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2016-07-21
76 CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR JULY 21, 2016 PAGE 1 OF 7 AGENDA ACTION - DISCUSSION - VOTE . CALL TO ORDER — Chairperson. Regular Meeting, July 21, 2016, 6:00 P.M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. AGENDA — Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the June 16, 2016, regular meeting. Chairperson Hoover called the July 21, 2016, regular meeting to order at 6:00 P.M. Board Secretary Burnette called the roll: Present Present Absent (with consent) Absent (with consent) Present Present Absent (with consent) Present (moved to voting position) Present (moved to voting position) Absent (with consent) Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Keefe moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of June 16, 2016; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER - YEA JONASSAINT - YEA MCCREARY - ABSENT KEEFE - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - ABSENT BRASS - YEA O'BRIEN - YEA MOTION CARRIED. 1 1 V. OPEN PUBLIC HEARING — Chairperson. A. Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 NE 13th Street (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or Designee /Agent — Carrol Word, Registered Agent on behalf of the property owners, 441 Palms, LLC /Steven Dobbs, Project Engineer. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the application with /without special conditions. b) Board discussion. c) Vote on motion. JULY 21, 2016 - PLANNING BOARD - PAGE 2 OF 7 CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:01 P.M. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 16- 003 -SSA, is being requested by the applicant, Mr. Carrol Word, Registered Agent, on behalf of the property owners, 441 Palms, LLC, to change the classification from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 Northeast 13th Street. Chairperson Hoover yielded the floor to Planner Brisson who explained to the Board a planning staff report could not be prepared as the application was incomplete. A traffic impact statement is needed given the expected peak hour vehicle trips indicated for the expected use. The applicant is aware and is working on obtaining this information. He suggested postposing the application until the September 15, 2016 meeting. Chairperson Hoover did not recognize to hear from the property owner or designee /agent due to the above statement. Chairperson Hoover did not recognize to hear from the public due to the above statement. Chairperson Hoover did not ask Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application or whether they visited the site due to the above statement. Due to the above statement, Motion and a second offered by Members Brass and Keefe to postpone Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 Northeast 13th Street to the September 15, 2016 Planning Board Meeting. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - ABSENT BRASS - YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. 77 78 AGENDA V. PUBLIC HEARING ITEM CONTINUED. B. Application No 16- 004 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Industrial for Lot 6 of Block 44, City of Okeechobee, Plat Book 1, Page 10, Public Records of Okeechobee County, approximately 0.16 acres, located at 808 NW 9th Avenue (Exhibit 2). 1. Hear from Planning Staff. 2. Hear from the Property Owner or Designee /Agent — Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc. /Steven Dobbs, Project Engineer. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the application with /without special conditions. JULY 21, 2016 - PLANNING BOARD - PAGE 3 OF 7 Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 16- 004 -SSA, is being requested by the applicant, Mr. Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., to change the classification from Single Family to Industrial for Lot 6 of Block 44, City of Okeechobee, Plat Book 1, Page 10, Public Records of Okeechobee County, approximately 0.16 acres, located at 808 Northwest 9th Avenue. Chairperson Hoover yielded the floor to Planner Brisson who reviewed the application. The minimum lot size in the Residential Single Family One Zoning District is 10,000 square feet. The area of the subject lot is approximately 7,000 square feet and is therefore a nonconforming residential lot. The width of the lot exceeds 40 feet, which permitted a single - family home to exist on the property in the past. The structure was demolished after Okeechobee Asphalt bought the property. Currently the property is vacant and if developed independently, most of the lot area would be devoted to setbacks. The lot would have no practical industrial development potential alone, only through adjoining with other industrial land. The applicant intends to use the property for storing materials along with the rest of the property in Block 44. A Petition for a rezoning to Industrial has been submitted as well. Should the Board recommend approval for this application, the only recommendation for the rezoning petition would be the same. He recommends for approval, based on the findings within the Planning Staff Report. Chairperson Hoover asked whether the property owner or designee /agent had any comments or questions. No one was present and there were no questions from Board Members. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application or visited the site. There were none stated. Planning Staff's findings are as follows: The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. This small parcel is the last residentially designated lot in the industrial corridor along the south side of Northwest 9th Street between Northwest 3rd and 9th Avenues. The requested industrial designation for this property would complete the corridor without having a significant impact upon the residential areas to the north and west. The use of such a small parcel for industrial purposes will have virtually no effect upon the provision of potable water, wastewater treatment and disposal, solid waste collection and disposal, or on the local roadway system. The site has no unique characteristics with regard to environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. JULY 21, 2016 - PLANNING BOARD - PAGE 4 OF 7 79 V. PUBLIC HEARING ITEM CONTINUED. B. 5. a) Consideration of a recommendation to the City Council to approve or deny Application No. 16- 004 -SSA with /without special conditions. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: C. Petition No 16- 003 -R, to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 NE 13th Street (Exhibit 3). 1. Administer of Oath for Petition No. 16 -003 -R continued (anyone intending to offer testimony on Petition No. 16 -003 -R will be required to take an oath, respond, and give your full name and address). The application is found to be compatible with adjacent and nearby land uses which are; to the North, some vacant lots with Single - Family Future Land Use and Residential Multiple Family (RMF) Zoning, to the East, is a material storage yard for Okeechobee Asphalt & Ready Mixed Concrete Inc. with an Industrial Future Land Use and Industrial Zoning, to the South, is a material storage yard for Okeechobee Asphalt & Ready Mixed Concrete Inc. with an Industrial Future Land Use and RMF Zoning, to the West, is a Church with a Multi- Family Future Land Use and RMF Zoning. Motion and a second offered by Members Brass and McCoy to recommend approval to the City Council for Application No. 16- 004 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Industrial for Lot 6 of Block 44, City of Okeechobee, Plat Book 1, Page 10, Public Records of Okeechobee County, approximately 0.16 acres, located at 808 Northwest 9th Avenue. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - ABSENT BRASS - YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively August 16, 2016, 6 pm. Rezoning Petition 16 -003 -R is being requested by the applicant, Mr. Carrol Word, Registered Agent, on behalf of the property owners, 441 Palms, LLC, to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 Northeast 13th Street. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responding affirmatively, and stated their name and addresses for the record. Mr. Bill Brisson, Senior Planner LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. 80 V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. C. 2. Hear from Planning Staff Petition No. 16- 003 -R. 3. Hear from the Property Owner or Designee /Agent — Carrol Word, Registered Agent, on behalf of the property owners, 441 Palms, LLC. /Steven Dobbs, Project Engineer. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny the petition. b) Board discussion. c) Vote on motion. D. Petition No 16- 004 -R, to rezone from Residential Multiple Family to Industrial Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 0.43 acres, located in the 800 block of NW 9th Street and 9th Avenue (Exhibit 4). 1. Administer of Oath for Petition No. 16 -004 -R continued (anyone intending to offer testimony on Petition No. 16 -004 -R will be required to take an oath, respond, and give your full name and address). JULY 21, 2016 - PLANNING BOARD - PAGE 5 OF 7 ACTION - DISCUSSION - VOTE Chairperson Hoover yielded the floor to Planner Brisson who explained to the Board a planning staff report could not be prepared as the application was incomplete. A traffic impact statement is needed given the expected peak hour vehicle trips indicated for the expected use. The applicant is aware and is working on obtaining this information. He suggested postposing the application until the September 15, 2016 meeting. Chairperson Hoover did not recognize to hear from the property owner or designee /agent due to the above statement. Chairperson Hoover did not recognize to hear from the public due to the above statement. Chairperson Hoover did not ask Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application or whether they visited the site due to the above statement. Due to the above statement, Motion and a second offered by Members McCoy and Brass to postpone Petition No. 16 -003 -R to rezone from Holding to Light commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2: and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 Northeast 13th Street to the September 15, 2016 Planning Board Meeting. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - ABSENT BRASS - YEA MCCREARY - ABSENT KEEFE - YEA O'BRIEN - YEA MOTION CARRIED. Rezoning Petition No. 16 -004 -R is being requested by the applicant, Mr. Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc. to rezone from Residential Multiple Family to Industrial Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 0.43 acres, located in the 800 block of Northwest 9th Street and 9th Avenue. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responding affirmatively, and stated their name and addresses for the record. Mr. Bill Brisson, Senior Planner LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. D. 2. Hear from Planning Staff Petition No. 16- 004 -R. 3. Hear from the Property Owner or Designee /Agent — Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc. /Steven Dobbs, Project Engineer. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny the petition. JULY 21, 2016 — PLANNING BOARD - PAGE 6 OF 7 81 Planner Brisson reviewed the petition and his recommendation for approval, based on the findings within the Planning Staff Report. Chairperson Hoover asked whether the property owner or designee /agent had any comments or questions. No one was present and there were no questions from Board Members. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application or visited the site. There were none stated. Planning Staff's findings are as follows: The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 16- 004 -SSA be approved. The proposed use being requested is permitted under the Industrial Zoning District. The proposed use will not have an adverse effect on the public interest as the subject properties will be used in the same manner as the surrounding parcels have been used. The subject properties are suitably located for industrial use and consistent with land use patterns in the area. In fact, the immediate adjacency of the subject properties to the industrial uses to the east, and the CSX Railroad to the south make the properties inappropriate for most other uses. To the North, some vacant lots with Single - Family Future Land Use and Residential Multiple Family (RMF) Zoning, to the East, is a material storage yard for Okeechobee Asphalt & Ready Mixed Concrete Inc. with an Industrial Future Land Use and Industrial Zoning, to the South, is a material storage yard for Okeechobee Asphalt & Ready Mixed Concrete Inc. with an Industrial Future Land Use and RMF Zoning, to the West, is a Church with a Multi - Family Future Land Use and RMF Zoning. Northwest 9th Street and 9th Avenue will serve as spatial buffers to the Church properties to the west and northwest and to the vacant residentially zoned property to the north. The railroad tracks and Northwest 8th Street will provide a spatial buffer to the multi - family properties south of the railroad tracks. The industrial use for the remainder of Block 44 will be used in the same manner as the rest of the block and should not affect property values or living conditions, nor deter improvement of adjacent properties. Fencing and visual screening would be expected to be provided along street frontages. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use should not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use has not been inordinately burdened by any unnecessary restrictions. 82 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. D. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 16 -004 -R continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. (:(,0)\-( i L ATTEST: �(. �,LI?flt?1& Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson JULY 21, 2016 — PLANNING BOARD - PAGE 7 OF 7 ACTION - DISCUSSION - VOTE Motion and a second offered by Members Brass and O'Brien to recommend approval to the City Council for Petition No. 16 -004 -R to rezone from Residential Multiple Family to Industrial Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 0.43 acres, located in the 800 block of Northwest 9th Street and 9th Avenue. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT - YEA MCCREARY - ABSENT KEEFE - YEA MCCOY - YEA BATTON - ABSENT BAUGHMAN - ABSENT BRASS - YEA O'BRIEN - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively September 6, 2016, 6 pm. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:16 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:16 p.m. Planning Board /Board of Adjustment and Appeals Meeting July 21,2016 Name Address 44120144 Pagel of City of Okeechobee Planning Board and Board of Adjustment City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes July 21, 2016 I. Call To Order - Chairperson: Chair Hoover called the July 21, 2016, Regular Meeting to order at :00 p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Agenda - Chairperson. A. Chair Nita asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the June 16, 2016, regular meeting; seconded by Board Member Nk Ooy Discussion: PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy ✓ Board Member Batton Board Member Baughman '/ Board Member Brass Board Member Jonassaint ✓ Board Member McCreary Alternate Board Member Keefe J\ Alternate Board Member O'Brien p 0\ \In� Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette III. Agenda - Chairperson. A. Chair Nita asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the June 16, 2016, regular meeting; seconded by Board Member Nk Ooy Discussion: 4412014-4 Page 2 of I IV. Minutes continued. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY `/ BATTON ✓ BAUGHMAN BRASS ✓ JONASSAINT l✓ McCREARY V KEEFE ✓j O'BRIEN — ✓ RFSIII TS (ARRIFD DFNIFD V. CHAIR OPENED THE PUBLIC HEARING AT LP .6) ( P.M. A. Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 NE 13th Street (Exhibit 1). 1. Hear from Planning Staff. bat Kfo S1 f-F poi=- — io Impo 2. Hear from the Property Owner or designee /agent - 441 Palms, LLC /Steven Dobbs, Project Engineer. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny application with /without special conditions. Motion and a second offered by and t�C�2 to postpone Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 NE 13th Street to the September 15, 2016 Planning Board Meeting. 7 t, 10114 Page 3 of V. PUBLIC HEARING ITEM CONTINUED. b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON ✓ BAUGHMAN ✓ BRASS JONASSAINT V McCREARY V KEEFE v O'BRIEN RFSIII TS. 7 LARRIFf1 nFNIFI) B. Application No. 16- 004 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Industrial for Lot 6 of Block 44, City of Okeechobee, Plat Book 1 Page 10, Public Records of Okeechobee County, approximately 0.16 acres, located at 808 NW 9'h Avenue (Exhibit 2). 1. Hear from Planning Staff. 7/afj�4° 11120114 Page 4 of V. PUBLIC HEARING ITEM CONTINUED. r; ; f4q 14120/14 Page 5 of % V. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee /agent - Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc. /Steven Dobbs, Project Consultant. 0 OYlC (�'l %k-KCUI.CQ 14429f44- Page 6 of V. PUBLIC HEARING ITEM CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. L, 4. Disclosure of Ex -Parte Communications by the Board. 126ft4 Page 7 of V. PUBLIC HEARING ITEM CONTINUED. 5. a) Consideration of a recommendation to the City Council to approve or deny application with /without special conditions. /t Motion and a second offered by L%1'G(' and IVe to recommend ap rova enial to the City Council for Application Land Use I�+la change from Ingle Family to Industrial for Lot 6 of Block 44 No. 16-004-SSA, Comprehensive Plan Future a d U p g g y 44, City of Okeechobee, Plat Book 1 Page 10, Public Records of Okeechobee County, approximately 0.16 acres, located at 808 NW 9" Avenue, with the following conditions: b) Board discussion. 0Ont.■ c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / McCOY ■./ BATTON BAUGHMAN BRASS f JONASSAINT v McCREARY KEEFE O'BRIEN RFSIJI TS. CARRIFD 1 DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively August 16, 2016, 6 pm. QUASI- JUDICIAL ITEM C. Petition No. 16 -003 -R to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 NE 13' Street (Exhibit 3). /40 14420t14 Page 8 of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16 -003 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. Por4- N ra. -`-i - I (n ° c f� fct-ke. mt_ n4 3. Hear from the Property Owner or designee /agent - 441 Palms, LLC /Steven Dobbs, Project Engineer. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Motion and a second offered by flA e-00 y' and to postpone Petition No. 16 -003 -R to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 NE 13`h Street TO THE September 15, 2016 Planning Board Meeting. 11/20114 Page 9 of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON ✓ BAUGHMAN v/ BRASS JONASSAINT IZ McCREARY KEEFE O'BRIEN '/ RFSIJI TS. i CARRIFD , DFNIFD D. Petition No. 16 -004 -R to rezone from Residential Multiple Family to Industrial Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 0.43 acres, located in the 800 block of NW 9`h Street and 9th Avenue (Exhibit 4). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16 -004 -R will be required to take an oath, respond, and give your full name and address). B /3 S /TA. - 5t r) 'o' ?)Q n nu') L +\ PI S n n °,3 c4- nilf 2. Hear from Planning Staff. 1412044 Page 10of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. 11128114 Page 11 of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. 3. Hear from the Property Owner or designee /agent - Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc. /Steven Dobbs, Project Consultant. NO per.. pAL 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. ll ,,,. 1- 1-120h44 Page 12 of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Motion and a second offered by and to recommend approval /denial to the City Council for Petition No. 16 -004 -R to rezone from Residential Multiple Family to Industrial Lot 6 and the North 40 feet of Lots 7 to 12 of Block 44, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 0.43 acres, located in the 800 block of NW 9`h Street and 9th Avenue. b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON / ✓ BAUGHMAN / BRASS JONASSAINT McCREARY KEEFE 14% O'BRIEN RFSIJI TS. CARRIFD DFNIFD 7/J1'- 11420114 Page 13of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively September 6, 2016, 6 pm. CHAIR keiVef CLOSED THE PUBLIC HEARING AT LP: P.M. VI. NEW BUSINESS. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. W VII. ADJOURN - Chairperson. INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ( t,e) AA}Zt .J in the matter of /6-6:6AIZ /144-(125-t-7 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, Horida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed bef -e me this % /l% day of t,) Notary Public, State of Florida Large Katrina Elsken of( AD Okeechobee News 107 SW 17th Street Okeechobee, F PUBLIC NOTICE CrrY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeediobee Planning Board (PB) will conduct a regular meeting on Thur., July 21, 2016 at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okee- chobee, FL As the Local Planning Agency, the Planning Board may consider offering a recommendation on any proposed amendments to the current Land Development Regulations submitted by City Staff, Board Members, or citizens. The public is Invited and encouraged to attend. The agenda may be ob- tained from v • yofokeedwbee.mm or by calling the General Services Office, 863 - 763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any derision made by the PB with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which ttre appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined the the ADA, that needs spedal accommodation to partidpate in this pays prior , proceeding, contact the General Services cOtfice no later than two business BE ADVISED that should you Intend to show any document, picture, video or items to the PB 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 Seaetary for the City's records. By: Chairperson Dawn Hoover 476782 ON 7/10/2016 INDEPENDENT NEWSMEDIA INC. USA 1 Okeecho A/t y U 107 SW 17th t, Suite D ?u /0 Okeechobee, P1�or,ija 34974 J ? / ! ° 863 - 763 - STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the__attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 7/3, 13 %aol� 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 an subscribed be day of re me this J-o Notary Public, State of Florid'at Large /CIC- A 7\J Katrina Elsken AD .'1r 7;4'84\ ANGIE BRIDGES o 4r ' • s MY COMMISSION #FF976149 =*: : *: ,fi "'r, P EXPIRES: Apr1120, 2020 FO' F; °` Bonded Rau Notary Public Undsrwlltefs PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE I5 HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board, as the Local Planning Agency, on Thur. July 21, 2016, 6 PM, or as soon thereafter as possible, at Gty Hall, 55 SE 3rd AVE, Council Chambers, Rm 200, Okeechobee, FL, to con- sider and receive input on Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 16 -003 -55A, submitted by the property ovmer, Mr. Carrot Word (Registered Agent) for 441 Palms, LLC. The public is encouraged to attend. Application No. 16-003 -SSA requests to change the Future Land Use classifi- cation from Single Family (SF) to Commercial (C) for the property located at 150 NE 13th Street Legal: Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, CITY OF OKEECHOBEE, Plat Books 1 and 5 Pages 10 and 5, Public Records of Okeechobee County, Florida, and is approxi- mately 3.3 acres. The application may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. A recommendation to approve or deny Application No. 16-003 -SSA will be forwarded to the Gty Council for consideration to adopt at a Final Public Hearing on August 16, 2016, 6 PM (tentative). ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- !sure a verbatim record of the proceeding. Is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board In support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Gty's records. By: Zoning Administrator Marcos FlontesDeOca, No. 16- 003 -SSA 476740 ON 7/3,13/2016 kliDEPENDENT NEWSMEDIA INC. USA Okeecho 107 SW 17th Okeechobee, 863 -763- crtivio News t 2016 t, Suite D a 34974 4�q i STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a /) in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of '443 < (3 %a-o / 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 ssd newspaper. Sworn to and Katrina Elsken bscribed before me this day of .0/6 AD Notary Public, State of Florida at Large )(d ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: AprI120, 2020 Bonded Ttw Notary Public Undemitsrs PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeechobee Planning Board, as the Local Planning Agency, on Thur. July 21, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Coundl Chambers, Rio 200, Okeechobee, FL, to con - sider and receive input on Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 16- 004 -SSA, submitted by the property owner, Mr. Robert Gent (Registered Agent) for Okeechobee Asphalt & Ready Mixed Concrete, Inc. The public is encouraged to attend. Application No. I6- 004 -SSA requests to change the Future Land Use classifi- cation from Single Family (SF) to Industrial (IND) for the property located at 808-NW 9th Avenue. - Legal: Lot 6 of Block 44, City of Okeechobee, Plat Book 1, Page 10 Public Records of Okeechobee County, Flori- da, and is approximately 0.16 acres. The application may be inspected at the address above during regular business hours, Mon-Fri, 8 AM-4:30 PM, except for holidays. A recommendation to approve or deny the Application No. 16- 004-SSA will be forwarded to the City Council for consideration to adopt at a Final Pubic Hearing on August 16, 2016, 6 PM (tentative). ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speoal accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Planning Board In support or opposition to any item on the agenda, a copy of the document, picture, video, or item most be provided to the Board Secretary for the City's records. Zoning Administrator Marcos MontesDeOca, No. 16-004 -SSA 476742 ON 7/3,13/2016 41.? hilDEPENDENT NEWSMEDIA INC. USA Okeec 107 SW 17 Okeechobe 863- Js v4429 reet, Suite 1 _ , Iorida 3497'4 4C 3- -3134 a c`: 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 ,44.4,-et., A in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -r (3 ,(-3 (c/o Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed be re me this 15 day of Notary Public, State of Florida at Large 0( Katrina Elsken c)-c) / CO AD ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Apr1I20, 2020 Bonded Thar Notary Public Undec Titers PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI- JUDICULL PUBLIC HEAR- ING will be held before the Cty of Okeechobee Planning Board on Thur. July 21, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 S€ 3rd AVE, Council Chambers, Rm 200, Okeechobee, FL, to consider and re- ceive Input on Rezonln Petition No. 16- 003 -R, submitted by Mr. Carrot Word (Registered Agent) for 441 Palms, LLC. The public is encouraged to attend. . Petition No. 16 -003 -R requests to rezone from Holding (H) to light Com- mercial (C T) all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2• and from Heavy Commercial (CHV) to Light Commercial (CLT) Lots 7 to 1d of Bkxk 2; all being In the City of Okeechobee, Plat Books 1 and,5, property Pages 10 and 5, Public Records of Okeechobee County, Florida. The The petition may be Inspected-at the addres and Is s above approximately durinregular business hours, Mon-FrI, 8 AM-4:30 PM, except for holidays. A Public Hearing for a rezoning petition is handled as a "Quasi-Judicial" pro- ceeding, meaning a manner similar to a court hearing testimony and ques- tioning presenters who provide substantial and competent evidence. It Is the duty of the Planning Board to arrive at sound dedslons. A recommenda- tion to approve or deny will be forwarded to the aty Council, tentatively scheduled on August 16, 2016 (First Reading) and final adoption Public Hearing on September 6, 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 B made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par - Udpate 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 Seaetary for the Oty's records. BY: Zoning Administrator Marcos MontesDeOca, No. 16-003 -R 476741 ON 7/3,13/2016 ADEPENDENT NEWSMEDIA INC. USA Okeecho B ee 107 SW 17th Sti=t, Suite D Okeechobee, Flopitt1a, 34974 863- 763 - 313 '/"-- R;_` STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the—attached copy of advertisement being a in the matter of s,.l -PtiU /vim zQ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1(3, I'D � �b 16 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and ,subscribed b ' c day of Notary Public, State of Floridaat Large J re me this Katrina Elsken AD ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Ap11I20, 2020 •FO f.,• Bonded 7h(u Notary Public Unde(xiitera • PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI - JUDICIAL PUBLIC HEAR- ING will be held before the Oty of Okeechobee Planning Board on Thur., July 21, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Council Chambers, Rio 200, Okeechobee, FL, to consider and re- ceive input on Rezoning Petition No. 16- 004 -R, submitted by Mr. Robert Gent (Registered Agent) for Okeechobee Asphalt & Ready Mixed Concrete, Inc The public is encouraged to attend. Petition No. 16-004 -R requests to rezone property located in the 800 block of NW 9th Street and 9th Avenue, from Residential Multiple - Family (RMF) td Industrial (IND): The proposed use is an outdoor material storage area. Le- gal: Lot 6 and the North 40 feet of Lots 7 to 12 of Block'44; City of Okeechobee, Plat Books 1 and 5 Pages 10 and 5, Public Records of Okeechobee County, Florida, and is approximately 0.43 acres. The peti- tion may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. - A Public Hearing for a rezoning petition is handled as a "Quasi- 3udidal" pro- ceeding, meaning a manner similar to a court, hearing testimony and ques- tioning presenters who provide substantial and competent evidence. It is the duty of the Planning Board to anive at sound decisions. A recommenda- tion to approve or deny will be forwarded to the Oty Coundl, tentatively scheduled on August 16, 2016 (First Reading) and final adoption Public Hearing on September 6, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any dedsion 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 the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par- ticipate in this proceeding, contact the General Services Office no later than two business days prior to'proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture video, or item must be provided to the Board Secretary for the Oty's records. BY: Zoning Administrator Marcos MontesDeOca, No. 16-004 -R 976744 ON 7/3,13/2016 O M D 0 _ D Z D c D Z CO n o D D o 0 0 CC) o C —I p n) ED m c� a) a) a) a) a) c v -0 c m D a- a3 3 aQ��� 0'm �_ to D c� c� = cD N oi N� n ° �' ° co co 33333-2°m CD w rn — = O' 9, c LT cQ 0 v v C 6 a C m CD m m m cD c� -"a'.D N m 0 r Timm° O ° Z o o ED c 0 ,. 0 0 73 z- N- 0 a_ v- n o° m n 07 cQ o anrn� - n g �°' c° (c) �m CD m � Q (Wo�rn vi �° W � � 91-� v C° -- o w W a) a = ,m 0 >00 o °- ° �m Z CD - - °° 0 0 O N U) CD - CAD o v 0 -I CT 3 5' D ° m m Q _- a) > N a, : 0 -I a) 0_ = —I 00 < -° v m m z v cn a) 0 0 > 0 Z = c CD m' m Q c c 3 (xi F3 3 (I) U) EZ a) a) a) ° co = o CD CD Q_ ,:<--, o_ w = o a) cn O CD CO cn ° n co ' o 0_ a ° cn 0 > Q m v c = ° o- co = c)' cD o CD o 0 3 CD 0 N co CD o m O a) v .9) 0 3 N O o ° CD O co CD c CD 3 <? 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CD 0 sz CD 0- o 5" CD a) CT v st O C0 CD CD CD r o ° a) -o o ° - v zll a `. a� 0 0 0 90 in N CXD O O O D a, = z W 0_ Q *o m v o a cD x" Cn � c� "CD a C7 a) co N 0 0 0 a) 0 - 0 = : — 0) (713_ c 0) 0 a- CD CD D 0 c) CD o m cr N 0_ (D CD m < a) m CD x n z- , 0 i a W Cr 7., O CS - A cn JULY 21, 2016 - PB /BOA AGENDA - PAGE 3 OF 3 INTEROFFICE MEMORANDUM To: Planning Board Members From: Planning Board Secretary Burnette `- Subject: July 21, 2016 Meeting Date: July 14, 2016 Application No. 16- 003 -SSA and Petition No. 16 -003 -R are not included in your packets although they are listed on the Agenda. During the Planners review, he found that a Traffic Impact Statement would be needed. Since each one was already advertised, they will need to be read into the record as usual by the Chair and then the Planner will explain the reason that they need to be deferred. Then a motion to postone to the September 15, 2016 meeting will need to be made and voted on. Should you have any questions, please just let me know. Thank you, Patty Exhibit 2 7/21/16 City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, cat. 213 Fax: (863) 763 -1686 Bate: Cry - 7- lip Petition No. 1(o-- Wq - 55/4- Fee Paid: 054 -LO ey_ILB42 -10 Jurisdiction: 128 In Hearing: 2°° !tearing: _ 1 "/� P8 t3 /� /f • ; df L/j (� Jl Publication Dates: a . '7 /3cn/ /3 , en t5 co,. 5 Notices Ylailed: fY p. NtRRE E To 13 COMPLETED BY Crry STAFF: Verified 1'I..tJiv1 Designation: Verified Zoning Designation: Rill F. Ilan Amendment Type: n Large Scale (LSA) involving over 10 acres or text amendment (►4 Small Seale (SSA) 10 acres or less ❑ Snml1 Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and /or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: a Submit I (one) copy of the complete application and amendment support documentation, including maps. to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. 1, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. L�-- 1p -Ile Date Signature of Owner or Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call tic General Services Dept. at (363) -763 -3372, Het. 213 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANTIAGENT /OWNER INFORMATION Okeechobee Asphalt & Ready Mixed Concrete, Inc. Applicant P. 0. Box 1994 Address Okeechobee FL 34973 City 863 -763 -7373 State Zip Telephone Number Fax Number E -Mail Steven L. Dobbs Agent* 1062 Jakes Way Address Okeechobee FL 34974 City State Zip 863 - 824 -7644 sdobbs @stevedobbsengineering.com Telephone Number Same as above Fax Number E -Mail Owner(s) of Record Address City State Zip Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 11. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment ® Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): This request is in support of changing the parcel identified from Single- Family to Industrial. 111. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: 808 NW 9th Avenue, Okeechobee, FL 34972 2. Property ID #(s): 3- 15- 37 -35- 0010 - 00440 -0060 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 0.16 Acres •,/ p Y� 2. Total Area included in Request: 0.16 Acres a. In each Future Land Use (FLU) Category: Industrial 0.16 Acres (1) (2) (3) (4) b. Total Uplands: 0.16 Acres 0.00 Acres c. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive flan Amendment (6/09) 3. Current Zoning: Multi Family Residential ✓ 4. Current FLU Catcgorv: Single - Family 5. Existing Lancl Use:Material Storage Yard 6. Requested FLU Cateeor }, Industrial D. NiAXIAI(U I DEVELOPMENT PO'r1NTIAL oI THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed Ft J1 Cate��ory Residential 1 0 Density (DU /Acre) 0 0 Number of Units 0 0 Commercial (sq. ft.) 0 sf 0 sf Industrial (sq. It.) 0 sf 3,845 sf IvieNd vIEN ; P aOEtT �aC MEN . ATI i At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements or the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Ilan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL. INFORi\MATION AND MA PS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large naps are submitted, the Applicant may be required to provide 8.5" s 1 1" maps for inclusion in public hearing packets. \ \%ording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network. and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing. land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Nilap showing existing zoning of the subject property and surrounding properties. 6. Certified property boundary survey; date of survey; surveyor's name. address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page .1 of Okeechobee Asphalt and Ready Mix Concrete, Inc. City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a vacant undeveloped parcel with a FLU of Single - Family Residential and zoned Multi- Family Residential. To the south are also vacant undeveloped parcels with a FLU of Multi- Family and zoned Multi- Family Residential. To the northeast are also vacant undeveloped parcels with a FLU of Multi - Family Residential and zoned Residential Multiple Family. To the west is a developed parcel with a FLU of Multi - Family and zoned Multiple Family. To the east is a vacant undeveloped parcels a FLU of Industrial and zoned Industrial. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are undeveloped. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surrounding properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. Please see attached Traffic Estimate (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Since the planned development to industrial, the increase in traffic for the highest development is a peak increase of 3 trips daily. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten -year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation /open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses N/A (2) 0.15 gallons per day per square foot of floor area for nonresidential uses 3,500 * 0.15 = 525 gallons per day b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. N /A, Proposed Industrial FLU. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; The existing facility servicing this area has indicated under previous land use amendments they have over 100 years capacity currently. b. Water and Sewer: Please find attached a letter from OUA indicating sufficient capacity to serve this parcel. c. Schools. N /A, no additional capacity to schools for an industrial project. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the Wetland Mapper. 2. Soils posing severe limitations to development There are only one soils present at this site from the attached NRCS Websoil Survey, it is Immokalee Fine Sand, which should cause no developments limitations. 3. Unique habitat. This parcel has been developed and provides no unique habitat. 4. Endangered species of wildlife and plants. Since this property has been cleared for many years, it does not provide the conducive habitat for endangered species. 5. Floodprone areas. According to the attached FEMA map, the subject parcels are outside all structures have been built outside the floodprone areas. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. These parcel was previously developed with a single family residence, which has been demolished. The parcel has already been converted to a material storage yard, which is the ultimate use of the parcel for the foreseeable future, there will be no impact to the established population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. No increase in density will not change the ability of the city or any other utilities to available water, sewer, or roads as described below. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is not adjacent to unincorporated areas of the City and will have no impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply converting the FLU for the project with not change in use or expansion. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Commercial Future Land Use designation, the maximum development is approximately 50% maximum lot coverage or 0.16 acres (3,500 sf). L 1.2.d. Use Measure Rate Gallons per Day Single Family Residence (Existing) 1 unit 114 gpd / unit. 114 gpd — water /sewer Industrial (Proposed) 3,500 sf 15 gpd / 100 sq. ft. 525 gpd — water /sewer Net Impact 411 gpd — water /sewer Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.4 mgd for the period of February 2014 through January 2015. The average daily flow of the wastewater treatment plant is 0.858 mgd for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Since there is no increase in development, there will be no impact to the existing facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0415C, this parcel is in Flood Zone C. There are no wellfields within 1,000 feet of the parcel Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre - development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off -site will be minimized by on -site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short- circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation As a self- contained Industrial facility, no impact to the parks and recreation needs of the City is anticipated. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. Miscellaneous Data Parcel Control Number Subject to this Application 3- 15- 37 -35- 0010- 00440 -0060 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. O - h 0 co ro 0 ar r a) 0 0 � 0_ �p C N 0 O 3 • D Q N -o co co � r+ c 90 O 0) c � O � 0 _ ' ao x r) - 0 o v < m 0 rD N r v O N fD m X Er- r+ O 0 (D 0 (D (D T C p r (D fa) Q- 0 C co (0 D • v � r+ 3 Qo v, w • 0_ E c • X C (IQ O n "O (D O (D r4- �C n 0 N 0 5 0t1 m x 0 THIS )OCUMENT, TOOE11ER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE. IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED IIq.uU C) - mzsz Ig _ v0- - •1 O O I X Z _ 03 n P. + __ V CO .4 V L�_I- f00 ^Dv— I — ice_ N AUTHORILITION AND ADOPTION BY EDC, INC. SHALL BE WITHOUT LIABILITY TO CDC. INC. NW 9th AVENUE (FIELD),„) ) 70.00' WIDE Frzm 0 O v m 0 N00'09'01 "W °•\ co ° 8 - p' N00'09'01 "W . _140 00- _ co o . f 2X) _ - ^ C) _ ,., - _._.- 14o.00PXC- - -6- vi'z ,, .. OI • ° N L." 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MN /O N a - h 1 a O MN 4 a.YNIN fl 8 TY NS MN 0) Oo4BdN I >t nY ut7 hV4 Y 0) Fn L 12 Y7 O 111,, it pE5121 NDP DRAWN BY 911- 1214MAPIPPs FILENAME 91.191 LAYOUT 89 • $9 S r $3. AS SHOWN m SCALE g9 =NIB r 1 3 ''\OATS l!R!l9!I!P!I iU. ,doF) Da-j.oa a.) Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863.763 -3131 File No.: 8081 Parcel Identification No. 3 -15 47-35 -0010 -00440 -0060 i iii UM MP8MINK 1 2 OR BK 762 PG 428 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FLORIDA RECORDED 07/07/2015 09 :57:31 AN AMT $50,000.00 RECORDING FEES 910.00 DEED DOC 9350.00 RECORDED BY 11 Pinon Pe 428; (1 pa) (Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 6th day of July, 2016 Between OMIE LEAN JENKINS, a single woman whose post office address is 808 NW 9th Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor*, and OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation whose post office address Is PO Box 1994, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantee, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to-wit LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, If any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year written. g.t.0 / f �f Signe aled an del : red in our presence: or Witn - • s Na catit IWIMMINFONO State of Florida County of Okeechobee QOf)' OMIE LEAN JENKINS by DOROTHY JENKINS RIECK as her Attorney In Fact The foregoing instrument was acknowledged before me this 6th day of July, 2015 b OMIE LE NKINS by DOROTHY JENKINS RIECK, as her Attorney In Fact, who U is personally known q [A has producW as identification. [Notary Seal) Book762 /Page428 CFN #2015006332 Page 1 of 1 Okeechobee Asphalt and Ready Mix Concrete, Inc. Comprehensive Plan Legal Description LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECRODED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 6/6/2016 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 Calculations using the most Used Trip Generation Rates from the 6th Edition ITE Trip Generation Report w'Lunch Peak 146 -364 two way trips 0 N Lunch Hour Traffic 0 0 Cr » » »> No calculations but studies sho 0 0 0 Total 0 0 0 o w a m 'm Q 0 z PM Peak Trips - Total I v.3 I i 1 Expected Daily Trips 1 24 Not Available Not Available Not Available Not Available 4) 75 ta Q o Z Expected Units Z C n Acres TSF Gross 1TSF Gross DU DU DU DU Occ.Room Berths TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross _ TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross 1TSF Gross TSF Gross Fuel. Position Fuel Position Service Bays 'TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Drive -In Windows Description /ITE Code Truck Terminal 030 General Light Industrial 110 Mini Warehouse 151 'Single Family Homes 210 Apartments 220 Mobile Home Park 240 Retirement Community 250 Motel 320 Marina 420 Health Club 493 Church 560 Daycare Center 565 General Office 710 (Equation) al Office 710 (Rate) Medical Dental Office 720 Building Materials /Lumber 812 Hardware /Paint Store 816 Nursery (Garden Center) 817 !Shopping Center 820 (Equation) Shopping Ceuaer 820 (Rate) Quality Restaurant 831 High Turnover /Sit Down Rest. 832 Fast Food w/o Drive Thru 833 Fast Food with Drive Thru 834 Drive Thru Only 835 Service Station 844 Serv.Station w/ Conven.Mkt 845 Tire Store 848 Supermarket 850 Convenien. Mkt (Open 24 hrs) 851 (Convenien. Mkt (Open 16 Hrs) 852 Convenien. Mkt w/ Gas Pumps 853 !Discount Club 861 Pharmacy /Drugstore w/ Drive -thru Furniture Store 890 Walk -In Bank 911 Drive -In Bank 912 0 N Okeechobee Asphalt & Ready Mixed Con June 3, 2016 Freshwater Forested /Shrub Wetland Estuarine and Marine Deepwater Freshwater Pond Estuarine and Marine Wetland a) J Freshwater Emergent Wetland 0 4) • U . �C 0 o 0 LL • • X_ p� O A 0 -a 0 m 0 0 O co L) U +' 0 as Y • N Q O 0 • O O U 0) 0 0 N u i 0 ) M a) U) a = CO LI U) a .0 0 as Z C O ti ._ - OJ N °nN Z F 0) — .1 g o o $ 13 t� a z 0 v R '" 4o °N _ m _ 7 of b OC R 2 o o W 0 � IA _ N M..TZ.05 008 001410E 06£1TOE OBEViCE OL£4TOE 09EitO£ M .,TZ.OS 08 OS£4TO£ MAP INFORMATION MAP LEGEND The soil surveys that comprise your AOI were mapped at 1:24,000. 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To L a) U) a) a) m o y m w m — Z o°° -04- -DID a) cu m a) Q) E m (6J V) QC U m N O> a) y L 7;°- C.� Z _o 6 0 (0 a) — m O N O N a) O) ;_ m _c >. } .o co co N N m `O 2 m O Q) Oa) a 5 ° E 3 c ›. E m a m •n - Q) 7 N O c 2 .0 U a) '4 O N Q. Q m .c a 7 ° N L in N 0 ` m 7 m v o 'o Q m m 7 L O Q.0 .c000 N> (n E m O N O Q cp a)EcE El.- E CO5j0 2 0.'6 :(7 o Fw CO CO C) `0 ON H o.E o Soil Map Unit Lines Soil Map Unit Points Special Point Features Streams and Canals Transportation 0 Interstate Highways Closed Depression Local Roads Aerial Photography Marsh or swamp Mine or Quarry Perennial Water Rock Outcrop Severely Eroded Spot Soil Map — Okeechobee County, Florida Okeechobee Asphalt & Ready Mixed Concrete Map Unit Legend tlsim Natural Resources Web Soil Survey 6/3/2016 low Conservation Service National Cooperative Soil Survey Page 3 of 3 Okeechobee County, Florida (FL093) Map Unit Symbol ( Map Unit Name Acres in AOI Percent of AOI 11 � Immokalee fine sand, 0 to 2 1 percent slopes 0.7 100.0% Totals for Area of Interest 0.7 100.0% tlsim Natural Resources Web Soil Survey 6/3/2016 low Conservation Service National Cooperative Soil Survey Page 3 of 3 K » /!t ■ o 111 © t § a, / ;z w e \ \ u> ;§�k \ � / \ k � � ._.i y {[2/ Q k ) ; {a /§ 0 Q S ) E co - w 7 \ 0 / 2 § {#k{ w J U.1 z o� [-- ;E�\ 2 OP < K R * j �j §§ /tk§ / � / / / �} . ! /§ k } /)v,,;0.:9---'44. ) �B C� § »•,m § ) o z 2 e ; 2 6� \ «£{2 % � � O / $ � e [() k{ /§§ \00' : ». - , --�_ i1970-21i1-17-07 � -� = e.e, .. -g g . 7_2: RII___ i . . . . i LV Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16- 004 -SSA (808 NW 9th Avenue) Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt Petition No. 16- 004 -SSA General Information Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address Okeechobee Asphalt & Ready Mixed Concrete P.O. Box 1994 Okeechobee, FL 34973 808 NW 9th Avenue Okeechobee, FL 34972 Stephen L. Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Number: 3- 15- 37 -35- 0010 - 00440 -0060 Legal Description: LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 0.16 -acre parcel currently designated Single - Family. The proposal is to change the Future Land Use designation to Industrial. The property is zoned RMF and is also the subject of a concurrent rezoning petition (16- 004 -R) to change the zoning of the property to IND. 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 and on the maps on pages 5 through 8. Serving Florida Local Governments since 1.988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt Petition No. 16- 004 -SSA Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single- Family Residential RSF1 Vacant 0.16 acre Proposed Industrial IND, Industrial Materials storage 0.16 acre Future Land Use, Zoning, and Existing Uses on Surrounding Properties North Future Land Use Map Zoning District Existing Land Use Future Land Use Map East Zoning District Existing Land Use Future Land Use Map South Zoning District Existing Land Use Future Land Use Map West Zoning District Existing Land Use Classification Classification Classification Classification Single- Family RSF1 Vacant Industrial IND, Industrial Materials storage Industrial IND, Industrial Industrial (Okeechobee Asphalt) Multi - Family RMF Church General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (0.16 acre) this application qualifies under Chapter 163, F.S. as a Small Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16 -004 -SSA B. Current Situation 1. Practical Maximum Likely Development Potential The minimum lot size in the RSF1 district is 10,000 square feet. The area of the lot is about 7,000 square feet and therefore is a nonconforming residential lot. Since the lot is larger than 4,000 square feet in area and the width of the lot exceeds 40 feet, one single - family dwelling is permitted. 2. Current Use There appears to have been a single family home on the property in the recent past, but this structure was demolished after Okeechobee Asphalt bought the property. The lot is now vacant. C. Future Development Potential as Industrial 1. Maximum Likely Future Development Potential Given the small size of the lot and the fact that, if developed independently, over 70% of the lot area would be devoted to setbacks, the lot would have no practical industrial development potential. It's development potential comes only through aggregation with adjoining industrial land. 2. Proposed Use The Applicant intends to use the property for materials storage along with the balance of the block also owned by Okeechobee Asphalt. Comprehensive Plan Analysis A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adja- cent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. This small parcel is the last residentially designated lot in the industrial corridor along the south side of NW 9th street between NE 3`d Avenue and NW 9th Avenue. We believe that an Industrial designation for this property completes the industrial corridor without having a significant impact upon the residential areas to the north and west. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16- 004 -SSA B. Adequacy of Public Facilities The use of such a small parcel for industrial purposes will have virtually no effect upon the provision of potable water, wastewater treatment and disposal, solid waste collection and disposal, or on the local roadway system. C. Environmental Impacts We agree with the Applicant that the site has no unique characteristics with regard to environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Recommendation Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Industrial on the City's Future Land Use Map. It should be noted that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, then the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, 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. rSub.mitt_ed by: a,121/;32-,--, _. Wm. F. Brisson, AICP Planning Consultant July 13, 2016 Planning Board Hearing: July 21, 2016 City Council Public Hearing: August 16, 2016 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE. s,Ni3LE - FAA30.r - 61ULT:. FMUL'+ - commtRCiA. - RIDUSTRAt GuBL;C FAC4 -. PESR)E:'. " ;L. MIxED LE Serving Florida txnal Clvvernlnents Slnee 19438 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16- 004 -SSA ZONING SUBJECT SITE AND ENVIRONS ZONING c ;S DISTRICT HEA. .: .. "_RCIAL 2LT -LIGHT CC 3 - _Ml. CPO- COMM PROFESSIONAL OFFICE H. HOLDING NDUSTRIAL .r. PUBLIC FACILITIES PUD•M IxED 'UD-R - "t RESIDENTIALMULTIFAM'L Rllr • RESDENTAL MOBILE I•: • RSV! RE - R SF2 • R£ .: Serving Fkxitia nx'en €. ♦ re t. INS, Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-004-SSA Property Appraiser Aerial Existing Land Use Subject Site and Environs Church 4.....w.mems...mosigrammtr,w ' e ° Vac Office WNW •)T V41:1 -14 /..3 .r".00 111 f,11..1.1-111 .)REECHODEL J2,0111.4.1" g READY MIX 13AC 1 76.213 I 6 .$60,000 H.1*: N Serving Florida Local GoVt,MIllents Since 1988 Exhibit 4 1121116_ City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (863) 763 -1686 Date: G -7 hp Petition No. lb, 000— Fee Paid: O '/ ,RR() C - Z6,7( Jurisdiction: -phli-CcL. 1st Hearing: i -a 1 -14, Pl3 2"d Hearing: $; -1&-l4 'k 9- 1,; -1 (' ee. Publication Dates: pg. 1 /3 hits . Ord iitm) gmG//o -Po `4114 Notices Mailed: '1- &--!(v Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Okeechobee Asphalt & Ready Mix Concrete, Inc. 2 Owner mailing address: P. O. Box 1994, Okeechobee, FL 34973 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E -mail address: jpalmer @lynchpaving.com 5 Name of contact person (state relationship): Steven L. Dobbs, P. E. - Consultant 6 7 Contact person daytime phone(s): Property address /directions to property: 808 NW 9th Street, Okeechobee, FL 34972 The intersection of NW 9th Street and NW 863- 824 -7644 PROPERTY INFORMATION , L Mkt : 1__04- c60 Ai to 61.1'= P ve.. HOC bic:t LcAsri - i c, q 11 W ci 'Ib ar r4 !Ow t 9th Avenue Avenue. LcA s d i_ a to; ; 1.11?..i g s , fife, .4_ 9 kui 8 Describe current use of property: The site is currently used as a material storage yard. The existing single family residence was removed prior to the rezoning application. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. There is currently a concrete fence surrounding the property to keep the construction materials onsite. Source of potable water: Well Method of sewage disposal: Septic Tank 10 `�" Approx. acreage: J�6c a L3/45t1 Is property in a platted subdivision? Yes, City of Okeechobee 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: Residential Vacant, Undeveloped East: Industrial, material storage yard South: Industrial West: House of worship 14 Existing zoning: Multi- Family ResidentiaFUtUre Land Use classification: Single- Family/Industrial 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- 15- 37- 35- 0010 - 00440 -0060, 3- 15- 37 -35- 0010- 00440 -0070, and 3- 15- 37 -35- 0010 -00440 -0110 IL0acr'ea (Rev 3/5/15) ?3of r'S . Dglacres Page 1 of 11 oir 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. Signature Printed Name Date Robe_(-t- P. (2-itw.4 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Owner 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: 4/27/2011, 7/6/2015 and 6/6/2011 - Attached 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 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. Signature Printed Name Date Robe_(-t- P. (2-itw.4 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING P I YIr_ Current zoning classification: Multi- Family Requested zoning classification: Industrial B Describe the desired permitted use and intended nature of activities and development of the property? This property will be used as a construction material storage yard to support an Asphalt and Concrete mixing facility. C Is a Special Exception necessary for your intended use? (X ) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? (x ) No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and 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 3/5/15) Page 6 of 11 Okeechobee Asphalt & Ready Mixed Concrete, Inc. Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements. There are other parcels in the vicinity that are zoned industrial and this change. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to use the property as the other parcels owned is authorized under Industrial zoning. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change would have no effect on the public interest as the property will be used as the surrounding parcels have been used in the past. 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 patters; The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel and there is Industrial Zoning to the east and south of this parcel. 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; This change in zoning will have no adverse impact to property valued of adjacent property as industrial is to the east and south and these parcels are adjacent to the CSX Railroad. Any change in property value has been realized. 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 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 current owner has acquired these parcel over the last serval years and have created a buffer of concrete bollards and landscaping to buffer the use from surrounding property owners. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The past use has not created nor will the future use create a density pattern that would overburden any of the public resources in the area. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; As the proposed improvements have already been made to this parcel, the use will not create nor have a detrimental impact to the factors stated above. This property has an existing ditch that currently discharges into the NW 9th Street ROW there is no plan to change existing drainage patterns, nor impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. Okeechobee Asphalt & Ready Mixed Concrete, Inc. (Description of requested land use change and reason for request) Okeechobee Asphalt & Ready Mixed Concrete, Inc. currently owns approximately 0.43 acres located in Section 15, Township 37S, and Range 35E. The property's parcel IDs are 3- 15- 37 -35- 0010- 00440 -0070, 3- 15- 37 -35- 0010 - 00440 -0060, and 3-15-37-35 -0010- 00440 -0110. It is currently located in the City of Okeechobee with a current zoning of Multi- Family Residential and a FLU of Single - Family and Industrial. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has previously purchased these parcels from various property owners over serval years. This application will unify the zoning for the parcels owned. Okeechobee Asphalt & Ready Mixed Concrete, Inc. is planning to use the parcel as they do the other parcels they own in the area for material storage (crushed concrete, Asphalt Millings, and other such construction materials). This application is for the City to grant a zoning on this parcel from the existing Multi - Family Residential to Industrial. The existing access to this property is from NW 9th Street from the north. Okeechobee Asphalt & Ready Mixed Concrete, Inc. requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Industrial. Preoared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-763-3131 File No.: 8081 Parcel Identification No. 3. 1537 - 35-0010. 00440.0060 1111g111l JIIII 1111111111 Hill 1111 I112 OR BK 762 PG 428 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 07/07/2015 09:57:31 AM ANT $50,000.00 RECORDING FEES $10.00 DEED DOC 5350.00 RECORDED BY f1 Pinon Ps 428; (1 es) [Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 6th day of July, 2015 Between OMIE LEAN JENKINS, a single woman whose post office address is 808 NW 9th Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantor*, and OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation whose post office address is PO Box 1994, Okeechobee, FL 34973 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the, dc�r�and yea�rst above written. Sign • , aled an .,' 11:red in our presence: = �g State of Florida County of Okeechobee OMIE LEAN JENKINS by DOROTHY JENKINS RIECK as her Attomey In Fact The foregoing instrument was acknowledged before me this 6th day of July, 2015 b OMIE LEAN .i�NKINS by DOROTHY JENKINS RIECK, as her Attorney In Fact, who L] is personally known . [has produc (� as identification. [Notary Seal] Book762 /Page428 CFN #2015006332 Page 1 of 1 1;', ,f ro 4i, q37 So Parcel ID Number: 3-15-37-35-0010-00440-0010 Prepared by and return to: SUSIE BURK. Okee•Tantie Title Company. Inc. 105 NW 6th Street Okeechobee, Florida 34972 FILE NO. 31414 Warranty Deed FILE NUN 2011005545 OR BK 00701 PG 1614 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/07/2011 03:05:35 PM AMT 62,500.00 RECORDING FEES 318.50 DEED DOC 3437.50 RECORDED BY M Pinon Pas 1614 - 1615; (lass) This Indenture, Executed this June 6, 2011 A.D. Between DAN BUCHANAN a/k/a DANNY R. BUCHANAN, AN UNMARRIED MAN, whose address is 801 NW 8TH AVE, OKEECHOBEE, FL 34972, hereinafter called the grantor, to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida Corporation, whose post office address is: P. O. BOX 1994, OKEECHOBEE, FL 34973, hereinafter called the grantee: (Whenever used herein the term "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) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in OKEECHOBEE County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3- 15- 37 -35- 0010-00440 -0010 Subject to covenants, restrictions, easements of record and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 201C. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed an /( el ed in our presence: ./ - Sylvia E. Bur Witness Printed Name State of Florida County of Okeechobee D•' tUCHAN Ad.'_ 801 NW :TH AVE, OKEECHOBEE, FL 34972 a/k/a DANNY R. BUCHANAN (Seal) The foregoing instrument was acknowledged before me this June 6, 2011, by DAN BU ANNY R. BUCHANAN, AN UNMARRIED MAN, who is/are personally known to me or who has produced a dri ,•" y; nse a .entification. se SYLVIA E. BURK MY COMMISSION 0 EE062520 EXPIRES February 13, 2015 407)30e-0153 FIO,W. sarice.mm My Commission Expires Book701 /Page1614 CFN #2011005545 Page 1 of 2 Exhibit "A" PARCEL 1: LOTS 1 AND 2 OF BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLATBOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL # 3- 15- 37 -35- 0010- 00440 -0010 AND PARCEL 11: LOT 3, BLOCK 41, CITY OF OKEECHOBEE, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PARCEL#3 -15 -3 7 -3 5- 0010- 00410 -0030 AND PARCEL III: THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (ss/rc'11) PARCEL 3- 15- 37 -35- 0010 -00440 -0110 File Number: 31414 Legal Description with Non Homestead Closes Choice Book701 /Page1615 CFN #2011005545 Page 2 of 2 This instrument prepared by and return to: United Title Agencies I Inc. 1315 N. Dixie Highway, Lake Worth„ Florida, 33460 w.c. File # 11-4 -0-218 Tax folio #: 3- 15- 37 -35- 0010- 0440-0030 Warranty Deed FILE NUM 2011004416 OR BK 00700 PG 1330 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 05/05/2011 12:14:05 PM ALIT 60,000.00 RECORDING FEES 110.00 DEED DOC 1420.00 RECORDED BY S Creech Ps 1330i (los) This Indenture, made this 27th., day of April, 2011, Between Curtis Parks, a single man, and Alma Grace, a single woman, grantor*, Whose poet office address is: 3824 N.W. 7th. Street, Okeechobee, Florida 34972 and Okeechobee Asphalt and Ready Mixed Concrete, Inc., a Florida Corporation, grantee*. whose post office address is P.O. Box 1994, Okeechobee, Florida 34973 Witnesseth: That said grantor, for and in consideration of the sum of $10.00 (Ten dollars) and other good and valuable considerations to, said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Lots 3, 4, 5, Block 44, And the North 40 feet of Lots 7, 8, 9 and 10, Block 44, Okeechobee, according to the plat thereof, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and Plat Book 5, Page(s) 5, of the Public Records of Okeechobee County, Florida. TO HAVE AND TO HOLD the same together with all and singuhr the Tenements, hereditaments, and appurtenances there unto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010. Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent yearn. *"Grantor", "person ", "he ", "she ", "it ";they ", and "grantee" or the like shall include singular, plural, past and future tense without distinguishmcnt and shall be considered in its proper tense, time & gender as text may require or admit. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our :resence. ew Witness: STATE OF Florida C Alma Grace L- COUNTY OF Okeechobee (SEAL) The foregoing instrument was acknowledged before me this 27th. day of April, 2011, by Curtis Parks, a single man, and Alma Grace, a single woman, who is personally known to me or who has produced a take an oath. drivers license as identification and who did My Commission expires: Book700 /Page1330 CFN #2011004416 Page 1 of 1 1 6 - 0 0 4 - i (G -� L c et v 0 0 0 0 Cr V V sr C O sr N M O V V O (O sr V V O O O N W (- I. 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O. ..1F)' \ \ t' \ 1- - 0 5 si St1 110110d N 0 0 i. g ___-----:----------- , ( PREPARED FOR: -soli IP 11 OKEECHOBEE ASPHALT -di 7 & READY MIXED CONCRETE INC. 4g i *s 111111 1 g ' • i 1 141Wil IRA gs.afiPOOMPAPIPAWAWARamplim ,s! ....k.. .. ....... vos1060 .. "nal I elli \\,.. OKEECHOBEE, iWIQIJIh Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -004 -R (Multiple lots between NW 8th & 9th Avenues south of NW 9th Street) St ;� II:- Planning & Management Services, Inc. 1375 Jackson Street. Suite 206 Fort Uvers. Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R General Information Site Address Okeechobee Asphalt & Ready Mixed Concrete P.O. P.ar,Box 1994 Okeechobee, FL 34973 808 NW 9th Street 811 NW 9th Street 801 NW 8th Avenue Okeechobee, FL 34972 Contact Person Stephen L. Dobbs, Agent Contact Phone Number 863- 824 -7644 Contact Email Address sdobbs @stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 3- 15- 37 -35- 0010- 00440 -0060 3- 15- 37 -35- 0010- 00440 -0070 3- 15- 37 -35- 0010- 00440 -0110 Legal Description: LOT 6, BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE NORTH 40 FEET OF LOTS 7, 8, 9 AND 10, BLOCK 44, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND PLAT BOOK 5, PAGE(S) 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE NORTH 40 FEET OF LOT 11 AND 12, BLOCK 44, OKEECHOBEE ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R Request The matter before the Local Planning Agency (LPA) and City Council is an application for rezoning of the subject properties described above, totaling 0.434 acre, from RMF, Residential Multi - Family to IND, Industrial. Lot 6 of Block 44, comprising 0.16 acre, is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) from Single- Family to Industrial on the Future Land Use Map (FLUM). 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 and on the maps on pages 8 through 11. Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Future Land Use Lot 6, Single- Family Residential; Category ° . ' `` Balance`of. properties, Industrial. Zoning District RMF IND, Industrial Use of Property Vacant Materials storage Acreage 0.434 acre 0.434 acre Serving Florida Local Governments Since 1988 2 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Single - Family and Industrial RMF andTiND Vacant Industrial IND, Industrial Materials storage Industrial and CSX Railroad, with Multi- family across the railroad tracks IND and CSX Railroad, with RMF across the railroad tracks Vacant and Multi - Family south of the railroad tracks Multi - Family and Single - Family RMF and IND Church and vacant 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 exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements. There are other parcels in the vicinity that are zoned industrial and this change." Staff Comment: This rezoning application for all of the subject properties (0.434 acre) is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) for Lot 6, Block 44. Staff has found the proposed change to the FLUM to be consistent with the Comprehensive Plan and has recommended approval. The requested rezoning of all of the subject parcels is consistent with the Comprehensive Plan and will, in fact, eliminate existing inconsistencies between the FLUM and the Zoning Map. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to use the property as the other parcels owned is authorized under Industrial zoning." Staff Comment: The Applicant intends to use the property for materials storage jointly with the other parcels in Block 44, which are also owned by Okeechobee Asphalt. Outdoor storage is specifically identified as item (9) in the list of permitted uses in the Industrial Zoning District. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property will be used as the surrounding parcels have been used in the past." Staff Comment: We agree. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel and there is Industrial Zoning to the east and south of this parcel." Staff Comment: As the last block in the industrial corridor along the south side of NW 9th Street, between NE 3' and 9th Avenues, we believe the subject properties are suitably located for industrial use and consistent with land use patterns in the area. In fact, the immediate adjacency of the subject properties to the industrial uses to the east, and the CSX Railroad to the south make the properties inappropriate for most any other uses. NW 9th Street and NW 9th Avenue will serve as spatial buffers to the church properties to the west and northwest, and the vacant residentially zoned property to the north. The railroad tracks and NW 8th Street will provide a spatial buffer to the multi - family properties south of the railroad tracks. 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. "This change in zoning will have no adverse impact to property valued of adjacent property as industrial is to the east and south and theses parcels are adjacent to the CSX Railroad. Any change in property value has been realized." Staff Comment: All adjacent properties are already zoned Industrial and in industrial use as materials storage. NW 9th Street and NW 9th Avenue will serve as spatial buffers to the church properties to the west and northwest, and the vacant residentially zoned property to the north. The railroad tracks and NW 8th Street will provide a spatial buffer to the multi- family properties south of the railroad tracks. The industrial use of the remainder of Block 44 in the same manner as the balance of this block and other nearby industrial properties should neither affect property values or living conditions, nor deter improvement of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The current owner has acquired these parcel over the last serval years and have created a buffer of concrete bollards and landscaping to buffer the use from surrounding property owners." Staff Comment: All properties immediately adjacent to the subject property are owned by Okeechobee Asphalt and are in industrial use. The remaining sides of the property abut NW 9th Street and NW 9th Avenue. These streets and the required street setbacks provide a spatial buffer between the subject and the church properties to the west and northwest and to the vacant property to the north. We would expect fencing and visual screening to be provided along periphery street frontages. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The past use has not created nor will the future use create a density pattern that would overburden any of the public resources in the area." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the use of the combined subject properties for materials storage would result in virtually no incremental increase on the demand for potable water, wastewater treatment and disposal, solid waste collection and disposal, or impact on the local roadway system. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As the proposed improvements have already been made to this parcel, the use will not create nor have a detrimental impact to the factors stated above. This property has an existing ditch that currently discharges into the NW 9th Street ROW there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: We agree that continuation, on the subject property, of the types of activities already underway on the adjacent properties owned by Okeechobee Asphalt, will result in no, or at most minimal, increase in traffic. Similarly, no increase in flooding or drainage problems, or any effect upon public safety, is expected. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Recommendation Based on the foregoing analysis, we find the requested rezoning to Industrial to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R Submitted by: 71g2A ?"— - - -- Wm. F. Brisson, AICP Sr. Planner July 13, 2016 Planning Board Public Hearing: July 21, 2016 City Council 1St Reading: August 16, 2016 City Council 2nd Reading: September 6, 2016 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R FUTURE LAND USE SUBJECT SITE AND ENVIRONS L� _L_ I _ I Subject Properties COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY a MULTI - FAMILY COMMERCIAL INDUSTRIAL °UBLiC FACILITIES RESIDENTIAL MIXED USE :ur111•1■ra ■•...111111111e. :mgr, Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R 9 ZONING SUBJECT SITE AND ENVIRONS lasimmimmommi 40 1 Subject !.._/AZ Properties ZONING CBD • COMM BUSINESS DISTRICT CHV- HEAVYCOMMERCIAL CLT • LIGHT COMMERCIAL CPO • COMM PROFESSIONAL CPFF CE H - HOLDING ND • INDUSTRIAL FUB • PUBLIC FACLITIES PUD -MIXED PUD•R . RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTAL MOBILE HOME REFS • RESIDENTIAL SINGLE FAMILY RSFC • RESIDENTIAL SINGLE FAMILY ,_'_ Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 10 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -004 -R Property Appraiser Aerial Existing Land Use Subject Site and Environs 1537.35.4)u 10-00440 -0060 _?KEECHOBEEASPHALT & READY MIX 16 AC i 7±6,2015 - $ 50 ,000 -1/0 0.274 ac portion of sub Serving Florida Local Governments Since 1988 11