 co ncn144-rin4 onn4 o-7r_ n�.,.- CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light f PI- 1-Act 5 no r� — c.- con --j -k1 �( v'.A1 863 - 467 -3721 or ---Imp u, L cT Y !Jo PdLe.Lr Donna Padgett L. .1. X t 54- A � -✓ 863 - 467 -3708 Authorized Signature 3 f- ptsp J-{- : (1 (> `7 - 3 -7 6 2 Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5w Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name &Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title 1�rn -AKA /L` 13vc h 8 A GehTccac�/l in, k Century Liiik 863,= 452=3'473 L/07 8/[.%— s 3/ Si you U le Tc/21/1. 3uChc t Vl i 19)..2 r14 uthorized Signature Phone No. uo/' '-) Date �� lJ ob iStfl UJCfoi i + S ?ucrhe — 'o7- i'i4/ -s'3/ LV' a ..25 •c oM, Date Typed Name & Title Phone No. Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date February 25, 2016 �QN CenturyLink- 33 North Main Street, Winter Garden, FL 34787 407 - 814 -5318 Victoria.bucher @centurylink.com LETTER OF NO OBJECTION Ms. Jennifer L. Williamson Crary Buchanan P.O. Drawer 24 Stuart, FL 34995 -0024 SUBJECT: PROPOSED VACATE OF THAT CERTAIN 20' WIDE ALLEY LYING BETWEEN LOTS 1 -7 AND THE NORTH 40' OF LOTS 20 -26, BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, AND IN PLAT BOOK 1, PAGE 10, ALL IN PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; PRN 763129 Dear Ms. Williamson: Please be advised that Embarq Florida, Inc. D/B/A CenturyLink ( "CenturyLink ") has no objection to the proposed vacate and abandonment of that certain 20' wide alley located at 204 NE 9th Street, Okeechobee, Florida and lying between Lots 1 -7 and the North 40' of Lots 20 -26, Block 49, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 and in Plat Book 1, Page 10, all in the Public Records of Okeechobee County, Florida. Said alley lies between those certain parcels having an Okeechobee County Tax Parcel Identification Number of 3- 15 -37 -35 -0010- 00490 -0010. The area proposed to be vacated is more particularly shown on the attached sketch. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria.bucher@centurylink.com. Sincere EMB /\'TI FLORIDA, INC., DB /A/ CENTURYLINK / 1". Vi toria S. Bucher, SR/W • , R/W -NAC, R/W -AMC Negotiator - Network Re. Estate C. P. Conrad, CenturyLink www.centurylink.com CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS; Deliver the petition and this form to the following Utility Companies for their comments. It Florida Power & Light P l_ {-{ S 06 • t. • o,-N -lb 863- 763.2824 _ � ' rEMILLMITNIMENT 863.467.3721 or 107 NW 71h Avenue Q •ra L t ■ a 1 a -C? (30uks - U. naQ� _. w -. J+-t St Pri• l ' Donna Padgett OR- 467.3708 n 0 YV. -t- t MC1 Authorized Signature 'doe - (&i- 31a °t 4a' s' Typed Name & Title Phone No. Date Century Link 863- 452 -3473 Tess Bentayou Less beptnyofacenturyJInk.conl Authorized Signature Typed Name'& Tide Phone No. Date Cornetist Cable .:uL • .y l.: t,t e • : +. ; 6., t � inn 863- 763.2824 _ � ' rEMILLMITNIMENT 107 NW 71h Avenue A Authorized ytrnn(►(re 4461 glwhi l sir . - $73 Ib Typed Ne & itle Phone No, Dot Okeechobee Utility Authority John Hayford 863- 763.9460 100 SW S+h Avenue Authorized Signature Typed Name & Title Phone No, *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS pate Hamrick Estate GI1 Culbroth, Ce- Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date C CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayoPcenturyli n k.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority (4 of aciCG /ogee- 4.715. /- 7 /Nor / of John Hayford /LQfs Zo - R/o c,, F9 863 - 763 -9460 / 100 SW 5th Avenue /1/d .06c C e45.- thorized S'gnat .7;4,7 9- r c ;• a Jf//e Are Typed Name & Title W.? -j'5f co Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate .3/7.6 Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863- 467 -3721 or Donna Padgett 863- 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 77-1�- /14- /-14.1e k % u.s T- I-I v / k ft rE Tess Bentayou / n-i t_ r sT //0 'Til--- /4/45714-347 A n eat tess.bentayoC@centurylink.com 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate E_ 77-1�- /14- /-14.1e k % u.s T- I-I v / k ft rE Gil Culbreth, Co- Trustee / n-i t_ r sT //0 'Til--- /4/45714-347 A n eat 863 - 763 -3154 / Authorized Signature 3- 743313- 2-/9 -/4 Typed Name &Title Phone No. Date OKEECC1•C8EE COUNTY PROPERTY APPRA SER "S ()FACE rIC /MAPPIAIr nPPIRTMPAIT W.C. "BILL" SHERMAN, PROPERTY APPRAISER eCario 100 FT Surrounding Properties Basemap Jam t�� a Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 9/25/2015 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 OMM4SIONS CONTAINED HEREON BooK 5 5 c. )1” L OXtriLo6cc Co. ZOOK 5 >c 11 KEECH " ST LUCIE 000NTY FLiAIDA, ... IR Jpg.t■ R4jc. gsr,,L Yc.le 1..011 cL • 111;00111111 Pie. • 11110 0 11:01111111i 1110110910110. 01:101 Nip! 1110.90 MIN 1110i101011 • 1000190000 000 iii00E900 101111(011111 MIA Y. rod WM NM 0■010.11 111 1011110! 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Paschal & Frank DeCarlo Petition No.: 16- 001 -AC Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Request The matter before the TRC is an application to vacate a portion of the platted but unim- proved 20 -foot wide alley running east and west through Block 49, more particularly describe in the legal description of the property. The portion of the alley to be vacated encompasses about 0.17 acres. General Information Owner Agent Site Address Contact Person Contact Phone Number Contact Email Address Charles H. Paschal and Frank DeCarlo 500 Coker Road East Fort Pierce, FL 34945 (772) 370 -5218 CPaschal @central.com Jennifer L. Williamson Crary Buchanan, Attorneys at Law 759 SW Federal Highway, Suite 106 Stuart, FL 34994 The alley, approximately 20 feet by 370 feet, located immediately south of lots 1 -7, Block 49 in the City of Okeechobee, which lots are owned by Charles H. Paschal and Frank DeCarlo. Jennifer L. Williamson (772) 287 -2600 Legal Description of Subject Property A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Characteristics of the Subject Property Existing Proposed Future Land Use Map Classification Industrial Industrial Zoning District Industrial Industrial Use of Property Vacant Vacant Acreage 0.17 acres (7,400 sf) 0.17 acres (7,400 sf) Description of the Subject Site and Surrounding Area The subject of the street vacation is a 20 by 370 -foot vacant, unimproved, alley right -of- way laying between the properties to the north and south owned by the Applicant. The unimproved alley runs from the platted right -of -way of NE 3rd Avenue and dead -ends at the eastern boundary of the Glades Gas property which fronts on US 441 and abuts the western boundary of the Applicant's properties and the alley. The parcel to the north contains two warehouse buildings occupying the western half of the property with the balance being vacant. These buildings are nonconforming with respect to the required rear setback because they abut up to the alley. The portion of the alley requested to be abandoned appears to be used as part of vehicular circulation around the two warehouse buildings. The property to the south of the alley, also owned by the Applicant is about 40 feet deep and 370 feet wide and abuts the CSX Railroad property immediately to the south. The following aerial photograph depicts the right -of- way proposed to be abandoned and the surrounding areas. 3 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Consistency with Sec. 78 -33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met: REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing in t/7e City's Comprehensive P /an concerning alleys The property /s designated /ndustria/ on the Future Land Use Map and will be used for purposes consistent with the /ndustria/ Future Land Use Category. Therefore, the vacation/ abandonment of the alley and its subsequent use will be consistent with City's Comprehensive P /an. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. The alley right -of -way is not the sole access to any property. All properties abutting this alley right-of- way have vehicular access afforded from NE cith Street. 3. Proposed vacation is in the public interest and provides a benefit to the City. The only public benefits associated with vacation of the subject alley right -of -way are that: a. After the vacation the alley property will be subject to ad valorem taxation, and b. it is possible that the taxab /e value of the overall tract of /and on which the industries/ use is located may increase by virtue of its increased utility and elimination of its nonconforming status. 4. Proposed vacation would not jeopardize the location of any utility. The Applicant Aas submitted signed Utility Company Authorization Forms and /or Consent Letter from FPL, CenturyLink, Comcast, OUA and the FLO -CrAS CORPORATION stating no objection to the proposed vacation /abandonment. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33. Submitted by: 4 Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management April 13, 2016 TRC Meeting: April 21, 2016 PB /BOA Meeting: May 19, 2016 City Council 1St Reading: June 21, 2016 City Council 2nd Reading and Public Hearing: July 19, 2016 Serving Florida Local Governments Since 1988 5 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, APRIL 21, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 2 I. CALL TO ORDER — Chairperson. The April 21, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Present Public Works Director David Allen - Absent (Public Works Operations Supervisor Robertson in attendance) Non - Voting Ex-Officio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held March 17, 2016, seconded by Chief Davis. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Application No. 16- 001 -AC, to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. Planning Staff Report: Planner Brisson explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20 -foot wide by 370 -feet alleyway. Within Block 49, Lots 1 to 3 and 24 to 26 are vacant. Warehouses are on Lots 4 to 7 with paved parking and driveways. Lots 20 to 23 contain a portion of the parking and driveway area. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of vehicular circulation around the two warehouses. TRC - April 21, 2016 - Page 2 of 2 V. NEW BUSINESS CONTINUED. Abandonment of Right -of -Way Application No. 16-001-AC continued. Planning Staffs responses to the required findings are the abandonment is consistent with the City's Comprehensive Plan. The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category. The alley right -of -way is not the sole access to the property as all properties abutting the alley right -of -way have access from Northeast 9th Street. The public benefits associated with the abandonment are, the alley property will be subject to ad valorem taxation and with the elimination of the nonconformity, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase. No location of any utility would be jeopardized by the proposed vacation. Planner Brisson is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: No issues were received. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Building Official Newell and Public Works Supervisor Robertson to recommend approval without conditions of Abandonment of Right -of -Way Application No. 16-001-AC, to the Planning Board, to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee 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 Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763-1686 Date: q -c5-4 L Petition No. lj.0_(0I -SSif Fee Paid: q u i_ $t}- ('k S'LC-1xj Jurisdiction: 'h ti Op_ 1st Hearing: I CLI 901/D 2"d Hearing: 711,6e iji,doi( (-fe Publication Dates! Notices Mailed: APPLICATION: FOR COMPREHENSIVE PLAN. AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: Si 00 le Min : f-In r' no 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/ /jO/ Date *Attach Notarized Letter of Owner's Authorization o./e atur orize epr PLe_A-e-- er or sentative* For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) APPLICANT /AGENT /OWNER INFORMATION. 13) y p-,06_- Applicant_ Address C)Kr=Fr,1E�C� City_ (0* 1 . — occ3 Telephone Number Fax Number State Zip 1- 4-) 6. ST DL S6 R. 071_c_E t-4OTo Pmc E -Mail Agent* Address City State Telephone Number Fax Number DENIATS PN Y )Tc -oNN t LtNthC) Owner(s) of Record H oa iNLo C-r- Zip E -Mail Address CNEEcA EE City CR03) 623 13 0 Telephone Number State N ©tic Fax Number 3Liqt-ia Zip NON E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) II: ' REQUESTED CHANGE (Please See Section V: Fee Schedule, ko IIL A. TYPE: (Check appropriate type) n Text Amendment Future Land Use Map (FLUM) Amendment B. SUMM ARY OF REQUEST (Brief explanation): ) To Gt s T'1- -r- Ft-Le -'4 PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting; development potential of propertyY A. PROPERTY LOCATION: , 1. Site Address:),1 CT cacc1ko f F- 3 (fq7k 2. Property ID #(s): 3 - -3`l -35 -01 (QC- -(7mot_ — 0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: Q, a S q C 'Lt- 2. Total Area included in Request: d.a 5 A C ILi a. In each Future Land Use (FLU) Category: S %-/6- c E . ,S f (1) (2) (3) (4) b. Total Uplands: 'J L L- c. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: 14 d L.. rt\ &- 4. Current FLU Category: b/4--- 5. Existing Land Use: N 0 £ 6. Requested FLU Category ...T400 S i RrA, D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU /Acre) Number of Units g--5> Commercial (sq. ft.) Industrial (sq. ft.) I U 1 o 1V.: "; AMENDMENT SUPPORT, DOCUMENTATION` At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. �1,f11. Wording of any proposed text changes. 2. _fitt A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. ✓5. Map showing existing zoning of the subject property and surrounding properties. / 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page4of7 Applicaton for Comprehensive Plan Amendment (6/09) V7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. /9. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared-by a professional transportation planner or transportation engineer. c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten -year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) ,3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are Usti affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. S3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the Genera Services Dept. at (863) - 763 -3372, Ext. 218 Page 6 of 7 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. 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 1, &..fl 1L S ` AY , 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 upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. iyv b'Vv Signature of O er or Authorized Agent Typed or Printed Name STATE OF FIog, d(U COUNTY OF Okeho haQ National /a1 The foregoing insq_uAl ent was c K ifiedand subscribed before m 20) ((,11y Op 11 S� i k , /.S6/1 wY or ho has produced identification. aDICQ Ayme, as M. THOMAS /Oca in - State of Florida Commission # FF 942560 Aires Mar 31, 2020 !/ DANA Notary Public Commis My Comm. Ex Bonded through al Notary Assn. tary Public apa i Acyno_c Printed Name of Notary Public Commission Expires on: rnIIZeh 3 / <A6U For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 7 of 7 Internal Consistency with City of Okeechobee Comprehensive Plan 1. The proposed affects the City of Okeechobee by the reduction of multifamily units if developed. The reduction of these 16.8 units does reduce the overall population by an assumed 16.8 x 3.5 people per household, to 59 people. The proposed usage however is to be industrial and have the ability to supply employment for residents. 2. The objectives for the proposed area would suit the railroad corridor and be consistent with both the adjacent zoning to the east and north. The industrial zoning also would be consistent with the existing uses in the area. 3. The change in zoning would be a more consistent use within the rail corridor of the City. The adjacent areas both developed and un- developed to the north and east are industrial. The usage and change appears to be consistent with the surrounding properties in both usage and zoning and FLUM. 4. A plan amendment is not requested; note only a FLUM change of use is requested. city of UKeecnobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF AT Name of Property Owner(s): DE/0/04- LTA DA Alp., v (A_LI: LSO !` J E iu-I 5 Q pi YJ _ 501 f Mailing Address: I I Q N p o ri ! ' CT CAEC(_ F{o- FL 3L 1 D. Home Telephone: Work: SOD-- (k3 t.1 -.-6,'J Cell: A r E Property Address: Parcel ID Number: 3 - 1 62. - -yl - .s- 01 (,r = 00 30— col 0 Name of Applicant: J ER E. y tif J A RUC Home Telephone: 265- (.0-Y.4 - -t"1' ..)(.6 Work: Cell: 3(1,3 - (QS t..... 11 o . 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 OP 20 . iiri-Ijitif ""./i/r • WITNESS I \ OWNER WITNESS 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 a 1 ov - • Id . , - - . - d the power of attorney fo he purpose stated therein. Sworn and subscri , - , If► . ay of 1 ,.r • 4AS i :: Y u •� --.1 ; Notary Publ' - State at Hon a - ,., Commission # FF 942560 Notary Public: L ' 10 SEAL •:�a,�d;:, through National Notary Assn. Bonded Commission Expir ..: j'Yt f ' h 3 i r� 0 2 0 (Rev 09/14) Roh' Page 5 of 11 Jeremy LaRue To Whom It May Concern: I wish to see that Jeremy LaRue be allowed to open a towing yard in this area (1102 NW 7th Court Okeechobee, FL 34972). I have known Jeremy LaRue on a personal level for many years and he is a good man. I have been doing business with him for the last 15 years and no matter what he has always done people right. It would be a great thing to have Jeremy LaRue further expand his business in our town of Okeechobee. Not only does Jeremy provide steady jobs for a large number of people in Okeechobee he also gives generousily to several local charities and youth organizations. Sincerely, Dennis Wilson 2 cf673 6311 3130 Page 1 TO WHOM IT MAY CONCERN: MY NAME IS DANA M. THOMAS. I OWN A SINGLE FAMILY HOME AT 704 NW 11TH AVENUE IN THE CITY OF OKEECHOBEE, WHERE I CURRENTLY RESIDE. I AM AWARE OF THE PLANS THAT JEREMY LARUE HAS TO TRY AND PUT A WRECKING YARD ON AN ADJACENT PROPERTY. I HAVE KNOWN MR. LARUE FOR 20+ YEARS. I KNOW HIM TO BE A LOCAL BUSINESS OWNER AND A PUBLIC SERVANT IN GOOD STANDING WITHIN THE COMMUNITY. AS SUCH, I AM NOT OPPOSED TO THE PROPOSAL TO CHANGE THE STATUS OF THE PROPERTY ADJACENT TO MINE ON NW 7TH CT TO INDUSTRIAL FOR THE PURPOSES OF PLACING A WRECKING YARD THERE. HE HAS MET WITH ME AND EXPLAINED THE CHANGES TO THE PROPERTY AND WE HAVE DISCUSSED ANY IMPACT IT MAY HAVE ON THE SURROUNDING PROPERTY OWNERS LIKE MYSELF. THANK YOU FOR CONSIDERATION IN THIS MATT M. THOMAS (863)634 -9524 /0724/d-- 3/31/16 To whom it may concern Our home address is 1011 NW 7th Court. We understand the North side of NW 7th Court between N.W. 10 & 11 Avenues is up for rezoning to Light Industrial. We were asked if we opposed this change in zoning or if we oppose Total Roadside Services, Jeremy Larue, doing business from the property. We do not oppose the change in zoning to Light Industrial or the business. If you have any questions contact us. Steve and Patricia Weeks 863 - 634 -9869 W E 10 11 4 72 15, City of Okeechobee Zoning Map 1 67 • as 05 16 •.^ ,•,,, /AA.; ' I' 60 7a7Am 19 20 99 22 : 21 100 101 98 • • • 11111 OM • 130 UMW 33 182 14 15 18 1 18 . • A 3 wow monsor,,.. '1. i'201 5. 9 12 13 17. 20 64 63 : 62 72 • it 61 60 59 • 58 74. C 75 57 '56 7 97 95 92 6, 104 105 106 170 '706 109 129 125 127 126 125 '24 122 70 ; 135 : 36 : 137 I '36 139 1 =2, IA* '717' 122 80 81 98 ; 87 t 88 1 85 84 ....„„, ill 112 113 5 01 01111111111111111111 176 ifr it _ I .411111111 , . . 610 • 189 ; 194 1B7 120 186 217 • 192 '44 199 218 219 NAM 197 195 .22 216. 215 214 D 220 221 F . . 231 • 1 J 25' 233 234 235 235 23/ 250 242 241 240 2.39 249 243 I: 244 245, ! 10 9 247 246 y 1 12 13 14 19 248 ZONING 0.141., 5. 201,..pes.ere owle toLhe Z:11:nr"401.7. P7=5:7 Pen on .01123 are rent.. neren corIngoartarovalor ectovvIvenen 0 20 5 a 15 3 6 1 13. .14; • 5 14 13 16 15 +, • ■ ..• I A 25 24 18 1: 17 . 9. 31 130: 20 1 m " 1 22 23 24 / 42 29 27 -25 36 27 43 44 26 46 45 30-31 38 39 47 46 1 36'35 " /I 42 • 33 1M • zoy 40 •• ' 45, 3 2 I 4 5 3 2 4 5 6 g 9 a 7 10 11 12 coo coo 0 0,125 0,25 0.5 0.75 Md General Notes. Alleys shown hereon are 15er 20 leet in See appropriate subdivision plat ler specific alley veldths. This map nas been compiled from Ma most current data evadable. The City ol Okeechobee is not responsible tor any errors or omissions contained herein. OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER OTAL ROADSIDE 100 FT Surrounding Prope Basemap Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 4/1/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 1111111111111111111111111111111111111111 FILE MUM 2015010666 OR BK 767 PG 1116 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 11/20/2015 1027:52 Ah ALIT $20,000.00 RECORDING FEES $18.50 DEED DOC $140.00 RECORDED BY M Pinon P9s 1116 — 1117; (2 P9s) [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 19th day of November , 2015 between Joe H. Baker, a married man and William Jason Tomilinson, a single man whose post office address is 2599 NW 16th Boulevard, Okeechobee, FL 34972, grantor, and Dennis R. Wilson and Linda M. Wilson, as joint tenants with the right of survivorship whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives. and assigns of individuals. and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($ 10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 1 through 18, inclusive and the W 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according 10 the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3- 16- 37- 35- 0160- 00130 -0010 Grantor Joe H. Baker warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida. This is vacant land.. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimea Book767 /Page1116 CFN #2015010666 Page 1 of 2 Signed, sealed and delivered in our presence: S? Witness Name: $7'E i- ecc f - mot- Ed warms ar State of Florida County of Okeechobee I) Joe H. Baker J illiam Jason Tomlinson (Seal) The foregoing instrument was acknowledged before me this I 'Td y of November, 2015 by Joe H. Baker and William Jason Tomlinson, who are personally known or [X] have produced a driver's license as identification. [Notary Seal] Heather Edwardson COMMISSION 1 FF125216 EXPIRES: May 21, 2018 WWW,AARONNOTARY.COM Notary Public Printed Name: Else- et ot co— cic My Commission Expires: r n ct L-, a 1/ AUlg Ouit Claim Deed - Page 2 DoubleTimeo Book767 /Page1117 CFN #2015010666 Page 2 of 2 r el 1 1 1 8 1 3 72 pht NW 11TH AVENUE N 00'07'3 210.00 .14 9 0 5 5 00 0550 E 105.0❑ f 0 - - -J 5 00°05'06.E 105.00' . H . I I : _NWI I AVENUE _y NORTH II u. LJ3IAY3S gUISQVOI Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16-001-SSA PLnning & Management tier% ices. Inc, 2.1,,1v22 '1 [11! `,.12itc 2.24 Serving Flo; ith (3)cal Gmernincnt. e 108s Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Jeremy LaRue Petition No. 16 -001 -SSA General Information Owner /Applican Site Address Contact Person Contact Phone Number Contact Email Address Dennis Ray and Linda May Wilson ", 1102 NW 7th Court Okeechobee, FL 34972 Corner of NW 7th Ct. and 10th Avenue Okeechobee, FL 34972 Jeremy LaRue 863 - 634 -7708 Totalroadsideservice @hotmail.com Legal Description of Subject Property Parcel Identification Number: 3- 16- 37 -35- 0160 - 00130 -0010 Legal Description: LOTS 1 THROUGH 18, INCLUSIVE AND WEST 1/2 OF LOT 19, BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC REOCIRDS OF OKEECHOBEE COUNTY, FLORIDA Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map for a 2.25 -acre parcel currently designated Single- Family Residential on the Future Land Use Map (FLUM) to be changed to Industrial. The parcel is also the subject of concurrent rezoning petition 16 -001 -R to apply Industrial zoning to the parcel. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables. SCI1 ing Clu:id., I "ul (;V1Cfnnu nI Sift: .r I }BR Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Jeremy LaRue Petition No. 16 -001 -SSA Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Future Land Use Category Single- Family Residential Zoning District Use of Property Acreage Holding Vacant 2.25 ac. Proposed Industrial Industrial Vehicle towing yard with outdoor storage of vehicles 2.25 ac Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification Industrial Nortl East South oning District Industrial xisting Land .Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Zoning District n_ Existing Land Use Future Land Use Map West Zoning District: Existing Land Use Railroad, industrial and vacant Industrial Industrial Industrial, Witter Harvesting Classification Single- family RSF1 Single- family homes and vacant lots Classification Single- family Residential RSF1 Multiple single - family dwellings General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (2.25 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. B. Current Use The property is currently vacant and undeveloped. Ser,ing Flundj 1.441 GO% el nt11CI1C1 tine c 10+,8 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Jeremy LaRue Petition No. 16 -001 -SSA C. Current Development Potential Under the existing Single- Family Future Land Use designation, the maximum develop- ment potential is four units per acre, five with affordable housing, or a total of nine or ten single - family dwelling units. D. Future Development Potential as Industrial While the Industrial Future Land Use category allows for an FAR of up to 3.00, given the fact that the IND zoning district limits coverage to 50% and height to 45 feet (four stories), FAR is practically limited to about 2.00 unless a special exception to height 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. At these intensities, the IND Future Land Use Category and IND Zoning District would allow between 24,500 and 49,000 square feet of conventional industrial use. The Applicant, however, intends to conduct a vehicle towing business with outdoor storage of vehicles on the site. Comprehensive Plan Analysis A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adja- cent uses, and curtailment of uses inconsistent with the character and and uses of surrounding areas, and shall discourage urban sprawl. The property to the immediate east of the subject is industrial. While the property to the immediate west of the subject property is designated and used for single - family use, it like the subject property, is adjacent to the railroad. Therefore, it would not be unreasonable to expect that the subject property would at some time in the future be put to a more intensive use than residential. The properties to the south are designated residential and are either vacant or in single - family use. We believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses. Therefore, given its adjacency to the railroad and ability to buffer its effects upon adjacent residential properties, we believe the proposed amendment to the Future Land Use Map is consistent with the Comprehensive Plan and reasonably compatible with surrounding land uses. Serving (1:.::ids luul 6,4%rr11=nc:us Sin 19S8 Staff Report Applicant's Name: Jeremy LaRue Small Scale Comprehensive Plan Amendment Petition No. 16 -001 -SSA We would suggest, however, that access to the property would best be provided via NW 10th Avenue, which is at present unimproved, rather than from NW 7th Court. This would ensure that NW 7th Court remains a primarily residential roadway and reduces the potential noise and traffic impacts, from tow trucks coming to and from the property, upon nearby residential properties. B. Adequacy of Public Facilities Potable Water and Wastewater It is highly unlikely that the subject parcel will be developed even at the practical maximum intensity identified in Section D, previous. More likely would be a single -story industrial use of about 25,000 square feet. Applying the City's adopted level of service standard of 0.15 gallons of water per day per square foot of nonresidential uses for such a use would amount to demand for about 3,750 gallons of potable water and waste water treatment per day. This volume is but a miniscule share of available excess capacity of the OUA facilities. Roadways At maximum development under the current Single- family FLU designation and a trip generation factor of one trip in the peak hour, a total of about 10 trips would be generated. There is no traffic generation factor for a vehicle towing yard. However, one would not expect a high volume of traffic during the peak hour. The Applicant has estimated between 15 and 20 trips during the peak hour. Such a limited increase in traffic volume could not be expected to have a significant effect upon local roadways. If 25,000 square feet of light industrial use were to be developed on the site, it would be expected to generate about 0.97 trips /1,000 square feet in the peak hour — or about 24 trips. This is not dramatically different from that which could be expected under the current Single- family Residential FLU designation. Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other more intensive developments in the City. Neither the proposed vehicle towing yard nor 25,000 square feet of light industrial use should have a measurable effect upon the County's solid waste disposal capacity. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Jeremy LaRue Small Scale Comprehensive Plan Amendment Petition No. 16 -001 -SSA C. Environmental Impacts The Applicant has provided no information as to the presence of environmentally sensitive areas on the site. However, review of aerial photography and the nature of the area and its adjacency to the railroad suggest that there are no environmentally sensitive areas on the site. Nevertheless, prior to development or use of the site, it may be necessary for the Applicant to provide documentation or professional opinion to this effect that there are no environmentally sensitive areas, valuable habitat or other physical attributes on site that would limit development as a result of environmental concerns. Recommendation Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to show this property as Industrial on the City's Future Land Use Map. Submitted by: .fir - - -- Wm. F. Brisson, AICP Planning Consultant May 11,2016 Planning Board Hearing: May 19, 2016 City Council Public Hearing: June 21, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Jeremy LaRue Small Scale Comprehensive Plan Amendment Petition No. 16 -001 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS 116 12 I__ !.I 11 Li....... 13 r N COMPREHENSIVE PLAN LAND USE S;NGLE...RAWL • %AA' • cAkllLr COMNERC!A, ▪ 1NQUSTR;A1 71 'U $. C FACtt.t?■ES RESIDENTLAL MIxED uSE CtAct. fl ►t)c1u In appljceitiv pa_ra-tt po &<7( now- Serving 1+'3orida Local Go\ erntnents Since 198N 6 Staff Report Applicant's Name: Jeremy LaRue Small Scale Comprehensive Plan Amendment Petition No. 16-001-SSA ZONING SUBJECT SITE AND ENVIRONS • ZONING • CBD • COMM BUSINESS MST RICT ti cp,v. HEAVY COMMERCIAL CLT LIGHT COMMERCIAL CPO COMM PROFESSIONAL cr - tit:* DOM INCMS7RiAL 7. E PuBL FAX to/ tES Put:AIMED PUD-R al MVP RESIDENTiALMULT■xAMgr RV," RESIDENT AL MOBILE NOME RSV' RE SiDENTIAL SO.+ GLE FAMILY RESIDENTIAL. SINGLE FAMILY k2 5e pct cat" no -F ()du ettA ,r- cupeo CeLft crr) S/ZcLfttL prof( Serving Florida Local Governments Since 1988 7 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Jeremy LaRue Petition No. 16 -001 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS .hwemsnenss Since f. pct,TA-e_ VI � n a.pp �. Ca -7 Yl City of Okeechobee Genbral Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 - 2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 4. _ 5 --1 Petition No. ! ( p -(X)1 - Fee Paid: f l i t 0, ('1'440 171Jurisdiction: 164,0c Ext. 1St Hearing: fija: , to , DI(a 2nd Hearing: (j. 1-((e ri- lq_/1. • `( Publication Dates: -±?7, ;'aj? ve) Notices Mailed: 5(L)/) I u) 2 Rezone, Special,Exceptigir d?V&We 4: APPLICATNT: INF_O.RMATION 1 . _..... `........< 1 Name of property owner(s): DL i,h\I I S c Wit( Lo . t J-14• A /fl f /LJJ L Soi✓ 2 Owner mailing address: /1,9 a Nu) ' f 7-1'Cr aloe clob,t, FL 3 (ci Ala 3, Name of applicant(s) if other than owner ,,EV-E■ i LA('E 4 Applicant mailing address: -p p 'evx 1 y 1 Qk'ee hobez. Ft zq9 7'3 E -mail address: j o AL OIA7SL0C 3E-11_07-66:0 /ao7inArL . CWyly! 5 Name of contact person (state relationship): J tz:� m y2 /- C 6 7 Contact person daytime phone(s): ee(03 _ (,-2 J- 08 PER- , :INFORMATION 4f t_-(43661--, OF At � `fi / fih A ` QKEEc({a'WWG ii_ 3ti '7a Property address /directions to property. 11 INw \-1 - �'C-1` 8 Describe current use of property: NONE 0 ?- A EE- i_lb 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. V CAN1 Source of potable water: Method of sewage disposal: 10 Approx. acreage: � , a 5- Is property in a platted subdivision? 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? TF5 13 Describe uses on adjoining property to the N rth: North: �i- k-DoSTV?=PrL. P,R1L -'HD� East: ! �v T�-�� e ?yrca Nr�rzv�sT South: S r "E u-) IJ'F fn West: ?ENr1TS VD- r-LScYJ (S -‘7 +-\ 14 Existing zoning: 1-tv175- ►•-\1.- Future Land Use classification: j SF 15 Have there been any prior rezoning, property? ( )No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: (.X) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3 -1 ,- 31_35 -D1 Coo -0013• -0O /0 (Rev 09/14) Page 1 of 11 ibit 3 ✓ 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: 22 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 'A---)-- ' 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) '24 Affidavit attesting to 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 included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Si nature or q Printed Name Date )ETC `( L otwe-- oq Ibt o relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS 18 A Applicant's statement of interest in property: 1 1 A'-- /(7t 'i-" g 2-- <o 19 N Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 20 L Last recorded warranty deed: Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Si nature or q Printed Name Date )ETC `( L otwe-- oq Ibt o relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) 0- It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 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. (Rev 09/14) Page 6 of 11 A.D,IITINAL INEO MAX TINREQ M7 D F..OR A:REZQNING ....;_ -: A Current zoning classification: 14o (c) :,ti `IS Requested zoning classification _,__/.l OS l Z i (-- B Describe the desired permitted use and intended nature of activities and development of the property? CDs' ._"'') Ye--) Qi.o C Is a Special Exception necessary for your intended use? (lam) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( )1 No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportati engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip gener 'o fat for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Tri Gene at 1 e- IA must identify the number of net new external trips, pass -bay calculations, intemal capture calculations, a.m. n p.m. peak hour trips and level of service on all adjacent roadway Links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) 0- It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 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. (Rev 09/14) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 Findings for Rezoning or Change in Land Development 1. The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirements as it would, if noted, make the area consistent with the adjacent zonings and usages. 2. The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well. 3. There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property. 4. The proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor. 5. There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well. 6. The site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well. 7. The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15 -20 peak hour trips including employees. 8. Traffic congestion, due to the projected reduced trips would be Tess than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development. 9. The property has not been inordinately burdened by unnecessary restrictions. City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTO Name of Property Owner(s): �L� /\1 l cj R R ✓ (k 1.LS�� L 1 D t� v Mailing Address: lioa L., i b L T CA EE C 0.L1 I L -3f-1 5 i Home Telephone: Q> Work: -3(c:3-623g ._ 313G Cell: Sivn c Property Address: Parcel ID Number: 3 —1 VI lz - 311- 35 _ 0 / 0 00 / 3O -- CAD / n Name of Applicant: 04_1:m y L A RuG Home Telephone: ;3t43_ V _II.\ Work: Cell: ; 0 `�� X34- �"7v� 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 DAY OF 20 . HAVE SET THEIR HAND AND SEALS THIS ,yi,t,:. v zit= .4_, OWNERL WITNESS OWNER Before me the undersigned authority personally acknowledged before me that they are the power of attorney for the purpose stated therein. Notary Public: j V-C WITNESS appeared the owner(s) named above who upon being duly sworn owner(s) of the real property described above and that they executed the Sworn and subscribed this /57 —day of g Dre i 1 20 /Is hfiNa SEAL, DANA M. THOMAS o,014' Commission xp es: : °` '" NL %e. P // ; =�,o : Notary Public State of Florida •�� t NA , „ , F 942560 (Rev 09/14) o'= My Comm. Expires Mar 31, 2020 Ol' '' Bonded through National Notary Assn. Page 5of11 Petition No. /(0-06 t/_ 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 ,4PK _ 1 , 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 / day of P /) , , ?a / [ . 117/ ,2 S(ignature'of Applicant Date \ d � e�(.m( LAK01 Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 1 day of PT iri 1 , , G 1 . Personally known to me or produced - I [C1(1 a 1 ri VP is 1101 s identification and did not take an oath. ±-h,/ atairuj-k. Notary Public, State of Florida � t0 PLit Notary Public State of Florida : ; Patty M e My Commission EE 218356 Empires 10/02/2016 (Rev 09/14) Page 3 of 11 CD 0 0 O Cr O N N n O O O W (O N O V 0 0 0 0 0 V N n 0 C) O O O O N (O n O N O V 0 N 0 0 0 Q 0 0 0 O V V O) N O] 0 0 0 O V V O) O n 0 V O Cr 0 0 0 N N Cr N N O O N O N N Cr N N O N O N O O o O O) co O) O) N N C) CO CO V V N N N N C) N CO N N N N N CO N Cho COO OD nn nnnnnn nOOn nnn CD C... V V V' V O O D) O O D) CO O O) O) N D) CO O O) O O) 4. C) C) C) C) V Cr V V V V V V V V 0 V V V V N V N C) co C) co C) C) C) C) C) C) 0 CO CO C) C) C) CO Cl C) C) C) H J J J J J J J J J J J J J J J J J J J J J J J J J Cr) IL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W W W J w W W W W W W w W W W W W W W W W W J W W W W W W W W 0 J W W W W W W Q Q Q Q mmm 5; m m m m m on on m J� mmm m m FFF000z000000000 z0000Z0 Q (n (n (n to 2 2 1 0 0 2 2 2 2 2 2 2 2 F" 0 2 2 2 2 0 2 Z W W W W 0 0 0 m z 0 0 0 00 0 0 0 0) (n 0 0 0 0 F- 0 2 2 D 2 W W W Y Q W W W W W W W W F Y W W W W Z W 30c70 W W WVJJW wWwwww UJX0W WWWWW W W W w Y Y Y Q m Y Y Y Y Y Y Y Y 0 Q Y Y Y Y 2 Y UFFFF000,000000000 CI- -,0000F0 ADDRESS 3 ADDRESS 2 CO 0) W cc 0 Q W z m W 0 500 WATER STREET J910 C/O CSX CORP 4300 SW 53RD PLACE ce 0 > F-> >▪ f- FF- F - Q 00 >F I-~F- <0<I --mcn 0- F -0000) F — z�.QO 00)0 Cpap Cp ap222m}F 220) 222F0¢m22FF2F--2 vvvv�n�W F IF- f2- n�� -F2-W OFr-nt�� 0 0 0 0 zzQ (9za) >zzzz >wa) >zzzwZ mmm CO Z �'4' Z Z CO W Z W OOOON00000oMme)OOO VOon V m Cr c-oZ0 0.0.0.0.0., -Oio NO to0) O ,-O CO 0) COQ o00 r W r 0 U.1 z W w < mil W Z m W Q W W z v �c� � 00 zcf §Qa ZQm 005 (Qn = QQQ°6� 0000cco W Z(nwwH w 0 JOot)Z W Q 0 0 0 0 ) O F Q j? Z Q 0< 2 Q W s- w r_t zzzz w F- cc—,z §QUOZ V LLF Jm2 g�gg 0 0� FQ_ »W< 0°-- Zz _4 - ma z0) >-zkO gz zg CO ZZ CO T CO N 0 W ili N �a 20 in �°(� g o �g z2 §LLZO=wZrJWQQO'm W m<cbcoz2 I xN F m W O Z 2 0 U W Z 6 2 Y Y O r W w• thwwwco.=0J,.9,QQW?OQO W W J — Q mmmm000000wwLL 0C : :EOnF- 55555- O O O O O O C) O O O O O 0 O O O O O O O O o 0 0 0 O 10 C) n V CO CO N CO CO CO O O O O O (O CO r c- 14) • O O O _ r O O r r O r O o 0 O O O O O O O O O O O O O (DO O 0 0 0 0 0 0 0 0 900909°9 O O O O O O O O O O O O O O O O O (O 0 0 u3 co (OOm� . -C) co co C) co U) (O� CO C) O (0 co co V N. 0 V V O 0 CD O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9999999900.00999900 0 0 99990 O O o o O O O o OO OO 0 0 0 O O O 0 0 0 0 0 0 0 0 0 (O (D (D CO CD CO (O CD r CO CD CO CO (0 CD CD O CO (D (0 CO (O O O O Q O 9• 090000000090090000 0 0 0 0 0 0 (n v) ui (n (n )o (n in (n (n (0 ,c) (n (0 (i) (n v) (1) (n (r) ui (r) (n (4) J C) M co 49 4') C) (') co C) C) C) C) C) C) Co) C) C) C) O) C) C) F) 0 CO CO) W ri rr n h nn n n n (,n I,. nnhnf� co C) c? co (o (o (o t M (o co M (o c? (o Co co co M c? (o co (o co Co Q: (o m co mmm (o (o (n co (o v) m m CO co (u�)y(0 co m co (0 m (n m • r) c') r)A AA 4') -ice 7 7 >7 7>->"). (b r), c%) (Qc%) 7 'OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER 100 FT Surrounding Properties Basema Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 4/1/2016 Ti1J THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 1111111111111111111111111111111111111111 FILE NUM 2015010666 OR B1& 767 PG 1116 SHARON ROBERTSON' CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 11/20/2015 10:27:52 All AMT $201000.00 RECORDING FEES $18.50 DEED DOC $140.00 RECORDED BY M Pinon P9s 1116 - 1117; (2 P9s) [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 19th day of November , 2015 between Joe H. Baker, a married man and William Jason Tomilinson, a single man whose post office address is 2599 NW 16th Boulevard, Okeechobee, FL 34972, grantor, and Dennis R. Wilson and Linda M. Wilson, as joint tenants with the right of survivorship whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, 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 corporations, 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 consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 1 through 18, inclusive and the W 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3- 16- 37 -35- 0160- 00130 -0010 Grantor Joe H. Baker warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida. This is vacant land.. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimea Book767 /Page1116 CFN #2015010666 Page 1 of 2 • Signed, sealed and delivered in our presence: Witness Name: 57 E 1) Joe H. Baker J illiam Jason Tomlinson (Seal) State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this day of November, 2015 by Joe H. Baker and William Jason Tomlinson, who 'are personally known or [X] have produced a driver's license as identification. [Notary Seal] 417' Heather Edwardson OMISSION # FF125216 EXPIRES: May 21, 2018 WWW.AARONNOTARY.COM Notary Public 1 Printed Name: 4 'N'1 -,e - 6 of w ql. t- d c py� My Commission Expires: 1 i A 0) A aid Claim Deed - Page 2 DoubleTime® Book767 /Page1117 CFN #2015010666 Page 2 of 2 PNPS•N ileggPrifi tqlt Ilida q 11 P 'f Q1II'I 131E 9° 6l 't r ififiltithflil iir�1041 ga. lI;��gilA R o0 i.v m illiddittg ifill[ I"' " ;ET Ira it ♦inibillif; sg ■ r 1 11 v 1 A - - -J F 9 2a! —310 aarf AN NW 11TH AVENUE N 00'07'32• W 210.00' 0 J II 11 11 ii II 11 II q: II. 0 W 05.00 0 DIM 0 f9 i\ '<•t'+ fg a `p6- 0. 7#-------i----- � s 00'05'06' E 105.00' lua. AN N• __ _ �_ NW 10TT H H VENUE N _y RT H u. 11 1 II 11 11 A 11. u n II A 11. 11 11 I1 . q. it u. A. II 1 11. 11_ A. 11. 11 11 II. A. II. 11. 11. 11 1 II 11 11 11 11 11, II A. u 11 Ii. e'c4r t ivy ;;Aq lit 144 it 0404141 XiNiblksbN Xi Prill 114 6 J ,OIHdV I,OOdOJL g3IA.IgS £QISQvOd Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16-001-R 1,14 PLinning & Nlanagement Sen. ices, Inc. t f Florida Local (()“r ninclit: Sin( loss [1- Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R General Information Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address Dennis Ray and Linda May Wilson 1102 NW 7th Court Okeechobee, FL 34972 Corner of NW 7th Ct. and 10th Avenue Okeechobee, FL 34972 Jeremy LaRue 863 - 634 -7708 Totalroadsideservice @hotmail.com Legal Description of Subject Property Parcel Identification Number: 3- 16- 37 -35- 0160- 00130 -0010 Legal Description: LOTS 1 THROUGH 18, INCLUSIVE AND WEST 1/2 OF LOT 19, BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request The matter before the Local Planning Agency and City Council is an application for the rezoning of a 2.25 -acre parcel currently zoned "Holding" to Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment application (16- 001 -SSA) to change the Future Land Use designation from Single- family Residential to Industrial. The purpose of these amendments to the Future Land Use Map and Zoning Map is to allow, on the site, outdoor storage of vehicles associated with the Applicant's vehicle towing business. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables. ScrVii ; Florida 1n:1I (, ,,ri ,lI uIs Stn :r 1)S8 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single- Family Residential Holding Vacant 2.25 ac. Proposed Industrial Industrial Vehicle towing yard with outdoor storage of vehicles 2.25 ac Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Industrial Industrial Railroad, industrial and vac ant Industrial Industrial Industrial, Witter Harvesting Single- family RSF1 Single- family homes and vacant lots Single- family Residential RSF1 Multiple single - family dwellings 'E in }, Iluada 1. Al Gill rIz1 nl \uur 1958 2 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -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 Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface. Staff comments follow in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirement as it would, if noted, make the area consistent with adjacent zonings and usages." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's Future Land Use Map (FLUM) to change the Future Land Use designation from Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning would have to be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and could not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well." Staff Comment: The LDRs do not specifically identify outdoor vehicle storage or the operation of a vehicle towing business as a permitted use in the Industrial Zoning District. However, outdoor vehicle storage has been interpreted as qualifying under item (9) in the list of permitted uses, which reads "outdoor sales and storage, building contractor ". \rt sin}; Ctotuh L.u) G:n1.tnn1cnt+ jin.r 19S$ Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 3. The proposed use will not have an adverse effect on the public interest. "There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non - consistent zoning on this property." Staff Comment: As explained in the Staff Comments to the Applicant's request for the property to be designated Industrial on the Future Land Use Map, the impacts upon public facilities and services for the storage of towed vehicles or for other allowable and more intense Tight industrial uses is seen as minimal both in the absolute sense and in comparison to the uses now allowed on the property. Further, we believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary, and therefore should have no adverse effect upon the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor." Staff Comment: The property to the immediate east of the subject is industrial. While the property to the immediate west of the subject property is designated and used for single - family use it, like the subject property, is adjacent to the railroad. Therefore, it would not be unreasonable to expect that the subject property would at some time in the future be put to a more intensive use than residential. The properties to the south are designated residential and are either vacant or in single - family use. We believe the subject property is suitably located for an industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses. Therefore, given its adjacency to the railroad and ability to buffer its effects upon adjacent residential properties, we believe the proposed rezoning to Industrial is reasonably compatible with surrounding land uses and is not contrary or detrimental to the urbanizing land use pattern. 'rning 1'luti l 1 it Gtn rrnin nl, tiin:r 19R6 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 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. "There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed use(s) will not adversely affect property values or living conditions. 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 site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well." Staff Comment: There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. We would suggest, however, that access to the property would best be provided via NW 10th Avenue, which is at present, unimproved, rather than from NW 7th Court. This would ensure that NW 7th Court remains a primarily residential roadway and reduces the potential noise and traffic impacts, from tow trucks coming to and from the property, upon nearby residential properties. 7. The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15 -20 peak hour trips including employees." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the intensity of the proposed use has been described in both this and the Staff Report for 16- 001 -SSA in a manner that clearly indicates that neither the proposed storage of towed vehicles nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Serving flnrids Gincrnsncnt, Sin:.c I''M Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Traffic congestion, due to the projected reduced trips would be less than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development." Staff Comment: At maximum development under the current Single- family FLU designation and a trip generation factor of one trip in the peak hour, a total of about 10 trips would be generated. There is no traffic generation factor for a vehicle towing yard. However, one would not expect a high volume of traffic during the peak hour. The Applicant has estimated between 15 and 20 trips during the peak hour. Such a limited increase in traffic volume could not be expected to have a significant effect upon local roadways. Alternatively, if 25,000 square feet of Tight industrial use were to be developed on the site, it would be expected to generate about 0.97 trips /1,000 square feet in the peak hour — or about 24 trips. This is not dramatically different from that which could be expected under the current Single- family Residential FLU designation or the proposed towed vehicle storage yard. No significant structural improvements are expected to be put into place on the property. In the event impervious surfaces are increased significantly, the Applicant will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The property has not been inordinately burdened by unnecessary restrictions." Staff Comment: Neither conventional industrial uses nor the proposed towed vehicle storage yard use have been inordinately burdened by any unnecessary restrictions. Serving rl rirh I.xel C.11crnmc,i Sime 19±H 6 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Recommendation If the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request should be approved. Otherwise, if the requested Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 11,2016 Planning Board Hearing: May 19, 2016 City Council 1St Reading: June 21, 2016 (tentative) City Council 2nd Reading: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Scr■ ink Florida local G:n eru:u.,nt %Sint• I" H Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 1111111111111111•1 67 COMPREHENSIVE PLAN LID LSE : NCA.E. - • muct - an z "2 REZ SE eoint,r not inctucti4,.t.0 ctppkccCf1 atnait Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R ZONING SUBJECT SITE AND ENVIRONS ✓/ I i // /tr. ZONING - CEO - COMM BuSINESS DISTRICT C+ V HEAVY COMMERCIAL CL7- LIGHT COM'Rt£RCIAL CPO•-CfvM7 IRRDT7ESSIONAL. ORP'CE. H - HOLDING INDUSTRIAL • 'LBLCi= ACLI'r S ALID•SI IKEI) PLID-R TI)RFRESIDEN - LA- RUIt, - RESIDEN7v1L 100ELE t-D *'_ RSF' • RES:DEN 71.AL % N31E FAA, i<• , RSF2 • RESZf:N?IAL. SR Ga. FM' Sc Nyyle r- nut t (IC tit n Y--h is a.9P k r-ach in Flerrkia Lixal t:usrrnawfl4. Situ I S$ 9 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No 16 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 10 Co✓ I1fi G n6- In? (u '4 in P t s a 'p