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1135 #16-001-R H to INDORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeremy LaRue, Authorized Representative for Dennis Ray Wilson and Linda May Wilson, property owners, has heretofore filed Petition No. 16- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.25 acres from Holding (H) to Industrial (IND) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 19, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 2.25 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 18, INCLUSIVE AND WEST ONE -HALF OF LOT 19, OF BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Holding (H) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1135 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (No. 16 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 21St day of June, 2016. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of July, 2016. ATTEST: Lane Gamiotea, C IC, City Clerk REVIEWED FOR LEGAL S FFICIENCY: John R. Cook, City Attorney Ordinance No. 1135 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General 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: L . Petition No. - Fee Paid: , t , i (' f_ 4, [ -, Jurisdiction: 1st Hearing: ''' 2 'd Hearing: `° r ' '''* Publication Dates: ' �1 �� j 1 �� (' {� Notices Mailed: - 113 Rezon e, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): DL NIA I S it, `' t. LC i�` % / L1AO f) /)MA ` £- `1 L- -`'ct/ 2 Owner mailing address: i I Ci a Nw , C' T CJ c c i,,, / }„. /L- 3t -1`/72 3 Name of applicant(s) if other than owner L.-41c i f, y 4-i)i2t.;, 4 Applicant mailing address: (C., .P�(2, A I y L) ciece,.6,c,. t -t_ FL 2)LI c/ r/ 3 E -mail address: j c: j- AL. j,,C iay .)-110 � `562A.," FC c 6? /./07,11,4 IL . c 0, J 5 Name of contact person (state relationship): j L4c; y 1,- s) e.c c: 6 7 Contact person daytime phone(s): e (s. 5_ (c. .z>4 -- '7 ^-) 06 PROPERTY INFORMATION ' T-14 Pro Property address /directions to property: C �:. E -, C Y �w c -r �- / C h /4 L 11 1 i r c -t-- C retz (IUC LC ft 3Li ') 8 Describe current use of property: CO 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. \/ j CAN 1 Source of potable water: Method of sewage disposal: 10 Approx. acreage: ;) , a cj" 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: ! `. 12 Is a pending sale of the property subject to this application being granted? ,, ✓b5 Describe uses on adjoining to the Nqrrth: 13 property North: ?�Ni7VS�`a? SF'tl- (v,Nii -e i.) East: South: `ETC \YE v-, Lr Ks (5 t Ni 11vvk K,;T2 ft._ ( j )---192.JE S est: i7Er irV41 S 'v.= =, �. -=,cl\1 ( `=---3-C- NC AWL (.fi;4T 14 Existing zoning: 1- }c-t`o_� ��tN Future Land Use classification: /-- r 15 Have there been any prior rezoning, property? (X. )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 i it - 3i - f el tee Co 16 _cc/ C? (Rev 09/14) Page 1 of 11 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. S. nature Printed Name J/{ Date cis1 \{ L i:) t: 64 =/ , /c?I �. or q , stion 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 property. Applicant's statement of interest in property: I I '/ L �� >' ��c Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 19 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 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 �; 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. S. nature Printed Name J/{ Date cis1 \{ L i:) t: 64 =/ , /c?I �. or q , stion relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 Isl9 43803 (863) 763-3372 415- 20 4- RECEIVED from TiS6 1 i7-,c(t(i.-3, rVic es 443° d / (711t.-- 17) cd_re -ill ree, 1 100 1 Lt-1.-1-- n)iti ct/L-, $ r/-3 LS/ q110.811 44.571c1 iW 4d /61,. CLERK Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 111111111111 1111111111111111111111111111 FILE NUM 2015010666 OR BY, 767 PG 1116 SHARON ROBERTSON/ CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY/ FLORIDA RECORDED 11/20/2015 10:27:52 AM AMT $20/000.00 RECORDING FEES $18.50 DEED DOC $140,00 RECORDED BY M Pinon P95 1116 - 1117; (2 Pas) [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: S�' I `lrJ(d� S,e., Witness Name: S'? £ ia-f —h-e - Wa - d .-, State of Florida County of Okeechobee f �7 I) Joe H. Baker J illiam Jason Tomlinson (Seal) The foregoing instrument was acknowledged before me this g g g � � 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] AVIV Ck1ii Claim Deed - Page 2 Heather Edwardson COMMISSION 1 FF125216 EXPIRES: May 21, 2018 WWW.AARONNOTARY.COM Notary Public Printed Name: a c . W ctr- c4 c Cy) My Commission Expires: Ma DoubleTime® Book767 /Page1117 CFN #2015010666 Page 2 of 2 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): DLI \Il L c j F� is `; L -' Ll.._S( ,/ Li-ND I fill) v (,v . t 1--(-{\I Mailing Address: i 1 c; A w � !—h C t t! -;i4, CE C- F1c tSC L N L , ( 1 (7 , Home Telephone: q Work: `,j(t 3 4 3y . 31 3� Cell: >01 t< Property Address: Parcel ID Number: 3 -- i u _ 3'-i - ,3 ,- _ 0 (e C, - OC i 5C - 'Co I (- Name of Applicant: ,SCA2,l.-t1V '-' J 11),LT Home Telephone: `,A.c13-_ C 5(.1 - ?-`ACtrWork: Cell: C.,," ( 5ci _ i) l c The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED DAY OF 20 . HAVE SET THEIR HAND AND SEALS THIS OWNER- WITNESS Lam. N � � _- \:,.., � -, -- OWNER Before me the undersigned authority personally acknowledged before me that they are the power of attorney for the purpose stated therein. i Notary Public: jIti lCi 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 , 5 t day of /1�il' / I 20/6 /0116% SEAL ,,,��,p,,, DANA M. THOMAS Commission xp es: / t :?o',a �e` .. Notary Public - State of Florida sr..moaam /Iwwfrtro1Vi — . \G - . ' '.� 942560 (Rev 09/14) ob My Comm. Expires Mar 31, 2020 , ,„00 Bnnded through National Notary Assn. Page 5 of 11 OUV ^e NW 1 �- H AVENUE — - iwsmcory - - -- - - -- �. N u007 3 2 W GI Ci. old An n� • -1 Z R IG IC IA jIm gIZ 4 zA , s ❑0 sn E I C g el A st NW I u, AVENUE ,o NORTH k 11 11 11 0 11. 0 u 0 I! 0 0 N 11 d 11. u_. 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LL LL LL LL LL LL LL LL LL LL LL (L LL CITY NAME ADDRESS 3 ADDRESS 2 W W w J W W W W W W W W W LU QQQW W W w W W W W J W W W W W W W W 0 W W W W W Qmmm5 CO mmmmmmmCJ�mmmm m H HFH000z000000000 z000OZo w w w w i 2 2 Q 0 2= 2 2 2= 2 2 r = 2 2 2 0 2 W W W W 0 0 0 2 0 0 0 0 0 0 0 0 0u) 0 0 0 0 x 0 0 W W W Y Q W W W W W W W W r Y W W W W Z W 0 0 0 0 W W W o J W W W W W W W W 2' o W W W W W W HHHHOOOQOO0000000a�0000H0 NC 500 WATER STREET J910 C/O CSX CORP 4300 SW 53RD PLACE CC 0 C >- (0 CC W Q0<r°°cri)aryri0WQ rz °<0 0(( 0 ap ap ap ap 2 2 2 (0 X 2 2 2 2 2 H <W22,2,1 r = 0,,,, ��nw1 -N- f.�00°°�WOr_00-0-H Wo0003zz >Oz(wi) >zzzz >0W((/) zzzwz Om m m m z V V (0 40 Z m co V O Z (n z �- N Z (0 00000)00000000O00N.0) v = -o 0 O o�m0CYo� o,- omv- rn(/,,OOO.-Wc- Q LL d a LL I� N L) CO 0) CO Q I� T- fr OWNER NAME r 0 w< W W Q _- UJ Z CO W Q `,.:.W a Z 0 0 KQ 00 W Z W �o8 ZQ Z°-0) < 1 QQa W' rx 0000(nw (A W W r W 0 JOo�z W Q J▪ JJJo6� owww< 2 Q W _1,,„- W J( 0 0000)<06 Qr0�'ZQ g(nQ OQwat)�w ZZZZQ(n d (0S �gggW -J- 'rx)QaEE Oz >->->>-w< < o 2 W 2 z z U � 2 Q�> Z� JO mmmm(q �(ai)mOQ 02�Q2�H D�� W0Z zZZZ LL<ww wmLLLL0 1: ( /)JQm ngLL LLOctwzrJWQaceZw }Q(n(0zR QQQQQQD)< >01�DOO�pww -11-1- www W 22l(g2UJ2 _IQQ W ZOQ2 W W - -Q mmmm000000www00222wi-5��> o 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 o O o O o 0 0 0 O O (O 0 f� V M OO N (0 M (D d) O m O O (O W 0 0 0 0 0 0 O OD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 666666666666666666666666 (0(0(0(0(0(0 (0 M (0 (0 M (0 (0 (0 0) M M O (0 (D (O R 1) (0 0 . O O O O O O O O O O O O O O O O O O O O O o 0 0 0 9999999999999999999999009 6666666666666666666666666 (0(0(0(0(0(0(0(D o (D (0 �O (0 (O (O o -O (O Q (O (0 (0 (O p O .- .- ...... 0660606066666666606660060 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 (0 m ( m m M M M M M M M M M M M M M M M M M M M M M M M M W 1)0-00 000-m 1` 0-m 00 r r 0m 0 r r r r nm O M M M M M M M M M M M M M M M M M M M M M M M M M 10(0(0(0 d M (') M (') (0 M M M MM (0 M M (') M C) N. (') (') C' A M M -4-a3A0-c 3 Salry RR C/O CSX Corporation 500 Water Street J910 Jacksonville, FL 33202 James Chamness & Nancy Treadway 1101 NW 7th Court Okeechobee, FL 34972 Eddie J. Dickens (Deceased) 1008 NW 7th Street Okeechobee, FL 34974 Shonda N. Flores 1006 NW 7th Street Okeechobee, FL 34972 Mauricio Mederos 3670 NW 18th Avenue Okeechobee, FL 34972 Stephen Moore 694 SE Degan Drive Port St. Lucie, FL 34983 Dennis & Linda Wilson 1102 NW 7th Court Okeechobee, FL 34972 Be A Man Buy Land LLC PO Box 4281 Tequesta, FL 33469 -1019 Ofelia Cruz 1604 NW 7th Avenue Okeechobee, FL 34972 Gail M. Elliott Trustee 5735 SE 30th Parkway Okeechobee, FL 34974 Fidel & Maricela Garcia 1103 NW 7th Court Okeechobee, FL 34972 Okeechobee County Administrator Robbie Chartier 304 NW 2 "d Street, RM 123 Okeechobee, FL 34972 Dana Michelle Thomas 704 NW 11th Avenue Okeechobee, FL 34972 Scott & Renee Witter Trustees 4300 SW 53rd Place Trenton, FL 32693 Wiley & Sandra Lee Chaffin 702 NW 11th Avenue Okeechobee, FL 34972 Abdul M. Cumber Trust 12844 Gettysburg Circle Orlando, FL 32837 Levern & Juanita Ervin 919 NW 9th Street Okeechobee, FL 34972 Patricia Garcia 1004 NW 7th Street Okeechobee, FL 34972 Marcos & Christine Minondo 917 NW 9th Street Okeechobee, FL 34972 Steve & Patricia Weeks 1011 NW 7th Court Okeechobee, FL 34972 Randolph & Geri Yates 1105 NW 7th Court Okeechobee, FL 34972 OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Legend TOTAL ROADSIDE 100 FT Surrounding Properties Basemap • • 1' I .0= '.a,-••,-t • • -JO P40.41".t1.- tom ream I 40, r. TAR•11450211141EAM • 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 City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext. 218 Okeechobee, FL Fax: 863- 763 -1686 Dear Property Owner: May 4, 2016 The Planning Board will be considering Rezoning Petition No. 16 -001 -R to rezone Lots 1 to 18 & the west'/ of Lot 19, Block 13, Northwest Addition, from Holding to Industrial, for the proposed use of an outdoor storage lot for a towing yard. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, May 19, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pbumette@cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a final Public Hearing on July 19, 2016, 6:00 p.m. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: May 4, 2016 The Planning Board will be considering Rezoning Petition No. 16 -001 -R to rezone Lots 1 to 18 & the west 1/2 of Lot 19, Block 13, Northwest Addition, from Holding to Industrial, for the proposed use of an outdoor storage lot for a towing yard. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, May 19, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pbumette@cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a final Public Hearing on July 19, 2016, 6:00 p.m. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Bumette General Services Coordinator 1 3/3 3 Petition No 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 orzoning, 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 r �'= §' } 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 i day of ! 1 I r4`E....� .1 �- / \.1..., d Signature of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this E day of 3y, . Personally known to me or produced '. ds identification and did not take an oath. J Notary Public, State of Florida 60Jn' °�4 Notary Public State of Florida Patty Burnette �� My Commission E mission EE 218356 rrspfMs 10/02/2016 (Rev 09/14) Page 3 of 11 A ADDITIONAL .. ... . NAL REQUIRED FOR A REZONING Current zoning classification: 1-to ` :,,, `.1 Requested zoning classification J (iv 1 12 S H L Describe the desired permitted use and intended nature of activities and development of the property/? I vm4_:. • ■ .N y r) ,t?Th C Is a Special Exception necessary for your intended use? ( I) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( )g 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 . l e- IA must identify the number of net new external trips, pass -bay calculations, internal 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) 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 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. 9. The property has not been inordinately burdened by unnecessary restrictions. CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): kiAri Address of subject property (or Legal if no address): L. Date of 1st Public Hearing: j?rai I,} > = , hereby certify that accordance with the above instructions on Signature: I posted the "Notice of Public Hearing" sign in 7 l , and will remove sign on Date: 7. STATE OF FLORIDA COUNTY OF OKEECHOBEE Auld The foregoing instrument was acknowledged before me this 'dal o4 I� ` 20(P by Au id A (m w o ' . erso ally known to me ✓or produced as identification. 't f ' / ► (signature) SEAL: P , - or stamp name of Notary ''''';'-,, BOBBIE JO JENKINS •� Commission k FE 975408 M My Commission Expires r,,,,;,,,p March 24, 2020 0 Z et Q W 2 0 J co d LL 0 W 0 I- 0 z REZONING PETITION N0. 16-OO1-R cn z 0 0 z 0 H O z 0 J 0 m 0 ac u_ 0 z z 0 N w 0 z Q 0 0 1- w .. 0 w a_ E--- Q 0 0 a_ I- Cn JEREMY LARUE z 0 CO J a 0 z_ J cn z z w 0 n w z 0 CC w 0_ 0 0_ 0 Q z 0 0 z 0 I— 0 u_ z f w D a Q L M w Cl) LO LO 00 N w N ti M M 1 M CO N- 0; CO 00 CP- a) 0 cn a) a) co cu a) a a) 0 d- ti a) -4- M J u_ Q a) 0 c.) a) a) 0 o o 1 /tAs r)oiry D SearchResults Okeechobee County Property Appraiser updated: 3/24/2016 Parcel: 3- 16- 37 -35- 0160 - 00130 -0010 « Next Lower Parcel' Next Higher Parcel » Owner & Property Info 1-1 Page 1 of 3 SF 2015 Certified Values Parcel List Generator 2015 TRIM (pdf) Owner's Name WILSON DENNIS R & WILSON LINDA Site Address NW 7TH CT, OKEECHOBEE Mailing Address 1107 NW 7TH CT OKEECHOBEE, FL 349722429 Building Value NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 Description PAGE 25) LOTS 1 THROUGH 18, INCLUSIVE AND THE WEST cnt: (0) 1/2 OF LOT 19 BLOCK 13 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 2.228 ACRES S /T /R 16-37- 35 Tax Neighborhood 618611.00 District 50 DOR Use Code VACANT (000000) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (3) $27,451.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $27,451.00 Sales History Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 22 of « Prev 23 Next » GIS Aerial 130 260 390 520 650 780 910 ft s6L(' 2015 Certified V lues Just Value $27,451.00 Class Value $0.00 Assessed Value $27,451.00 Exempt Value Moo Total Taxable Value $27,451.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale VImp Sale Qual Sale RCode (Code List) Sale Price http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 3/30/2016 4) 233.69E -Oa D SearchResults Page 2 of 3 11/19/2015 767/1116 QC V U 11 $20,000.00 12/19/2013 740/675 TD V U 11 $6,500.00 2/24/2006 593/1605 PR V U 01 $0.00 10/17/2005 580/778 PB V U 03 $0.00 4/1/1982 249/982 WD V U 03 $12,000.00 7/1/1972 140/265 QC V U 03 $0.00 4/1/1972 136/238 WD V Q $12,000.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc I Year Bit I Base S.F. I Total S.F. I Bldg Value NONE Extra Features & Out Buildings - (Sho +n' Codes Code I Desc I Year Blt I Value 1 Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 161CI6 CITY LT (MKT) 0000500.000 FF - (0000001.205AC) 0.25/1.00/1.00/1.00 $18.06 $9,030.00 161CI6 CITY LT (MKT) 0000250.000 FF - (0000000.602AC) 0.60/1.00/1.00/1.00 $43.34 $10,836.00 161CI6 CITY LT (MKT) 0000175.000 FF - (0000000.421AC) 0.60/1.00/1.00/1.00 $43.34 $7,585.00 Okeechobee County Property Appraiser « Prev Search Result: 22 of 23 Next » updated: 3/24/2016 HOME Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatk not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or i interpretation. Although it is periodically updated, this information may not reflect the data cure in the Property Appraiser's office. The assessed values are NOT certified values and therefor€ subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail addresE response to a public- records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 3/30/2016 Okeechobee County Property Appraiser - Map Printed on 3/30/2016 3:58:1... Page 1 of 2 .3-16-37-35-0160-00131:1-00117.1 ','AILS4N DENNIS R &':;ILSiIN LINDA _.2 T 1 l 1-19.21.!15 . ' .17+00 .. I.1 Okeechobee county Property Appraiser lorida ARCEL: 3- 16- 37 -35- 0160 -00130 -0010 - VACANT (000000) NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25) LOTS 1 THROUGH 18, INCLUSIVE AND THE WEST 1/2 OF LOT 19 BLOCK 13 Name:WILSON DENNIS R & WILSON LINDA LandVal $27,451.00 Site: NW 7TH CT, OKEECHOBEE BldgVal $0.00 Mail: 1107 NW 7TH CT ApprVal $27,451.00 OKEECHOBEE, FL 349722429 JustVal $27,451.00 Sales Assd $27,451.00 Info Exmpt $0.00 Taxable $27,451.00 http: / /www. okeechobeepa.com /GIS /Print_ Map .asp ?pjboiibchhjbnligcafcefo... 3/30/2016 Patty Burnette From: Marcos Montes De Oca Sent: Wednesday, March 30, 2016 1:41 PM To: Patty Burnette Subject: RE: Question for Zoning use Patty I spoke w/ Bill it would be a storage yard no office no public access Basically parking /storage only. Jeremy is looking for industrial zoning. Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763 -3372 ext: 212 Cell: (863) 801 -0177 fax: (863) 763 -1686 E -Mail: mmontesdeoca @cityofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." From: Patty Burnette Sent: Wednesday, March 30, 2016 1:37 PM To: Marcos Montes De Oca Cc: Robin Brock Subject: FW: Question for Zoning use Marcos do you know what type of use Jeremy was looking at for this location? I want to make sure it is something that is permitted before he goes through the Land Use and Rezoning changes. The exact use was not mentioned in your email to Bill. Thanks 1 Patty M. 6u4-14-e>f-t ' general Services Coordinator City of Okeechobee cc Southeast 3rc{ Avenue Okeccfo6ee,'FL 34974 ter: 863- 763 -3372 ext.218 'Fax: 863 - 763 -1686 e -mail y6urnette @cityofo(eechofee.com we6site: www.cityofo(eechoiee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Bill Brisson [mailto:bill©larueplanning.com] Sent: Monday, March 28, 2016 2:53 PM To: Marcos Montes De Oca Cc: Patty Burnette; Gloria@larueplanning.com Subject: RE: Question for Zoning use Good afternoon Marcos. Following are my comments with regard to your questions to me. For ease of review, I have placed my comments in Segoe Print typeface immediately following each of your statements or questions. Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage. Current zoning is Holding? Yes Was there an application pending on this when the maps were generated? Not that 1 am aware oF. The future appears to be RSF. Yes, the Future Lavtd Use desigratiovt is Sivtgle- Family Residevttial avid Zovtivtg is RSF 1 Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know OF course, across the RR track to the vtorth it is Ivtdustrial. However, the property to the immediate east of the subject property is the ovtl y ivtdustriall y desigvtated property 2 ovt the south side of the RR tracks west of NW qty' Avenue. Al( properties within the City limits and south and west of the subject property are designated Single-family or Multi- favnily on the FLUM and Zoning Map, and largely already developed in residential use. I think a Heavy Commercial zoning for this property would be questionable. Heavy Commercial zoning in the City has been typically concentrated along major N -S or E- W roadways, or at least within a block or two of one. This property is not provided with the type of access or local circulation pattern normally associated with heavy commercial uses. In order to designate the subject property for industrial or heavy commercial use, the property owner will need awtendwtents to both the FLUM and the Zoning Maps. Certainly, designating this property as Industrial would not be out of the question, but the proximity to existing residential uses will likely be something that the Planning Board and City Council will consider during the amendment process. In addition, because the property abuts residential zoning districts on both the south and west sides, the minimum setbacks will be forty Feet along these sides of the property. I hope this is helpful. Should you have any questions or wish to discuss this fuvtker, please contact me at your convenience. 13W, Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239 - 204 -5283 General Office Phone: 239 - 334 -3366 3 From: Marcos Montes De Oca [mailto: mmontesdeoca @cityofokeechobee.com] Sent: Saturday, March 26, 2016 6:24 PM To: Bill Brisson <bill @larueplanning.com> (bill @larueplanning.com) <bill @larueplanning.com> Cc: Patty Burnette <pburnette @cityofokeechobee.com> Subject: Question for Zoning use Bill - Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage Current zoning is Holding? Was there an application pending on this when the maps were generated? The future appears to be RSF. Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Thank you Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763 -3372 ext: 212 Cell: (863) 801 -0177 fax: (863) 763 -1686 E -Mail: mmontesdeoca @cityofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." 4 Patty Burnette From: Marcos Montes De Oca Sent: Saturday, March 26, 2016 6:24 PM To: Bill Brisson <bill @larueplanning.com> (bill @larueplanning.com) Cc: Patty Burnette Subject: Question for Zoning use Attachments: blockl3 jpg Bill Block 13 0..07' voz Located SW 11th 8T and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage Current zoning is Holding? Was there an application pending on this when the maps were generated? The future appears to be RSF. Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Thank you Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763 -3372 ext: 212 Cell: (863) 801 -0177 fax: (863) 763 -1686 E -Mail: mmontesdeoca @cityofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." 1 -NON -12th- Ave- ----�- Patty Burnette From: Bill Brisson <bill @larueplanning.com> Sent: Monday, March 28, 2016 2:53 PM To: Marcos Montes De Oca Cc: Patty Burnette; Gloria @larueplanning.com Subject: RE: Question for Zoning use Good afternoon Marcos. Following are my comments with regard to your questions to me. For ease of review, I have placed my comments in Segoe Print typeface immediately following each of your statements or questions. Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage. Current zoning is Holding? Yes Was there an application pending on this when the maps were generated? Not that I am aware of. The future appears to be RSF. Yes, the Future Lavtd Use desigvtatiovt is Sivtgle- Family Residential avid Zovtimg is RSF 1 ( Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Of course, across the RR track to the vtorth it is Ivtdustrial. However, the property to the immediate east of the subject property is the ovtly ivtdustrially desigvtated property ovt the south side of the RR tracks west of NW qth Avenue. All properties withivt the City limits avid south avid west of the subject property are designated Sivtgle- family or Multi- Fawtily ovt the FLUM avtd Zovtivtg Map, avid largely already developed ivt residential use. 1 thivtk a Heavy Commercial zovtivtg for this property would be questiovtable. Heavy Commercial zovtivtg iv. the City has beat typically covtcevttrated alovtg major N -S or E- W roadways, or at least withivt a block or two of ovte. This property is vtot provided with the type of access or local circulatiovt pattervt vtorwtally associated with heavy commercial uses. Ivt order to desigvtate the subject property for ivtdustrial or heavy commercial use, the property owvter will vteed awtevtdwtevtts to both the FLUM avid the Zovtimg Maps. Certaivtly, desigvtatirtg this property as Ivtdustrial would vtot be out of the questiovt, but 1 the proximity to existing residential uses will likely be something that the Planning Board avid City Council will consider during the amendment process. In addition, because the property abuts residential zoning districts on both the south and west sides, the minimum setbacks will be forty Feet along these sides of the property. I hope this is helpful. Should you have any questions or wish to discuss this Further, please contact vote at your convenience. Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239 - 204 -5283 General Office Phone: 239 - 334 -3366 From: Marcos Montes De Oca [ mailto: mmontesdeoca @cityofokeechobee.com] Sent: Saturday, March 26, 2016 6:24 PM To: Bill Brisson <bill @larueplanning.com> (bill @larueplanning.com) <bill @Iarueplanning.com> Cc: Patty Burnette < pburnette @cityofokeechobee.com> Subject: Question for Zoning use Bill - Block 13 Located SW 11th ST and NW 7th Ct., see attached pic There is a question if this area could be utilized for heavy commercial or industrial usage Current zoning is Holding? Was there an application pending on this when the maps were generated? The future appears to be RSF. Surrounding areas along the rail appear to be industrial, I am assuming it would be a good transition? Please let me know Thank you Marcos 2 W E 2 1 3 6 7 10 IPUIIU .0,015.1.54 cauu I City of Okeechobee Zoning Map 111P1111 11111111Sig 7„ 5 24 %7 A 3: 2 1 4 3 6 7 9 8 15 16 18 17 20 1 22 ium 11111 .59 63. 71r 62 ; :61 1 65 59 rir :53- 52 3 2 1 2 1 4 6 3 C: 9 A 1 E F 2 4 A B 2 1 3 C 79 80 81 87 96. 95 94 93 92 103 104 105 106 111 • 130 '128127 126 125 l24J 121 120 119 118 .• -11111111111i11 5 136, 37 , 138 139 i 1 4 3 2 11114 1111111111116 12 11 3 14 A 11111111111111111111i 11111111111111111.11111 1111111111111111111111P: Nt 6 7 7 8 10 9 15 16 18 17 1216 197 J 14 13 a 16 5-, •235 236 237 242 Fuir4-1 F4412 239 249 243 244 245 248 21 696 1 1 ZONING a”*.•.' sw.clacira mosEss..y. of r On Nay 2015.enges wen made to en rg:47,1;1 CrazTra: ye...0.15.m emn..re me* nen. on., or okeenxt.. Ft wan Wawa 247 246 y 11 12 0 19 22 23 •2637 36 4432 24: 46 45 • 3538 .39 47 48 1 36 - 35 " 00 9 42: 1.• 4 ' 45. 3 2 '4 5 -1 3 2 4 5 I 9 8 10 11 12 .1 0.125 0.25 1 03 0.75 General Notes. Alleys shown hereon are 15 or 20 feet in Mai. See appropriate subdivision plat for sperm alley widths. This map has been compiled from the most current data available. The 000 07 Okeechobee 0 not responsible tor any errors or omissions contained herein Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 90 -454. - Outdoor storage uses in nonresidential districts. Outdoor storage uses permitted in nonresidential districts, comprising goods and materials, shall be screened from adjacent residential zoning districts by a fence or landscaping at least five feet high. Goods and materials shall not be stored in required yards. (LDR 1998, § 613) about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Sec. 90 -73. - Interpretation of zoning district boundaries. Interpretations of zoning district boundaries on the zoning map shall be made as follows: (1) Boundaries following a street shall be construed as following the street centerline. (2) Boundaries following a property or section line shall be construed as following such line. (3) Boundaries following a natural feature shall be construed as following such feature. (LDR 1998, 5 303) Page 1 of 1 about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 1 of 5 DIVISION 10. - INDUSTRIAL (IND) DISTRICT[6] Footnotes: --- (6) --- Cross reference— Businesses, ch. 14. Sec. 90 -341. - Generally. (a) Industrial (IND) zoning districts shall be permitted only on land designated as future land use category industrial in the comprehensive plan. (b) Uses in industrial (IND) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 400) Sec. 90 -342. - Permitted uses. The following principal uses and structures are permitted in the IND district: (1) Business office. (2) Business school. (3) Retail service, retail store including outdoor display of merchandise. (4) Research laboratory. (5) Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. (7) Bulk storage of nonhazardous material. (8) Off -site sign. (9) Outdoor sales and storage, building contractor. (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Printing. (14) Auto service station, car wash. (15) Drive - through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, transmission or operational facilities. (18) Veterinary service. (19) Railroad facilities. (20) Public utility. (21) Public facility. (22) Storefront church located in a unit in a multi -use building or shopping center. (23) Cafe. (24) Barbershop, beauty shop. (25) Dry cleaner /laundry. (26) Nail care. (27) Shoe repair. about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 2 of 5 (28) Tailor. (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. (LDR 1998, § 401; Ord. No. 1070, § 2, 1 -18 -2011; Ord. No. 1079, § 8, 1 -17 -2012; Ord. No. 1108, § 5, 3 -18- 2014) Sec. 90 -343. - Special exception uses. The following uses and structures are permitted in the IND district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Manufacturing chemical or leather products. (2) Bulk storage of hazardous material and flammable liquid. (3) Salvage yard. (4) Other industrial uses not listed. (5) Reserved. (6) Crematory. (7) Fortuneteller. (8) Permitted uses in excess of 45 feet in height. (9) Outdoor vehicle sales lot. (10) Adult entertainment: a. Notwithstanding any other provision of this Code, adult entertainment establishments subject to article V, chapter 14 of subpart A of this Code may not be permitted in any area of the city except as permitted within the industrial district within the provisions and conditions of this Code. b. Distance minimums. In addition to subsection (10)a of this section, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances: 1. One thousand feet of a permitted, preexisting adult entertainment establishment; 2. One thousand feet of a preexisting commercial establishment that in any manner sells or dispenses alcoholic beverages for on- premises or off - premises consumption; 3. One thousand feet of a preexisting religious institution; 4. One thousand feet of a preexisting educational institution, or library; 5. Five hundred feet of an area zoned for residential uses; 6. One thousand feet of a park, whether improved or not; 7. Two hundred feet of a preexisting government facility, and any halfway house. (11) Rehabilitation or half -way homes. a. That as provided in Ordinance No. 967, and included in section 38 -43, rehabilitation facilities or half -way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. b. That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida. about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 3 of 5 c. That such facility shall at no time house in excess of six sexual offenders, excluding employees and staff of the facility. d. That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry. e. That such facility shall not be located within 1,000 feet of school, public or private; a child care facility, church, public park, adult entertainment facility or a zoning district of RSF -1; RSF -2; RMF. f. That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. (12) Nursing homes. (LDR 1998, § 402; Ord. No. 743, § 1(11 -80), 3 -21 -2000; Ord. No. 976, § 1, 2 -20 -2007; Ord. No. 1067, § 3, 9 -14 -2010; Ord. No. 1079, § 8, 1 -17 -2012) Sec. 90 -344. - Customary accessory uses. Each permitted principal use and special exception use in the IND district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 403) Sec. 90 -345. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the IND district shall be as follows: (1) (2) Minimum lot area. All uses: Minimum yard requirements. Area Width As needed to comply with requirements set out in this division None about:blank 4/1/2016 Okeechobee, FL Code of Ordinances (3) (4) Page 4 of 5 Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: All uses: Front Side Rear Maximum lot coverage by all buildings. All uses: Maximum height of structures. Maximum Coverage 50 percent 25 feet 15 feet; 40 feet abutting residential zoning district 20 feet; 40 feet abutting residential zoning district Maximum Impervious Surface 85 percent (a) Except where further restricted or enacted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, for any structure in which workers are employed and occupy, or a structure not occupied but which is in the nature of a silo, spire, storage elevator, towers and similar structures, except telecommunication towers governed by [section] 90 -601 of land development regulations; about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 5 of 5 For all structures exceeding this height regardless of whether workers are employed therein, and including any structure which may be erected at a location that would adversely affect the navigational requirements and air space surrounding the Okeechobee County airport regardless of its height, such structures shall be permitted only by special exception. (LDR 1998, § 404; Ord. No. 898, § 1, 7 -19 -2005) Sec. 90 -346. - Additional regulations. Additional regulations which shall apply to all uses in the IND district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. (LDR 1998, § 405) Secs. 90- 347 -90 -370. - Reserved. about:blank 4/1/2016 Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 90 -447. - Yards on corner lots. Any yard adjoining a street shall be considered a front yard. One front is required to comply with the minimum depth requirements of the regulations of this article, the second front yard shall be not less than 75 percent of the required minimum depth. (LDR 1998, § 606) about:blank 4/1/2016 INDEPENDENT NEWSMEDIA INC. USA Okeechobee 107 SW 17th St Okeechobee, F 863 -76_ 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 `to a(.ce, in the matter of Z ,Z 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 be re me this day of Katrina Elsken Notary Public, State of Florida at Large AD ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: Aprh 20, 2020 '-'•`'' . `' ` Bonded Tlttu Notary Pubrtc Undefwiitsre /to-o0/-/f2 file eolol cite 1'�r cr- a 34974 '-r 34 JUL 1 / 2015 NOTICE OF ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the Oty Coundl of the Oty of Okeecho- bee, will conduct a Public Hearing on Toes, ul. 19, 2016, at 6 PM, or as soon thereafter possible, at Oty Hall, 55 SE 3rd Ave Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1135: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACE OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY• PROVIDING FOR CONFLICT; PRO- VIDING FOR SEVERABIL1T1fr; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Petition No. 16-001 -R, submitted by Jeremy LaRue, authorized representative of property owners, Dennis and Linndaaaa Wilson, located at 500 NW 9th Street, and is approximately 2.25 acres. The tow- ing yard. L GAL: LOS 110 O 18A& WEST ST ONE-HALF E -HALF OF LOT TC19, OF BLOF OKEECHOBEE COMM, FL All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected In its entirety by mem- bers of the public at the Office of the Oty Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any dedsion made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities (ADA), any person with a tldpate disability this prproceedl g, contact the Oty aeries IOtflce no later than ao �twa business days prior to proceeding, 863 -763 -3372. BE ADVISED that should you Intend M show any document, picture, video or items to the Coundl in support or opposition to any Item on the agenda, a copy of the document, picture, video, or item MUST be provided to the Oty Clerk for the Oty's records. By: Qty Cle k% Lane G miotea, CMC Classified Proof Client 161381 - CITY OF OKEECHOBEE Address 55 SE 3RD AVE, Attn: Bobbie Jenkins OKEECHOBEE, FL, 34974 Order# Classification Start Date End Date Run Dates Publication(s) Sales Rep 476781 5005 - Public Notice 07/08/2016 07/14/2016 8 newszap.com - Florida, Okeechobee News 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 bjenkins @c ityofokeechobee. com (863) 763 -1686 Ext: 0000 Requested By PO # 4075 Created By JLEVY Creation Date 07/04/2016, 08:34:16 am Dimensions 2.4067 " X 3.5667 " Phone E -Mail Fax (302) 741 -8297 jlevy@newszap.com (302) 741 -8215 NOTICE Of ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE I5 HEREBY GIVEN that the Oty Coundl of the Oty of Okeedro- bee, will conduct a Pubic Hearing on Toes, JLI. 19, 2016, at 6 PM, or as soon thereafter possible, at City ball, 55 SE 3rd Ave, Okeed,otxe, FL, to consider final readrig for adoption of the folio0rg CYdnxanco into law: No. 1135: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF Ti* CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR - TICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PRO- VIDING FOR SEVERABItITY; PROVIDING FOR AN EFFECTIVE DATE. The Ordnance is regarcing Rezoning Petition No. 16001 -5, submitted by Jeremy LaRue, authorized representative of property owners, Dennis and Linda Wtsopn, �llloocated artt 500 NW 9h Street, and is apraprroximr tely 225 for a tow- acres. The irg yard GAD: LOTS 1 TO 18 &NEST ONE-HALF OF LOT 19,t OF BLOCK 13, NORT -ME5r ADDIRON, PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL. AP members of the prblic ae e,00uaaged to attend and par idpate in sad Hearing. The proposed ordnance may be inspected in its entirety by mem- bers of the public at the OFico of the Oty Clerk d:nrg normal tosinass hours, Mon-Fri, 8:00 A1-9:30 FM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Carroll with respect m any matter considered at this meeting will need to ensure a verbatim record of the pnxeed g is made and the record includes lire testimony and evidence won which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a dsaality as defined by the ADA, that needs special accommodation to par - tidpate in Os pxeedrg, contact the Oty Clerk's Office no later than two business days prior to poceedrg, 863-763-3371 BE ADVISED that shrod you intend to 0)105 any document, pique, video or sterns to the Council in support or o(_posi5on lo aoy item on the agenda, a copy of the 6:cu rent pidae, video, or tern MUST be provided to the Oty Oak for the Otis records. By: Gty Clerk Lane Gamotea, CAC 476781 ON 7/0/2016 Order Price Tax 1 Tax 2 Total Net Payment $94.50 $0.00 $0.00 $94.50 $0.00 Proofed by Janet Levy, 07/04/2016 08:34:43 am Page: 1 INDEPENDENT NEWSMEDIA INC. USA 11rla1 R Fi Ate''" 4 Okeecho. - ewsRttE /VER 107 SW 17t ;.eet1 to D Okeechobee I.orida 491774' 2016 863 -7 3134 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 in the matter of advertisement being a in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of iji i1t� �ol(� 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. ✓ Katrina Elsken Sworn to and scribed be day of re me this Notary Public, State of Florida at Large AD • PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBYiGIVEN 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 pNible, at City Hall 55 S 3rd Avenue, Council Chambers, Rm 200, 0 bee, 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 Wert' of Lot 19, Blodc 13, NORTHWEST ADDI1IION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25 Publk Records of Okeechobee County, Florida and Ls 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 "Quasi Judidal" 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 will be forwarded to the City Coundl, 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 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 indudes e the dance with nAd Americans wrtth Dwishaibch tess A(ADA), be an yapersoIn n with a disability as defined by the ADA, that needs speoal 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 Item must be provided to the Board Secretary for the City's records. BY: Zoning O A 5/1,11/2016 mi toor Marcos Montes De Oca, Petition No. 16 -001 -R BY Classified Proof Client 161381 - CITY OF OKEECHOBEE Address 55 SE 3RD AVE, Attn: Melisa OKEECHOBEE, FL, 34974 Order# Classification Start Date End Date Run Dates Publication(s) 475873 5005 - Public Notice 05/01/2016 05/11/2016 10 newszap.com - Florida, Okeechobee News Sales Rep 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 mjahner @cityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO # 4075 Created By JLEVY Creation Date 04/27/2016, 08:53:46 am Dimensions 2.4067 " X 3.6733 " Phone E -Mail Fax (302) 741 -8297 jlevy @newszap.com (302) 741 -8215 PUBLIC NOTICE CONSIDERATION Of PROPOSED ZONING RECLASSIFICATION NOTICE LS HEREBY GIVEN that a QUASI- 3UDICIfLL PUBLIC HEAR- ING will be held before the Oty of Okeechobee Flaming Board on Thu r. May 19, 2016, 6 Phi or as soon thereafter as tie, at Oty Hall 55 SE 3rd Avenue, Count CFembers, Rio 200, gceeth bee, FL, to consider and receive irynt on Rezoning Petition ND. 16-00142, submitted by ht. Jeremy LaRue, m behalf of the property owners, Denis and Linda Nflson. Petition No. 16-00141 requests to rezone vacant property located at 1000 Northwest 7th Cart, from Hold (H) to Industrial (IND). The proposal use is an outdoor storage lot for a towing yard Legal: Lots 1 through 18, inclusive and the West of Lot 19, Bledr 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25 Public Records of and Okeechobee County, Florida a is appronarn>ately 2.25 aces. The petition may be inspected at the adtess above diving r err business hors, Nor -Fri, 8 PM -4:30 PM erg for holidays. The Rao is encour- aged to attend. A Public Hearing for a rezoning petition is handed as a'Quasi- Judicial" pro- ceeding, meaning the Flaming Board is furctiaing in a mum snilar to a c and mnnts�t t o ard k questioning iM presenters Lhe panning pprride F city ward to arrNe at sound decisions. The recommendation vnll be forwarded to the Oty Cnutdl, tentatively sdnedrled on June 21, 2016 (Rrst Readrg) and final adoption Pudic H®rtng on July 19, 2016, 6 FR ANY PERSON DECIDING TO APPEAL arty decision made ty the Planrirg Board with respect to any natter ordriged at this meeting will rend to en- sure a vrerttattirn record of the proceed Iesarngaddeel and the record Includes the l dine with the Nrerioms < Disabiibes Pd (605), any parson with a dsablity as defired by the ADA, that needs speed accommodation to par- ticipate in this p-oaedirg, contact the General Services Office no later than two bLdress days prior to proceedrg, 863 - 763 -3372 BE ADVISED that shodd you intend to show any doanxrt, picture, video or items to the Plarrrrg Board in support or opposition to my item on the aged a copy of the do3mat, picture, video, or item must be provided to tine Board ry for the City's records. 6)': Zoning Administrator NOruns Mortis De Cal, Petition No. 16 -00141 475573 ON 5/1,11/2016 Order Price Tax 1 Tax 2 Total Net Payment $214.65 $0.00 $0.00 $214.65 $0.00 Proofed by Janet Levy, 04/27/2016 08:58:59 am Page: 1 c) City Attorney to read proposed Ordinance No. 1136 by title only. 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WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeremy LaRue, Authorized Representative for Dennis Ray Wilson and Linda May Wilson, property owners, has heretofore filed Petition No. 16- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.25 acres from Holding (H) to Industrial (IND) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 19, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 2.25 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 18, INCLUSIVE AND WEST ONE -HALF OF LOT 19, OF BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Holding (H) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1135 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (No. 16 -001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 215` day of June, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1135 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General 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 -(L Petition No. 1(0 - (_)(_)I - r\ Fee Paid: ((i (,.g2.1 (t..$ijo in/Jurisdiction: Pbcj2c 15t Hearing: 19 ,w�, 2nd Hearing: 'r ° r1- g: )\ i� 9 � I` l�. E l4 l� Publication Dates: (? ^ !'�) Notices Mailed: 51 II 1 i to Rezone, $peclal,Excepfionfand Var ance QFPLICAlT:INFQ.RMATIO. .. _�. s 1 Name of property owner(s): DL io I c QAv LJ yL -y / t L IAD A /fh' 4J1 L 5oj/ 2 Owner mailing address: j I o a NIA) `? -T-1'es ot, „. ieb„FL 301- 3. Name of applicant(s) if other than owner �Ev Cm y L.h -L 4 Applicant mailing address: TO .p,„cx I c.( i D/tiez theb e_ h. :2,i4 9 7'3 E -mail address: "7 T AL �OA.-D51DC SE-20 TLC a /IOTj1lAIL , ca/n 5 Name of contact person (state relationship): J Eke .? /._ , p„t)C 6 7 Contact person daytime phone(s): '8(03- (p -zzjJ ) ti 08 PROPERTY INFORMATION p{'y,(e eT0 N A- L IL TL 3((5 '7' (DIL /EC Property address /directions to property: 1 ►mot w ~1 -11C-1- 8 Describe current use of property: NOM E ( WE14 :z 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. V' CAN) 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: HO 12 Is a pending sale of the property subject to this application being granted? )43S 13 Describe uses on adjoining property to the N rth: North: -3” isJ V STV.=PrL R�i�- =' RD) East: ! tv� '-��- 1,0171-FE NHRJEST South: STOVE wu-E la 'F H) West: 1,7crlr •Li-5 ls03-,-LSo/J (S r N� AWLICA i4lT 14 Existing zoning: I4vt-7 -T1 Future Land Use classification: % ∎1 S F 15 Have there been any prior rezoning, property? ( )No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: (X) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3- iz-- II _3 S c ` CQ O _ 00 U O ._ 001 0 (Rev 09/14) Page 1 of 11 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 E/ A to gstiq Printed Name Date EITe f Lotwe a 101 &Ice 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 Applicant's statement of interest in property: ) 1 A �-'- - O V 1 c c' z Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 19 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 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:1 -' / 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 E/ A to gstiq Printed Name Date EITe f Lotwe a 101 &Ice 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) R °- 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 ADD:ref QNAL OR ______ _REQUIIt D: FOR A REZONING A Current zoning classification: at) l J :; -1S Requested zoning classification DoS l z. . A C. B Describe the desired permitted use and intended nature of activities and development of the property? . --- 1 c_c..D _ ■ •-Ni y6 0? C Is a Special Exception necessary for your intended use? (PC) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( )3 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) R °- 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 ATTORNEY #2l Name of Property Owner(s): ��l\ LL C R is � i �-0� L Eel D is ,(Yl A V LJ ,3_ Lo(\{ Mailing Address: f f a N� 1 ! , , C.iiA cE C L�LL 1.---L -3 tr1 1 `] Home Telephone: f Work: `3(E3 -4-,5i) -3130 CeII: Spim c Property Address: Parcel ID Number: 3 —1 u— VI 35 _ O i Ce O . 0) 30 -- (C)1 D Name of Applicant: J 0_, r m y L Pt P-17G Home Telephone: AG-3.._ (c? .ITA Work: Cell: (0 (' q 1) 1 U U The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF- 20 . Ari,„: OWNERWITNESS 1 . \ 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 above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this /5 jday of %%ioi 1 1 2016 !)L)?6 Notary Public: �/ SEAL ,,,,,,,,, DANA M. THOMAS 1�RV PVB �i Commission xp es: 4, i f , ' ; ?o ��: Notary Public Stale of Florida i..\b t1iie •lv��sv�t�a. — = F 942560 (Rev 09/14) s %o;= My Comm. Expires Mar 31, 2020 ,,,r,,,, Bonded through National Notary Assn. Page 5 of 11 Q(oi n Petition No. / -''6 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 414 1 , r -2(' 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 117/ /1 (.(7. S "gt ,2 an Pure of Applicant Date e 'c ,`Y1 L/& the- Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 1 day of Apiri ( , . Personally known to me or produced f Itri(IGt_ 1 if i VP IS L 1 C'enK identification and did not take an oath. ,ttl,/ b k, Notary Public, State of Florida ave Vit Notary Public State of Florida Patty M Bumette My Commission EE 218356 Eriglres 10/02/2016 (Rev 09/14) Page 3 of 11 O) CO O) O) V O) N N r- O O 0 O CO N O V 0 O) O O 0 V N F- O C) 0 0 0 O N (O 1. 0 N 0 V 0 LO O 0 O 0 O 0 0 o V V CO N CO 0 0 0 0 V V O) 0 r- O V O V 0 0 0 N N V N N O O N O N N V N N 0 N O N 0 0 0 O O) O) O) O) N N C) m C) V V N N N N CO N CO N N N N N C) N Ummmm(-n r- r-nt-N- - nmonnr'-rrnn V V V V CO CO CO O) CO W O) CO O) CO N O) Q) CO W m O) _ C) C) C) C) V V V V V V V V V V M V V V V N V N (O C) (O 0) r) r) m r) C) r) C) r) CV r) r) C) 0) (O 0) Cl C) I- 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 V) IL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U. LL W W W J W W W W W W W W W J W W W W W W W W J W W W W W W W W W W W W W W QQQQmmw j mmmmmmmm jmmmm m 1--.1-.12F-0002000000000--'20000Z0 Q 0 W W 0 2 2 2 0 0 2 2 2 2 2 2 2 2 1 0 2 2 2 2 O 2 Z W W W W 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 U 0 0 I- 0 2 2 2 2 W W W � W W W W W W W W F- Y W W W W Z W o o 0 o W W W U W W W W W W W W IY 0 W W W W W W 0w- w- HF000- ,000000000M-,0000 }- FF 0 ADDRESS 3 ADDRESS 2 500 WATER STREET J910 C/O CSX CORP 4300 SW 53RD PLACE U W W >I- > 0E-Y F- F- F-cc 00 >I- F-FF- ¢0QF mn- F - (n 0(n H Q0 0()0 ��xxxOm22`�xx2�`�amxxF Ix-�2 y v v v v~ r- r- w n 2 F n n 4- 12- W 2~ t, n r- F._ W0000zz< zco zzzzwco zzzWz Ommmm2 V�v m(0 mC)vo ZO�Z. -.-N Z(n p0000NO000O(V 0)o00�r V m V 0 W o o.- m0CVot- OI- Om m 000 Q LL CL LL 2 n r (O (O m r C) O) m Q t` : CC s- 0 U w< w W Q 2'_ J Z m W Q W W s z �� 00 P co z2 20Q 0((10Q = QaQ°+�� 0000UQ)LLI Z(Aul W I- W 0 JU_otsZ W Q JJJ JOI- OQ' W 0Z 0 oil W 2'WJ (00 p000x°3 Ff -pp2Z�g 0.2 SQ W o1)2W Z Z Z Z 2 W Fa- 2 W L Q V O Z U d 1_ ct ee 2 5555 F W>.}›-›-W‹ re U�U2 aCC�z Fo E»20J_ -)4: 00�a: a ZcoWz00 Zzzzz�NLJwz<wo>WECL(1)0W W w n�a)g w Zz § §IZ— LzOMwzr- �W¢¢eCZW >_<CPWOwo LLNI-m Z<<<«<2X2Y�50W W0zO -1pW W _Ji-F- 3 W W W w x x< (n 0 J m a¢ w? O Q 2 W W__ 0 mmmmococ.)c)copwwLLc702 209E -3> 355r O O o 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O) (O C) n V C) m N (O C) m O) O O) O O) m m c- (() c- 0 0 0 c- O c- O r - O n- 0 0 0 0 0 N- o 99°°°999°9999D°9°9°9999°° 000)000000000000000(0000000 (0(0(0(0((O(O C)(O m0)m(O(0(O C)C) 0 m mm V r-(O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 0 0 0 0 0 0 0 0 0 m m m m m m m m 0 m m 0 m m m m 0 m 0 m m m m 0 m 0000000000000000000000000 0 0 (n (n (n (n (0 (o (o (o 2 (o (n (n (o (o (n (n (o (o (o (o 0 0 0 J M C) C) r) (7 M M M C) C) (h (0 P) 0) (7 0) M (7 C) C) C) 0) ( (h C) W m o o r r h h (- m r r 1? m m n m m m r 0- 0 C) C) C) M C) C) C) C) C) C) C) C) (O C) C) C) C) (7 C) (O C) ce m (o (o (o (o (o m (o (o m m 0 m (o m (o u o ro 0 m (o (o o m OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS /,MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER 100 FT Surrounding Properties Drawn By: RU55 DUNCANCFE, AGRICULTURE /MAPPER Date: 4/1/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 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 BK 767 PG 1116 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 11/20/2015 10:27:52 At1 AMT $20,000.00 RECORDING FEES $18.50 DEED DOC $140.00 RECORDED BY M Finon F9s 1116 - 1117; (2 Pas) (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. DoubleTime® Book767 /Page1116 CFN #2015010666 Page 1 of 2 • Signed, sealed and delivered in our presence: Witness Name: $ TE L /2 S $, i aH -�- WarcQ�jr, 1) Joe H. Baker J illiam Jason Tomlinson -7‘2 (Seal) State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this I 1 d 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] 0' 0 =�c Ouil (7airn Deed - Paee 2 Heather Edwardson COMMISSION / FF125216 EXPIRES: May 21, 2018 WWW,AARONNOTARY.COM Notary Public yy-- 1 Printed Name: t 1La.'I F'1 -eAY G w c r" d' Qy) My Commission Expires: rra 13 albAoiR DoubleTimee Book767 /Page1117 CFN #2015010666 Page 2 of 2 0 XI a ri xl m � m S 1^ m1 A 1 1 8 3 'rn i yz LF I I /`€k _— — L n No s 'IA i 9 1 m0 010 DW i I 1 • AN ZN Wi m Dp P i ID r W '1'4 .° st' ...s, \'• ‘17■4 .'n'.11 i0 Nl D m 0 N 1g II I (�, \• • NW I ITH AVENUE I ry Iw✓+P.T •n .r OO'07'32' W 210.00 4 t \ V s• Y]d {I g g. I �� m 1 I ; O` 5 00 0650 E 105.00 W f 0 p 5 O0 "05106' E 105.00 k d • \',�,� A. NW 1271-1 AVENUE ' 106■070010/ ,0, I°,� ..a 1 1 ■ I I I 1 1 i w n El2` m -a '�- NORTH 11. q. II_ u_ 11 11 q 11 11 11 11. 1. 11 11 11 a. 11 11 II 1 11 11 11 11 0 TOPOGRAPHIC SURVEY PREPARED 7VLIOJ fJ0LJ 33IA2J S gUISQVO21 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16-001-R & N1:111:weinent Scr% ices. Inc. I ‘trc.■ ›ur. 2ut. N1,I Sk-rving loc31 (-;overnment: Simi. 1088 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 '/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. Sercin}; Ilurida 1 ii C.:n x111111 n ticn:r 19R8 1 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 xisting 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 vacant Industrial Industrial Industrial, Witter Harvesting Single- family RSF1 Single- family homes and vacant Tots Single- family Residential RSF1 Multiple single - family dwellings serving flueitla l., 4I G.nerann:nln Stns 19!i8 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 ". 1 :fv 3 wctin }; Clouds .x.11 ]in., I'P5K 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. ',jcering (-; nmcnl, Sinn: I9R1 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. Sen'ing fhi -ids Lxa GO%rrmucnt, Sine, MSS 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. tirzrin }; 1'lurirh 1..?l.rl Gintri meal+ jintr I�1:iH 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 Svn in}; Hon 1.1.. 1.4.11 G.n r 111111i-1H, Sir; I?'■H Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 14 NVVI COMPRBIENVVE PLAN LAND USE SINGLE ui"'" FAMI COMMERCIAI. NDLISTR,AL IIIUBLIC PACO. -ES RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1983 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R 10 ZONING SUBJECT SITE AND ENVIRONS V/IM ZONING .:.BD - COUR B4SiNESS DISTRI;." S CNN? . MEAW COMMERC =AL * !XT• LOW COMMERC[AL CPO - COMM PROFS S$FDNAL +J'°ric NOLDR4D l .tNOUSTRIAL Rue - PUBUC FACLITtE.S P,iD -MIXED PUD-R - RMF RESIDENTIAL 1,1UI71E41/fr RMN - RESOENTIAL MOUE ilp4'E RSF• - RESIDENTIAL SINGLE RSF:. -RE S'DE NTIAL SINGLE FALM Lr :. Serving Florida Local Governments Since 088 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 19$$ 10 MAY 19, 2016 - PLANNING BOARD - PAGE 5 OF 7 W H 0 0 V) N N 0 0 U Q 0 o _- p _ > �C O 0 U o .. (6 m (6 _ 0 'O a) a) O 11 o _ C C UO N .". E-0 L O o a, Q U) a) N N Ta O c 3 O Q U - N c O Z N -° U M a) C D a) (6 V) E U O o O O Q m Q O O °- O O Oj O a) iiii D O :c a) -a J N Y t6 o 0 -O J 0 CD as a) O O0 a) (6 CL ,c O CO C O N 'm (6 0 N a) °) 1 o ° U L >, 0 U Y O L N (1) O O = co O 0 O O L O C O " OU N O to On O "C? (6Z _J -� = c .O CL CO "cu N O 'U U a) L Q ° rn-C o (1) 0 Chairperson Hoover asked whether there was any further discussion. There was none. W O } a CO BAUGHMAN - YEA BATTON - YEA McCoy - YEA HOOVER - YEA MOTION CARRIED. O'BRIEN - YEA JONASSAINT - ABSENT MCCREARY - ABSENT oi U) •C p C 'c a) C to 0 N a) O w N C O C J (6 N T .L-- 1 co N O OU y 01 C CL - O N cn L .T� T _C "� -O O as as C c N a) fn a) o m O L -O 3 j ° o C) op a O O O 'a U O O O Q ilil C 0 L 'O ` c6 C a) ` L.= a) O U CL O U a) N O O N T a Y C C -D O C U (6 a) O a) C.. O C CO .1S O -O L c6 @ O C (On a) ca L N O CO CO u C L -C -.--. (? co O - O 0 O O N E a) N 0 0 o_ a) > O a) 0 a.-) ° - c[ L "O .5 C ca_ . V ~ N ca C sts . o az C T 0 0 U • O E O Q Lo- _ 2 .` N T O C d E O m m U O N O c 1 -O a) co U -E a_ L a, a' °� 2 .0 m Q L 2 'O o o c L O O O (6 U o rn� Z a) d c - U vi C a) a) p O C CO o � 0 m�� p `n aa)) ai L C a E m i 6 ° z ° E c >., ..0 -O O a1 O O c6 3 c c • o E a) a) (6 a) ° ;= o c a .0 O E a) > Y U O o N a— 0 0'iv 0 O_ a' 0 O t) 0 O_ 2 a) • L -o O O Q CO (6 V . CO O N N .0 O) X N'� o Z a) s _ r 'a 9 > °- co (6 C o O N -06 (n C CL V N O U -0 O a) Z N (n 0 Q O c E O a) 4= >, c rs V) a U O n O C M (6 Q' N co 'C (6 E E CL (°n (6 T co J O O C o a �— Y E (n c a_ m ani CO .0 .>,-- O N O a) aj a) d' N p O C C a) N -O m d> N., C C L C a) N (6 N Oa 1� NO J O (6 0. 1- 2 d J Q CO > Mr. LaRue was present to respond to questions. There were none. N O O O (6 O T U � a) ca ° Q o � d U C a) Q O.) O 4) .L� L E O O N C to O O o_ a) (n O (6 0 o N ZT c c6 E E a) O o_ . U (6 (u) O_ a) T O c (6 O a) c 3 10 o O o_ 17, N o ` rn C C_ _ C (n o 0 a > N - as a Y c6 N (6 N O � 3 a O O _ � E C °. N O a) a) 1— d O a) U C Ci c C o 6 o 1 (6 (6 O 7 a) Z O"" CT_ a Z (6 O0 N o p n a) (n o ° E O- w+ O S L� c O CL CU 0 U a > O T a O CL 0 L 0 Z c C O O 0 O — Q O C 0 O O J co 0 C O T O � O O U c T N s (-4,5 E 'o) o E c 0 _ ,) -o U a 0 ¢ a a0 a) O a _0 Y o O 0 O .0 U ~,-,4 'a O u O O C a) C a) D_ J 3 (6 0) O °' D_ L v) C L .0 N (6 LO - N Q j T.0 O a) -o 0 Z C O .fl (6 Z O O O W L • 0.) L -0 "— a) c (6 � . W E 3 CO N N a) Y Q z E L 'c Y U (NI c° c6 OU -p = C UO = T c O a) a) ° z ■C o (n O m d a) L (6 ' O O a o c 6 a W"6 --7_.9 C O C p CT E CD N X 0 (n O N O O O Q Cr) W CO = J N a a ) F R O_ Q O N C/) U I— Ca 0_ • 6 (-1,) n E O CL LE 0 T Z 2 (6 E7 w . O O N e L C N Q f6 , d = O a) c0 O O Q . , (6 -c O C -O m a N O C 0O -0 • m O � N Q°0 0_ 25CO ()U Q ° m J Cn CO Q a CO c o Hear from Planning Staff. V— N Hear from the Property Owner or Designee /Agent — Jeremy LaRue. M V MAY 19, 2016 - PLANNING BOARD - PAGE 6 OF 7 ACTION - DISCUSSION - VOTE _N co o 2 C o - L a c c� -3 o -` 4) z 0 _ o-63 U c rn a) -G - o . a) oQ r E a 0 0 6.2 J= N t o L a ° O C ` >c 'i— 0 0° � N C p 6 a s ° C (6 > .Q O- N o N - 6 L m C ` m c - .•> iU .L o m °- a N C N as Q v c v N s 'o ac U - a) o O N - .° ° ui O a) O Q= a p 0O = N Q w ) O O U '6 Cl_ ifs _92 O 0 U a a O O aN N2° E (6 a) C . -- Q (6 0 a ` U - O ° Y ,...s _ ) O j N c O N 6 CL N O (6 -c O g) O O a L N Q>., 6 c N a O am a 0 a)p a) O Q a m a C n= U 6 j O _o N co O O aL V d c O N LL ° O O S N U 0 O C 0 3 � o a o-E o T aa� • ° ) Ca .0 °) a) 0 O a) O a3 J C a) .(n N Z ' 6 °- -0 _. O Ca C .N Q c = n Qa O Cn a Q) p C a a) 4= O O r- . C C N O_ N U O- C L '� c0 p ,. 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O •� d O N 0 'D -° `°' O z o CO Q C O O a' ~ a) a) a) (6 - L .T ° O > -C a) N O C C CO '6 CO .m as :—° °. a) oL oY-° °—:-- o -C -C 0' a:` 7 Q co �O co N OO N O as O (6 a) _o a 0 0 C ` > O ° o a) .--• a) O U dLL (0 NL 0WWU O 1- o -0 Z a) 0 0.E dN.- CC U Chairperson Hoover asked whether there was any further discussion. There was none. 0 z 0 O 0) d 0 a (6 0 O W a) Z T � J Z N O U O W .- U - C Q E E U ° � U - V) e X � W C 0 o O z O U ce O Q O p w N J CO Lri a 0 b) tielaJ3as `allauJn9 W D mgm D Cll N Q --1 m n 3 3 co L M n tD N CD N O m o o S v D (D ( O Z o ° m n c o m o ca 00 c). m o (D z 2 Q- c. v —1 n Q 3 N Qn D °A D n m . °' a -. N _ Za m m >2, n ((2, O C' N O y a N 3 0 at N 3 O N O < N co o a 0 a3 n (U n a a ,. 0 (D O < cD N N d N O 0 U O O = < n O 0 *. (D Q . Q 3 n . Q O C (D <D O o c ? ° m N N o O n O (D v N 3 `=G co- -,..._, m O N CD (U O -O n 0 n 0a 7; m (D m () y On 0 N m ° o' N n 0 N O 5. ry N Q_ N n . o n (D co uosJadJlegC 'JanoOH '1 umea z m C 1 z m N Sr) CLOSE PUBLIC HEARING - Chairperson. C 7 r = rn ° O Z7 rn og 03 fl f3 CD O C -< D o N m o — O N. v Z CD n 9W> 3 r Cr o rn O rn O co z 7 O -1 3 C CD CD m CL O (D 0 0 0 (7 Q 0 m z There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:49 p.m. 0 : 3 co co CI) CD 0 y 7 O O O O 2 Cp o O CD < (D CD 7 (U O O CD : CZ CD o = 3 CD N R1-4 0- CD 3 CD N CD CD m FE) CD (0 O 3 to 3 (D 7 N O 3 (D fl) O Q 0 (D CD 0 3 (D CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. JONASSAINT - ABSENT MCCREARY - ABSENT V3) - N31d9,0 '0312DAV0 NOI101A1 V3A - 213AOOH V3A-A033W V3A - NOl1V8 V3A-NVINHODVB 0 P1 m 310A - NOISS(IOSIa - NOI13V MAY 19, 2016 - PLANNING BOARD - PAGE 7 OF 7 b) Vote on motion to read by title only and set final public hearing date. 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Q U c m c c � O a U_ (O 0 .n o °z co 0 (6 c 0 Qc .° 0 ,E o_ a C0 N T 2 m m 0 (0 c O o - a) LL Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 1136 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1136. ORDINANCE NO. 1135 Exhibit 2 June 21, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 001 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeremy LaRue, Authorized Representative for Dennis Ray Wilson and Linda May Wilson, property owners, has heretofore filed Petition No. 16- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of and consisting of 2.25 acres from Holding (H) to Industrial (IND) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 19, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 2.25 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 18, INCLUSIVE AND WEST ONE -HALF OF LOT 19, OF BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Holding (H) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1135 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (No. 16- 001 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and and set for Final Public Hearing on this 21st day of June, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1135 Page 2 of 2 James E. Kirk, Mayor v.�� v• v1 \V VVUV)J�v !General Services Department 55 S.E. el Avenue, Room 101 Okeechobee Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 v,+.v. �y -iJ ,<Y - - -'--------- 1 \S! vv, • \. Fee Paid: C/11.0,g2.1 ev o inJuris''- lion: p6 oc, Hearing: Ala 19, ,;Q j(p 2 "6-HMAring: U. a I_ icp f 11 -alb Publication Dates: (tenipfl ve) Notices Mailed: 51 LI I I to y ... - ...'_° C:^..... :a — c :T'. a;c .e .t. per --- ,�f�rva.:a. i:. _ :!t:• 1 ;::;: an ' e fio a 'd >Van - � ��S � ec�1al Exc n n ":` - Rezone- P - _ w' mob^ - ^`.� `��....,- . �L - �,:= - ;�.. . ';PPLICAN_ T,: JNF_ ORM/ aTIC QN_,_ ��.,...._; r>:..... �. �.,:1._..._..._.__.__-- �- -' -' -� ..._..= ..'r�...ciL-..c c��. �rn..l v,_..._....._..Ta..'- �,c_.c -._ �. .. _ .. 1 Name of property owner(s): li�>,0 I S it,, vAY tu 1-i_ t J--C4D /) nu I/ 1J1 x-50// 2 Owner mailing address: 1 1 p a Nio i TIN CT c ,,,ckvhec FL 3i47t1; 3. Name of applicant(s) if other than owner \ acm 1 t.I 2L12 4 Applicant mailing address: -Pp -e-3,0x 1 q `I Qt'eedt ee- F` ,_,- L 9'7 3 E -mail address: �6TAL v bA-DSlpc 61i-V1-C& 4'M/A11. , coin 5 Name of contact person (state relationship):. E g• L. (avC 6 Contact person daytime phone(s): '&03- C.2-64- - 08 — _ - .. \. - _ ?_�g.2.�'-�TT.�- :..f...- :T�• _ -- .•Y.ti•a :!`i.- _•1t.:: _ __-'..tT�'-- -.'[:(' aT=• „1 -ate' -: •t� � _.� ?-'• _ , =�� :�� .O ONE == -- - ', ,.,. _ t;;: _:ROPERT ,,,r :: ,RMATI >1 - ti...�.,..; = ::..::..,.,... 7 Property address /directions to property: �0 e e, D F N T A_ ij"u ~trt —`'c orEecUc>'aEC FL 3(15 `7a 8 Describe current use of property: NON c 0 ?c A yr .i L:b 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. V AcAN 1 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: Na 12 Is a pending sale of the property subject to this application being granted? T45 1 Describe uses on adjoining property to the N rth: _ HRJES I -1 North: -r J9ST�Esa �1— l Ri �Ra East: L — _ . Rt. C. 'W1TER 1- I South: S-jcE u-1 S fH° West: 7Erl■=S �-L C \ IN-P?ure__ P-tT 14 Existing zoning: 1- )vL�1t,\L_• Future Land Use classification: J SF 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (9C )No ( )Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (2) Rezone ( ) Special Exception ( ) Variance - 17 Parcel Identification Number: 3 -1 l- 31_3 S- Di (© .r (3 U2 () _ 00' 0 (Rev 09/14) Page 1 of 11 —b Yri: 18 t rr - 4rn_ _ ,Y._.. :_ QUIEAt T?TA CHMENT S: = Applicant's statement of interest in property: ( IA Rl V't<'Dc:)cD 2-- 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre `1 -7" 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 I Printed Name Date 'or gstill relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 c1 (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) Ai, It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of Lthe 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 . ADDITION INFO R ' ik--- '' QUIRE- =FO1t ,.,..2EZ. Mig . ... . A Current zoning classification: 1-I-o t J :r `1S Requested zoning classification lit4 DOS 1 Z.1 A (— B Describe the desired permitted use and intended nature of activities and development of the property? C Is a Special Exception necessary for your intended use? (PC) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? ( )q 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 Trip Gene at 1 c- IA must identify the number ofnet new external trips, pass -bay calculations, internal 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) Ai, It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of Lthe 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 require,. r rezoning or change in land developmf •egulations (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 light 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 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. 9. The property has not been inordinately burdened by unnecessary restrictions. laity of UKeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 -763 -1686 LAND USE POWER 0 Name of Property Owner(s): DE-NHL cJ f> f ✓ LOILSO�( L Ej�l D (� V R FYI A ; LL l_-0(\t Mailing Address: 0 cya 1,1,,„ �, OK CO-aCE L L c Home Telephone: Work: `(c3 - t,6q _ 313c Cell: syn c Property Address: Parcel ID Number: 3 -1 (,_ 3hi - 35— 0 /(eO— 00/ 3U -- op lo Name of Applicant: CAE: m Y LA p_suG Home Telephone: 'afZ,_ (e.34 - IVI(jWWork: Cell: (e) 623q - I) '100, 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 (A;l'" �% OWNE4- WITNESS r OWNER Before me the undersigned authority personally acknowledged before me that they are the power of attorney for the purpose stated therein. Notary Public: � /• appeared the owner(s) named owner(s) of the real property described Sworn and subscribed this 121%,16 WITNESS above who upon being duly sworn above and that they executed the /5rday of /L//ii 1 20 / f, SEAL, DANA M. THOMAS ;2o�; "SUB. ; Notary Public - State of Florida Cpmtnkstnn N FF 942560 Commission xp es: j/ r - _ " " •M�° / �' ( (Rev 09/14) a`c My Comm. Expires Mar 31, 2020 • %' °,,L'�` Bonded through National Notary Assn. Page 5 of 11 Petition No. 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 / -PA# _ 1 , -2C i t e 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 1 day of (- P 1 X01 C� . Sftgna ure of Applicant eye .m LAiZ » Name of Applicant (printed or typed) State of Florida County of Okeechobee 101(e Date Sworn to and subscribed before me this 1 day of PTV/ 1 , ,.0/10 . Personally known to me or produced - l orid1 f,_ hri VP rs if cen s" identification and did not take an oath. -Pt* Bkuothr-c Notary Public, State of Florida (Rev 09/14) X40 i'414. Notary Public State of Florida 4 °, Patty M Bumette 0` My Commission EE 218356 &aplrea 10102/2016 Page 3 of 11 W O O 0 0 N CO W Z U ADDRESS 3 ADDRESS 2 m N w re 0 O Q O) O) 0) D) V O) N Nr CD O CD 0) O N Ov 0m 000 <- c N r O O O O C O N ) D r O N 0 V O 0) O O O O O O O 'Q' <f D) N m O O O O 7 O) O r O V O V 0 0 0 N N 't N N 0 O N O N N St CA N O N O N O O O O) O) 0) 0) N N 0') O C) V O N N N N W N CO N N N N N C) N (O CO 0) CO r r r r r r r r r m 0 r r r r 0) 0-- 0)0)0)0)0)0) CD 0) N CD 0) 0) Q) O O) C) C) C) C) V .ct V V V V V V V 'ct C) V R a V N V O O O CD CO C) C) 0 C) C) O 07 C7 C) C) 07 0 0) C7 A C) -3 J J J _J _J _J J J J J J J J J J J J J J J_ J J J _J LL LL LL LL LL LL LL LL LL LL IL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W W W W 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 • J W W W W W QQQQmmmj mmmmmmmm�jmmmm CO 1- 1- 1-1-- 0 0 0 2 0 0 0 0 0 0 0 0 0 z O O O O Z O (n (A 0) m 2 2 2 0 0 2 2 2 2 2 2 2 2 1- 2 2 2 2 0 2 W W W W 0 0 0 0 Z 0 0 0 0 0 0 0 0 W co 0 0 0 0 1- 0 »'OWWWy WWWWWWWWF- yWWWWZW 0 0 c5 0 W W W 0 -1 W W W W W W W W m U W W W W W W W W W W Y Y Y a f:CYVYYYYYYOZiYYNC 1-1-1- 1-000n0 00000000W- ,00001-0 w 2 a z wW 2 O -J w U 500 WATER STREET J910 CIO CSX CORP 4300 SW 53RD PLACE m U cc UJ K w LU �F m 1-- F -}- F -Q 0 O - > >1- 1-HF- 0001- (0 OD CL 1-03 Um 1- Q0 0()U N N N N F- F- V-0' F- F- 2 1- 2 m 2 0 m F- F- 1- = F- vvvvr- rrw r- E- r- r- W W rr r�r- '< 0 0 0 }S Z Z Q O Z U) 3 Z Z Z Z 3 W CO 3 z Z Z Z mmm0Z , � Z 2= C° Zr W 0 0 0 0 N o 0 0 CO o C0)0) 0 0 0 n r V V 3- O W O 0_0_ 0 <- OO NO r O <- O co 01(1000 r. <- )D 3 - <-14) r.- com(DQr. X V- 0 w< w w Q K W Z m W Q W W s z 5 Go 0 3 Q Q 2 i z0 0.6o W Q O UU,UU�W ?yW WH W U WU(dZWQ J_c 'J.J QR Z ]01-2 U . --)— LU3 J44 U --'.5 1- 0CC w(OQ -- W Y W JuDp 0000 °S H 1- 0>> OQ 21- , �W zzzz :(n Q2're -)z§ c5m< 1.?aFor cc 2 g >js -0¢g °p° -aDC0wf5 §ma z0)0ZOo zzzzZwLLZQ<u)0v2i °a(n0�W 1.15omg §§ `G § LL Z O K W Z 0 J W Q Q w O w 2 vl 6 W Z d' Q Q Q Q LL 2 N 1- m Y O Z,e U U W- W Y y O W Q Q D X 2 W al W W 22 cc U)�UJ IY nQQ W?OQ5E W W -�_Q copmmoc0000oww 0c�222c n1-- 5333>- o 0 0 o O_ O O O O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 c 0) r ''t (7 OD N CO M 0 0) O W O 0) CO m r h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03 0 0 0 0 00 0 0 CD 0 0 0 O O O O 6 O O O OO O O O O O 6 O O OO j, 0 0 0 0 0 0 0 (0 (O m m N (n,- C) (O (O0 cO0)(0 w 0 c) O(OO (L) st r)D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O OO O _ OD CO CO c0 CO 0) CO c0 c0 c0 40 c0 CO CO CO 0 m co c0 c0 O OD O O O 0 0 0 O O O O O O O O O 0 O o o O O O1 0 0 0 0 0 0 0) 0) 0) c0 0) Cl) (0 0) 6 t0 (0 c0 N (0 K) O 0) c0 )[) 0) (0 O U) 0) (0) CO 00 C, M CD c7 Cl C) C) (? C) C) O 0) O CO O O 00 c? 0) VI V) O) r= r= r r rt. r- 1 h 1- r pt r r r r- r r OO C) O c7C)(7 MMMOM V) CO CD CD CD M O0 C70900 6 (O CO m (O (0 ()0 CD 0) (0 m 6 (D 6 (0 (0 20 (0 m (p (0 6 (0 () (0 OKEECHOBEE COUNTY PROPERTY P RAISER'S OFFICE GIS P.MPPING DEPARTMENT W.C. ' >_" SHERMAN, PROPERTY APPRAISER Drown By RU55 DUNCAN CFE, AGRICULTURE t MA Date: 4/1/2016 THIS MAP HAS BEEN COMPILED FROM TIE MOST AUTNENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DO6i NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON °C.0 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 200 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 1111111111111111111 1111111111111 11111111 FILE NUM 2015010666 OR BY, 767 PG 1116 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY' FLORIDA RECORDED 11/20/2015 1027:52 Ail ALIT $20'000.00 RECORDING FEES $18.50 DEED DOC $140.00 RECORDED BY 11 P i non Pas 1116 - 1117; (2 ass) [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. Doubteiime® Book767 /Page1116 CFN #2015010666 Page 1 of 2 cItS co t tsti tZ zXRatjlga hWtji 104% ION liJyy�p�py( Ps z ns70 n0 LIOPO� • 11 u 11 c II tl 11 11 II R II 0 11 A 11 1 11 11 11 11 u R 11 11 H 0 11 11 11 h 101 Nla i 1 I - " -_- -- -- . a - -te - ,p , . ,.S •a 3�i i 0 g a) emit; 4 J BOUNDARY & Tr IOGRAPHIC SURVEY PREPARED FOR TOTAL ROAD°,DE SERVICE , cl o. 416 il 1 $11 ; !ii4 il % 44/ il '411 11C1 gPeskAZI '' 11PqiiqRj Wellatil 00 /liqiiill' N wb7 A O 11 Hta o N -- T— 44. -- A sa i .' I —11�11I 6a,I I 9 ti 2 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16 -001 -R punning IS: Management Services, Inc. S 5 pckson Bluer. Sun. 21X, Yon aprn, f ' Lr -2Y).8,1-r-3344.; Serving Serving Florida Local Governments Since 1988 ... ra" `Tiro3C`..ZSLS7s.= T•4�:9E".T61La =Fi.M'O.L:: NNW 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 I Denms_Ray and.L r J May Wilson to .. 1102 NW 7 Court. ; Okeechobee, FL 349; Corner of NW 7th Ct. and 10th Avenue Okeechobee, FL 34972 iJ remyLaRue: • 863- 634 -7708 li'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 % 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. Scrviu; Amid, t,, .I ct.vrnunen. Sint, 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R Current Future Land Use, Zoning and Existing Land Use Characteristics Acreage 2.25 ac. Proposed lndustrial Industrial \16,1t1001*Irk90..r0 with OntdOWddi-60e-Of vehicles I 2.25 ac Future Land Use, Zoning, and Existing Uses on Surrounding Properties tExiStiriblIgficlaS-eieft- Future Land Use Map Classification Industrial East Zoning District Industrial Existing Land Use Industrial, Witter Harvesting Future Land Use-Map Classification - I - - ksingle-farriilyIKOMes-.and Vacant-lcitS Future Land Use Map Classification Single-family Residential West Zoning District RSF1 Existing Land Use Multiple single-family dwellings Scrving Flotitla Local GoV.-1.11.ent, Since 1988 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 ". lcrving Crncrnu[cn L, tiintc 1958 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 96 -009 -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. Serving iami113 L,,.,i cov.•rmnvnt, since 1968 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: Staff's 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 7'h Court. This would ensure that NW 7'^ 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 Tess. 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 Pion,, 11,r31 Government, Since 19tH 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 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 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 Florida foul Goce"vucnL since 1988 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 Serving Flurirb I.OLA Gmen lnenL. Sink 19SH • ;o:OOOk■ Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 6 --- LAND USE ; ONOLY kIVOP -tai • OLIMIARCUL DOSTAOk Fok040741-S 5100411,4. WOW) tat "nffi hdd Lokai rOVtTOGIVIUS Sinclt 088 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16-001-R ZONING SUBJECT SITE AND ENVIRONS ZONING • JD t41400 *tames& eatilleit, 101 C•Ov • *Sae" OnliNetcw.. raNOIM fltOPESSIChiu: opf xatooms wouttiltrA4 POW& fekouriaz PJovotto ',ANA 4vc RESIOSferlAl WATWO.Atuf 1mm REMDEST,AL ArnatE kSK1 ,FttSZIENTAL F.I04 r F. • FICItitta local tkOltOS. ijn0 19$8 ith ',14e gqiip 7'1firdiikaeltro Staff Report Rezoning Applicant's Name Jeremy LaRue Petition No. 16 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 0 O L.7 MAY 19, 2016 - PLANNING BOARD - P ACTION - DISCUSSION - VOTE o -O w TY O 0 as C m c 7 LL _ O U a) R a�i O)ci •_ C C U U o 0 a) E ;D O 5 � R o a) Q N v, 2 R O L O- c N O Z 0 U d R N Y R R E E o X 0 U O U 0.m 0. O * n O _c R M co F O .-. y 0) .° C a) - O N -p J R u) 7 -o cc0 p 0 0 "O J 4. U co c 0 cc, 'o C .7-, L -- L • Ew> o 7 L C CO La N C Ra .L.+ C co m > U O CO ec m U a) L > 4.9 2 N m (1.) O L-. E U L U T O G a) . 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J 1 CO 113 CO > U _ O 1"3a) !6 Z N R c m in M a:L0 N O Y E-7pY ON co `T = C UO L T T O c w o m Q_ N e\9 d m C , 2) 0) E . '5 o C O 50 N X - R g .y O c) O O O ..+ O o w al, 2 J a) n co E O R R o o Q X Z ° ° c 3 R O 0 C 0 L E .w. n K N o O Q 2 C i R= .s � m > •) - o N o O o° in 0 7 a 2 m O U Q ea o Hear from Planning Staff. N O a P a) E 7 0) = R N J T O 2 U C -o 1 c c B a) R Qc a) a) a) en C 0 ' L• .._. N E O Cen O E a) v Q O R p .N. Ci C a) a) U Em E o -0 2 U f6 U O m 0) 7 (1) a M V MAY 19, 2016 - PLANNING BOARD - PAGE 6 OF 7 • a) 0 0 a) a >. > o a) a) V a m T -o 3 -o o C N o z v B a) c t rn a o o ao o -O L O m V E .-' a O "' O N Q J C o a) c> CD E C _(a o o N o o 3 E 3 c o o CO 'O _O > N N fad a -0 c /6 O m '> �! ° m p O 3 • >. N m 0 O fl_ N E c m 0 -° O L" L m e O (6 C c E .� O t m p (a to U� N 'C CD m Q a T is m a) !:(7)(DE 0 CD E n c N � ra 0 "' mom � °� N CIO a) 0 aU N @ 'C " o° c m.N m° o rn o Q - C ,N d N to - C O) . Q) Q Q N N O c O m o a-' o- _ c N vm a • t▪ Nn "O C T N U 7 �. 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"C- • L a) C T L �° _V) N a 0 N> �O 'D 0 7 N to p N Q) d L m 3 U • L N N c ula m C N L - C R a) O a) - a) > p U L O a L 7 T35 c a) `o m Y 0 N m a a O O' 3=-C E O N L .N T ° U 3 C En a -� a T p m a) m.° o)� an) Qc° o v° m c �'o Tm E �- o �"m �:E 0Q o N a) Q a`� v 4i °o o (a o n> aNi c E 0 3 m - E Y CO .N > n. .cam- a) o � � � aai o C7 r o �.�° °� o a) o aai > � � 0 E � ° o � � ° n 0 N O- O o Q N a Q) E c N a Q -d a ° O CJ Q) (6 D a) .Q • n N O H O C C o > > O O t9 C o m a L Y° m ` 0. -00 'X .c N° o U °) o_ 4- .o m r- O (1) 0 N � n 0 a) n c m o� -_ �= E c � �' a 0� o • O) 07 J O L O fD <SS ) 0 "C O m 01 aN) -° -`O O (U m Z m N CD C Qa c o> 00._ O F as CU a�ci m T c 3 n c o a E c O° O m I1 'Q a L 'd • d 4) N L Y° 001 "O o •° 2 0-c U d d U to — v, 0 o 0 N N 00 W CO 0 LL FL- 0 0 2 aC) .O`.. o OU .S 20' U Chairperson Hoover asked whether there was any further discussion. There was none. Z w 0 a) 0 CZ_ m 0 0 C 0 O U c _ O O U c m 0 "(J m a o) C o a) : E o E 0 a) L m �3 0 C 0 c o r a) n a) -c • a) N T C C O U -o m tD b) Board discussion. W 0 O c U a L 0 W U) p) E 0 Z _) U O 2.- .2 c? W F- O t0 J E Q 0) 0 • Z • a o O U Q 0 C C Cr O -o C7 E a) O Q N O S > R v J � cD a v BAUGHMAN - YEA BATTON - YEA HOOVER YEA MAY 19, 2016 - PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE MOTION CARRIED. O'BRIEN - YEA JONASSAINT - ABSENT MCCREARY - ABSENT 0 0 c 0 o; c U 0 -a 0 a 0 0 c 0 0 -0 0 0, c 0 U U O O U U a) 0 0) 2 a) C 0 0 c a) 0 0 co O 0) CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. CLOSE PUBLIC HEARING - Chairperson. there were any requests for amendments to the Land Development There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:49 p.m o N @ R 00 N C ON O > O R a) O N ¢Q L a D a Q) R a N A co a c c 5 a) N L 3 v o 0 a) NU c ,aE t O at m o co f6 C N � 'o c a) N 0 0 0_ > Q > E. 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A -a --$ cn 5 -0 CD 0 ro' CL SD el 3 CD C. fl) , 0 01 , * y A-0 0t CD ,D .‘-- 0: -5 o a g a '2 131 e, 11) -« •••< ,,, — 5 ° -, ° 5 3 0 a, ty co tu u< 0j 8, -.'" -0 fkl 8- = -, 0. 5 g 0. ii) 0 yi., •-0 E-5. 0 . 0 9), 5. _cc •ea ri) = ca c.73 o co co 3 0 •uasiadiley0 — mend 3SO10 m There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:49 p.m. 7J 0 CD CO 0 =1* 11). o o 0 -'0 (D< * (I) CD 0(D (D 0. 0 * (D (D 6=- 0 CD CD co •o cn Fir0 3 0 3 tr) 0 o 3 CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. ca a- co 10) •-• co ca 0 9 3 co Fa. CD CD 2-1.1 CD CD 0 0 0 0 0. CD z -13 CD 0 CD JONASSAINT — ABSENT MCCREARY — ABSENT V3A - NasE o •a3wav0 NolloW V3}, - a3A00H 0 ni V3A — NOl1V8 V3A-NVWHOnYB 0 rn 0 0 - L 30 130V d • o }VO8 MINN 411D0FEit ectfui 5/a011 Mr. Siepher) Moore 5Co1- a�a -fro CL 1 k'c i-O r rq cQ r r y Q._ & ix re zon m' h is pvoreffti E % of t_o+ 19 Lo-! JO, j QPptccc.troR., 100.,r3 nc ObJetan5 or cere,rf'•l Staff Report Rezoning Request Se& 6rrec,i-ed PIonnnq J-2p Kepo-ri-- issued to Cou,nceJ blailim tHo.ps (nCcrreti- Qn'fhis (9n� IUed Pfarinu.Yt9 Zca rd / `� Prepared for: The City of Okeechobee Applicant: Jeremy LaRue Petition No.: 16 -001 -R '.. Plan =ling & Management Services, Inc. pd.. Street, Suite tun ion Wen., Flo t.L Ser ing Florida Local Government. Since 1988 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 Propert 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. Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R Current Future Land Use, Zonin • and Existin • 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, Zonin • , and Existin • Uses on Surroundin • 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 vacant Industrial Industrial Industrial, Witter Harvesting Single- family RSF1 Single - family homes and vacant lots Single- family Residential RSF1 Multiple single - family dwellings 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 ". 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 light 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. 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 ()luny 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. 11,1 1.,, 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 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 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. 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 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 1 115 _l 1 1 1 11_ 13 gii COMPREHENSIVE PLAN LAND USE ;, ry GLE - =ARA I , fa MULTI - FA6t!Lr - COMMERCIAL INDJSTR!AL Iu 1 PUBLIC FACILr71£S RESIDENTIAL MIXED USE Serving Florxia l.rxal (usrrnnrenL+ %,nae 1988 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R ZONING SUBJECT SITE AND ENVIRONS • '/// ,PIIR Mr I • ■ ■ 1 /////: //,//f ZONING . CBD - COMM BUSINESS DISTRICT . CHV - HEAVY COMMERCIAL -:I CLT- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H- HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PU D-M IXED PUD-R ▪ RMF RESIDENTIAL MULTIFAMILr RMH - RESIDENTIAL MOBILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2' Serving Fhnula I1x.a1 Garrrmmentx Sine 19104 Staff Report Rezoning Applicant's Name: Jeremy LaRue Petition No. 16 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS 10 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, July 22, 2016 2:07 PM To: Bill Brisson; LaRue - Gloria Cc: Lane Gamiotea; Patty Burnette Subject: Ordinance 1135 (16- 001 -R) Attachments: Ord 1135 Publication Affidavits.pdf; 1135 Zoning.pdf Attached are copies of adopted Ordinance No. 1135 (16- 001 -R) along with all publication affidavits. Please let me know if you need additional information. Once the July 19, 2016, City Council Minutes are completed, I will forward a copy on to you. Have a good weekend © Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3 "i Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Sent: To: Bobbie Jenkins Friday, July 22, 2016 2:11 PM Property Appraiser Ofc - Russ Duncan (r.duncan @okeechobeepa.com); Celeste Smith; 'totalroadsideservice @hotmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1135 Attachments: 1135 Zoning.pdf Good Afternoon, Attached you'll find Ordinance No. 1135, adopting Rezoning Petition No. 16- 001 -R, changing approximately 2.25 acres from City of Okeechobee Holding to Industrial. This copy is for your records. Should you have any questions, please contact me. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, July 18, 2016 3:13 PM To: ' totalroadsideservice @hotmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City Council Meeting July 19, 2016 Attachments: Agenda July 19 2016 Regular Meeting.pdf; Agenda 07 19 16 Ex 1.pdf Good Afternoon Mr. LaRue, This is your official notice for the final public hearing, application no. 16- 001 -R. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibit 1. Your item is VIII.A. The meeting begins promptly at 6 p.m. A workshop will be in session and is scheduled to be done by 6:00 p.m. Upon arrival, if the workshop is still in session, please wait outside until adjourned. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, June 20, 2016 4:16 PM To: ' totalroadsideservice @hotmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City Council Meeting June 21, 2016 Attachments: Agenda June 21 16.pdf; Exhibit 1 June 21, 2016.pdf; Exhibit 2 June 21, 2016.pdf Good Afternoon Mr. LaRue, This is your official notice for the final public hearing, application no. 16- 001 -SSA, and first reading for petition no. 16- 001-R. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibits 1 & 2. Your items are VIII.A and IX.A. The meeting begins promptly at 6 p.m. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Patty Burnette Sent: Monday, June 13, 2016 11:50 AM To: ' totalroadsideservice @hotmaiLcom° Subject: Small scale and rezoning 16- 001 -SSA & 16- 001. -R Attachments: PB Minutes 051916.pdf Dear Mr. LaRue: This letter is to officially advise you that the Planning Board at its regular meeting on May 19, 2016. recommended approval to the City Council, for your Comprehensive Plan Small Scale Amendment, Application No. 16- 001 -SSA to change the Future Land Use classification from Single Family to Industrial and for Rezoning, Petition No.16 -001 -R to change the Zoning from Holding to Industrial for Lots 1 through 18, 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 for the proposed use of an outdoor storage lot for a towing yard. The Application will be forwarded to the City Council for consideration to adopt at a Final Public Hearing on June 21, 2016. The Petition will be forwarded to the City Council for first reading on June 21, 2016 and a Final adoption Public Hearing on July 19, 2016. These dates are tentatively scheduled and are held in the Council Chambers, Rm 200 at 6:00 PM. Attached herewith please find a copy of the May 19, 2016 Planning Board /Board of Adjustment and Appeals minutes for your records, Should you require additional information please do not hesitate to contact me. Sincerely, Patty Pa-f-y M. 6wrfrk,e Genera! Service Coordiniator Ciro c f Okeechobee �S Southeast 3rd 'Awhile Okeechobee, 'RE 34974 1 Patty Burnette From: Patty Burnette Sent: Monday, May 16, 2016 9:48 AM To: ' totalroadsideservice @hotmail.com' Subject: PB /BOA Meeting May 19, 2016 Attachments: Agenda May 2016.pdf; 16- 001 -SSA LaRue per WFB.pdf; 16 -001 -R LaRue.pdf Hi Jeremy. Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, May 19, 2016 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers: • 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. • Rezoning Petition No.16 -001 -R to rezone from Holding to Industrial for Lots 1 through 18, inclusive and the West 1A 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 to conduct a vehicle towing business with outdoor storage of vehicles on the site. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Patty M. 6u- r-frve-fe, general Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, 'FL 34974 1