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1138 #16-002-R PF to INDOR'' )INANCE NO. 1138 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING 1AP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 002 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDE(' FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the 'amity of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 16- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.45 acres from Public Facilities to Industrial Zoning District, and that this request he removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on June 16, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 6.45 acres, as the subject property, located in the City of Okeechobee, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET TO THE NORTHEAST CORNER OF LOT 11 OF BLOCK 28, THENCE SOUTH A DISTANCE OF 715 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF BLOCK 39, THENCE RUN WEST A DISTANCE OF 385 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF BLOCK 40, THENCE RUN NORTH A DISTANCE OF 715 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO DESCRIBED AS: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 27; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 28; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 39 AND LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 40, TOGETHER WITH THAT PART OF NORTHWEST 10TH STREET (FORMERLY KNOWN AS 16TH STREET) LYING BETWEEN LOT 6 OF BLOCK 27 AND LOT 1 OF BLOCK 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF NORTHWEST 7TH AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING BETWEEN NORTHWEST 9TH AND 11TH STREETS, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1138 Page 1 of 2 SECTION 2: ZONING MAP AM! NDMENT. That the aforesaid Revised 7.oning Map of the City of Okeechobee be amended to reflect the subjecl property o be changed from Public Facilities (PUB) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or Farts of ord lances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion .0: this ordinance is declared by any court of competent jurisdiction to be void, uncor',titutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE This Ordinance shall becornle effective thirty -one (31) days after its adoption if the associated Comprehensive I "Ian Amendment (16- 002 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the dal the State Land Planning Agency or the Administration Commission enters a final ci9der determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading set for Final Public Hearing on this 19th day of July, 2016. James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of August, 2016. ATTEST: (IL' &/ut James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LE L SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1138 Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3r' Avenue, ROOM 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (863) 763 -1686 Date: 5_ _ 3 .) (,', Petition No. it: C( - Fee Paid: 1 lee r; C (: . 8 91/Jurisdiction: F° j, J '. 5t 9 i' �(-_ 2nd 9-1 ((` P 1 Hearing: 6 ., _. 2 Hearing: i. IL- Publication Dates: 5,2q, up e 6_1 -1W e'en op) % } {" ,,,r `1 ,tA Notices Mailed: 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): 863- 824 -7644 PROPERTY INFORMATION Property address /directions to property: 500 NW 9th Street, Okeechobee, FL 34972 Approximately 0.4 miles west of the intersection of NW 9th Street and Highway 441N on the north side of NW 9th Street. 8 Describe current use of property: The site historically was used as the maintenance yard for FDOT. The current owner proposes to use the site as it has been used historically. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. There is currently a 442 sf office building, a 4,284 sf warehouse, and a 1,322 sf Mobile office building. Source of potable water: Well Method of sewage disposal: Septic Tank 10 Approx. acreage: 6.5 Ac 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: Vacant, Undeveloped East: Vacant Undeveloped South: Industrial West: Single Family Residence /Vacant 14 Existing zoning: Public Facilities & SFR Future Land Use classification: Public Facilities 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 - 00400 -0070 (Rev 3/5/15) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date Wobtri Eitd 41-019-iie For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2of1I 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: 4/6/2016 - 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 Wobtri Eitd 41-019-iie For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2of1I FLORIDA DEPARTMENT OF STATE DIVISION OP CORPORATIONS vexdll Itity 0,1111U Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Filing Information Document Number P07000032499 FEI /EIN Number 20- 8610499 Date Filed 03/13/2007 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/01/2007 Event Effective Date NONE Principal Address 503 NW 9TH STREET OKEECHOBEE, FL 34972 Mailing Address P.O. BOX 1994 OKEECHOBEE, FL 34973 Changed: 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer /Director Detail Name & Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE, FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT, MA 02635 Annual Reports ueuii uy o uiy iveuie Report Year Filed Date 2014 01/07/2014 2015 02/23/2015 2016 03/05/2016 Document Images 03/05/2016 -- ANNUAL REPORT View image in PDF format 02/23/2015 -- ANNUAL REPORT View image in PDF format 01/07/2014 -- ANNUAL REPORT View image in PDF format 01/14/2013 -- ANNUAL REPORT View image in PDF format 01/19/2012 -- ANNUAL REPORT View image in PDF format 04/13/2011 -- ANNUAL REPORT View image in PDF format 03/30/2010 -- ANNUAL REPORT View image in PDF format 03/03/2009 -- ANNUAL REPORT View image in PDF format 01/16/2008 -- ANNUAL REPORT View image in PDF format 05/01/2007 -- Amendment View image in PDF format 03/13/2007 -- Domestic Profit View image in PDF format Coovrioht:© and Privacy Policies State of Florida, Department of State A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: Public Facilities/SFR Requested zoning classification Industrial B Describe the desired permitted use and intended nature of activities and development of the property? 3- 15 -37 -35 -0010 -00400 -0070 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 1 I 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 light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 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 and has bccn used and Public Facilities and Single Family Residential as the past land owners did. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to continue to use the property as it has been used in the past is authorized under Industrial. 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 under the same ownership has been used as the current owner is planning to use it in the future. 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 was previously used as the current owner is planning 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; As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized. 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 property's use is not going to change as a result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel. 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 arca. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; As there are currently no plans to construct additional facilities on 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 9`f' 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 is the same as the previous use, which has not caused the parcel to suffer from 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 6.5 acres located in Section 15, Township 37S, and Range 35E. The property's parcel ID is 3- 15 -37 -35 -0010- 00400 -0070. It is currently located in the City of Okeechobee with a current zoning of PUB — Public Facilities and a FLU of Public Facilities for the abandoned portion of NW 7th Avenue between NW 11th Street and NW 9th Street and the abandoned portion of NW 10`h Street between NW 8`h Avenue and the east boundary of the parcel and block 27 and the west portion of block 28 in this parcel. Block 40 and the western portion of block 39 have a FLU of Single Family Residential. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has purchased this parcel from FDOT and is planning to use the parcel as FDOT did historically for material storage (crushed concrete, Asphalt Millings, and other such construction materials), office, and construction equipment repair. This application is for the City to grant a zoning on this parcel from the existing Public Facilities and Single Family Residential to Industrial. The existing access to this property is from NW 9th Street from the south. 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. Okeechobee Asphalt and Ready Mix Concrete, Inc. Comprehensive Plan and Rezoning Legal Description ALL LESS W 660 FT ALSO COM AT SW COR OF SEC 5 BEAR ERLY ON S LINE OF SEC 5 DIST OF 50 FT TO ERLY R/W LINE OF PLATTS BLUFF RD & POB THENCE BEAR NRLY ON ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT THENCE BEAR ERLY & P/L TO S LINE OF SEC 5 DIST OF 610 FT THENCE BEAR SRLY & P/L TO ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT TO S LINE OF SEC 5 THENCE BEAR WRLY ON S LINE OF SEC 5 DIST OF 610 FT f101 Lldioi? ?' 11111111111 1 111111111111111111111111111 FILE NUM 2016005761 OR Bk 776 PG 1238 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/22/2016 01:28:18 P11 ANT $10.00 RECORDING FEES $35.50 DEED DOC $0.70 RECORDED BY N Pinon P9s 1238 - 1241; (4 n9s) THIS CORRECTIVE DEED IS ISSUED TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN QUITCLAIM DEED NUMBER 32913, RECORDED IN OFFICIAL RECORDS BOOK 773, PAGE 742, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Quit Claim Deed Number 32913 Corrective KNOW BY ALL PERSONS BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ( "GRANTOR "), is by Section 253.03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and WHEREAS, on April 6, 2016, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as GRANTOR, conveyed unto OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation, as GRANTEE, those certain lands in Okeechobee County, Florida, more particularly described in Quitclaim Deed Number 32913 (the "Property "); and WHEREAS, OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. wishes to have a corrective deed issued to include as part of the legal description of the Property a reference to the recording of the Plat of Okeechobee in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. NOW THEREFORE, GRANTOR, under authority of Section 253.03, Florida Statutes, for and in consideration of Ten and No /100 Dollars ($10.00) to it in hand paid by OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation, whose address is Post Office Box 1994, Okeechobee, Florida 34973 ( "GRANTEE "), has remised, released, conveyed and Book776 /Page1238 CFN #2016005761 Page 1 of 4 quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE and its successors and assigns forever, all of the right, title, interest, claim and demand which GRANTOR may have in and to the Property located in Okeechobee County, Florida, which is more particularly described as follows: SEE EXHIBIT "A" SAVING AND RESERVING unto GRANTOR and its successors, pursuant to Section 270.11(1), Florida Statutes, an undivided three - fourths interest in, and title in and to an undivided three- fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one -half interest in all the petroleum that is or may be in, on, or under the said land with the privilege to mine and develop the same. TO HAVE AND TO HOLD the Property subject to all outstanding easements, reservations and other interests. IN WITNESS WHEREOF, the undersigned as agent for and on behalf of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA has hereunto subscribed his name and has caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City of Tallahassee, the I n i±‘ day of JUJU- , A.D., 2016. Boa r"i rubfie�s ��ilF;�$�t�ement d, the �'tate of of the Trust Florida ?Call CU-Li,idn Witness Tun Harman (Typed or Printed Name of Witness) Corrective Deed No. 32913 Page 2 of 4 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF TH STATE OF FLORIDA By: i Da • A. Cla k, i re tor Di ision of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Book776 /Page1239 CFN #2016005761 Page 2 of 4 STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this 111172 day of JUJU, , 20(10 , by David A. Clark, Director, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FO', & LEGALITY ate of Florida at Marge Notary • •lic (Printed, Typed, or Stamped Name of Notary) Commiss My Comm This instrument prepared by Title and Land Records Section Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Corrective Deed No. 32913 Page 3 of 4 KATHY C GRIFFIN Notary Public • State of Florida Commission IP FF 917725 ►J My Comm. Expires Nov 27, 2919 • be,60 Mika Notary Assn. Book776 /Page1240 CFN #2016005761 Page 3 of 4 EXHIBIT "A" Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida and recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Corrective Deed No. 32913 Page 4 of 4 Book776 /Page1241 CFN #2016005761 BSM By 5K Date: 5.252016 STATE OF FLORIDA OKEECHOBEE COUNTY SISTOCE'•' FY THAT THE ,••EGGING COR E PAGESISATRUE a� T i OF THE ORIGINAL. •c ..'T i. RK U.% AAA. D.C. DATE Page 4 of 4 s_ L' ITC:1 [1 :1 dc t LLJ cot RsphoiLk--- (.0) LI\ cc rkp - • \\Ilitil:Ln (i.)Thicktf-ect s '6rit, vr.iroL.Ch (k.s iffix)6(.1 1 (J11 fl ( cis tysi (JILL( 0.) i-tv al-YA -i P oct-- ',L3L)-Dk 5, ipt.dcL..,‘•(.\: 1-ct (IS - LKW • 1 IC r V ,;; GiL. (-4 19 C,-4‘ extyl-tnus.. WIC) VC_ 1111111 111111 1 1111111 I U 111111111111111 FILE NUM 2016003361 OR BK 773 PG 742 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA RECORDED 04/13/2016 09:07 :30 AM AMT $253,000.00 RECORDING FEES $27.00 DEED DOC $1,771.00 RECORDED BY M Pinon Pss 742 - 744i (3 ass) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Quitclaim Deed Number 32913 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 28th day of January, 2016. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR ", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of TWO HUNDRED FIFTY -THREE THOUSAND DOLLARS ($253,000.00) and other good and valuable consideration, to it in hand paid by OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation, whose address is Post Office Box 1994, Okeechobee, Florida 34973, as "GRANTEE," has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: SEE "EXHIBIT A" SAVING AND RESERVING unto GRANTOR and its successors, pursuant to Section 270.11(1), Florida Statutes, an undivided three - fourths interest in, and title in and to an undivided three - fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one- half interest in all the petroleum that is or may be in, on, or under the said land with the privilege to mine and develop the same. TO HAVE AND TO HOLD the above- described lands subject to all outstanding easements, reservations and other interests. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to bee h,ereunto affixed in the City of Tallahassee, Florida, on this ,+ day of i'l , A.D. 2016. (SEAL), ....•... BOARD$GFsTRUSTEES OF ;,;' 1 4,• IMPROVEMENT TR ., ‘2,TiE STATE y , ..•lyre r APPROVED AS TO FORM AND LEGALITY By: JA l / DEP ; torney ADAM H. P COMMISSIONER OF AGRICULTURE 1r Rick Scott Gove r or P `: LA JO B ATTORNEY G As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Jim Leftheris, Government Operations Consultant III Department of Environmental Protection Bureau of Public Land Administration Division of State Lands 3900 Commonwealth Blvd. MS 130 Tallahassee, Florida 32399 -3000 Page 2 of 3 Quitclaim Deed No. 32913 Rnnle77'211Dona7A'2 f`RMI#7f11Rflf1ZZC.1 Dona ') of '3 EXHIBIT "A" Beginning at the NW comer of Block 27, run East a distance of 385 feet to the NE comer of Lot 11 of Block 28, thence South a distance of 715 feet to the SE comer of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot I6 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. BSM By SK Date 1.28.2015 Page 3 of 3 Quitclaim Deed No. 32913 D....L77'21D. , 7AA f`CAIff')f11WV1ZQG 1 Dono 1 of Patty Burnette From: Sent: To: Subject: Patt,, Heard from th '. state today, T I o '' sent out the corrected deed Thank you, Jackie < jpalmer @lynchpaving.com> Friday, June 10, 2016 1:20 PM Patty Burnette RE: PB /BOA Meeting June 16, 2016 Jak Palmer LYNCH PAVING & OKEECHOBEE ASPHALT & CONSTRUCTION CO. INC, READY MIXED CONCRETE INC. From: Patty Burnette [ mailto: pburnette @cityofokeechobee.com] Sent: Friday, June 10, 2016 12:33 PM To: jpalmer @lynchpaving.com; Steven L. Dobbs Subject: PB /BOA Meeting June 16, 2016 Hi Jackie and Steve, Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, June 16, 2016 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers: • Application No. 16- 002 -SSA Comprehensive Plan Future Land Use Map change from Single Family and Public Facilities to Industrial for all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue, Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 Northwest 9th Street. • Rezoning Petition No.16 -002 -R to rezone from Public Facilities to Industrial for all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 Northwest 9th Street. The proposed use is a maintenance yard. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Patty Burnette From: Patty Burnette Sent: Tuesday, May 24, 2016 3:37 PM To: 'Steven L. Dobbs'; 'j paimer@lynchpaving.com' Subject: Warranty deed for Okeechobee Asphalt Attachments: Quit Claim Deed.pdf Importance: High Hi Steve and Jackie. Not sure which one of you to ask, but I am needing some assistance. The survey and quit claim deed that were submitted with the Comprehensive Plan Amendment and Rezoning Change applications for the former DOT property are not correct. A corrective Quit Claim Deed is required and MUST be received before the Final Public Hearing (July 19, 2016). The property is within a platted subdivision which was originally within St. Lucie County and recorded in 1914 as the Town of Okeechobee, Plat Book 2, Page 17, St. Lucie County Public Records. However, it must continue on as this property is within Okeechobee County and needs to reflect that it is recorded in Plat Book 5, Page 5, Public Records for Okeechobee County, Florida. Okeechobee County was established in 1917. The City Clerk indicated that either the legal description can be continued with how it is referenced above or remove St. Lucie County information and insert correct Okeechobee information. have attached a copy of the Quit Claim Deed so you can see Exhibit "A ". Please note both paragraphs need to be corrected. Should you have any questions, please just let me know. I would appreciated your help in getting a corrected Quit Claim Deed to me very soon. Thanks, Patty Pc-1-9 M. 131A-rwezfte. etieraf Services Coordiiiator co of Okeechobee 55 Southeast 3rd 'Avenue Okeechobee, 'FL 34974 Te[: 863-763-;372 ext. 218 Tax: 86.3-7C;;-1686 BOUNDARY SURVEY PREPARED FOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. DESCR/P770N: BEGINNING AT THE NW CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET TO THE NE CORNER OF LOT 11 OF BLOCK 28; THENCE SOUTH A DISTANCE- OF 715 FEET TO THE SE CORNER OF LOT 16 OF BLOCK J9; THENCE RUN WEST A DISTANCE OF J85 FEET TO THE SW CORNER OF LOT 6 OF BLOCK 40, THENCE RUN NORTH A DISTANCE OF 715 FEET 70 THE PANT OF BEGINNING, ALL ACCORDING TO THE PLAT OF OKEECHOBEE,, RECORDED IN PLAT BOOK 2, PACE 17, PUBLIC RECORDS OF ST LUCPE COUNTY, FLORIDA. ALSO DESCRIBED AS LOTS 1 TO 6 INCLUSIVE OF BLOCK 27; LOTS 11 TO 16 INCLUSIVE OF BLOCK 28; LOTS 11 TO 16 INCLUSIVE OF BLOCK 39, LOIS 1 TO 6 INCLUSIVE OF BLOCK 40, TOGETHER MTH THAT PART OF SIXTEENTH STREET LYING BETWEEN BLOCKS 27 AND 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF OKEECHOBEE AVENUE LYING BETWEEN F7FTEENIH STREET AND SEVENTEENTH STREET, ALL ACCORDING TO THE PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 2, PACE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE DEED(0) AND MEASUREO(M) 2) SITE ADDRESS 500 NW 9TH STREET. 3) PARCEL /D. 3- 15- 37 -35- 0010- 00400 -0070 4) FIRM. ZONE' X" MAP NO. 12093C0415C, DATED 07/16/15 5) BEARING REFERENCE' 771E NORTH RIGHT-OF-WAY LINE OF NW 97H STREET 15 TAKEN TO BEAR SOUTH 894936" WEST. 6) THE DESCRIPTION SHOWN HEREON WAS PROVIDED BY IRE CLIENT OR THE CLIENT'S REPRESENTATIVE 7) THIS SURVEY IS NOT INTENDED 70 DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 8) SURVEYOR WAS NOT PROVIDED 11/771 ANY TIRE INFORMATION FAR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT O/MEN57ONS SHOWN HEREON, THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS 77/AT EFFECT THIS PARCEL. 9) THE SURVEY DEPICTED HERE 15 NOT COVERED BY PROFESSIONAL UAB/UTY INSURANCE ADD /AONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF 771E SIGNING PARTY OR PARTIES. 10) DATE OF LAST FIELD SURVEY.. 04/25/16. I Er 0 o ao su SCALE: 1" = 60' 0666 s/e )war, xc.i°i (BEAR...) z (70. _ l � 11TH s TRE EI e A rouxs o �o) az a EAST 305 9 10) 32.5'(l')I N A9 50'45' E 39Z.64'IN lx A LOCK 2� 0< as 3 L4 PARCEL L CONTAINS LS ACRES NW )=_TREAT 100. e/le 0 INTEP1OR IMPROVEMENTS MERE ATM AS PART Cf MIS SURVEY COCK 40) (8L0CK799 un�ry wz�p PCCE L_ F li C 1�IL i Yti I WEMS T3B 5'IDoS'I P)�B94e9 de92.61'wa n. aapn'm`E xlsR.nsmw. x_ __ I SHEET NO: 1 OF 1 SCALE: 1" = 60' .1na tirn 3m77 A STANDARD NOTES: N of the public records for determination of ownership or restrictions electing the la a performed by N surveyor. The survey depicted h s prepared a very for those parties noted. N esponsibibty or liability is assumed by the su veyor for u e by others not specifically n med. Not valid without the signature o n o e m b o s s e d seal of Florida licensed su veyor and mapper 14020. There visible above ground a ants a cept as shown. No attempt ivas made la Meats underground improvements and /ore encroachments 01 any) as part of this survey. iris survey was prepared 0 accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61017 -6. PAX) pursuant to Section 4]2.07]. Florida a Statutes. PREPARED FOR THE EXCLUSIVE & READY MIXED OE: OKEECHOBEE ASPHALT k READY MIXED CONCRETE, INC. TRADEWINDS SURVEYING SERVICES, LLC. , CI : LEGEND 0-Set Iron Rod and Cap "KAB LS 4820 •-Found CM •-Found Iron 0od (and Cap) e -Found Pipe (and cop) ABBREVIATIONS a =Be 6"..t,E�. o °"`a a °i°O °" ' ^^0.; , ,(� w= aan . - e`ilc) b. m(Ola 8 CRj: r� -ta.) tart.. .-m.0..,..1, " -Ypoa"° - - . NCV e:'°a LioOSte . 4 of 1929, - _ w. e- Pamr ZUZ: of sav r % ; : :a.°mo mi.R.w.nnnuRyw=Rgnr -w ,ronv. `ne SpIce a �` • Wovis. r m=a"ni,(".iyd-=Spot t Ale an indicalm Don," 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: kab.tw s®Y ahoo.com DESCRIPTOR DWC. DATE BY cK BOUNDARY SURVEY 04/27/16 WC 648 FILE: 3aT ]2 I JOB NO: }01]2 FB /PG: }45/9} I SCALE: 1" - 60 Kenneth A. Breaux Jr. (PSM 4820) LB N0. 8097 Calculations using the most Used Trip Generation Rates from the 6th Edition ITE Trip Generation Report w'Lunch Peak 146 -364 two way trips n CO m ti 0 m U (6 0 c) u) a rn 0 cD 0 1- H o co 0- c � C N 0 a) ca0) c a .c c C T J 0) a 0 0 ry LL Lunch Hour Traffic 1 0 0 0 0 » » »> No calculations but studies sho 0 0 0 0 0 0 0 _c a Not Available PM Peak Trips - Total Expected m - 1- 0 0 Not Available Not Available (0 m a - m Q 0 Z Not Available Expected Units 1Acres TSF Gross TSF Gross 00000 Occ. Room Berths [TSF Gross TSF Gross TSF Gross [TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross 1 !TSF Gross 'TSF Gross TSF Gross TSF Gross TSF 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 All Suites Hotel 311 Motel 320 Marina 420 Health Club 493 Church 560 Daycare Center 565 General Office 710 (Equation) Medical Dental Office 720 Building MaterialsiLumber 812 Hardware /Paint Store 816 Nursery (Garden Center) 817 Shopping Center 820 (Equation) 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 wI Gas Pumps 853 Discount Club 861 Pharmacy /Drugstore w/ Drive -thru Furniture Store 890 Walk -In Bank 911 Drive -In Bank 912 1 n CO m ti 0 m U (6 0 c) u) a rn 0 cD 0 1- H o co 0- c � C N 0 a) ca0) c a .c c C T J 0) a 0 0 ry LL Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of ?ell~ 2a , 201t, and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this ablL4 A day of 4 Signature of Applicant Date Kolioe4?. (2i( Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this >( ___day of , t r kno n to me ert 7 (4 or produced did not take an oath. ic, State :II lorida (Rev 3/5/15) Seal: . Personally, as identification and a`x`e` JACQUELINE J PALMER MY COMMISSION #FF159428 d!:= EXPIRES September 11, 2018 (407) 398-0153 FloridallotaryService.com Page 3of'11 ST ZIPCODE CITY NAME ADDRESS 3 0) V' O CO N N CD CO CO N V 0) V' V' CO CO CO CO W O V' V' V' 'Cr N O CO 01 O CO CO M O 4) N. 014- O O O 0 MO CO O) OM O M) MC) 4') ' L0,003000 'Cr N N V' 0) � CO ( 4 O O) O) 01 O1 • .t T 0 N 4) u) N Cu CV V V) CV V V' e) 0 m <V CV 0 .^ O CO CO N h V V h h h h V' N M O) V tt M M m M M N 0) CO C. CO CO (0 N- ▪ Q) 0 .0 0) Ohl V' C0 CI V' V' M V V' V' V' CA W M V M CO M V 0) M A37-,c1 M M M M M 07 (0 M M co co M co co co co M LL LL LL LL LL. LL LL LL. LL LL LL LL LL LL U. LL LL LL LL Ll. LL LL LL LL LL LL LL 0 0000 W W J W W W W w< W W W W W W W W W W W W W W Y W W W W W W W. 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OW WX z0zw X X Mpm,°Dt�wmww —4.—oz c,m(nq��c� N�z mom <a�q 222 �C°V o,,o,,,) O2 N� ^0000 _— ciQiho,a)co4c+?M.-co.-4 V 4Uo 02 :1 -a. x. 0;4 X } z Z Z z w 0 0 Q4 z } CC cd X X X 0000 MT 2 WXnt H 2 2 - 00 CO u J C1 JYiW��i uO o w _ ZQ W ccHouP , 0 0 0 0 0 0 • 0 0 co PP no oo OO co co O O 0 0 0 0• • N 0 0 9999 O O 0 O C0CCqy) 0 '0000 O O 0) 0 m moo 4s 0000 W O O 0 0 0 0 CV moo 0 0060 _ Moo • Q 0 0 0 0 2 0 0 O O O O Z v1 4i J M M, CO CO CO CO W n h r!- h h h h 0 M M myy m m M m QCO CD (l) (D 4') 4�) 47 a.(:1(.:4 (V (V (h M Cif 3-15-37-35-0010-00260-0010 o< O O 09 w 0 N O O 66 O O 99 AA A 4) h h M m OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. 'BILL" SHERMAN, PROPERTY APPRAISER Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 4/15/2016 Tjh 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 CITY OF OKEECHOBEt 55 SE 3rd AVENUE OKEECHOBEE Pt. 3497t RECENED SSA 5 2016 City of Okeechobee 55 SE Third Avenue Okeechobee, FL Tele: 863- 763 -3372 Ext. 218 Fax: 863- 763 -1686 Dear Property Owner: The Planning Board will be considering Rezoning Petition No. 16 -002 -R to rezon June 1, 2016 28; Lots 11 -16, 81 39; Lots 1 -6, BI 40, together with a portion of NW 10u1 St (f /k/a N 16� Okeechobee Ave) lying between Blocks 27 & 40, Lots 11 -16 of Blocks 28 & e Lots 1 -6, BI 27; Lots 11 -16, 81 Public Facilities to Industrial, for the purpose 4a maintenance yard. St) & N 7th Ave (f/k /a Public property owner within 300 feet for of the purpose You are invited to d. Y 39, located at co NW 9th Ave as a Hearing, held owner within 300 Rm 200 on location. Y June in invited o attend are be heard i this person ate Public !c a you may submit your questions, Hall, Rm commehus Thursday, y, June in 2016, and ba soon in thereafter at the Public 6:00 the B or as by tacting mr as the number or above or email: burnette hit ofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration a writing to fhe Board by contacting me at the number concerning PM (tentative) The petition file can be viewed at City Hall, Rm 100 during at a Final Public Hearing on August 16, 2016, cityofokeechobee.com or contact my office to have a copy normal office hours. The agenda is available online at py emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator Be A Man Buy Land LLC P. 0. Box 4281 Tequesta, FL 33469 Insite Development Group Holdings 3201 S Ocean Blvd PH2 Highland Beach, FL 33487 Shirley Johnson 1056 SE 39 Terrace Okeechobee, FL 34974 Decarlo Property Management Inc 405 SW 2nd St Okeechobee, FL 34974 Selina H. Abney 8272 SW 78th Ln Gainesville, FL 32608 Bruce & Pamela Snell 16550 Red Barn Rd Okeechobee, FL 34974 Sammy & Ann Hancock 990 SE 23rd St Okeechobee, FL 34974 Robbie Lewis Ridley, ETAL 800 NW 11th St Okeechobee, FL 34972 Fossler LLC c/o Randy Simler 310 Lake Shore Dr Apt 3 N Lake Park, FL 33403 Sam Lane 1702 NE 3rd St Okeechobee, FL 34972 Salry RR Assessed By Dor C/0 CSX Corp 500 Water St, J910 Jacksonville, FL 33202 Sammy Hancock, ETAL 990 SE 23rd St Okeechobee, FL 34974 Billy & Jerri Lynn Hill 1632 NE 103rd Avenue Okeechobee, FL 34974 Hamrick Trust HG Culbreth P.O. Box 848 Okeechobee, FL 34973 Okeechobee County Administrator Robbie Chartier 304 NW 2nd Street, RM 123 Okeechobee, FL 34972 City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: June 1, 2016 The Planning Board will be considering Rezoning Petition No. 16 -002 -R to rezone Lots 1 -6, BI 27; Lots 11 -16, BI 28; Lots 11 -16, BI 39; Lots 1 -6, BI 40, together with a portion of NW 10th St (f /k /a N 16th St) & NW 7th Ave (flk /a Okeechobee Ave) lying between Blocks 27 & 40, Lots 11 -16 of Blocks 28 & 39, located at 500 NW 9th Ave from Public Facilities to Industrial, for the purpose of a maintenance yard. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, June 16, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette @cityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on August 16, 2016, 6:00 PM (tentative) The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: June 1, 2016 The Planning Board will be considering Rezoning Petition No. 16 -002 -R to rezone Lots 1 -6, BI 27; Lots 11 -16, BI 28; Lots 11 -16, BI 39; Lots 1 -6, BI 40, together with a portion of NW 10th St (f /k /a N 16th St) & NW 7th Ave (f /k /a Okeechobee Ave) lying between Blocks 27 & 40, Lots 11 -16 of Blocks 28 & 39, located at 500 NW 9th Ave from Public Facilities to Industrial, for the purpose of a maintenance yard. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, June 16, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette ncityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on August 16, 2016, 6:00 PM (tentative) The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): Date of 1st Public Hearing: ( 1 Address of subject property (or Legal if no address): `� i l I, o ► f� ALL, - , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on %' , f it , and will remove sign on Signature: STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this w$p is personally known to me V' or produced 2 A or it; %i l l" (signature) SEAL: Print, type or stamp name of Notary Date: Qt2by '' ..74f, ley') as identification. :Vr %'', ',� BOBBIE JO JENKINS ?�, ,� Commission # FF 975408 : .; My Commission Expires March 24, 2020 NOTICE OF PUBLIC HEARING REZONING PETITION N0. 16-002-R J J a i- 0 1-- a a. co (0 iv- O N c0 r 1- u) n 0 a c5 w z 0 1- CO w H -.1 U a LL 0 CO 0 M 0 Ce U- 0 Z_ z 0 N w 0 z Q s 0 0 1-- w (i) 0 w a- 1— D o a_ w H CO CO 1— Z 0 J Q Lt IF- CO in z w w ft 0 z 0 0 o w m 0 Q w W 06 J Q 0_ V) a w w m 0 s 0 w 0 I. Z Q 0 0_ a_ Q D W K D a W CC a x a Q w w m 0 x 0 W W 0 W Z 0 w 0 IL CL w w ct 0 z 0 0 0 Q z 0 0 Z 0 E-- 0 L.L. Z r w D LL Q Q P. M w co ILO LC) CO r-. N 41r< w CNal I.- M M M co ti M c0 00 4-: ..... eL a) ~ cy, cl d- cn M CD J C.) LL a) a) CO sa 0 co v a) a) c a) a) ._c 0 0 INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of F„ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of # t`, Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this a dvertisernerlt for publication in the said newspaper. Katrina Elsken Sworn to and,bscribed before me this day of E rr Notary Public, State of Florida at Large AD ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: AM 20,2020 .Oi ?P Bonded T to Notary Pub&C Undervmisrs Okeechob e Ne0ws 107 SW 17t-Vi Street, tx)te L Okeechobee; Florida 34974 863`` -763 -3134 M; NOTICE OF ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues, Aug. 16, 2016, at 5 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1138: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 002 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILTTY; PROVIDED FOR AN EFFECTIVE DATE. The Ordnance is regarding Rezoning Petition No. 16- 002 -R, submitted by Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Con - crete Inc., located at 500 NW 9th Street, and is approximately 6.5 acres. The proposed use is a maintenance yard. Legal: All of Blocks 27 and 40; Lots 11 to 16 of Block 28; Lots 11 to 16 of Block 39; together with a portion of NW 10th ST (f /k /a N 16th ST) and NW 7th AVE (f /k /a Okeechobee AVE) Tying between Blocks 27, 40, Lots 11 to 16 of Blocks 28 and 39, all according to the Plat of Okeechobee, Record- ed in Plat Book 2, Page 17, Public Records of St. Lucie County, and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record 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 City Clerk's 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 Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: City Clerk Lane Gamiotea, CMC 477131 ON 8/5/2016 Classified Proof Client Address 161381 - CITY OF OKEECHOBEE 55 SE 3RD AVE, Attn: Bobbie Jenkins OKEECHOBEE, FL, 34974 Order# 477131 Classification 5005 - Public Notice Start Date 08/05/2016 End Date 08/11/2016 Run Dates 8 Publication(s) newszap.com - Florida, Okeechobee News Sales Rep 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 bjenkins@cityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO # 4075 Created By JLEVY Creation Date 08/03/2016, 11:50:37 am Dimensions 2.4067 " X 3.9167 " Phone E -Mail Fax (302) 741 -8297 jlevy @newszap.com (302) 741 -8215 NOTICE OF ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE I5 HEREBY GIVEN that the Gty Courxil of the City of Okeecho- bee, will conduct a Public Hexing on Tues, Aug. 16, 2016, at 5 PM, or as soon thereafter possible, at Oty Hall, 55 5E 3rd Ave, Okeechobee, FL, to consider final rearing for adoption of the following Ordnance into Iasi No. 1138: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 002 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE. The Ordnance is regardng Rezoning Petition No. 16-002 -0, submitted by Robert Gent, Registered Agent for Okeechobee Asphat & Ready fixed Conn crete, Inc., bated at 506 NW 9th Street, and is approximately 6.5 aces. The proposed use B a maintenanco yard. Legal: All of Blocks 27 and 40; Lots 11 to 16 of Block 28• Lots 11 to 16 of Block 39; together with a portion of NW 10th ST (f /k /a N 16th 61) and NW 7th AVE (f /k /a Okeectabee AVE) tying between Blocks 27, 40, Lots 11 to 16 of Blocks 28 and 39, all according to the Plat of Okeechobee, Record- ed in Plat Book 2, Page 17, Public Records of St Lucie County, and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The petition may be inspected at the address above during regular business hours, Mon-Fn, 8 Ah1 -4:30 PM, except for holidays. Al members of the public are encnuracd 1n attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mere hers of the public at the Office of the Gty Clerk during normal business hours, Man -Fr:, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Gty Coutdl with respell to any matter considered at ths meeting will need to ensure a verbatim record of the proceedrg is made and the record includes the testimony and evidence upon which the appeal rill be based. In accor- dance with the Pmericors with Disabilities Ad (ADA), any person with a dsabitity as Mined by the ALA, that needs special accommodation to par- ticipate in this proceedrg, contact the Oty Clerk's Office no later than two business days prior to promedrg, 863 -763 -3372. BE ADVISED that sfwuid you intend to show any doaurent, picture, video or items to the Council in support or opposition to any iten on the agenda, a copy of th document, picture, video, or item MUST be provided to the City Gerk for the Crtys records. By: City Clerk Lane Ganiotea, CMC 477131 ON 8/5/2016 Order Price Tax 1 Tax 2 Total Net Payment $100.80 $0.00 $0.00 $100.80 $0.00 Proofed by Janet Levy, 08/03/2016 11:52:57 am Page: 1 INDEPENDENT NEWSMEDIA INC. USA /pp. I teflyEll �. Okeechs.teNews // f / 107 SW 17t teet, Suite D Okeechobee, fF6"..ida 34974 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 44&_4.4 0/1. 4)-6,—(1.0_) 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 ; 6/(06 Alliant 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 he said newspaper. t:. Katrina Elsken Sworn to and subscribed befog me this ac) I s-- t, day of Notary Public, State of Florida at Large AD ?DA ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Aprt20,2020 p,«,o ' Bonded Thru Notary Public Underwritsrs 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., June 16, 2016, 6 P14, or as soon thereafter as possible, at City Hall, 55 5E 3rd AVE, Council Chambers, Rm 200, Okeechobee, FL, to consider and re- ceive input on Rezoning Petition No. 16-002 -R, submitted by property own- er, Mr. Robert Gent (Registered Agent), Okeechobee Asphalt & Ready Mixed Concrete, Inc. The public is encouraged to attend. Petition No. 16 -002 -R requests to rezone property located at 500 NW 9th Street, from Public Facilities (PUB) to Industrial (IND). The proposed use is a maintenance yard. Legal: All of Blocks 27 and 40• Lots 11 to 16 of Block 28; Lots 11 to 16 of Blodc 39• together with a portion of NW 10th ST (f /k /a N 16th ST) and NW 71h AVE (f /k /a Okeechobee AVE) lying between Blocks 27 40, Lots 11 to 16 of Bloch 28 and 39, all according to the Plat of Okeedlobee, Recorded in Plat Book 2, Page 17 Public Records of St. Lucie County, and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and is ap- proximately 6.5 acres. The petition 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-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 decisions. A recommenda- tion to approve or deny will be forwarded to the Gty Council, tentatively scheduled on July 19, 2016 (First Reading) and final adoption Public Hear- ing an August 16, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record indudes 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 spedal accommodation to par- ticipate In this proceeding, contact the Cenral 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, Petition No. 16 -002 -R 976302 ON 5/29;6/8/2016 Classified Proof Client Address Order# Classification Start Date End Date Run Dates Publication(s) Sales Rep 161381 - CITY OF OKEECHOBEE 55 SE 3RD AVE, Attn: Bobbie Jenkins OKEECHOBEE, FL, 34974 476302 5005 - Public Notice 05/29/2016 06/08/2016 10 newszap.com - Florida, Okeechobee News 4205 - Janet Levy Phone E -Mail Fax (863) 763 -3372 Ext: 0000 bjenkins @cityofokeechobee.com (863) 763 -1686 Ext: 0000 Requested By PO # 4075 Created By JLEVY Creation Date 05/27/2016, 10:54:44 am Dimensions 2.4067 " X 3.7567 " Phone E -Mail Fax (302) 741 -8297 jlevy @newszap.com (302) 741 -8215 PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI- AAICIAL PUBLIC HEAR- ING Olt be Ind before the Oty of Ckeedhobee Flaming Board on Thus. June 16, 2016 6 PM, or as soon thereafter as passible, at Oty Hai, 55 SE 3rd AVE, Coundl Grnbers, Rio 200, Okeedbotee, R., to corsdr and re- ceive input on Rezonirg Petition Nb. 16-002 -RR,, submitted own- er, o- er,Mr. Robert Gent (Re9stered Pgert), Ckeednbee Asphalt &Ready fixed Concrete, Inc The putic is encouraged to attend. Petition No. 16-002 -R requests to rezone property located at 500 NW 9th greet, from Pbblic Fadities (PUB) to Industrial (IND). The proposed use is a maintenaree yard Leciat All of Biodcs 27 and 40; this 11 to 16 of Lots 11 Block 10th 5r (/k/ N�16th ST) and NW 7th AVE (f/ka/a Okeechobee AVE) lying between Blocks 27 40, Lots 11 to 16 of Blocks 22 and 39, all according the e Plat of Okeechobee, Recorded in Plat Book 2, PaaggSe 17 Pudic Records of St. Lurie County, and Plat Book 5, pprromatdly 655 awes. of apCeetacn may be County, k s Florida, 3edat to aed � above thing realer tusirrs hours, Mon-Fri, 8 PM -4:30 Rh, meet for holidays. A Pubic Hexing for a rezorirg petition is handed as a "Q asi- Judidar pro- osedug, mooring a mover sirrilar to a court, Bring testimony and ques- tioning presenters wta pride substantial and competent evidence It is the arty of the Planing Board to arrive at sound demons. A recommenda- tion to approve or deny volt to forwarded m to Oty Council, tentatively schedded on July 19, 2016 (Fist Readrg) and final adoption PUNIC Hear- ing on August 16, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any derision made by the Planing Ebard oath respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceedro is mach and the record iduxies the testimony and evidence in which the apoeai vdll be based In acmr- danee with the Pmerimrs wth eisatilbe5 Ad (ALTO), any person with a dsatdity as defined by the ALV that needs aamtnodatin to par- ticipate m this o. ring, contact the l Services ME no later than NA business days prior to fxoceedng, 863- 763-3372 BE ADVISED that stnu/d you Otend to shay any document, picture, video a bars hhmtt -o Flaming Board in support or cppostion to an item on the Board Secretary for the otyss rearrckvdeo, a item onus be provided to the BY: Zoning Administrator Marcos fbntesDeOca, Petition No. 16-002 -11 476302 ON 5/29;082016 Order Price Tax 1 Tax 2 Total Net Payment $228.96 80.00 80.00 $228.96 $0.00 Proofed by Janet Levy, 05/27/2016 10:57:29 am Page: 1 < D-0 > Z D* oo DM DD W- W M O —. 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Motion to adopt Ordinance No. 1138. C O 0) -o w N to 0 a) E E 0 0 0 L d R � N s -a O 0- o� c) - o 0 3 0 °- 0 O (n 0 C1.1 Q Q SD E 0 ° 0 � z Cfl 0 O c) City Attorney to read proposed Ordinance No. 1139 by title only. 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WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 16- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.45 acres from Public Facilities to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on June 16, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 6.45 acres, as the subject property, located in the City of Okeechobee, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET TO THE NORTHEAST CORNER OF LOT 11 OF BLOCK 28, THENCE SOUTH A DISTANCE OF 715 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF BLOCK 39, THENCE RUN WEST A DISTANCE OF 385 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF BLOCK 40, THENCE RUN NORTH A DISTANCE OF 715 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO DESCRIBED AS: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 27; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 28; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 39 AND LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 40, TOGETHER WITH THAT PART OF NORTHWEST 10TH STREET (FORMERLY KNOWN AS 16TH STREET) LYING BETWEEN LOT 6 OF BLOCK 27 AND LOT 1 OF BLOCK 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF NORTHWEST 7TH AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING BETWEEN NORTHWEST 9TH AND 11TH STREETS, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1138 Page 1 of 2 SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Public Facilities (PUB) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this . ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (16- 002 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of August, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1138 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 5_ 84,6 Petition No. 1(0 -0W— I Fee Paid: Ol 4 ( jig5 Jurisdiction: pis /cc , 1st Hearing: cO46 _169-) 2 "d Hearing: � -q. I - 8, (. i6 Publication Dates: 5.29lo e (-8'/!o vor P(3 MI5 -- e Notices Mailed: (,p_ 1_11p 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): 863 -824 -7644 PROPERTY INFORMATION Property address /directions to property: 500 NW 9th Street, Okeechobee, FL 34972 (14. Parrat} Ave) Approximately 0.4 miles west of the intersection of NW 9th Street and Highway 441N on the north side of NW 9th Street. 8 Describe current use of property: The site historically was used as the maintenance yard for FDOT. The current owner proposes to use the site as it has been used historically. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. There is currently a 442 sf office building, a 4,284 sf warehouse, and a 1,322 sf Mobile office building. Source of potable water: Well Method of sewage disposal: Septic Tank 10 Approx. acreage: 6.5 Ac 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: Vacant, Undeveloped East: Vacant Undeveloped South: Industrial Asphali- / Pa.vincj o Fera-FlonS West: Single Family Residence/Vacant 14 Existing zoning: Public Facilitiesiz R Facilities Future Land Use classification:Public Facilities -t- 3 F 15 Have there been any prior rezoning, property? (X )No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3- 15- 37- 35- 0010 - 00400 -0070 (Rev 3/5/15) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 6e_J Al—aq-lle 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: 4/6/2016 - 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 6e_J Al—aq-lle 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 Current zoning classification: Public Facilities/ I Requested zoning classification Industrial B Describe the desired permitted use and intended nature of activities and development of the property? 3- 15- 37 -35- 0010 -00400 -0070 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 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 wFLORIDA DEPARTMENT OF STATE -' Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Filing Information Document Number FEI /EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 503 NW 9TH STREET OKEECHOBEE, FL 34972 Mailing Address P.O. BOX 1994 OKEECHOBEE, FL 34973 P07000032499 20- 8610499 03/13/2007 FL ACTIVE AMENDMENT 05/01/2007 NONE Changed: 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer /Director Detail Name & Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE, FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT, MA 02635 Annual Reports Petition No. Lo- coa_ rl Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of Ar.11_ 2"t , 20 1te and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this c; l , atl Ci44A " day of Signature of Applicant cRolopc-1-?. „s- Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day of Date f _ , . Personally. !Dolan to me ej ' e (4 ca or produced as identification and did not take an oath. blic, State lorida (Rev 3/5/15) Seal: - - -f:cA JACQUELINE J PALMER '? MY COMMISSION #FF159428 EXPIRES September 11, 2018 (407) 398 -0153 FloridallotaryService.com Page 3of11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: Public Facilities 11R Requested zoning classification Industrial B Describe the desired permitted use and intended nature of activities and development of the property? 3- 15- 37 -35- 0010 -00400 -0070 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 extemal 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 and has been used and Public Facilities and Single Family Residential as the past land owners did. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to continue to use the property as it has been used in the past is authorized under Industrial. 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 under the same ownership has been used as the current owner is planning to use it in the future. 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 was previously used as the current owner is planning 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; As stated previously, the use has been the same 011 the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized. 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 property's use is not going to change as a result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel. 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 there are currently no plans to construct additional facilities on 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 is the same as the previous use, which has not caused the parcel to suffer from 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 6.5 acres located in Section 15, Township 37S, and Range 35E. The property's parcel ID is 3- 15- 37 -35- 0010 - 00400 -0070. It is currently located in the City of Okeechobee with a current zoning of PUB — Public Facilities and a FLU of Public Facilities for the abandoned portion of NW 7th Avenue between NW 11t Street and NW 9th Street and the abandoned portion of NW 10th Street between NW 8th Avenue and the east boundary of the parcel and block 27 and the west portion of block 28 in this parcel. Block 40 and the western portion of block 39 have a FLU of Single Family Residential. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has purchased this parcel from FDOT and is planning to use the parcel as FDOT did historically for material storage (crushed concrete, Asphalt Millings, and other such construction materials), office, and construction equipment repair. This application is for the City to grant a zoning on this parcel from the existing Public Facilities and Single Family Residential to Industrial. The existing access to this property is from NW 9th Street from the south. 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. Okeechobee Asphalt and Ready Mix Concrete, Inc. Comprehensive Plan and Rezoning Legal Description ALL LESS W 660 FT ALSO COM AT SW COR OF SEC 5 BEAR ERLY ON S LINE OF SEC 5 DIST OF 50 FT TO ERLY R/W LINE OF PLATTS BLUFF RD & POB THENCE BEAR NRLY ON ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT THENCE BEAR ERLY & P/L TO S LINE OF SEC 5 DIST OF 610 FT THENCE BEAR SRLY & P/L TO ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT TO S LINE OF SEC 5 THENCE BEAR WRLY ON S LINE OF SEC 5 DIST OF 610 FT BOUNDARY SURVEY PREPARED FOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. OESCRIPNON.: BEMIRING AT THE NW CORNER OF BLOCK 2E RUN EAST A DISTANCE OF 385 FEET TO THE N£ CORNER OF LOT 17 77' BLOCK 28; THRICE SOUTH A DISTANCE OF 715 FEET TO 7H£ SE' CORNER OF WT 16 OF BLOCK 39; THENCE RUN KEST A DISTANCE OF 385 FEET TO THE SW CORNER CF LOT 6 OF BLOCK 40,• THENCE RUN MX071 A DISTANCE OF 715 FEET 7D 11/5 PAINT OF BE1815NC. ALL ACCORDING 7O THE PLAT OF CYFEEC/OBE7' RECORDED IN PLAT BOOK Z PACE 17. PUBLIC RECORDS OF ST. LUPE COUNT); FLORIDA. ALSO DESCRIBED As• An cv, reCDrt P 5 NA-10UL PJ fr d.S D ()l&(.cinCe..ox D(�.: J� l LOTS 1 TO 6 INCLUSIVE OF BLOCK 27.• L07S :1 1D 16 INCLUSIVE or BLOM 28 ;• LOTS 11 TO 16 /NCLUAIE OF BLOCK .39; LOIS 1 70 6 INCLUSIVE Or BLOCK 44 wawa? H1111 THAT PART Or SIXIEEN714 STREET LYING BEIKEEN BLOCKS 27 AND 40 AND BE7KEE71 LOT 76 OF BLOCK 28 AND LOT 11 W BLOCK 39 AND ALL 1HAT PART OF CCEECHO8EE AVENUE LYING BE7K2i71 FIFTEENTH 51R5ET AND SEVEN:FENTN STREET. ALL ACCORDING TO THE PLAT OF OKEECIARE5 RECORDED IN PLAT BOOK Z PAGE 17, PUBLIC RECORDS OF ST. LUCYE COUNTY. FLORIDA. N\ 10,-x, -Ott/ It\vt �`;(/ (a f)Ve_ec'foi---oi 1\v",- ��„ >' 7 l NW iITH STREET ��a __ 1 R I rrle.e)siC �irow na. EAST 365'10) 392.5%P)) N 0• 9.50'45' E 392.64'7M) vat I- -•__._ ,ac .__•_ _.__._ _.__. -_.__. 1 - -- •_ -._ -.! -._ -10-µ- 2uµ7. 1 - -._.\ n. m.a i I C 4 E x I I I 12 I I I I ''I PROJECT SPECIFIC NOTES: ' 's I 7 1 i e ! L - 7) UNLESS SHOW O7HERHf52: ALL OIMEN570V5 ARE OEE-D(0) AND 1 i �eLOOC 27 _ ; W I j - BLOOC 7d. i MFASURED(M). '-' -)I r- 2J 517E ADDRESS 5110 NW 9TH STREET. r , �Z' - - - l I - J) PARCEL ID: J- l5- 37 -35- 0010 -00400 -0070. .. 1 l I ' I ' Is 1 ! i 4) F./.R.M. ZONE X; MAP NO. 1209JC0415C• DATED 07/16/15. C , I Q=, i , = I 5) BEARING REFERENCE ENE NORTH RIGHT-OF-WAY LINE Cr NW 9TH ! ___, n ,_ - - - - .j_ I ■ STREET IS TAKEN TO BEAR SOUTH 89f9J6' HEST. i i 6) NE OESC7/PTICW SHORN HEREON WAS PRONGED BY THE CIJENT OR PIE i i ' I z. I n i CLIENT'S REPRESENTATIVE i 71 , 1 i I 'I 7) THIS SURVEY IS NOT /N7EN0£D 70 DEPICT .R/RISO/CTICWAL AREAS OR - 1 ! , d 1 OTHER AREAS OF LOCAL CONCERN. - - �- I 8) SURIF7'OR WAS NOT PROHDEO WITH ANY TIRE INFORMATION FOR TH /S �1 I I- i PARCEL SURVEYOR ASSUMES NO RESPONSOBIUTY OR UABIUTY FAR ENE dj ! I 1 3 ACCURACY OF E.SE7/ENT O/MEHS1LWS SHORN HEREON, THERE MAY BE j - • ' ' " ° ' - OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL V L.. n ! _ _ _ _� I o L _ _ 9) T7YE S7/RVEYOEPICTFTI HERE IS NOT COVERED BY PROFS90NAL °`5b -. 3 !--- -- - - - --� I 1 1 ^ LIABILITY /NSURANI ADDITIONS L14 DELETIONS 70 SURVEY MAPS A4 � ' ' i i. REPORTS BY 0771EN THAN 77/E SEXING PARTY OR PARRES IS PROM /5IIID 70 i : PARCEL CONTAINS 1 . 817HWT HRITIEN CONSENT OF 711£ SIGNING PARTY OR PARRIES big 0 i e -6.4 5 1 i Y 70) DAIS OF [AST f1ELD SURVEY.• 04/25/16. ,e.an'taxv. ! Id NW 10TH STREET 1 8'g� o i7.(- _--- _--_ -_ N Z , I b RG I 1 oar, wows .µ.0041 POW 19I ; !U O 1 1 =WO AS 1M v116 SI.ST , I b r i _i_7.__- __ -__� 1 �_ 7.7._7.7. i I N r- FI 1 1 11 i ICI z� T I i I- - I 1 -f- I;_ 1 10 2 I i I !x - I im1 to 1 I I I 1II!II i 1 x 1 1 L_ - C � BOCK 39- T ! T 1 I 1 , I ; II-11 13 - - - - -I i E I O' I I r I.m I I 'S jJ 11A ' .0 L - - -- I i I I , la S1E lY , SCALE: 4= GO' 1 I 11 3' l'i 4�6 �I b3s d r 12p a mat I me: �F 3tenni C 1 �.t t�c ` eW 4444 r � a WE T 3651'04) 392.11P1 '" 9 49 W 392.611M) sy,,.,� stun v. - 1-_____ NW 9TH STREET - _- _- _- _ -_ -_- ._ _ - --g--T -t wl do �-wa- rat ce STANDARD NOTES No scads al the passe rraads Tor detenn1o0en at o•nennip « 7117,707000 otl.ol. g the. fonds Nom ..1 perfumed by the sorvare. Th. survey 8.p7led her. bar µ01d ndua.voly Tar mom portfea noted. No rolpan.a3lty \ ar 6µb707 h 03.1103 by the verw,or for usµ by others not speorcany noned. Not wf4 nlneot the s'gwtare and embossed root of Ronda kennel surwya and meppc 0820. Thera a. no N1114. thaw tround .0000020ne270 ncept of i.o.n No attempt 002 mod. 10 locale undrr4re nd •rnpeowments and /or ..u0022µ..20. (tt my) a. pat of Uie 0,4,.1. 060 wrtv y .n p..par.d F o.w done. .th n.7'mvn 7.dnlcd slo28a8..elobaMod by U. Ratio Board of 5urr.pn and toppers (Cowper 61017 -1. rAG) pun.ont to Stet.. 472.027. Raids statutes. PREPARE) FOR THE F0CLUSWE -USE OF: OKEE0100EE ASPHALT 6 READY 10000 CONCRETE. WC. 0000091021 01C. DATE BY Cx BOUNDARY SURVEY 04/28/16 00 OH FILE: 30172 I JOB N0. 30172 ' 113PPQ 375/93 1 SERE: r • 60' TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee. FL. 34974 Tel: (883) 783 -2887 Fax: (883) 783 -4342 Email: kab.twpo®yahoo.com Kenneth A. Breaux. Jr. (PS)4 4820) LB N0. 8097 IECENO O -501 Von Rod and Cop •)(A0 L5 4620' ■ -round Cu •-round bon Rod (and Cop) 0 -Found P. (and Cop) `*`001200.11005 __ TS 13. C.v .00140.6 3333-3.3.0 0.0.00 6.MY w Cwed Mqn 14.3 T.At•I.ec iea �...¢bi..a. N.>•eo. (0. ra1 YAM. q W -V■.da N-.bw: 143.3.3 .2 1.1 Cwe.et .c Us.wm< s. .• (.0l .00...N !RA SI N Solt 0.30.1µ013C1r.a o t.1.0.12 -oo N0.lt P Ant KM.0 . too -Poet .1 Corwn. Kr. 1 t 1000.0.0 J ..p...%.s 1.4334 el C.�....•.n..t Gel N A,..•• 03al01 1N. -M1�rnl 0.r..o -. -017 N.0 -AWk vow, es*, e.aeNC .A.- Aq,t -er-RA 1i Dos l ST ZIPCODE W }Z� U CO CO W LY ❑ 0) re NI U) 00 W Z C3 `a z 0 z O D w ❑ w re w z O 01 W 0 z J W U 0) V' V' O (D N N (D ! (D [D N V' 1 V' 01 03 0) (D 01 0 i vl V' 0I� 0) O (D 0) O) m (D (D (D O 0) N. 0 VVT� O O O O 0) 0) 0) 0 ED 01 M m CO 0) I() 0) (0 O 0) O CV N V' CO 'CT (D (D O 0) CO W • VT V- O N u) .r) N N N N M 04 v- .1 m 0 0) NNOC-�'- O0)0) Nn sr sr (- 0- Dt st Nm0) •! 0)M co N p) 07 M 0) O� N V CD Obi V' C0 M M V CD V 'Jr V' V V' CD CO 0- CD m (VIA' m CD CD CD CD /1 Or m V' `) m OD C'I� J J .11 _J_J J LL LL IL LL LL LL LL LL LL LL IL` LL IL LL LL U- U- LL LL LL LL LL LL LL LC LL 13 S f l= 1 ,��0, �o�aa�tt7 '((J '(('J� 00 WWJpp W Wm C CO WWW W Ill NC WW WWW W Mt 03 CO 03 ▪ 00z0000W0❑000 OOQOW --0000 U)_= OZ S=zZZZ=SS0SSLLSQ >N=x=S 0WWY =WW =S2SWWW0WWYW�ZZWWWW W W W W W Y Q Y W (» Y Y Y m�l Y Y_J Y Y Q Y Y Y F- 00,20022S=000p 0o zo.D 0000 0 0) 500 WATER STREET C/O CSX CORP N N CJ N CI 0 > >K > m m SC 1- F a a Q < re tk o 0 w d) re re 0 0 X v S 0 Y X Y m� O 0 O (oat Z O m m of 0 -¢ W S .W Z m mazQQZaigaaX =W70- ?CO CO Q awaaaF-F.(,)mZZ❑m�ti V W Scuo Mm UCJ Q) Oit NN }tl p)ON NO 00 0 cpU)(nal�(hc (l�9o)ZZm�3`^g(9 co eq�(++--��O N -[N (0 0) N 0) 0) N N N O 00 (0 0 0 _ CL QMYmm1 m avgOo I Z Z U oU 0000 II w Q Z S 9 O 0 �`� �OfOf W F- 0 s ~ZaT W 0 .w 0 0 0 0 0 0 0 o CO 0 Q m O O m 0 Co 0 0 Si' CI 0 0 0 O 0 0 O O O O O O CO O m N N 0 0 0 0 0 0 0 0 0 O O O O O O O O O O Q Q 0 0 0 0 O 0 0 0 0 0 0 M M I; ...I. ri ct 0- Mm mm mm CD CD CD U w la V1 r N N ) N M (�) (7 Ce J F wU wce 0= qo a X _ X d a ocn OBCC A3PH 0 <.•0 w r O O O O d O 66 O OD OD CD cn NO O a m 0 O O O O m 0 m m 9 9 rrvur.1- A-6 9 9 Pi Y'r np -losoc o_ `LP11"I- @qtr", GIS / MAPPING DEPARTMENT W.C. "DILL" SHERMAN, PROPERTY APPRAISER Legend a Al- - _ -. t .. °�' • 0,04.,1^ '.C.. ' �� ,t " ..tz.0 1 y� 0714 , r. i=ce .44 ` F"� 'a �. - �_" r, l 4, ,�Ly lt , J1 v 1 Z.':'-^-z + Drawn By RU55 DUNCAN CFE, AGRICULTURE /MAPPER Date: 4/15/2016 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 Trip Generation Report Calculations using the most Used True Generation Rates from the 6th Edition CT w'Lunch Peak 146 -364 two way trips CO 0 s O cn m 0 N X N [) 01 co O 0. O) (7? N 0 o�O )n 0) m C C c O N N O a) ea m L `>. J 0) O O O Lunch Hour Traffic o o 0 » » »> No calculations but studies sho 0 0 0 Total o (3 o c G. Not Availabl PM Peak Trips - Total 00 Expected Daily Trips 0E !Not Available Not Available a) m < 0 z Not Available 1 a) T CO .@ Q 0 z Expected Units Units [Acres TSF Gross TSF Gross DU DU !DU 0 Occ,Room Occ.Room Berths TSF Gross TSF Gross u) N O 0 F 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 C O •— .N 0 a ti Fuel Position Service Bays TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Drive -In Windows 1_ Description /ITE Code Truck Terminal 030 General Light Industrial 110 Mini Warehouse 151 Single Family Homes 210 Apartments 220 1Mobile Home Park 240 Retirement Community 250 All Suites Hotel 311 Motel 320 Marina 420 Health Club 493 (D co: t 0 Daycare Center 565 'General Office 710 (Equation) uar2l Oiiic '710 (R ail Medical Dental Office 720 1Building Materials /Lumber 812 Hardware /Paint Store 816 Nursery (Garden Center) 817 'Shopping Center 820 (Equation) Siioopmr) 020 (r;u. ;) Quality Restaurant 831 • M N a) C O 0 m > O C 7 t- a 2 Fast Food w/o Drive Thru 833 Fast Food with Drive Thru 834 ! Drive Thru Only 835 Service Station 844 J Serv.Station w/ Conven.Mkt 845 Tire Store 848 !Supermarket 850 ! Convenien. Mkt (Open 24 hrs) 851 Convenien. Mkt (Open 16 Hrs) 852 1Convenien. Mkt w/ Gas Pumps 853 1 Discount Club 861 Pharmacy /Drugstore w/ Drive -thru !Furniture Store 890 [ Walk -In Bank 911 Drive -In Bank 912 CO 0 s O cn m 0 N X N [) 01 co O 0. O) (7? N 0 o�O )n 0) m C C c O N N O a) ea m L `>. J 0) O O O Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -002 -R r Planning & Management Services, Inc. 1375 Jackson Street, Suite 20G Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R General Information Site Address Okeechobee Asphalt & Ready Mixed Concrete P.O. Box 1994' Okeechobee, FL 34973 500 NW 9th Street Okeechobee, FL 34972 Contaet,Person Contact Phone Number Contact Email-Address Stephen L DObbS, Agent 863- 824 -7644 Isdobbs @stevedobbsengineering:com Legal Description of Subject Property Parcel Identification Number: 3- 15- 37 -35- 0010- 00400 -0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Request The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45 -acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single - Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Proposed Future Land Use Single- Family Residential (30 %) Industrial Category Public Facilities (70 %) Zoning District PUB, Public Facilities (entire parcel) IND, Industrial Use of Property FDOT Maintenance Yard Materials storage Acreage 6.45 acres 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future' Land Use Map _Classification r Multi Family .District IiRMF. Existing Land Use _ - _ 1 Vacant Future Land Use Map Classification Multi - Family & Industrial East Zoning District RMF & IND Existing Land Use Vacant Future Land Use Map Classification Industrial South i Zoning District T 1' IND Land Use Industrial (Okeechobee Asphalt) West Future Land Use Map Classification Zoning District: Existing Land Use Single - Family & Multi - Family RSF1 & RMF One single - family home balance is vacant Anal sis 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 -002 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 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 under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16- 002 -SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 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 was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single - family use adjacent to the extreme southwest corner of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 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. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi - family development. Rather, this development was a victim of the housing bust associated with the "Great Recession ". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90 -454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The 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 intensity of the proposed use has been described in both this and the Staff Report for 16- 002 -SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As there are currently no plans to construct additional facilities on 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 pattems, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (Le., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16- 002 -SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. 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. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested Serving Florida Local Governments Since 1988 6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) 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 -002 -R 7 8 19 10 11 fL1 FUTURE LAND USE SUBJECT SITE AND ENVIRONS 15 117 18 19 20 21 22 23 24 25 26 16 14" 10 9 8 7 6 5 4 3 2 1 N,1N, 9th Street 6 15 4 3 12 1 COMPREHENSIVE PLAN LAND USE CI SINGLE • FAMILY tM M LTI . FA1 t1LY COMMERCIAL. - INDUSTRIAL C_J PUBLIC FACILITIES RESIDENTIAL MIXED USE 10 19 8 7 6 5 4 3 2 1 �7 �18 19 20 21 22 23 24 25 26 11 12 [0 9 8 7 -6 5 4 3. 2 1 j F 114 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphatt Petition No. 16-002-R U.1 z z ILI 1 3 6 4 3 c0 7 8 1 2 112, hi 12 ___1 ..', ,, ZONING SUBJECT SITE AND ENVIRONS LU 1: 12 1 8 i 0 i 13 71 13 > , la I-- 14 1--- z fa o 5 zt :2 za 24 25 26 14 t6 Z 27 5 0 10 Subject 11 12 1 3 2 10 9 4 7 2 5 4 3 2 u6 15 '67 23 21 22 23 74 25 26 14 1 !O 0 8 7 6 5 4 3 2 1 .......9 I ;12 4 Kt 20 27 n 23 24 25 28 ZONING • cm, .coms susiwiss DISTRICT • C.F.N: • HEA'V'Y COMMERCIAL • CLT - LIGHT COMMERCIAL CPO • COMM PROFESSIONAL OFF,CE 11- HOLONG IND • INDUSTRIAL FMB • PUBLIC FACILITIES PUD-MIXED • PUO-R RkiF RESIDENTIAL MLILTrFAM1LY FtLiti - RE.S:DENTIAL MOB:LE HOME RSFI REVDENTIAL SINGLE FAMILY R$F2 - RESIDENTIAL SINGLE FAMILY 12i Serving Florida Local Governments Since 088 1: Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS - JR. 1.4.3t4 • 1 am.e..i.wataas.......areevnan.ommalOgfliVICR.S. 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C o N 0 0 . _ a`. 3 CD ` 0 -a Z 0"-- N a) N c m 3 c oa > 0 0 >o -0 cc-_ o c t m CO LL a) a) a CO O =' O 0 0) y .o 0° m o 1_ go N "' 7 0 • O 0 0 C 0 0 C 0) co Q : o m 0V to 0 u, 0 m 03 C I-- 0-) 0) ) c -t c o E N m > 0U -. c aC ai E .o Q) i a O 0 0. 0 u) 0 LL LL_ o 0 CO 0 aL m_ 'o O .N c m t= N VD o L a) o U C 0 C._) -a d to ` a.- 0 0 0 0C Li LL_ 1- 3 m a 0 .D • CA C C C O a) a) 'O uV) U (.., C a) C a) -C O c t a)U a) m o a c o it a) c m >< co I Y T a m c 'o CI • c a) p a) m v QIX = W a) '- o 0 ° c Z U cr m ZQ) cn CO O to � UO o - 0 Q CI c . a 0 ca ;Z FW_ o o - • E--'n a`). am) W: Z 9 N c-0 to 0: Q c co - .c° o O 0 ` U o m U fn Ei -Z-15 Cl) U °; =a c 2 p• ` w a0 'IT.; ooa ..= a_ Vi- al C an fY N .N a) Q C 7 (' ° O p _ N C ° 4 ll a W E ` m C5 o V � 0 (> Q m N M a. CO 0 .0 a) E 0 `O ai C m a CD m C 0 E 0 0 0) a) CT O Z, c a) 0 E a) E O U m O D a_ w 0 Disclosure of Ex -Parte Communications by the Board. Lei cr.; tielaioes 'a4awn8 'W filled m 0) -1 UOSJadJie40 'JeAOOH '1 UMeQ 0- 3a)0- "oD Dz cn (D 55- y c W * v v CD o CO ° = o °i x- < = C co a- co _- z F5-6: N N d (0 O 'O (, � 3 m m o (0 o .9" z CD co-"' )7 V) a m ° ..i ,— .< N (D D 3 CC) 7 o v C� (o 1 3 a ° d E. �. c o_ a y 3 a a d N N 0 c .-. p: m a m W 0 ° C C1 y N D) y o_ _ _ O 1 3 m 30 ° ^ F c y °5 m w•N ap) m c o- ° a -o �v ° cn O O C d (D N o N a a) N = n) CD N 3 CD - CD ° • n o. Cal C CD �J a Q- JC • (D N 3 c o 3 to 4,,, 0 7 o m o Q D � n S ° co Fo CD CD CO 3 m ° v a CD CD 0 N m ° ° n 2' (OD O N ? N N 2 0 5. a3 I- (.0 ° co (v 0. o (D N d ° a •uosiad4e1.10 — 9NI IV3H mend 3S010 C 0 CI) O m O m z = co (D CO D) (D CO CD 0. 0 y > CO = 0 O ca 0 < CD 0 CD 0 o Q. co O `C 3 CD 0 (D (D Fp m o_ m CD n. d 0 n m N co (D CD O o o o � m m ce En' c co co N a 3 0 Co 3 a (o co c 7 V) (n 0 rn N c co -o r : a CD CD CD 0 3 co 'W'd LZ :91V ONI21V3H mend 3H1 03S010 213AOOH NOS213d21IVHO (0 V3A • 1NIVSSVNOr V3A - 213A0OH CS n o co 0 --w 0 o Dm { -< Q m m a n 0 CD m CO m p m 0 • z n m -< y m o D (3 0 (o 3 j C1) N CS d 1N3 V3A - N3Ri8,O '031UZIVO NOIIOW 1N3S9V • NvmorivB 0 --1 m Chairperson Hoover asked whether there was any further discussion. There was none. D W C CO Cp ° CD 0 CD 0 o r C _01 (o CD O O) 7 ()) a (n 0 O 0 Q'O -9 Na 0 N 0r co --, (D ? O n) '. d O N Q O N O Q (n O O p 0 O O M D) O 3 CD (D j o- 9 3 0 `G co (D N -0 `< c N Cr O O . (co co a cr o () 3 m m = m a- a o 00 Q n 0 (T 0 O = y ....< o O C (D (gyp j .- C N CD •< o N O O 0 = a > > > 3 CO c a o . lN W 5 N o ( 3 m : EA (n m N d N O d -D CD sv '� o ...< a = 0 (D Q' 9Z2,- 13 (n m in `C W0 0.a, O c°) 3 o o m > 0 m to O N O 7' 00 O O_ CD 42a CO N a m Q' -0 iw co fl) O p < m fl) O _ N (07 cn r c, 0 ° o - Z N 0 --'0• n CO (0D 0 n c'=)- Cia 7 , "Z N o 0)n m mm o °c - m co c) -I "D O = d 2- b"•• a W 3 ° N o °' m o N c (n CD C O O r a = n V) N 3 0 m °) N Cr) co 0 z) O 'O rn m (3, 0 e, 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 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 and has been used and Public Facilities and Single Family Residential as the past land owners did. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to continue to use the property as it has been used in the past is authorized under Industrial. 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 under the same ownership has been used as the current owner is planning to use it in the future. 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 was previously used as the current owner is planning 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; As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized. 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 property's use is not going to change as a result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel. 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 there are currently no plans to construct additional facilities on 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 is the same as the previous use, which has not caused the parcel to suffer from 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 6.5 acres located in Section 15, Township 37S, and Range 35E. The property's parcel ID is 3- 15 -37 -35 -0010- 00400 -0070. It is currently located in the City of Okeechobee with a current zoning of PUB — Public Facilities and a FLU of Public Facilities for the abandoned portion of NW 7th Avenue between NW 11th Street and NW 9th Street and the abandoned portion of NW 10th Street between NW 8th Avenue and the east boundary of the parcel and block 27 and the west portion of block 28 in this parcel. Block 40 and the western portion of block 39 have a FLU of Single Family Residential. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has purchased this parcel from FDOT and is planning to use the parcel as FDOT did historically for material storage (crushed concrete, Asphalt Millings, and other such construction materials), office, and construction equipment repair. This application is for the City to grant a zoning on this parcel from the existing Public Facilities and Single Family Residential to Industrial. The existing access to this property is from NW 9th Street from the south. 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. Okeechobee Asphalt and Ready Mix Concrete, Inc. Comprehensive Plan and Rezoning Legal Description ALL LESS W 660 FT ALSO COM AT SW COR OF SEC 5 BEAR ERLY ON S LINE OF SEC 5 DIST OF 50 FT TO ERLY R/W LINE OF PLATTS BLUFF RD & POB THENCE BEAR NRLY ON ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT THENCE BEAR ERLY & P/L TO S LINE OF SEC 5 DIST OF 610 FT THENCE BEAR SRLY & P/L TO ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT TO S LINE OF SEC 5 THENCE BEAR WRLY ON S LINE OF SEC 5 DIST OF 610 FT BOUNDARY SURVEY PREPARED FOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. OESCRIPHON. BEGINNING AT 7715 NW CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET 70 171E NE CORNER Cr LOT 11 OF BLOCK 28; 7IIINCE 500771 A DISTANCE OF 715 FEET 70 7715 SE CORNER Or LOT 16 Cr BLOCK J9; THENCE RUN BEST A DISTANCE OF 385 FEET 70 771£ 5W CORNER Cr LOT 6 OF BLOCK 40,• 771ENCE RUN NORM A D ISTANCE OF 7/5 FEET 70 771E POINT Er BEGINNING, ALL ACCORDING TO 111E PLAT Cr OREELWO9EE. RECORDED IN PLAT BOOK 2 PACE 17, PUBLIC RECORDS OF SE LUC7E COUNTY, FLORIDA. ,! 2 (�- L� (1 J q ALSO DESCRIBED AS and Oh reCDTdiC 11x, Ms, (' G ((1- C. P..:.C.O- der iJ1' ��C,C� •){.'e.t<.� 7 ,co1J.,: /, Y tom. LOTS 7 TO 6 INCLUSIVE OF BLOCK 27; LOTS 71 70 16 /N51057E Or BLOCK 28; L07S 71 70 16 INCLUSIVE Or BLOCK 39; LOTS 7 70 6 /11511191£ 55 BLOCK 40, TOGETHER B1TH THAT PART OF SIXTEENTH STREET 171NG 0£18£81/ BLOCKS 27 AND 40 AND BET)4EE77 LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK J9 AND ALL 771AT PART OF dCEE57108EE AVENUE LYING BEIBEEJV F7F7EENI71 SMELT AND 5EVEN7E01771 STREET, ALL ACCORDING 711 771E PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 2 PACE 72 PUBUC RECORDS OF ST. LUCE COUNTY, FLORIDA. (� 1' 104-u, 64- -r 1 rL / c, fv jttv 4)-i i) (a PROJECT SPECIFIC NOTES* 7) UNLESS MOWN OIHERBf58 ALL 0/MEN951315 ARE DEED(0) AND N&4SURED(M). ?) 577E ADDRESS 500 NW 9771 S77?8 7. 3) PARCEL /D: J- 15 —J7 -35 -0010- 00400 -0070. 4) F.J.R.M. ZCWE• X; NAP N0. 1209550415C OA7ED 07/16/15. 5) BEARING REFERENCE 771£ NORTH RIGHT— OP—WAY UNE Cr NW 9771 STREET 1S TAKEN 70 BEAR 500771 89319.36" BESE 6) 771E DES5P1701 SHORN HEREON WAS PROVIDED BY 771E WENT OR 771E WENrs REPRE3FNTAn1E 7) 711 /S SUR1£Y IS NOT /MENDED 70 OEPICT .,f/R/SOICDOYAL AREAS OR O771ER AREAS OF LOCAL CONCERN. 8) SURVEYOR WAS NOT PROVIDED 07771 ANY 7775E INFORMATION FOR 711/5 PARCEL SURVEYOR ASSUMES NO RESPOVSB/UIY OR CIAB/UTY Fred 771E ACCURACY OF EASEMENT OIMEN90VS SHOW HEREON, IT/ERE MAY BE OTI1ER (4555/E1175 OR RESTRICTIONS THAT EFFECT 17//5 PARCEL 9) 711E SURVEY DEPICTED HERE /5 NOT COVERED BY PROLES ZONAL UAB/UTY INSURANCE A001110115 OR OELEIIONS 70 SURVEY MAPS OR REPORTS BY 077/ER 771AN 1715 5701 /NC PARTY OR FARMS /5 PRO119117 D 1N771OUT 877 /77EN CONSENT Or 771E SIGNING PARTY OR PARTIES 70) DAM 07 LAST FIELD SURVEY: 04/25/76. 1 ta.a.o.el>tr A/. _ NW 11TH_STR EU or•m _ —_ tsuaa es cove", 'i(n.nl t R it elf' o )ir; EAST 3 05'10) 392.5'IP)l N 6• 9'50'45• E 392.64'1M) _.__.__� —_.__ 1 .� moo/ „.,r I , J ;)f• 1 d , 1 v ;ter cp1 Y 1 I 1 1 1 _ I I I 11 1 111 1a . 1 I l i; I I I 1 1 1 1 � 1 I ” 1 [ 1 NI } .--II B Q I , 1 �i I- i 3 e I gx. I i 3 ' 1 _ 9 I Zh I 1 11 1 1 i ! 1 1 '� 1 1 ; — e I ! 1 1 1za_ a __. —__ —__ J I �__ —__ —_ „ �__ 4ii 1 a ICt = PARCEL CONTAINS 1 1 n O 1 E ±6.45 ORES , ! - tt _ I f @ @y� O II E NW TOTH1ST STREET 1 ! i Li �a IXO 0 1- 1- _— _ —_ —_ —_ ;— l� fi ZI 1 iN 33C ! 1 10R wilAp0. eer4tO0Il).01[ •o) 1 - O 1 ! InGlm AS Polar T6 OAMT - - - --- 1 _ 1 I I I - -1 1 !o ... !" — — — —) i to -- n) , I 1 ■1 : 61 n � -1 I x x — --1 —#— 13 1 1 t 10 1 1 m to ] IS i H i 1 1 I 1 iY11 1 1 ) I L i L. Si Er O BL000 40 et00( a9— ! T 1 I 9 1 R 1 g beam �4 , — 1 CI b� I 10.t1I 1 13 1 ! Y 111 1 I 1 I ;I v .a a m 1 i R sew • I 1 I ....14.1 'PO V, r 3 1 i ewe .04. fniOtat r_ ..,...,,,,,,EST-3-1773t1 392.5111 5BSI 49 W392.6104) ° ▪ � d n 1c, •t. ` n "'LC, t __ -- ___( --__ NW 9TH STREET - . dada..... , SCALE: 1'= 601 5TAHOAM NOTES No seor0l of the pudic (card) foe delerrnhauon of ownership or restrkl'uns offeetnp the fonds eho•n •as performed by me surveyor. M. survey depleted here 6 pre Ned uduS10dy fee Nose p9013.1 noted. No respanabltly 1 a GobEly Is cad... Toed by the surveyor for use by others not 'peercony Coned. Not w!4 •lhsul the isnolura and embossed seed of Raido Ikernxd surveyor and mapper 14920. Thera are no vta4l. above (round nooadunenls except oa atone_ No attempt •u mode to local. •nderpond Improvem.nte and /or ena000toomis 01 on() as port of TAI, survey. This survey was prepared Le accordance .10. minims, leo1nkd stan4ord..,tabadeed by The fladdo Road of Surveyors and Yappers (Cooler 611117 -6. FAG) porwont to Smite. 472.027. florido 510104,,. 7REPARE8 tCA THE EXCLUSIVE USE OF: TRADEWINDS SURVEYING SERVICES, LLC. LEGEND OKEE0tOBEE ASPHALT 4. REST I00E0 CONCRETE. INC. 0 -501 Yon Nod and Cap "KAU L5 4020- •-Found CY 200 S.K. 3rd Avenue Okeechobee. F1.. 34974 0(500711ON Oxe, DATE BY EX Tel: (383) 783 -2887 BOONO4T SURVEY 04/20/16 %1C KAB Fox: (883) 783 -4342 Emoll: knb.ttepat9yohoo.com FILE: 30172 1 JOB H0: 30172 1101/10. 315/97 1 SCALE' ) . 60' Kenneth A. Breaux. Jr. (P577 4820) LB N0. 8097 •-Found Iron Rod (and Cop) 0 -Found Py• (and Cop) ABBREVIATORS ,•s..02 0100 .d we. 0054,G.. T: W. 4a.. I0.wc wooa.lc 106 -wt.. C.,a Ma I. bCo.t Penn Orono., e aft)• AN rive two o Iht• ever... ¢ax l {W 3.0( 11.1+1.4 01.w+n4 1.-wh M1T.Kuw.f 14K9Wtb t c.m4lk ll.a M11N"bt 00. 00012 ,1 NwWC M1LhFM um. a,.w. 10- .10000) 0.1•15,,C 004.,:.1 of 11•9^"K 000. .t of .C.1.934 of .e W •/w.e t N w. t 0.h..,00W0.IWCalto.MG6ac 11.0,.[ ii uM10*005.05 ,. •Voo.nf aR..skalso -.3 l Owal N ...toe Num). 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X Y O 000 W m 2 Z J W O CL Y 0 0 3003 O0 0000 0x 0000 < J S 0 re Z Q T Q 00 w Z O JW F-¢ h- I—hg (%1} FF- za LL,., i1w <nw };>-- wQi gac0) 1- ( a2lw �� 1 will }W tw on� �;�(W W 00 Dow wf¢gNW xmo >> to 0 Z m O W Y Y m=mWUU �. z°>- m Wz <w«m �mx ❑J mm �mzxxzz zoR= zz z z W W WW 00 Z o0 0000 O O m 0¢ r O O O m 0 0 0 0 O O q, 0 0 0 0 O O 0 ) 0 0 O O Q1 0 m N N 0 0 0 0 0 0 0 O O 0 0 0 0 CD CD 0 O O O O O O .4(< ¢ 0 0 0 0 O O O O O O} my 11) 1t) If) (0 1() 1 )0 V) m m m m CO 1: n n t` n I; co rn co mmm (0 m m 610 m OW J ~ W U wX l000 O 999 O O O O 1` mm (0 CV Cl O O O 9 0 0 0 9 O o O O O O O O O w(0) m m m 0) 11? M rID0) 07 M m • m I M m CO Q) m B A rrtmr trv. v r-vv- "75m9ilv161Fo GIS / MAPPING DEPARTMENT W.C. "DILL" SHERMAN, PROPERTY APPRAISER • _.1.-1.r. mot wad .‘' 1. ":-:. .i ,, M ,e 1 i Drawn By RU55 DUNCANCFE, AGRICULTURE /MAPPER Date: 4/15/2016 r.� a w„ tYnks 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 w flk: Qd 0 ik+ w E ifs ppe 0 ^b pp.�6 Ym <k, 0 0 trz . a 5 0 0 W 0) 0 'Ct 0 CO 0 N X @ U) 01 0 O 0 (D crb 0 0 0) @ C C O N N O N O) @ a 0 T 6) O U) O 0 mo j O S t O C n J 0 0 0 C 0 O To O I- O 0J » » »> No c C .- V Not Availabi PM Peak Trips - Total V O Expected Daily Trips 30 [Not Available _N @ < O z O a) .0 CO < O z N S] @ < O z Not Available f Expected Units 2 C Acres (TSF Gross TSF Gross DU D 0 D 0 1DU Occ.Room Occ.Room Berths TSF Gross TSF Gross TSF Gross TSF Gross 1TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross co O tn CO I- TSF Gross 1 TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Fuel. Position I 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 GGeneral Light Industrial 110 Mini Warehouse 151 Single Family Homes 210__ Apartments 220 Mobile Horne Park 240 (Retirement Community 250 All Suites Hotel 311 Motel 320 O N V @ C t'15 Health Club 493 Church 560__ Daycare Center 565 General Office 710 (Equation) 41 n L 1Medical Dental Office 720 Building Materials /Lumber 812 Hardware /Paint Store 816 Nursery (Garden Center) 817 SShopping Center 820 (Equation) j 6'5 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 IServ.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 IPharmacy/Drugstore w/ Drive -thru Furniture Store 890 Walk -In Bank 911 Drive -In Bank 912 1 W 0) 0 'Ct 0 CO 0 N X @ U) 01 0 O 0 (D crb 0 0 0) @ C C O N N O N O) @ a 0 T 6) O U) O Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -002 -R f i_! J Planning & Management Services, Inc. '1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R General Information Owner /Applicant Site Address ` Contact, Person ` Contact Phone Number Contact Email Addess Okeechobee Asphalt &: Ready Mixed Concrete P.O. Box 1994 Okeechobee;. FL 34973 500 NW 9th Street Okeechobee, FL 34972, Stephen -L Dobbs, Agent 863- 824 -7644 Isdobbs @stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Number: 3- 15- 37 -35- 0010- 00400 -0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Request The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45 -acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single - Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). Serving Florida Local Governments Since 1988 1 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Future Land Use Single- FamilyfResidential (30%) Category Public Facilities (70%) Zoning District PUB, Public Facilities (entire parcel) Use of Property FDOT Maintenance Yard Acreage 6.45 acres Proposed Industrial IND, Industrial Materials storage 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties East South West Future Land Use MapYCClassification Multi Family Zoning .District ,;RMF ~. Existing Land -Use - Future Land Use Map Zoning District Existing Land Use Future Land Us e Map; Zoning District Existing Land Use Future Land Use Map Zoning District: Existing Land Use Vacant' Classification Multi - Family & Industrial RMF & IND Vacant Industrial ;'BIND Industrial (Okeechobee Asphalt) Single - Family & Multi - Family RSF1 & RMF One single - family home balance is vacant Classification Classification Anal sis 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 -002 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 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 under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16- 002 -SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. Serving Floricla Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 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 was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single - family use adjacent to the extreme southwest corner of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 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. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi - family development. Rather, this development was a victim of the housing bust associated with the "Great Recession ". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90 -454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The 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 intensity of the proposed use has been described in both this and the Staff Report for 16- 002 -SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As there are currently no plans to construct additional facilities on 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 9'h Street ROW there is no plan to change existing drainage pattems, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (Le., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16- 002 -SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. 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 pattem of the area. Therefore, we recommend Approval of the Applicant's rezoning request. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested Serving Florida Local Governments Since 198S 6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) 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. 16-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 7 8 1 9 0 11 i2 LU I 1 Z i > 6 5 j 4 1 3 2 1 > ' 1.1.1 11.4 1 < < x 4. X . - — -- 1— I k» Q_) .7 7 8 9 co 1 i ; 6 5 4 3 2 1 , COMPREHENSIVE PLAN LAND USE SINGLE - FrAVILY MULTI • FAMILY as COMMERCIAL iNousTR,AL c--"J PUBLIC FACILIFIES RESIDENTIAL MIXED USE - A Serving Florida Local Governments Since l'188 15 1 17 le t9 20 21 22 23 24 25 26 16 2 27 5 Subject 1 2 40 5 11 12 13 14 15 16 11 12 13 14 15 tp 9 8 7 6 5 4 3 2 1 18 19 20 21 22 23-24 25 26 10 9 8 7 6 5 4 3 2 1 17 !IS 19 20 21 22 23 24 25 26 „ 1 NAN. 9th Street 1 11 2 1 1 12 1098 7 6 5 4 3 2 1 1 14' Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R ZONING SUBJECT SITE AND ENVIRONS ZONING CBE) - COMM BUSINESS DISTRICT CPV - HEAVT COMMERCIAL CLT - LIGHT COMMERCIAL CFO - COMM PROFESSIONAL OFF:CE I-I- HCLI:111G IND - INDCS7RIAL FUB - PUBLIC FAC:LIT'ES PUD -MIXED FUO -R P.kF RESIDE.`1TCy MOLT FAMILY RMti -: - RES:OE4TIAL S'Oe•LE hO '5 RSF1 • RES'CENTIAL SINGLEFAM'LY RSF2 • RESDEt1TIAL SINGLE FA• \t':LY Q' t3 14 � 13 T. 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O N 0 C N N 0 0 m 3W aV11193d - 9 LOZ '6 9 L 30 8 3ONd - 0NI ORDINANCE NO. 1138 Exhibit 6 July 19, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 002 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 16- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.45 acres from Public Facilities to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on June 16, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 6.45 acres, as the subject property, located in the City of Okeechobee, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET TO THE NORTHEAST CORNER OF LOT 11 OF BLOCK 28, THENCE SOUTH A DISTANCE OF 715 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF BLOCK 39, THENCE RUN WEST A DISTANCE OF 385 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF BLOCK 40, THENCE RUN NORTH A DISTANCE OF 715 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO DESCRIBED AS: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 27; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 28; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 39 AND LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 40, TOGETHER WITH THAT PART OF NORTHWEST 10TH STREET (FORMERLY KNOWN AS 16TH STREET) LYING BETWEEN LOT 6 OF BLOCK 27 AND LOT 1 OF BLOCK 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF NORTHWEST 7TH AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING BETWEEN NORTHWEST 9TH AND 11TH STREETS, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1138 Page 1 of 2 SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Public Facilities (PUB) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (16- 002 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 16`h day of August, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1138 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 5_ ,S__.1 /O Petition No. 1(s)—OO — A Fee Paid: SIC4ew (/ig 'Jurisdiction: pi /eci_ 1st Hearing: /0,46 _1 0 2nd Hearing: f--8-11:41-,) g g 1Q ,� Publication Dates: g_2q,Uv e 6,-8 4) t e q5 Notices Mailed: (2_ 1 -Ilp 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: 1Palmer @lynchpaving.com 5 Name of contact person (state relationship): Steven L. Dobbs, P. E. - Consultant 6 7 Contact person daytime phone(s): 863- 824 -7644 PROPERTY INFORMATION Property address /directions to property: 500 NW 9th Street, Okeechobee, FL 34972 6\1. P&rra-4 Ave Approximately 0.4 miles west of the intersection of NW 9th Street and Highway 441N on the north side of NW 9th Street. 8 Describe current use of property: The site historically was used as the maintenance yard for FDOT. The current owner proposes to use the site as it has been used historically. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. There is currently a 442 sf office building, a 4,284 sf warehouse, and a 1,322 sf Mobile office building. Source of potable water: Well Method of sewage disposal: Septic Tank 10 Approx. acreage: 6.5 Ac 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: Vacant, Undeveloped East: Vacant Undeveloped O( West: Single Family ResidencefVacant South: Industrial Asphal T I Pa vincS P pa -1-loitS 14 Existing zoning: Public Facilities, & " Future Land Use classification:Public Facilities 4- 3 P 15 Have there been any prior rezoning, property? (X )No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3- 15- 37- 35- 0010 -00400 -0070 (Rev 3/5/15) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date Wohtri P eitd- AL-019-ite 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: 4/6/2016 - 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 Wohtri P eitd- AL-019-ite 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 ,!C41NIo velal, try awry rvmue FLORIDA DEPARTMENT OF STATE DIVISION OF CORNRt1TI0 1�S_ Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Filing Information Document Number FEI /EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 503 NW 9TH STREET OKEECHOBEE, FL 34972 Mailing Address P.O. BOX 1994 OKEECHOBEE, FL 34973 P07000032499 20- 8610499 03/13/2007 FL ACTIVE AMENDMENT 05/01/2007 NONE Changed: 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer /Director Detail Name & Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE, FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT, MA 02635 Annual Reports Petition No. JLD -tea- R Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of Are_IL 2'1 , 2fl 1c and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this f; l , ail c.. Il"i. day of 41-A—ite Signature of Applicant Date 'Rolotri-?. 40a Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this a� day of kn_.. °an to me " of t & or produced did not take an oath. c, State :j lorida (Rev 3/5/15) , . Personally as identification and Seal: P` °y- JACQUELINE J PALMER 'I MY COMMISSION #FF159428 ?d == EXPIRES September 11, 2018 (407) 398-0153 FloridallotaryService.com Page 3 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: Public Facilities % Requested zoning classification Industrial B Describe the desired permitted use and intended nature of activities and development of the property? 3- 15- 37 -35- 0010 -00400 -0070 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 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 light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 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 and has been used and Public Facilities and Single Family Residential as the past land owners did. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to continue to use the property as it has been used in the past is authorized under Industrial. 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 under the same ownership has been used as the current owner is planning to use it in the future. 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 was previously used as the current owner is planning 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; As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized. 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 property's use is not going to change as a result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel. 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 there are currently no plans to construct additional facilities on 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 is the same as the previous use, which has not caused the parcel to suffer from 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 6.5 acres located in Section 15, Township 37S, and Range 35E. The property's parcel ID is 3- 15 -37 -35 -0010- 00400 -0070. It is currently located in the City of Okeechobee with a current zoning of PUB — Public Facilities and a FLU of Public Facilities for the abandoned portion of NW 7th Avenue between NW 11th Street and NW 9th Street and the abandoned portion of NW 10th Street between NW 8th Avenue and the east boundary of the parcel and block 27 and the west portion of block 28 in this parcel. Block 40 and the western portion of block 39 have a FLU of Single Family Residential. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has purchased this parcel from FDOT and is planning to use the parcel as FDOT did historically for material storage (crushed concrete, Asphalt Millings, and other such construction materials), office, and construction equipment repair. This application is for the City to grant a zoning on this parcel from the existing Public Facilities and Single Family Residential to Industrial. The existing access to this property is from NW 9th Street from the south. 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. Okeechobee Asphalt and Ready Mix Concrete, Inc. Comprehensive Plan and Rezoning Legal Description ALL LESS W 660 FT ALSO COM AT SW COR OF SEC 5 BEAR ERLY ON S LINE OF SEC 5 DIST OF 50 FT TO ERLY R/W LINE OF PLATTS BLUFF RD & POB THENCE BEAR NRLY ON ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT THENCE BEAR ERLY & P/L TO S LINE OF SEC 5 DIST OF 610 FT THENCE BEAR SRLY & P/L TO ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT TO S LINE OF SEC 5 THENCE BEAR WRLY ON S LINE OF SEC 5 DIST OF 610 FT BOUNDARY SURVEY PREPARED FOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. D£SCRIP71ON.• BEGINNING AT 771E NW CORNER OF BLOCK 2Z RUN EAST A DISTANCE OF .385 FEET 70 THE NE CORNER OF LOT 11 OF BLOCK 28,• THENCE SOWN .4 DISTANCE OP 715 FEET 70 THE 55 CORNET OF LOT 16 OF BLOCK J9,• THENCE RUN BEST A DISTANCE OF 385 FEET TO 771E SW CORNER OF LOT 6 OF BLOCK 40,• THENCE RUN NORTH A DISTANCE OF 715 FEET R) 1715 POINT OF BEGINNING, AU ACCORDING 70 THE PLAT 0' OKEECHOBEE RECOROED IN PLAT BOOK Z PACE 1Z PUBUC RECORDS OF ST. LUCIE =tan; 810710A. (�r II ALSO DESCRIBED AS. and al, reCBFIrit � UK, P(�S, ft-;5 Pu.t!(.c- P �r p-cd.s T! 616- -1 ;Ce:l<t_ LOTS 1 TO 6 INCLUSIVE OF BLOCK 27; L07S 11 70 16 INCLUSIVE OF atom 28; LOTS 17 70 16 INCLUSIVE OF BLOCK .39,- LOTS 1 10 6 /8061191£ OF 8LOPC 40, TOGETHER 81171 THAT PART OF SIXTEENTH STREET LYING BETWEEN BLOCKS 27 AND 40 AND @EINEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 59 AND AU 771AT PART OF OKEECHOBEE AVENUE LYING BETWEEN F7FIEENTH STREET AND SEVENTEENTH STREET, ALL ACCORDING TO THE PLAT CF" OKEECHOBEE RECORDED IN PLAT BOOK Z PACE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. NjVN) IO'k &- - JiLJt� Kv•t i / toy, S I N. - t PROJECT SPEC/RC NOTES: I) UNLESS SHOWN 0771E8 15E; AU DIMENSIONS ARE DEED(0) AND MEASURED(MJ. 2) 9TE ADDRESS 500 NW 9111 STREET. J) PARCEL /0 :: J-15-37-35-0010-00400-0070. ZONE X; MAP N0. 1209X04150 DATED 07/16/15 5) BEAR /NC REFERENCE THE NORTH RIGHT-OF-WAY UNE OF NW 9771 STREET IS TAKEN 10 BEAR SOUTH 89•19J6" W£51. 6) 7115 DESLR/PROV 9/06471 HEREON WAS PRONGED BY 111E GLLL7/T OR THE CLIENT'S REPRESENTATIVE 7) THIS SURVEY IS NOT INTENDED 70 DEPICT ..TRISOICTIOWAL AREAS OR 07HER AREAS Or LOCAL CONCERN. BJ SURVEYOR WAS NOT PRO14051) HMI ANY 7771E INFORMATION FOR THIS PARCEL SURVEYOR ASSUMES NO RES°ON9B/U1Y OR UABIUTY FOR THE ACCURACY OF EASEMEENT OWMEN3ONS SHOWN HEREON, 7HER£ MAY BE OTHER EASEMENTS OR RESTRICTIONS 774AT EFFECT 771/5 PARCEL 9) 7715 SURVEY DEPICTED HOTS IS NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE ADDITIONS OR DELETIONS 10 SURVEY MAPS OR REPORTS BY 0171E? THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED B/1HOUT WR ITTEN CONSENT OF THE SIGNING PARTY OR PARTIES 10) 0,975 OF LAST HELD 5URIEY: 04/25/16. 0 . .1 SCALE: 1'r = 60' 1 tl m.awsm n=l , R .0^Iwulia7 EAST 305'101 392.S'IP)I N 09'50'45' E 392.64'IM1 110.00 0)...h NW I1TH STREET , .J1lVL I 1 I I I I ,s j 1 1 1 I I I I 1 1 I 1 1 , ■ y, 1 V 1 / i , i 1 ■ ! 1 \L= 2D W l IAOCC TB- J- --I I-- I >1 I i v • 4 t: 1 @i 1 ! -1-1 � 1 1 ! 3 1 I z1 1 a1 C y Syy 1 9iQ� i . 1 " i ^'�r•a.. 3 i-- --- __ -__J 1 `--- __ -__L i ICs ; PARCEL CONTAINS j 1 b§ C =6.45 CRIES E O E NW 1w0u� mREET , p ...i___, ...i___, z 1 ! I j 1 176 1 i 02010 00d..0333,333,33 .0S 001 pj ! .O'ND.armr 22 D. A.. i 1 1 in , ! D j I 1 1 1 _ , 1 al_1 z 1040 I 9 n L__ 0 D r_-- _ - - - - -1 01 r 1 11 1 j� l � i - -- - --I-- !II L __U 0th 1 I0 I / a t t L - M) BLOGC 39- ; ! -i \^ -r- -4 1 I r- 1 1 i 'PI gl 1 pl i � I �d. I 1 I 1 b e . I u t i } I 1 i till la da I it II .o.xn�r �.' at. • I i I .o..oa 1.o .� • s c 4 3551'17) A392.5 "1P) 5 649' ' Wm92:67 1• M) iv.cnu auw ou w 01.0.7 -J__ -- NW 9TH STREET -- _--- _ - -�__- -$--',. w) do 1,0,v, 0 n = ED > 61 17,-11 z 0 - Z p Gt �.. O J 6 IV m 17 STANDARD N07ES No .em<a at the public records for determnolbn of o.nennp w restrictions a0ett19 the fonds Mown .as performed by the surveyor. Vie survey depleted here 6 prep0re4 exclusively fee those pw6.s noted. No r,apon,102ity w 6abiily 6 assumed by the surveyor for use by others not spec:kr:ly awned Not sold .460.0 the s:9nobre and embossed real of Florida r.ensed surveyor and moppet. 74620. Mw. we no .6101, above ground encroadvnents except 03 shown. No attempt was mode to boot. underground Improvements and /.e enoroodunslls (ft any) es port at this survey. This survey •os prepared in meat-donee with mIntmvm technical .tand04, eslobrmed by the RtlWa Bowl of Sums,:. and Yappers (Chapter 61617 -6. LAC.) pursuant to Section 472.027. Florida 500Wles. PREPARED FDA THE EXCLUSIVE USE OF: OKEECHOBEE A9'NALT k READY NIXED CONCRETE. INC. TRADEWINDS SURVEYING SERVICES LLC. LECENo 0-Sat Iron Rod and Cop -NAB LS 4825 •-Found Cu •-iwnd Iron Rod (and Cop) 0 -Found Pipe (and Cap) ABBRE�A710N5 0. w- e..e.�,.c 4 0,1.10, au...0 tAn -�. n a- 200 S.N. 3rd Avenue Okeechobee, FL 34974 Tel: 883 783 -2887 ( ) © Fax: (863) 763 -4342 ` Emell: keb.tTrpS ®ynhoo.cam DESCRIP00N DWG DATE BY OC 0. c me -0.1.10. o-n.a sum .c..0. w0.. t-r=.c .G.." VP•Eep et. 200.0.2 mn•Tn.nnt ...o rb.e ....x N . 1143-229n2 r.e., Pea Peet }n• ue C.<..A [•t0. uro. .,• N -1001: 211.2- ,helot .910)- Naa.9a Cale. 1244/4 y;1;lN12......0 1322,.s°A1 l r°atw.elwowelu� 1.0- 10.0. Pont 1.09.0•211 • sY^%s 1.0[.2.:.1.1 asen.....•.R 1..h. a 1000 00610 10122-1.mo 1.a ...o W.m.2 1.1 -2•24 7 Tmae.. N1..„ almh W p't- -41.t A r,...: -er-RF n .i . PA-v..04 o MI a : °�`• p. f BOUNDARY SURVEY 04/28/16 WC RAS ' Kenneth A. Breaux, Jr. (9024 4820) LB 710. 8097 FEE: 30172 1 .TDB NQ 30172 1 III/HO 315/93 1 SCALE: e - 60' W O 0 U N r W W cc cc z 2 U ADDRESS 3 y cr Z NJ 3y O U) W Zo <0 UL z o z 0 tY t NI O co ww O O a w Q Z� ce W z O Jr W m z -J W U CC CL W NT et O(DN NOD CO CD t0 N 1 V LA V ,- M CO LO 0 0 CO W 0 i 0) a O) 0 (D LD O (O CO CO O O Ln CD O 0 0 0 0 0) D) O) O O) 0 04 M M 04 1f) CO u) LO 0 0 0 Cl N V' (O LO O In CO 0) ▪ VI' ) 0) O 04 .4) (O N NL�.. N N M N 0) V' V' M M m M N N 0) (7 M CO 0) M 0- O CO 0 n 0 CO CO O 00) 0- n CO M 0) 0 L- h 0- 0- 0- 0 CO M CO It 01 01 OOOOICO 04 CI 01M sr not '3 01 M 65) M (9 gO ('7 LL LL LL LL LL LL LL LL U LL U LL LL LL LJL.. LL LL LLU LL LL LL LL LL W J W W m co 15 11 0 W W W W W �D __ x W co co co W Y CO CO cC 03 �=g(�oZXXZZZzxxxo)xxax a W W 0 x W W x x x x W W W a W W Y W W M L Q Y Y V` , co Y Y Y W U Y Y. Y r00- ,x0OSxxx000F�0OZo 0 rn 500 WATER STREET C/O CSX CORP _ CV a a a 7 0Qm CO Q9 Qc9Q¢ W ra W x.1J ZT N�g32L110.RR6Wt11W E- rompp> CD t;odro2mw o) CD 0 CD g x• a tnOCVCVCD OdWZWXNNZV�23>L''r-X 57 0 JnJnLLJWd) 01 oCO >Z50 Jn zmm (0 U ) 0 ) 00O$ • co Up CV LA ONN NOOO 00-. o u0V36Lnu0OXO od Q O nr (omv) � r EL Q M CD co Ln. -0.v 0 mao-d01 M M E- l-- a a < d 0 0 w LL re re O 0 CO co x lb .r O 000 mac 0) 0) 0) LL W LUJWLL W W W W W W 00 M CO 03 03 '00000 > x x x x x CJUODU iU W W W W W W W W W W W �Y1'YYY 00000 U Y OU 0000 1 a¢ doLrLa x o O oo0 W U0.Z aam c J(1) z p2 z bJ 2 5 J ZQ WO W W W } >_ a 1 2w,W,cr 3W o��c ��reWW mj0WO W CO CO yma'f cc m pJJ l f m x J J N OJ a °max 0 0 O O O o U! 0 O m O a r 00 0 O CD 0 0 0 O Oo9000O 0 0 0 0 0 0 0 0 0 0 ,J N N O O O O 0 O O ffffffpppppp 0 0 O O O O O O O O O O Q¢ « 0 0 0 0 0 0 0 0 0 01 Li) L[) th 6 6 v) 1[) M M M M (O M 0. ts h r ts M Lh M CO M M (D O (D Lh u) 1 N '07,4 N M M l7 O 0 0 O 0 ,- N 0 9 O O O 0000 II M M CO N N N O O O O O O 9000 Ei 000 O o 0 CO M M (L;r` M P) M LO V- V- � zz WW z x Z zz CO W Z Z Z a 5 O Q O O 9 C3 CD N O O O 00 00 0 0 LM') M M O'c) CO T- M A Ci C) NZa 'OKEECHOBEE COUNTY PROPERTY APP GIS / MAPPING DEPARTMENT 9Sf R °S OFFME W.C. "SILL" SHERMAN, PROPERTY APPRAISER Legend Drawn By. 121/55 OUNCAN CFE, AGRICULTURE / MAPPER Date: 4/15/2016 vc 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 Trip Generation Report Ca cuiat ons using the most Used Trip Generation w'Lunch Peak 146 -364 two way trips G 0 7 U l6 0 0 c)I 0 O O O H o >. C C c o N N o) (0 J 0 O O ry Lunch Hour Traffic 0 0 0 0 0 » » »> No calculations but studies sho 0 C 0 0 o Td 0 F- o 0 ul Kid NT Not Available{ PM F'eak Trips - Total v. co Expected Daily Trips o 0 Not Available 'Not Available 0 Not Available Not Available m a m .> Q O Z Expected Units A D Acres TSF Gross TSF Gross DU DU Q DU Occ.Room Occ.Room Berths 'TSF Gross TSF Gross TSF Gross TSF Gross 1 TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross 1 TSF Gross TSF Gross TSF Gross I TSF Gross TSF Gross C C O O o d N N 7 7 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 All Suites Hotel 311 Motel 320 Marina 420 Health Club 493 Church 560 Daycare Center 565 General Office 710 (Equation) Medical Dental Office 720 Building Materials /Lumber 812 Hardware /Paint Store 816 N W N G N U N '0 N N Z 1Shopping Center 820 (Equation) 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 IConvenien. Mkt wr Gas Pumps 853 J Discount Club 861 Pharmacy /Drugstore w/ Drive -thru Furniture Store 890 Walk -In Bank 911 Drive -In Bank 912 G 0 7 U l6 0 0 c)I 0 O O O H o >. C C c o N N o) (0 J 0 O O ry Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -002 -R _! I Planning & Management Services, Inc. 1375 Jackson Street, Suite 2U6 For Ayers, Florida 239 -331 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 500 NW 9th Street 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- 00400 -0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Re • uest The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45 -acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single- Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). Serving Florida Local Governments Since 1988 1 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single- Family Residential (30 %) Public Facilities (70 %) PUB, Public Facilities (entire parcel) FDOT Maintenance Yard 6.45 acres Proposed Industrial IND, Industrial Materials storage 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District: Existing Land Use Multi- Family RMF Vacant Multi - Family & Industrial RMF & IND Vacant Industrial IND Industrial (Okeechobee Asphalt) Single - Family & Multi - Family RSF1 & RMF One single - family home balance is vacant Anal sis 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 -002 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 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 under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16- 002 -SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 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 was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single - family use adjacent to the extreme southwest corner of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 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. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi - family development. Rather, this development was a victim of the housing bust associated with the "Great Recession ". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90 -454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The 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 intensity of the proposed use has been described in both this and the Staff Report for 16- 002 -SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Serving floricla Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As there are currently no plans to construct additional facilities on 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 pattems, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (i.e., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16- 002 -SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. 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. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested Serving Florida Local Governments Since 1988 6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) 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. 16-002-R VV, 9 TH AVENUE i I 8 19 fo 1 2 • • s 4 3 2 1 41 1 8j9 € 5 4 3 2 1 FUTURE LAND USE SUBJECT SITE AND ENVIRONS CCASPREHENSIVE PLAN LAND USE y41 s4k.:4.-• • ="•Ahlti., CC.1411VS,C:A..., 11.1 NOUST AL FACAL RESiGENT:AL talleb, 44, 27 Sutsfecl 42 0 4 s 1.3 14 13 1\1.1^1. 9111 Stoat 2 11 / 18 19 20 21 22 23 24 25 201 10 9 8 7 6 28 h* 18 19 20 21 22 23 24 25 10 9 8 7 6 5 4 3 2 1 39 17 18 10 20 21 22 23 24 25 26 1 z >r- <I z h4 12 1 0 9 8 7 6 5 4 3 2 1 1: Serving Florida Local C,overninents Since 198 $ Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R N.W. 9 TH /VENUE 6 S 41 s 6 5 3. 2 • $ 4,41 L2 N.W. 8Th AVENUE ZONING SUBJECT SITE AND ENVIRONS 40 Sublect N.W. 9th Street 10 6 6 5 4 3 2 '6 14 20 21 32 32 24 25 26 12 t3 tO 11 7 6 52t A 4P2'. 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O -0 co 0) cn O co ( 0 7 < 7 ° 0 O�CO 7 ° co c) m D JUNE 16, 2016 - PLANNING BOARD - PAGE 4 OF 5 ACTION - DISCUSSION VOTE NGBOARD- PAGE5OF5 JuNE 16, 2016 - PLAN ACTION - DISCUSSION - VOTE a c 'a (n a) ° c ca. .0 co O 2 d CV co m Q N m U (a = O L a F- U m . _ a) NO O .0 N m U co .°c U cn - O a.) O ) -- U .-• • e--• Y o_ N o U O O O O CO o)oia a a) C. C a) m (a a (a L C N Q) O N N E _3c cn Q O ° o oo m C-3 CO cS E •- a) LO CD N o Z Co N O a >+ Q O N (a a3 ) (6 a) CU a) C N E ( N min 2.R '(o N c c U c. c as — $ 0. a c • O o a) `o >, c) (n co 0 c - • Z O i o ci a U o0) .°)o ti c aa)) c E U a° ) a) a) •- O -O as L N > >. d m CU a) co E oO co ao c U (o Q) ".." • O p U --P7- C N O O '6 (` O O a N C1 O ..-. C C • R) U a) C U a) cu (13 cu v (a C .n 0 - c C O L C N CO O N c 'C O CO .O o) d) O a) 0 O N co o Zc07d Chairperson Hoover asked whether there was any further discussion. There was none. O > BAUGHMAN - ABSENT BRASS - YEA MOTION CARRIED. O'BRIEN - YEA LLI LU - o w LL a w CO } 0 U U HOOVER - YEA MCCREARY - ABSENT JONASSAINT - YEA CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:21 P.M. E O m D c3 J a) O N a) E a) E (a `o u) a) a) N a) a) 0) a) a`) a L a) L 0 3 ° a) CU o C N N CU 0) O O S � N O a) (6 a) U CC There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:21 p.m. 0 O 0 a) O O U N � c W U ° Z a) U p0 o U c 9 o co io FW a O Z E _ o • 0 ` a_ a) Q O o O N a.i a a, a) Z -o • N • O = U -0 0 a • m CLOSE PUBLIC HEARING — Chairperson. 0 o E O a c a 112 cn (a C O a -5. C O N 0 o 0 a = •(a m v E E .D aai 0) a o r co N m C/) c c 12 L V) ca ▪ a) W Z a) o_ N a) CO 0 aa) U W W . Z Q Dawn T. Hoover, Chairperson °g a3C7 CD O u) a) a) m - W '� a) t a o 1— 0 a) a . as m H Qaa as E.o Q Patty M. Bumette, Secretary Patty Burnette From: Patty Burnette Sent: Tuesday, June 28, 2016 4:14 PM To: 'bgent @lynchpaving.com'; 'Jackie' Cc:: 'Steven L. Dobbs' Subject: Small Scale and Rezoning 16- 002 -SSA & 16 -002 -R Attachments: PB Minutes 061616.pdf Dear Bob: This email is to officially advise you that the Planning Board at its regular meeting on June 16, 2016, recommended approval to the City Council finding Application No. 16- 002 -SSA, consistent with the Comprehensive Plan changing the Future Land Use designation on Lots 1 to 6 of Block 27, Lots 11 to 16 of Block 28 with the portion of abandoned NW 10th Street and 7th Avenue from Public Facilities to Industrial; and Lots 11 to 16 of Block 39 and Lots 1 to 6 of Block 40 from Single Family to Industrial, all being in the Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 NW 9th Street. The Application will be forwarded to the City Council for consideration to adopt at a Final Public Hearing on July 19, 2016. In addition, the Planning Board recommended approval to the City Council for Petition No. 16- 002 -R, to rezone from Public Facilities to Industrial all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of abandoned NW 10th Street and NW 7th Avenue, Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 NW 9th Street. The Petition will be forwarded to the City Council for first reading on July 19, 2016 and a Final adoption Public Hearing on August 16, 2016. These dates are tentatively scheduled and are held in the Council Chambers, Rm 200 at 6:00 PM. Attached herewith please find a copy of the June 16, 2016 Planning Board /Board of Adjustment and Appeals minutes for your records. Should you require additional information please do not hesitate to contact me. Sincerely, Patty Pa ffy M. 61 - Yk-t'f-fv genera(Services Coordinator i City of Okeechobee SS Southeast 3re(Avenue Okeechobee, TL 34974 T'ek 863 - 763 -3372 ext. 218 Tax: 863 -763 -1686 e-mail: yburnette @cityofokeechotee.com wefsite: vvww.cityofokeecho!ee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. co ' 0) rn co -o o L v U) 0 0 O C 0 0 cn 7 ° n ° N z D cn m _co z V o < 0 0 �v rnm X a c C/) . a m O a _. cn N C70 7 Nj 0 a z • 70 (n m 0 4 rn o s s o 3 Om� co (1 c<v o iD (� 7 0 - " m 7 c �c ' O O N T co O 0 O CD fll a O C1 C a O On O 7 O <-9 O Cep 0 COD (0 a o_ -0 o m 0 co _, 5.- (7) 2. 0 v' 3 D .0 0 •< °) rli 10110W UO GIOA (0 'uolssnoslp peo8 (q D w C (- r m 0 ° - cam °) (3 o D p < 0 A7 Q Z CO CD cD v Da o m 0 c')' s O 0 5' O' ()) Q 7 Q. �. 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O- N ,G. a (C] 2• (D 3 0 0 0 _- V (p 7 7 3 7 o. 0 O f) O c0 (3) 0-� > 0, OC N 0 N Z O CD (D < - 7 O CD 0. m. CD - 1 0 C0 0 N (D — v). 0 o c o— 07 < co < a O- m Q• 0 0 0 0 Cn (D a CDR �O 07 a co T c Da Cn o 0 3 O 7 0 3 7CO �'v'? Tm n o JUNE 16, 2016 • PLANNING BOARD • PAGE 3 OF 5 W JUNE 16, 2016 - PLANNING BOARD - PAGE 4 OF 5 a) o c m o 0 E c O c c a) a) a) C a) o U)0) 03 ca C .) L O a) C .(/' a C O 0 C CO c - .- ° 0 o 0 0 (a)i) m -o a) - o O 3 y O a a -0 C 0 -o 05 (` T 0 CD OU >. c a) C O N C 0 a) to L C O C C a -•-• lL a) O N c _r N O 0 - E co _ is m o- E n 0 o m a a �'o � 0 . 6 - w f1 I- c a _ 0- O a) a) m a) 16 0 a `) 0 O U C L >� 0 m () N C .fl 0 0 C Q) •� y IL- iv Bo Y i0 CO YO 0 CL ej a- 1.- 0 T N L 01 _c,r E.0 _ = - co 0 00 0 _0 (a 0 = c o (n ('f c aci co Z a E o co c c m 4) 0 0) 5 5 - = O CO c m E E, >2•C .O Nc 0 E c OO. m C t ` a) Q - , O. U C "U m LL aa) U O_ m :o (7) .E Q m 0 E = c _ 0 U a CO C/) > (n E en c m 0 L O O O C o- a 0 0 IL- L 0 m 2c . u) • _c O) J - O C .- c d CO Q vi >, a, o a`) c `a) 1 .' -C _E 0 .1] C N Q) L U m o m 90 m 0 I- 9do CL CO E 0_ o = c c O N � c .c U O o C > c0 @ Y a 0 0 - c 0 W 0 _ 0 U 0 O o - U O ' fY W 1- O O N J Z o 2 c C.0 2A- O o N Z d CO m O := a) L d E m O o T w. O O c = Z a) E Q . 5 a) Q C 0 .> W 0 c 0) U < 0 a) J CO am Hear from Planning Staff. Mr. Dobbs was present to respond to questions. There were none. c as a) 2 CD 0 C O 0 U O a � X 0 0 Q aa)) -a c 0) i0 U L 0 O `O Q 0 m a) -0 0) 0 C O U 0 U - a) a)O'p O p c) C .fl 0 0 r Q O E-p 0 0 > 0 m o) a) a) _ � C cm- O U O .' a m s m N o c Q) 7. a .._ a o N c C.c fl0 . Q a m . CO u �= a) N > O O U��o __ •p m a) _C CL = O C C a) F- O a o 0 a) a > > (i 6 C L a) @L .O NJJL m a) N 0 g E- 0 (n c m= o 3 0 o a o 0 c= c o n a`) 0 E n c c U J c a, c Q a) (1) 0 C") 0 L p 0 LL U C 2 -O. a s 6 N O a) -� O O T- 0 0 0.0 m aL... 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'r- a) a) > C O_ > a m Q) m L 7 m O = 'N F a) a s N -0 ma) a °- (0`ac°t- a) aao ....,>.- m'E a m m-o m O 0 L Q) m m n C O m O - .0 = us mo E us. a)o. o E W'cN>. c o n m 3 a) 0 0) c Z %n a) v) m 7 N -a E v >> O -03 C a us O O O O _� C CO N p o O_ _ L "� 2 n� = a) 9 -- 00 o En a0i o)-=o -0 0 -0 0 3 c o c 0) n N _ c c c 0) m m � s c i '� U Q- - °) c a m e 0 0) 0 6 I— > 0 0 m To- > o E o c m m a 0 0 c 'O -n E C 0= O_ = CO 0 LL LL 0 @ O a) c c0 0 t a) 0La Oa dja�� .- 0 t- U c 0 U 5 2 o 5 Q .5_ 0 O CC CC U_. LL 1- 3 (0 Q O a 0) E a O O C m (0 C 0 0 E O O N 0" E Z' (.0 m c E 0 E o E U (0 U co = d L Disclosure of Ex -Parte Communications by the Board. ketones 'ataawna .W /lied • 0 0 3 CD 3 E \/ \� al CD cD •uosJadalegO — ONR1d3H Of8ld 3SO1O .UO!JOW uo aloA (D .uo!ssnoslp wog (q uosJadJlegO 'JanooH .1 uMeO puel s,Aj There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6 there were any requests for amendments to the Land Development CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:21 P.M. V3A -1NIVSSVNO f 1N3SEIV - ,12IV321QDIN / \ Y 1 - N3I218,Q '031212:1V3 N01101,A1 V3A • 213A00H 0 / V3A • NOl1V8 1N3S8V•NVWHOfVB CO / 0 m Chairperson Hoover asked whether there was any further discussion. There was none. X200 CD a-_ a �0 \\ '0 ƒ /&° / ® ®) ▪ -. 2 \ } / / \ * =7m \/k CD c CD &/ _ (0 0 CD g'o a \ @wa ®2 - » m \ - a O 3 0) \ee& ƒ\ \2 cn CD —§ /~ fa / \ \� k/ JUNE 16, 2016 - PLANNING BOARD - PAGE 5 OF 5 01 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -002 -R III: Li Planning & Management Services, Inc. 137S Jackson Street. Suite 206 Fort Myers, Florida 239 - 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 500 NW 9th Street Okeechobee, FL 34972 Stephen L. Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Le•aI Description of Sub'ect Propert Parcel Identification Number: 3- 15- 37 -35- 0010- 00400 -0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Re. uest The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45 -acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single- Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). St I it,11da 1 oci) GucernmenLs hincr 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Current Future Land Use, Zonin • and Existin • Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single - Family Residential (30 %) Public Facilities (70 %) PUB, Public Facilities (entire parcel) FDOT Maintenance Yard 6.45 acres Proposed Industrial., IND, Industrial Materials storage 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District: Existing Land Use Multi- Family RMF Vacant Multi - Family & Industrial RMF & IND Vacant Industrial IND Industrial (Okeechobee Asphalt) Single - Family & Multi - Family RSF1 & RMF One single - family home balance is vacant Anal sis 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. ',erring Rurida Local Gore rnmron tiinL, 1 8 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single- Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." `'The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 3. The proposed use will not have an adverse cried on the public interest. "The proposed land use change would have no effect on the public interest as the property under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16- 002 -SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. J=lnricla 1 acid Govrrnmrntr, Sinn 1948 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 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 was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single - family use adjacent to the extreme southwest corner of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 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. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi - family development. Rather, this development was a victim of the housing bust associated with the "Great Recession ". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. Florida 1 .ULJI Gore rnment.. >ine 1 9SS Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90 -454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The 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 intensity of the proposed use has been described in both this and the Staff Report for 16- 002 -SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. `n r,,ug fnnu -n[s Sr, , I9H6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As there are culTently no plans to construct additional facilities on 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 9`h Street ROW there is no plan to change existing drainage patterns, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (i.e., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16- 002 -SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. 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. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested I (; vrrnnent.,';iner 19,^iR 6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Send n, R.rida Loral t.uremm, nts ,Since 1955 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 7 8 9011 $2 6 5 4 3 2 1 6 5 4 3 !2 1 N.W. 8TH AVENUE COMPREHENSIVE PLAN LAND USE SINGLE - FAMIL le MULTI - FAMILY - COMMERCIAL - INDUSTRIAL ^1 PUBLIC FACILITIES RESIDENTIAL MIXED USE FUTURE LAND USE SUBJECT SITE AND ENVIRONS 18 19 20 21 22 23 24 25 14 a I 1 2 N.W. 9th Street 11 12 1/ 18 19 20 21 22 23 24 25 10 9 8 7 6 5 4 3 2 1 39 17 18 19 20 21 22 23 24 25 26 110 9 8 7 6 5 4 3 2 1 1: 4 1: Serving Florida Local Governments Since 1988 8 ZONING SUBJECT SITE AND ENVIRONS LIJ a 8- z Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R N W 9TH AVENUE 6 5; 7 8 12 8TH AVENUE z 27 4.0 5 Subject 12 '3 16 15 N.W. 9th Street 10 8 8 7 6 5 1 3 2 28 -. -_ .- 21 25 9 8 7 6 39 5 a 3 2 17 18 •9 20 21 22 23 24 25 26 1_2 10 9 8 7 6 ::: I ZONING ▪ CBD - COMM BUSINESS DISTRICT CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFF H•HOLDING INC - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD-R ▪ RMF RESIDENTIAL MULTIFAM ILr RMH - RESIDENTIAL MOBILE HOME PST - RESIDENTIAL SINGLE FAMILY .F2 - RESIDENTIAL SINGLE FAMILY (2 N.W. 5 TH AVENUE i Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 10 .471? 6NDEPENDENT NEWSMEDIA INC. USA Okeech 107 SW 17t Okeechobee, 863 -763 'rlfo- ao2-/t FlkCopy STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertiseme ht for publication in he said newspaper. Katrina Elsken Sworn to and ubscribed befo 1e me this day of Ad,t�l1i,.._ ad AD Notary Public, State of Florida at Large Cc� ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Apti120, 2020 Bondedlhru Notary Public Undowribrs PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE LS HEREBY GIVEN that a wrllbe held before -the City o0Okeedwbee Planning Board on Thur June 16,-2016, 6 PM, or as soon thereafter as possible; at CAy-Hall,-55 SSE 3rd AVE, Counal Chambers, Rrn200 Okeechobee, a; ;W. consider and.re- ceiveinput on Rezoning Petition No: 16-002 -R, submlted,by'property own- er, Mr. Robert Gent (Registered Agent) Okeechobee-Asphalt & Ready Mired Concrete, Inc. The pubbc.Is encouraged to attend:. - • Petition No. 16- 002 -11 requests to rezone properr1ty y looted part.sdodNW 9th Use Is aamaiintenance yard LLe al::�All of Blodes 27 Industrial and040; Lots 11 to 6 of Block 28; Lots 11 to 16 of Blodc 39. together wN� a portion of NW 10th ST (f /k /a- N 16th ST) and NW 7th AVE (0! k a.O,keechobee AVE) lying between Bloch 27 40, Lots 11 to 16 of Blocks 28 -and 39, all according to the Plat of Okeechobee, Recorded in Plat Book 2, Page 17 Public Retorts of St. Lude County, and plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and Is ap- proxtrnately 6.5:aaes. The petition may be hrsuectied at the. s addre above 'during regular business hours, Mon-Fri, 8. AM-4:30 PM,- except for hoOdays. A Public Hearing for a rezoning petition Is handled as a'Quasl Judidar pro; ceeding, meaning a manner similar ID a court,-heaiing testimony and ques- tioning :presenters -who-provide substantlal and competent 'evtdence. It. Is Ilie duty of the Planning Board to arrive at sound dedstons. A recommenda- tion to approveror :deny :vnll be forwarded to the City Coundt, tentatively scheduled on July 19, 2016 (Frst Reading) and final adoption Public Hear- ing-on August 16; 2016,.6 PM. - ANY PERSON DECIDING TO APPEAL any dedsion made byy the Planning Board wlh respect to any matter consktered 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 whidr the appeal wM be based. In aaor- dance.with :the-Amerlans with Disabilities As ADA), any person with a disability as defined by the ADA, that needs s l accommodatlon to par - tidpate In this proceeding, contact the Genera Services Office no later than two business days prior to proceeding, 863- 763 -3372. - BE ADVISED that should you intend to show any docement;. picture, video or Items to the Planning Board in support or opposition to any item on the agenda, a coppyy of the document pichire-video, or ftem must be provided to the Board seaetary for the Cttys records. BY: Zoning Administrator Marcos MontesDeOca, Petition No. 16 -002 -R 476302 ON 5/29;6/8/2016. -..- - -..... ,.- . Patty Burnette From: Patty Burnette Sent: Friday, June 10, 2016 12:33 PM To: 'jpalmer @) ynchpaving.com'; 'Steven L. Dobbs' Subject: PB /BOA Meeting June 16, 2016 Attachments: Agenda June 2016.pdf; 16 -002 -R Okeechobee Asphalt.pdf; 16 002 SSA Okeechobee Asphalt.pdf Hi Jackie and Steve, Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, June 16, 2016 at 6 :00 p.m., or as soon thereafter as possible, in the City Council Chambers: • Application No. 16- 002 -SSA Comprehensive Plan Future Land Use Map change from Single Family and Public Facilities to Industrial for all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue, Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 Northwest 9th Street. • Rezoning Petition No.16 -002 -R to rezone from Public Facilities to industrial for all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 Northwest 9th Street. The proposed use is a maintenance yard, A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you. or a representative, cannot attend this meeting please let me know. Jackie ....please make sure Bob receives this information as his email information wasn't listed on the application. Thank you, Patty 1 Jute 19, 204 ,3 Okeechobee News Lake Okeechobee watershed project explained By Charles M. Murphy without storage north of the lake, you run purnp water into the aquifer. the cost effectiveness. Florida taxpayers are Okeechobee News the risk of delivering water south and not He said these wells can be placed in res- paying their share. I want to make sure their South Florida water managers this month having water available to keep the lake lev- ervoirs, canals and also in district right of interests are protected :' approved two cattle leases on property in els where they need to be for lake ecology ways. He said tributaries that drain into the Chairman Kevin Powers challenged the Glades County that could one day be a part and environmental reasons," he said. lake are obvious candidates for them. He district staff to quicken the study and have it of the Lake Okeechobee watershed project. The study will also determine how much argues they would complement the nutri- done in two rather than three years. The three -year study, which will start in water is needed to maintain agriculture, ent load reduction requirements needed to "Time is an abused resource," he said - July, will identify water storage and treat- public and industrial water uses that the lake clean up the water. It would also improve "We sit here today with the estuaries bear - ment features around Lake Okeechobee Provides during extreme dry periods. the district's ability to better manage water ing the brunt of the releases." [o better manage Lake Okeechobee water Every effort will be made to use exist- levels. levels, reduce undesirable freshwater dis- ing state -owned and federally owned lands Governing Board member Melanie Pe- Former Pahokee Mayor J.P Sasser said 65 charges to the Caloosahatchee and St. Lu- along the Kissimmee River or around the terson said the district owns a lot of land percent of the nutrients that enter the estuar- cie estuaries, improve environmental water lake. The counties that could be impacted north of Lake Okeechobee already that can ies are from local runoff and only 3 percent quality and provide operational flexibility include St. Lucie, Martin, Okeechobee, Os- be used for storage. She said the district of the water in Lake Okeechobee comes throughout the season. ceola, Highlands and Glades counties. The should clean the water before it enters Lake from south of the lake. He said 750,000 acre Matt Morrison, Bureau Chief over Ever - watershed involves Fisheating Creek basin, Okeechobee. She also encouraged the dis- feet of storage is needed north of the Take, glades Policy and Coordination, presented Nubbin Slough, Taylor Creek and the Kis- trict to store more water in the upper Kissim- most of it on state or publicly owned land. the study to the SFWMD Governing Board at simmee River, lstokpoga and Indian Prairie mee basin when needed. He suggested septic tanks and sewage are their June 9 meeting in Ft. Myers. basin. The ASR wells allow the district to store causing most of the damage to the estuar- "These are the next set of projects that "The next logical sequence for storage is water in times of high water levels which is ies. will help us move forward," he explained. north of the lake," Mr. Morrison added. not subject to evaporation. They can then re- Former Lee County Commissioner Ray He explained that 200,000 acre feet of Three scoping meetings are tentatively cover it three to five years later. A feasibility Judah said 100,000 acre feet north of the storage could be identified north of Lake expected to take place between July 25 -27 study suggested 140 ASR storage wells with lake would help. He said 1 million acre feet Okeechobee. The new legacy Florida bill in Martin, Okeechobee, and Lee counties. 80 around Lake Okeechobee. south of the lake are needed. might be one tool that provides funding for Locations have not been finalized. "It is really a technology that we will The cattle leases approved affect the C -2 the purchase of land. The U.S. Army Corps He explained 200,000 acre feet of water is continue to pursue," Mr. Morrison said. "It Ranch and the Storey Ranch near Paradise of Engineers and Congress would also have redirected south annually. He said that puts doesn't require large tracts of land, and it Run in Glades County. The lease terms of to authorize new projects eventually. the district on the `brink' of what he calls a shows there is an improvement in water IO ears have run out. Each lease was ex- An acre foot means the depth of water water supply bust. quality in the water that is recovered." 10 y ears by the number of acres. For ex- "We push the envelope on the environ- Mr. Morrison said public water suppliers tended for three years. Some 895 acres will arrrple 20 acres, with 20 feet of water, would mental issues, sending more water south have used these wells successfully across be leased from the C -2 Ranch for a rent of be 400 acre feet. would have meant low lake levels in Lake Florida. $56,995. Some 559 acres will be leased from Mr. Morrison said storage north of the Okeechobee and significant issues with wa- Governing board member James Moran the Storey Ranch for $35,575. The annual lake is clearly needed. ter supply," he said. said the wells are not the silver bullet to this lease rate is determined by a new formula "It is pretty clear in order to meet the Another aspect of the study is Aquifer and process. that takes into account cattle street prices goals and objectives for the natural system, Storage Recovery Wells or ASR. This would "They are one fact," he said. "1 question and other factors.±,,,, Planners recommend zoning change on Northwest Ninth Ave: By Charles M. Murphy Okeechobee News The city planning board voted to recom- mend a 6.5 -acre tract be rezoned for indus- trial use on Northwest Ninth Avenue, Thurs- day. Okeechobee Asphalt and Ready Mix Con- crete requested a change from the current zoning of single family and public facilities. "They're basically going to use it as a ma- terial storage yard," engineer Steve Dobbs said. The company will continue to use it for storage of materials and equipment. He said the company needs the room for storage. City senior planner Bill Brisson said the property had been in public use for at least woofing with the name you trust! ROOFING REP IRS Residential ¢' Commercial REE Estimates Licensed and Insured 51. Lie. CCC046939 Don't make a Mistake! Call Big Lake 863- 763 -ROOF (7663) 10 years. He said the public facility zoning "There are no environmentally sensitive wasn't smart and the parcels on each side sites on the property. We do believe the use were zoned single family. He said the city is reasonably compatible with the surround - must consider the best use of the property, ing uses," he added. not necessarily what the applicant pro- He recommended approval of the proj- posed. ect. "It is a reasonably appropriate place for The company purchased the former Flor- industrial," he said. ida Department of Transportation work yard He said the size of the property can pro- after the state put it up for competitive bid. vide buffer and screens for nearby property. The company plans to rezone three City code provides for 40 feet of buffer single family lots closer to Northwest Ninth to the east. He said if the future land use is Avenue. changed, the zoning must also be changed. Planning board member Karyne Brass Mr. Brisson also considered the maxi- said she was not concerned with the vol- mum development potential of the site and ume of traffic but the awareness of drivers minimized the traffic impacts. that enter the property. "Always on Top of the Job" L =it IT IA NO Re- Roofing Specialists • Metal & Shingle Roofs • Flats & Leaks Repair FREE ESTIMATES State llc. #0001327333 863-357-3838 Cancer Care & Chemo Center Vaseem Akhtar, M.D. National cancer institute publishes chemo protocals, that are used all over the world, then why drive several hours to receive chemotherapy, if you can receive same treatment locally, with insurance coverage. 1713 Hwy 441 North • Suite J Okeechobee, FL 34972 863.467.9000 "It is at a snail's pace. Is there anything we can do to address access?" she asked. She said the access road could be wid- ened to improve access. "It is not easy. Those trucks don't turn on a dime," she said. The Okeechobee City Council will vote on the proposal on July 19 and Aug. 16. The property address is 500 N.W. Ninth Ave. The board votes were unanimous, (7 -0). The property includes blocks 27 and 40, lots 11 -16 of blocks 28 and 39, and a portion of Northwest 10th Street and Northwest Sev- enth Avenue. ..r' 71.e.e.tveo, For Info, Call * * « * * meute 763.7202 usmss MOVIE TICKETS: Adults 57.50 Gan Children 12 & under 56.00 Senior Citizens 56.00 Matinees 55.50 7MFTOnr Fri, June 17"' - Thurs., June 23"" I: "TEENAGE MUTANT NINJA TURTLES 2" RI. 7:00 & 9:00. 549. Sun.. Tues.. Wed. & Thurs. 000. 4:15. 7:00 & 9.00. Mon. 3:00 & 7:00 II: "FINDING DORY" Fri. 000 & 9:00, 5M.. Sun., Tues. Wed. F. Thum 200.415, 7:00 & 9:00. Mon. 3:00 & 7:00 III: "CENTRAL INTELLIGENCE AGENCY" RI. 100 & 900 Sm.. Sun.. Tues.. Wed & Thurs 200.4:15. 7:00 & 9:00 Mon. 100 & 200 * I6,-O52 -R ri lt! CoH Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, August 19, 2016 2:17 PM To: Property Appraiser Ofc - Russ Duncan (r.duncan @okeechobeepa.com); Celeste Smith Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1138 Attachments: 1138 Zoning.pdf Good Afternoon, Attached you'll find Ordinance No. 1138, adopting Rezoning Petition No. 16- 002 -R, changing approximately 6.45 acres from City of Okeechobee Public Facilities to Industrial. This copy is for your records. Should you have any questions, please contact me. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Sent: To: Bobbie Jenkins Friday, August 19, 2016 2:19 PM 'bgent @lynchpaving.com'; 'jpalmer @lynchpaving.com'; sdobbs @stevedobbsengineering.com Cc: Lane Gamiotea; Patty Burnette Subject: Adopted Ordinance No. 1138 Attachments: Ordinance No. 1138 (16- 002 - R).pdf Good Afternoon, Attached is a copy of the adopted Ordinance No. 1138. Please print this for your records. If you have any questions or need additional information, please contact our office. Thanks and have a good day! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3" i Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, August 19, 2016 2:10 PM To: Bill Brisson Cc: Lane Gamiotea; Patty Burnette Subject: Ordinance 1138 and Ordinance 1139 Attachments: Ordinance No. 1138.pdf; Ordinance No. 1139.pdf; Publication Affidavit Ord. No. 1138.pdf; Publication Affidavit Ord. No. 1139.pdf Good Afternoon Bill, I am attaching the executed copies of Ordinance No.'s 1138 (16- 002 -R) and 1139 (16- 004 -SSA) as well as the publication affidavits for both ordinances. Please let me know if you need additional information. Once the August 16, 2016, City Council Minutes are completed, I will forward a copy on to you. Have a good weekend © Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, August 15, 2016 2:16 PM To: 'bgent @lynchpaving.com'; sdobbs @stevedobbsengineering.com; jpalmer @lynchpaving.com' Cc: Lane Gamiotea Subject: City Council Meeting August 16, 2016 Attachments: Agenda August 16 2016 Budget Workshop and Regular Meeting.pdf; Agenda 08 16 16 Ex 1.pdf Good Afternoon Mr. Gent, This is your official notice for the final public hearing, Petition No. 16- 002 -R. Attached is a copy of tomorrows City Council Meeting agenda as well as Exhibit 1. Your item is VIII.A. The meeting begins promptly at 5 p.m. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 31(1 Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request. do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Bobbie Jenkins Sent: Wednesday, August 03, 2016 10:39 AM To: 'bgent @lynchpaving.com'; sdobbs @stevedobbsengineering.com; 'jpalmer @lynchpaving.com' Cc: Lane Gamiotea Subject: City Council Meeting August 16, 2016 Good Morning Mr. Gent, This is your official notice for the final public hearing for petition no. 16- 002 -R. The meeting begins promptly at 5 p.m. on Tuesday, August 16, 2016. Please call us if you have any questions or if you can not attend. The agenda and exhibit item will be forwarded to you when they become available. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 1 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, August 03, 2016 10:39 AM To: 'bgent @lynchpaving.com'; sdobbs @stevedobbsengineering.com; jpalmer @lynchpaving.com' Cc: Lane Gamiotea Subject: City Council Meeting August 16, 2016 Good Morning Mr. Gent, This is your official notice for the final public hearing for petition no. 16- 002 -R. The meeting begins promptly at 5 p.m. on Tuesday, August 16, 2016. Please call us if you have any questions or if you can not attend. The agenda and exhibit item will be forwarded to you when they become available. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3,d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 43,,_2: (863) 763-3372 20 RECEIVED from -1;1 — Dollars 100 74H 4. - CLERK CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 9 43828 (863) 763-3372 CEIVED from ,,..., 20 /1(,, Dollars .4 tie iA &a( 100 CLERK CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 43829 (863) 763•3372 ED from 62kuzjL&-t.e„ 5 3 20 /4', / _ Dollars 100 CLERK 2 42422& 2 2 z_y 4 4'3- :2;tq: 4 DSearchResults Pub _Ta7 'F- -t. -sec -6 L / l -1P �I -I(o o L I �-� Okeechobee County Property Appraiser 2015 Certified Values updated: 3/24/2016 Page 1 of 3 Parcel: 3- 15- 37 -35- 0010 - 00400 -0070 « Next Lower Parcel I Next Higher Parcel » Owner & Property Info Owner's Name TIITF /DOT Site Address 500 NW 9TH ST, OKEECHOBEE Mailing Address SUBMAINTENANCE YARD % DNR DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 323996575 Building Value CITY OF OKEECHOBEE THAT PART OF OKEECHOBEE AVE $110,328.00 LYING BETWEEN 15TH ST & 17TH ST AND THAT PART OF cnt: (13) 16ST LYING BETWEEN LOT 6 OF BLOCK 27 & LOT 1 OF BLOCK Description p 40 AND THAT PART OF 16TH ST3 LYING BETWEEN LOT 16 BLOCK 28 AND LOT 11 BLOCK 39 CITY OF OKEECHOBEE LOTS Moo 1 TO 6 INC BLOCK 40 CITY OF OKEECHOBEE LOTS 11 TO 16 INC BLOCK 39 CITY OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK 27 CITY OF OKEECHOBEE LOTS 11 TO 16 ...more »> NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 6.451 ACRES S /T /R 15-37- 35 Tax Neighborhood 618611.00 District 50 DOR Use Code TIITF IMP (008700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $210,786.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (3) $110,328.00 XFOB Value cnt: (13) $57,734.00 Total Appraised Value $378,848.00 Parcel List Generator Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 22 of « Prev 70 Next » GIS Aerial Mi"'a 0 200 400 600 800 1000 1200 1400 ft bob C.en+ pope /Fu Nlechac r e - Shoff' ?arf ass fo Rezor _ --o 13° horea- ft u JO T- ao ve 7 c l.e apps -for d e rJ 2015 Certified Values Just Value $378,848.00 Class Value moo Assessed Value $378,848.00 Exempt Value (code: 05) $378,848.00 Total Taxable Value Moo http: / /www.okeechobeepa.com /GIS /DSearchResults. asp 4/6/2016 D SearchResults Sales History Page 2 of 3 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale DatelBook /Pagellnst. TypelSale VImplSale QuallSale RCode (Code List)ISale Price NONE Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Base S.F. Total S.F. Bldg Value Show Sketch 1 OFFICE (004900) 1975 442 527 $12,823.00 Show Sketch 2 WH BLDG (008400) 1988 4284 4284 $59,745.00 Show Sketch 3 MH OFFICE (004903) 1995 1322 1354 $37,760.00 Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Blt Value Units Dims Condition (% Good) FENC A 6'C /L 3BRB 2000 $13,366.00 0002510.000 0 x 0 x 0 PD (050.00) CONC B COM SLB WL 2000 $771.00 0000451.000 0 x 0 x 0 PD (075.00) AFA N4 MTL FLR MT 2000 $721.00 0000064.000 8 x 8 x 0 PD (075.00) ASPH 3 LC PK LOT 2000 $5,654.00 0019003.000 0 x 0 x 0 PD (025.00) CONC B COM SLB WL 2008 $3,437.00 0001675.000 0 x 0 x 0 PD (090.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 061ID1 RR VICINIT (MKT) 0281049.000 SF - (0000006.451AC) 1.00/1.00/1.00/1.00 $0.75 $210,786.00 Okeechobee County Property Appraiser « Prev Search Result: 22 of 70 Next » updated: 3/24/2016 HOME Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informatii not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or i interpretation. Although it is periodically updated, this information may not reflect the data cure in the Property Appraiser's office. The assessed values are NOT certified values and therefor€ subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e -mail addresses are public record. If you do not want your e -mail address response to a public- records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http: / /www.okeechobeepa.com /GIS /DSearchResults.asp 4/6/2016 D SearchResults Okeechobee County Property Appraiser updated: 5/5/2016 Parcel: 3- 15- 37 -35- 0010 - 00400 -0070 « Next Lower Parcel' Next Higher Parcel » Owner & Property Info Owner's Name OKEECHOBEE ASPHALT & READY MIX Site Address 500 NW 9TH ST, OKEECHOBEE Mailing PO BOX 1994 Address OKEECHOBEE, FL 349731994 $110,328.00 CITY OF OKEECHOBEE THAT PART OF OKEECHOBEE AVE cnt: (13) LYING BETWEEN 15TH ST & 17TH ST AND THAT PART OF Total Appraised Value 16TH ST LYING BETWEEN LOT 6 OF BLOCK 27 & LOT 1 OF Description BLOCK C4K 0 AND NTD H ALOT T P A11 R T B LOOF C 1K 6 T39 H CT Y L YO G O BWHEOOT LOTS 1 TO 6 INC BLOCK 40 CITY OF OKEECHOBEE LOTS 11 TO 16 INC BLOCK 39 CITY OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK 27 CITY OF OKEECHOBEE LOTS 11 TO ...more »> NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 6.451 ACRES S /T /R 15-37- 35 Tax Neighborhood 618611.00 District 50 DOR Use Code TIITF IMP (008700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $210,786.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (3) $110,328.00 XFOB Value cnt: (13) $57,734.00 Total Appraised Value $378,848.00 Sales History Page 1 of 3 2015 Certified Values Parcel List Generator GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 200 400 600 800 1000 1200 1400 ft 2015 Certified Values Just Value $378,848.00 Class Value Moo Assessed Value $378,848.00 Exempt Value (code: 05) $378,848.00 Total Taxable Value $0.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire http: / /www.okeechobeepa.com /GIS /D_SearchResults.asp 5/17/2016 D SearchResults Page 2 of 3 Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode (Code List) Sale Price 4/6/2016 773/742 QC I U 11 $253,000.00 11/21/1967 111/855 WH BLDG (008400) V U 4284 $0.00 Building Characteristicc- Bldg Sketch Bldg Item Bldg Desc Year Blt Base S.F. Total S.F. Bldg Value Show Sketch 1 OFFICE (004900) 1975 442 527 $12,823.00 Show Sketch 2 WH BLDG (008400) 1988 4284 4284 $59,745.00 Show Sketch 3 MH OFFICE (004903) 1995 1322 1354 $37,760.00 Extra Features & Out Buildings - ( Show Code Code Desc Year Blt Value Units Dims Condition (% Good) FENC A 6'C /L 3BRB 2000 $13,366.00 0002510.000 0 x 0 x 0 PD (050.00) CONC B COM SLB WL 2000 $771.00 0000451.000 0 x 0 x 0 PD (075.00) AFA N4 MTL FLR MT 2000 $721.00 0000064.000 8 x 8 x 0 PD (075.00) ASPH 3 LC PK LOT 2000 $5,654.00 0019003.000 0 x 0 x 0 PD (025.00) CONC B COM SLB WL 2008 $3,437.00 0001675.000 0 x 0 x 0 PD (090.00) Land Breakdown Lnd Code Desc Units Adjustments Rate Lnd Value 061ID1 RR VICINIT (MKT) 0281049.000 SF - (0000006.451AC) 1.00/1.00/1.00/1.00 $0.75 $210,786.00 Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 5/5/2016 HOME I Record Search I GIS Map General Info I Exemptions I Tangible Tax FAQ I C This information was derived from data which was compiled by the Okeechobee County Prop( Appraiser's Office solely for the governmental purpose of property assessment. This informati( not be relied upon by anyone as a determination of the ownership of property or market value. warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or interpretation. Although it is periodically updated, this information may not reflect the data curr in the Property Appraiser's office. The assessed values are NOT certified values and thereforE subject to change before being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e -mail addresses are public record. If you do not want your e -mail addresE response to a public- records request, do not send electronic mail to this entity. Instead contac by phone or in writing. http: / /www.okeechobeepa.com /GIS /DSearchResults.asp 5/17/2016 •uoilow uo aloA (o b) Public comments and discussion. Motion to approve the first reading of proposed Ordinance No. 1138. c) City Attorney to read proposed Ordinance No. 1138 by title only. 0 Vote on motion to read by title only and set final public hearing date. z mmC d C W Ocanm• D C -n o m 0 0 N o O o 0 mac° o' z c T. cQ Cp iD N CD �rnrn m � Z rn° N o N CD p 0? rn o 0_ T FT W CD O . 0 O N a) O N -0 O . 73 mO ° _.c0 a) N o m Cr c, °- ° o° 3 °-' 0 ° Z N -° a cn NJ 7 (D C O 0— - • z ° Q- 0 m m co (f) O N v- o x s, m - • m a ° 0 O- v w • d j CD OV • _, Z , y a- CC -' N CD - O N a) O C (2 C. _ > W Q s < o Qo GO a T O Vii (D 'nom a, co w m v c':0w° 0 0 _ _5. c°i� X. co 0) 1 !N ao(eW - ONRit13H 0f9fld 3S010 m v C122 o m co D O z o 0 O 0 z O a) 0_ o m -0 O 0 0 co 70 co 0 0 z 0 N O O N 0 0 -4 o 0 0 D A m ° n 0 m Cr v O D 7- rn v CD oo w° a a m o , po o. mv03 O N CD Nm 5 W 0 T n- Z n C7 0_ m (� a n n - 2' o CD • ° 7- 0_ °- 0 m�Q v <Q w co Cr aOZzi r— = rn N o '" 5 cnAa 0 'vyzoA .O a ° ' _< g. 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O � cD v ° o 7307 (D • 7 5' _ v • ��7f ° 7 0 n 'G 7 n _ (D 0 v ° • a rn o = n � oz ° o O .-CJ * .. • ZJ co o N 0 o •< Q 0 0- o m 3 _- o °O co Q 7 W . -. N ,c)<- `< EZ o Q m 7 o o21 n las co �'Ko_ O o c, 7 co - a, 0 0 O O 0 D D A O v ° = A � m0 D V = o m < .-. CD = CD 0_ . -. Z7 O CD CO n fl 0) r a N O N m 0 _, a S- r T Q CD 0 m 310A - NOISSl0SIa - NOUN 1I0■f100 JULY 19, 2016 - REGULAR MEETING - PAGE 8 OF Cn ORDINANCE NO. 1138 Exhibit 6 July 19, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16- 002 -R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 16- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.45 acres from Public Facilities to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on June 16, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 6.45 acres, as the subject property, located in the City of Okeechobee, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET TO THE NORTHEAST CORNER OF LOT 11 OF BLOCK 28, THENCE SOUTH A DISTANCE OF 715 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF BLOCK 39, THENCE RUN WEST A DISTANCE OF 385 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF BLOCK 40, THENCE RUN NORTH A DISTANCE OF 715 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO DESCRIBED AS: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 27; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 28; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 39 AND LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 40, TOGETHER WITH THAT PART OF NORTHWEST 10TH STREET (FORMERLY KNOWN AS 16TH STREET) LYING BETWEEN LOT 6 OF BLOCK 27 AND LOT 1 OF BLOCK 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF NORTHWEST 7TH AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING BETWEEN NORTHWEST 9TH AND 11TH STREETS, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1138 Page 1 of 2 SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Public Facilities (PUB) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (16- 002 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of July, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of August, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1138 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 5_ A...4/ Petition No. 1U-00- 14 Fee Paid: $1046,(4 all. Jurisdiction: P /fin% 1st Hearing: 0 2nd Hearing: 11 g' r4 °�� `�� 9 ") -(R I(D M "" Publication Dates: Jr.29.1(o e S . (0 -5-1& e 15 Notices Mailed: (9-1 -1l9 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): 863 - 824 -7644 PROPERTY INFORMATION Property address /directions to property: 500 NW 9th Street, Okeechobee, FL 34972 61. Parrot} Ave Approximately 0.4 miles west of the intersection of NW 9th Street and Highway 441N on the north side of NW 9th Street. 8 Describe current use of property: The site historically was used as the maintenance yard for FDOT. The current owner proposes to use the site as it has been used historically. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. There is currently a 442 sf office building, a 4,284 sf warehouse, and a 1,322 sf Mobile office building. Source of potable water: Well Method of sewage disposal: Septic Tank 10 Approx. acreage: 6.5 Ac 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: Vacant, Undeveloped East: Vacant Undeveloped South: Industrial Asp hali Pavans o ''ra+'ols West: Single Family Residence/Vacant 14 Existing zoning: Public Facilities R Future Land Use classification: Public Facilities -- S F. 15 Have there been any prior rezoning, property? (X )No ( )Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3- 15- 37 -35- 0010 - 00400 -0070 (Rev 3/5/15) Page 1 of 11 1 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 gied P eie_j 4-019--ile 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: 4/6/2016 - 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) c ontaining: 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date gied P eie_j 4-019--ile For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 a'L41NIo UMW 0)' CIIYIy I4EIIIC FLORIDA DEPARTMENT OF STATE D.IVISION',OF.CORP.ORATiON$ Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Filing Information Document Number P07000032499 FEI /EIN Number 20- 8610499 Date Filed 03/13/2007 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/01/2007 Event Effective Date NONE Principal Address 503 NW 9TH STREET OKEECHOBEE, FL 34972 Mailing Address P.O. BOX 1994 OKEECHOBEE, FL 34973 Changed: 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer /Director Detail Name & Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE, FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT, MA 02635 Annual Reports Petition No. "tea rl Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify underthe penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held underthe same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of 4re..1L Z° , 2Dtt, and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this r; l , ai t gip._ (44 day of Signature of Applicant Date 'Kelperi-?. Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this all of f) kno n to me---k.:69,4- e. ( or produced did not take an oath. blic, State lorida (Rev 3/5/15) , iv . Personally as identification and Seal: ?�`' "`° JACQUELINE J PALMER • •) MY COMMISSION #FF159428 .d;;.•-• EXPIRES September 11, 2018 (401) 398-0153 FloridallotaryService.com Page 3 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: Public Facilities/ Requested zoning classification Industrial B Describe the desired permitted use and intended nature of activities and development of the property? 3- 15- 37 -35- 0010 -00400 -0070 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 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 unnecessaryrestrictions. 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 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 and has been used and Public Facilities and Single Family Residential as the past land owners did. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to continue to use the property as it has been used in the past is authorized under Industrial. 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 under the same ownership has been used as the current owner is planning to use it in the future. 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 was previously used as the current owner is planning 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; As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized. 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 property's use is not going to change as a result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel. 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 there are currently no plans to construct additional facilities on 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 is the same as the previous use, which has not caused the parcel to suffer from 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 6.5 acres located in Section 15, Township 37S, and Range 35E. The property's parcel ID is 3- 15- 37 -35- 0010 - 00400 -0070. It is currently located in the City of Okeechobee with a current zoning of PUB — Public Facilities and a FLU of Public Facilities for the abandoned portion of NW 7th Avenue between NW 11th Street and NW 9th Street and the abandoned portion of NW 10th Street between NW 8th Avenue and the east boundary of the parcel and block 27 and the west portion of block 28 in this parcel. Block 40 and the western portion of block 39 have a FLU of Single Family Residential. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has purchased this parcel from FDOT and is planning to use the parcel as FDOT did historically for material storage (crushed concrete, Asphalt Millings, and other such construction materials), office, and construction equipment repair. This application is for the City to grant a zoning on this parcel from the existing Public Facilities and Single Family Residential to Industrial. The existing access to this property is from NW 9th Street from the south. 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. Okeechobee Asphalt and Ready Mix Concrete, Inc. Comprehensive Plan and Rezoning Legal Description ALL LESS W 660 FT ALSO COM AT SW COR OF SEC 5 BEAR ERLY ON S LINE OF SEC 5 DIST OF 50 FT TO ERLY R/W LINE OF PLATTS BLUFF RD & POB THENCE BEAR NRLY ON ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT THENCE BEAR ERLY & P/L TO S LINE OF SEC 5 DIST OF 610 FT THENCE BEAR SRLY & P/L TO ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT TO S LINE OF SEC 5 THENCE BEAR WRLY ON S LINE OF SEC 5 DIST OF 610 FT BOUNDARY SURVEY PREPARED FOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. OESCRIP17ON :- BEGINNING AT THE NW CORNER OF BLOCK 27, RUN EAST A DISTANCE OF .785 FEET 70 THE NE CORNER OF LOT 11 OF BLOCK 28 THENCE SOU771 A DISTANCE OF 715 FEET 70 DIE SE CORNER OF LOT 16 OF BLOCK J9,• ;HENCE RUN NEST A DISTANCE CI, 385 FEET 70 THE SW CORNER OF LOT 6 OF BLOCK 44 THENCE RUN NORTH A DISTANCE OF 715 fEET TO 771E POINT OF BEGINNING, ALL ACCORDING 70 THE PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 2 PACE 17, PUBLIC RECORDS OF ST. LUKE COUNTY, FLORIDA. Ln� AA l n ALSO DESCRIBED A$ and oh rtt�rdht( b1L Past EE Pcx.t'�Lt.C. P �:c.0-cd.s L� (�ic,P_�C;r;Ci:ut_ t.0(�35 ! t FL LOTS 1 TO 6 INCLUSIVE OF BLOCK 27.• LOTS 11 70 16 /NCLUAVE Or BLOCK 28,• LOTS 11 70 16 /NCUAVE OF BLOCK 39,• LOTS 1 70 6 INCLUSIVE OF BLOCK 44 TOGETHER Nf171 THAT PART OF SIXTEENTH STREET LYING BE1NE77/ BLOCKS 27 AND 40 AND 81/791/1/71 LOT 16 CF BLOCK 28 AND LOT 71 OF BLOCK .79 AND ALL 771A T PART OF OKEECHOBEE AVENUE LYING BE7N£EN F717EE7/17/ STREET AND SEVENTEENTH STREET, ALL ACCORDING TO THE PLAT OF CKEECH07EE RECORDED IN PLAT BOOK 2 PAGE 17. PUBLIC RECORDS CF SE LUKE COUNTY, FLORIDA. Nr 1 Y -'.A ;'..v•? N.(t64, S-4- 1 PROJECT SPECIFIC NOTES.- 1) UNLESS SHORN O7HEEHISE; ALL DIMENSIONS ARE DEED(0) ANO MEASUREO(M). 2) SITE ADDRESS. 500 NW 9711 SIREFT. J) PARCEL /0.' .7- 15- 27 -55- 0010 -00400 -0070. f) F.I..R.M. ICWE X MAP N0. 12095C04756 DA7E0 07/16/15. 5) BEARING REFERENCE THE' NORTH RIGHT- OF-WAY UNE OF NW 977/ STREET IS TAKEN TO BEAR 50(1171 8949J6" NEST. 6) THE 0ESCR /P17OV SHORN HEREON WAS PRONGED BY 17£ CUBIT OR THE CIcnrs REPRESEVTA7 71/ 7J 771/5 SURVEY IS NOT /NIENDED TO DEPICT . IRISOIC17OVAL AREAS OR OTHER AREAS O< LOCAL CONCERN. 8) SURVEYOR WAS NOT PRONGED if171/ ANY 1777E INFORMATION FOR THIS PARCEL SURVEYOR ASSUMES NO RESPONSIBILITY OR UABIUIY FOR THE ACCURACY OF £ASE,VENT DIMENSIONS SHORN HEREON, THERE MAY BE 017/ER EASEMENT5 0? RESTRICTIONS THAT EFFECT THIS PARCEL. 9) 771E SURVEY OEP/C1E0 HERE 75 NOT COVERED BY PROFESS/ORAL UABIUTY INSURANCE ADDITIONS OR DELL-77CWS 70 SURVEY MAPS OR REPORTS BY OTHER THAN 711E SIGNING PARTY OR PARTIES IS PROHIBITED HINHOUT NR /171/11 CCWS2NT OF 771E MOVING PARTY OR PARTIES 10) OA11/ OF LAST HELD SURVEY 04/2546. 0 1 SCALE: 1• = 6C' tl tit lab Yr.. I t Ia.a04.01Nr000 11 NW 11TH STREET - ,- - -� -o_ - -- �- m,. we 0.esesc - ' EAST 305'101 39 2.5%P/ N B9 • °50'45' E 392.64'1M1 PALE .__._-._-.__.--.__.-_.-_._ _._- .__.-- .__.__._- .eee- w- .__._- . t, I - ; I ; 1 1 1 1 1 I 1 1 I I 1 ! , 1J i 4 1/.0c1(2) 1 WI ' Bl0°c 20 J_ l 7 F- 1 I , SW, ; idi . ,. .I lei 1 iF �1:... J 1-1 I 1 i i 1 2' 1 Is I. 1 1 R j 1 01 1 I 1 m ! 4 [ 1 e If +5I1 1'`4 ! PARCEL CONTAINS ' n b; X6.45 ORES Iii: Q 0' (t1-- muml THE i l` P NW 10TH STREET ; -t. z1 AG I 1 ,.Pm .,WA WOM11Mn sad: eaf -° i ! ltt+,m As 1100 v nor Aw1c* i 17. 1 ! - _1-- --- -' ---� r : I x ! o �_T z 0 !° I ° I I !o 1- 1 x F r - - -- I �I I ER to 17 I 1 I 1 e ' 1 ! 1 1__. - (eLOOx 40) circa" 39- 1 1 I T 1 1 1 r - I l ,e I i 2� m t1 9 � 1 1 sBg. 1 1000,101.1, I ,y FBq - - - - v + 1 viz 1 t 0.00 Ta y. .weo ;TorW471 1 m.a ! aaa 000 I� ea a1 a.p. a er vB a,; 1>amM room 61'. �.., =oat MOM -1 L000 u 7 WILT 3 iWtI 3392.5 IP/ 9 a9 W 192 61 le) u�y 1 - -L - -- NW 9TH STREET ------ - - - -__ •- - -- - $--T -. 0.l do y N O n = ED > Pl z m y g " Z p (,I �.. o V 11 N C1 o O D y \ STANDARD HOME: No meeeN el the public records for 0atelmholion el 0.nen0:0 or rnVktkos affect09 the Inds No•m .roe porformed by the severe. The savoy depicted 11014 b pe9eeed .odus:vdy far these parties noted. No raspon.L7:ly N 0. 00bEly Is assumed by Do srvepr for usa by others not sped(olIy nursed. Not .14 n7haut the spvoWre 110 embossed seal al Florida licensed wrvo)00 and mapper /4020. 10ore are no s6Lle above wand encroachments ...at as she.. No attempt was mod. to locate nder9ran0 bnpovom0nts nd /or w+voodunmts (0 any) 00 poet of this survey. Ib:s sunny .00 prepared In accordance dth mhimrn Retested standees. establIsned by the Fleeldo Board of Suneya0• nd Mappers (0.090.+ 01717 -6. F.AG) pursuant to Section 472027. Florida 5106.000. ° lx(EELHOBEE ASPHALT Q READT MDIE° CONCRETE, WG TRADEWINDS SURVEYING SERVICES, LLC. LEGEND Se Iron Rod a,d Cop -NAB LS 4020• ■ -Found Cu e-Feand bon Rod (nd Cep) O -Found PFa (nd Cop) oes ABBREVIATIONS s•so.K 0..9..,.« 4 c..1.r 0 Da. •4 w M, 171• 200 S.N. 3rd Avenue Okeechobee, FL 34974 Tel: (683) 783 -2887 ( ) © Fax: (883) 783 -4342 Emall: ®yehoo.com 0 DESCRIPTION D•G DATE BY Cx 11. f < e. of 1browf D- 3Utotw moot c.,0. Ay. ...e w. �..�¢r r.ed.. rte« o.SO- s... M (.. o e.0= 0114 ......s w•u..d. 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Saab& 4 Drawn By RU55 DUNCAN CFE, AGRICULTURE/ MAPPER Date: 4/15/2016 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 0 0 8.., co a Lui a 0 E cD p -� 0 E 0 w'Lunch Peak 146 -364 two way trips str Lunch Hour Traffic 0 0 0 0 » » »> No calculations but studies sho C -Cu O F- O O O O O G 0. Not Available{ PM Peak Trips - Total DU DU IDU 1 1 DU Not Available Occ.Room Occ.Room Berths TSF Gross Not Available TSF Gross TSF Gross TSF Gross 1 61 81 TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Not Available TSF Gross TSF Gross Not Available C � O N N a a Service Bays 1 TSF Gross TSF Gross TSF Gross Not Available TSF Gross TSF Gross TSF Gross TSF Gross 1 TSF Gross Drive -In Windows Expected N O 1 Expected Units 1 Acres TSF Gross TSF Gross 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 All Suites Hotel 311 Motel 320 Marina 420 Health Club 493 Church 560 Daycare Center 565 (General Office 710 (Equation) Medical Dental Office 720 Building Materials /Lumber 812 Hardware /Paint Store 816 Nursery (Garden Center) 817 'Shopping Center 820 (Equation) D (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 IConvenien. 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 str Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -002 -R s1 ''!I,Planning Sc Management Services, Inc. 137i Jackson Street, Suite 206 Fort \lyets, Florida 239 -331 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 500 NW 9th Street 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- 00400 -0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue Tying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Request The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45 -acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single - Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District .. ... ... ............. Use of Property Acreage Existing Single- Family Residential (30 %) Public Facilities (70 %) PUB, Public Facilities (entire parcel) FDOT Maintenance Yard 6.45 acres Proposed Industrial IND, Industrial Materials storage 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District: Existing Land Use Multi - Family RMF Vacant Multi - Family & Industrial RMF & IND Vacant Industrial IND Industrial (Okeechobee Asphalt) Single- Family & Multi - Family RSF1 & RMF One single - family home balance is vacant Anal sis 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 -002 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 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 under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16- 002 -SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 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 was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single - family use adjacent to the extreme southwest corner of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 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. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi - family development. Rather, this development was a victim of the housing bust associated with the "Great Recession ". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90 -454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The 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 intensity of the proposed use has been described in both this and the Staff Report for 16- 002 -SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As there are currently no plans to construct additional facilities on 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 pattems, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (i.e., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16- 002 -SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. 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. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested Serving Florida Local Governments Since 1988 6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 7 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R N.W. 9 TH AVENUE 8 ,9 t0 11 12 I I 1 1. 43 3 L 9 10 11 1 5 4 3 4 .2 1 COMPREHENSIVE PLAN LAND USE I StNGLE klUO: .Aht:L all COMMEnclA_ al nousrA,AL =t)eLic FAL E RES:DE:NT:A, V _ FUTURE LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 15 11 le 19 20 21 22 23 24 25 26 16 2 27 5 6 Subleet 40 4 11 12 15 16 13 1 4 91F3 Street 11 311 9 8 7 6 43Z 3, 18 19 20 21 22 23 24' 10 9 8 I 6 5 4 3 2 1 39 11 18 19 20 21 22 23 24 25 26 2 ' Z Z 12 10 9 8 7 _6 5 4 3 2 1 14 14 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R N.W. 9TH AVENUE N W 8TH AVENUE ZONING SUBJECT SITE AND ENVIRONS z 27 40 Subject 1! N.W. 9th Street OEM •;.•-, • 'Zi ZONING • CSO - CC B441S-S CvSTRKT • C,4% - IEA courrEpcm&L • ca., 1.44T COMMERZ34. CPO - CM agFPFESS44.4L, : L H- HOLZ NG ttitat:57RAA. PUB - PLAX,C F4Z PUD-litIXEO • RVF RESCierrIAL IMULTAAULF - ES:OENIT+41.11108 & E RSF1 • RES:CENTIALStis31 F$4411. RSF2 RES,DENT144 Sl& FAM t Nerving Florida Local Governments Since I9H8 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS to • IV 41. MI6 1 • • NWT HST .... :....„, . - , .. - 1 .......... C 1 -OkeeChobesc Asphalt • 41;11 .r_.. IP — tit — : ' : It -.ilk • .h .. ' ' • ..' ' " : . 7:1".*:. -L. ..t Ai NiS. • ., . -,0 01‘...,, #I•Zall 1111•14/ Serving Florida Local Governments Since 1988 10 NG BOARD - PAGE 3 OF 5 DISCUSSION - VOTE m n n ) CO c c c E ° .7` Q U O U S CO a c O T g ( O O = N O O) c O c t (7 a) 0 ( 7 0 U) -a - w a) N "v c 0) Z N o a) = Q N ca cu o W ° U $ c -C O w a) c CO c co 'O a) O •c O U= c Y ° N O > + •a 'a O 0 p 0 6 N' a) c a) G .._. as (B as "" J O O C c (6 t 'E N (D ur O N O °" -CI a O a) 7 UO 3N c t > °° ° u) O u m N ai L% c -d 4 N c C 'O a N ec 0 a >4 C j .>' C° 3 as ° (v (O -a a E as • c ° L -O LL c u u EL N OL() t ▪ a7 [2 N (6 O U C N_ F- •- `�) rn m m c 13 43 a r co a c m . °d N ° co = ° C m N O J O CO W > w O ca. ° ° w ° C= a i d(-.) O O 7 � CA 0 (D 'O 0) �. O O o 0 3 0 3 3 CD n. m 0 0 (D n n O c) 0 -o O m 0 Disclosure of Ex -Parte Communications by the Board. 5 J 5 Z7 E W 0 0co v • o 0 co N O 0 (D CD -.. 0. ° if:. 3 0 cn 3 7 0_ 3 0 3 D ➢ .-. 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U 0 0 0 0 = m J 3 `n c m > O O ca 0 ovF. c (DA 00.-0 c co {- C a) as 0 as o 3 t 0 N- 5 o a) N N > O c E c a) t- o p O 1 O � _ cii f5 E 5 a) LO N N O z (o V) 0 a) O — O � + 0 6 o ca c c a) W o m m m ~ O a n m 0' a) E O) N N N •X .c m 7 O ' p ° c c vi 0. w = m — 0_ d p ° p O m N ° C a) O c 0 m = Z o C a>s , 0 H 5-00 -° LT c a) a) °-c Eo °s w m a) •— ° ° ° 7 .N = a m a) ▪ a) a) — -0 a) o) >. -o E o Y .c c z a) o p 3 ° o o-0 m CU 0 -° N 0- p +�-' C 0 as a 0) as a) N L cK O o O co a) a) 3 _ O "0 CV a) 0 0 O c c y m 0 co -a a_ y) C N 0 _ a) c O a) O co O O o) m 0) 2ZMd 0 BAUGHMAN - ABSENT BATTON - YEA HOOVER - YEA MOTION CARRIED. O'BRIEN - YEA Q LLI w W MCCREARY - ABSENT JONASSAINT - YEA CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:21 P.M. a) E 0. O a) 0) 0 m J a) O ac) E -o a) E m O .N.. 0)) T m 0) a) m a) 0 -a a)) L 2� O a) Y 0 N a) O o L = i- c o V) O a) (6 .(6 0) U Q▪ ' There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:21 p.m. CLOSE PUBLIC HEARING — Chairperson. -O v ) u n c J E a ° m a`, rn (0 O C N N a) U v� o aa`o a) C Em t a) as .. °) m 0 o 6 O a) (a a t l>= 0_ O 0 O to Vi t' o L d 3 0 c o a c a CD E "') d . n Y . m ▪ -o 3 > c o CO m • m , a) co _ c a`- o. L a) e. cn .N-. a) a3 -O d m C O 207 C y ga, CD N m L ° 0 3 m j am.. v U N I Otm u"Ei aai ai o N ay.. a • c m as a 0 co co (= 'ca 3 -20:1 E a`"i 6- 'o 5 s o L : E (p er U a m h U ua 1 . v ._oc ( coi W Z O m c o C U (n m 2 , m N N a) Z E 33 -� o d ' Y m o t a�i 0La EL- n30 U) O R L Ly "00 a) 1- 0 a) >..� m m F- Qa.oa)E_cm Dawn T. Hoover, Chairperson > Patty M. Bumette, Secretary 1.r, iH' l Patty Burnette From: Patty Burnette Sent: Tuesday, June 28, 2016 4:14 PM To: 'bgent @lynchpaving.com'; 'Jackie' Cc: 'Steven L. Dobbs' Subject: Small Scale and Rezoning 16- 002 -SSA & 16 -002 -R Attachments: PB Minutes 061616.pdf Dear Bob: This email is to officially advise you that the Planning Board at its regular meeting on June 16, 2016, recommended approval to the City Council finding Application No. 16- 002 -SSA, consistent with the Comprehensive Plan changing the Future Land Use designation on Lots 1 to 6 of Block 27, Lots 11 to 16 of Block 28 with the portion of abandoned NW 10th Street and 7th Avenue from Public Facilities to Industrial; and Lots 11 to 16 of Block 39 and Lots 1 to 6 of Block 40 from Single Family to Industrial, all being in the Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 NW 9th Street. The Application will be forwarded to the City Council for consideration to adopt at a Final Public Hearing on July 19, 2016. In addition, the Planning Board recommended approval to the City Council for Petition No. 16- 002 -R, to rezone from Public Facilities to Industrial all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of abandoned NW 10th Street and NW 7th Avenue, Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 NW 9th Street. The Petition will be forwarded to the City Council for first reading on July 19, 2016 and a Final adoption Public Hearing on August 16, 2016. These dates are tentatively scheduled and are held in the Council Chambers, Rm 200 at 6:00 PM. Attached herewith please find a copy of the June 16, 2016 Planning Board /Board of Adjustment and Appeals minutes for your records. Should you require additional information please do not hesitate to contact me. Sincerely, Patty Patty M. &- rrt 4-e.71-te, CJ- eneraf Services Coordinator 1 City of Okeechobee 55 Southeast 3rc(Avenue Okeechobee, EL 34974 g eh 863 - 763-3372 ext. 218 Tax: 863 -763 -1686 e-mail: yburnette @cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 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J Q o m - U o 0 0 O Z -0 C o o = a) < 5 a CO irjrO o 5 ..-- o Z a) E �. v) O < C W •� 0) (� Q O 0 J n co Hear from Planning Staff. c O a) a) U o C ate) 0 O -O eL X_ I a) (0 Q 0) —c 0 0 m 0 N a7 L O 0- .. a) 7 _o N O 0 O U U C Y 0 O O -o o0 EL CL vi c a 0 < 0 E -ac O 2 > 4) Q) N (n O a) 0 C 0 2 7 N O O C c O c 0 O E v) 0 .� a) 0 2 c m c Q) E o w O U 0 U 0 o L Disclosure of Ex -Parte Communications by the Board. /ueaaJoas 'a}1awn8 •W / }fed m / uosJedJley3 lianooH '1 Lone° o CO co CD 0 - m @ i co CD » r- e- \ \ \/E 00= - 3 3n / ®ƒ \EE$ E C a 0 m 20 \z r j$ CD `§/ am \ m } {J \\25 °¢ \ - / ,em_±. 7� > _ o& o §a / /*2 6° _ zz\ a) E / . & $ Z�z ~® ƒ= 7� 2 &m £ �/§ $ / / {� \� /j/ {f -� ƒ\\ } \ 2 2 0 \ § & rn ®) »gn -= 2q /y? §!\/ 73 / / as . . v. - o. / � � /a2&= « 0 /(I /) J al z / $ / / Ga CO ) There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:21 p.m. there were any requests for amendments to the Land Development CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:21 P.M. V3JJ -1NIVSSVNO f 1N3SEIV • ANV3N301111 7 \ V3A • N31N8,O '0318NVO N0110(nf V3A•N3A00H f \ / V3A • NOl1V8 1N3S8Y • NVWHOnVB CO \ > 0 m Chairperson Hoover asked whether there was any further discussion. There was none. e »z/ 0 _ 2 »\§ =0 3.-m 236- 2 )/ CD o _ 0 J En \\ J7 \/ƒ\ Ro co o - Er< ƒ ƒ ®&� \ ƒƒ 0 \ 0 c a ET co c \ //\ X. Fps CO CD 0 co (D j0 /0 2\\\ \/ o co (0 / co 0 cu CD } \\ @ . � E HU Cr \m6- . eƒ%� . ƒ\( -I g5 0 0 01\ƒ \ » 0 / 310A • NOISSfIOSIO • NOIIOV JUNE 16, 2016 - PLANNING BOARD • PAGE 5 OF 5 01 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 16 -002 -R i! =' Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 500 NW 9th Street Okeechobee, FL 34972 Stephen L. Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Les al Description of Subject Property Parcel Identification Number: 3- 15- 37 -35- 0010- 00400 -0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE corner of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Re • uest The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45 -acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single - Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). Setcfnu F`1nridu 1U(JI U nnie nt.5 .Since tYMS Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Current Future Land Use, Zonin • and Existin • Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single- Family Residential (30 %) Public Facilities (70 %) PUB, Public Facilities (entire parcel) FDOT Maintenance Yard 6.45 acres Proposed Industrial IND, Industrial Materials storage 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Zoning District Existing Land Use Future Land Use Map Zoning District Existing Land Use Future Land Use Map Zoning District Existing Land Use Future Land Use Map Zoning District: Existing Land Use Classification Classification Classification Classification Multi - Family RMF Vacant Multi - Family & Industrial RMF & IND Vacant Industrial IND Industrial (Okeechobee Asphalt) Single- Family & Multi - Family RSF1 & RMF One single - family home balance is vacant Anal sis 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. ',t1 Og 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single - Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 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 under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16- 002 -SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. '1 11oen1 Got mnent, Since 1088 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 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 was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single - family use adjacent to the extreme southwest corner of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 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. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi - family development. Rather, this development was a victim of the housing bust associated with the "Great Recession ". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. St, n;; (lurid, Iueal GueammelU, ,Sine, 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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 property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90 -454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The 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 intensity of the proposed use has been described in both this and the Staff Report for 16- 002 -SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Se ring 11.1td.t I (;ucemntrnt, S{n.e 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "As there are currently no plans to construct additional facilities on 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 91h Street ROW there is no plan to change existing drainage patterns, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (i.e., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16- 002 -SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the sane as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. 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. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested ,rich local Gmvrnnrnt.s tiinu 1988 6 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 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. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs 10 9 8 7 _6 5 4 3 2 1 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R 17 81910 111 f2 6 5 4 3 2 1 41 7 8910 II 6 5 4 3 12 1 N.W. 8TH AVENUE COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY j MULT!- FAMILY - COMMERCIAL ▪ INDUSTRIAL 171 PUBLIC FACILITIES RESIDENTIAL MIXED USE FUTURE LAND USE SUBJECT SITE AND ENVIRONS 7 18 19 20 21 22 23 24 25 2 27 Subject 2 40 4 5 11 12 13 14 15 16 11 12 13 1.1 15 1 2 N.W. 9th Street 11 • 12 i 10 9 8 7 6 1 / 18 19 20 21 22 23 24 25 2Q f W D z W. 1- in Z 10 9 8 7 6 5 4 3 2 1 1.1 39 17 18 19 20 21 22 23 24 25 26 14 ▪ nin■ FI ida Local Governments Since 1988 ZONING SUBJECT SITE AND ENVIRONS w S 1— z Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16 -002 -R N W 9 TH AVENUE 7 8 9 10 1111 12 6 ., 2 27 6 Subject 40 12 13 14 11 12 13 N.W. 9th Street ZONING - CBD - COMM BUSINESS DISTRICT CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFC'_ //j H•HOLDING I80 - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD-R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY t2 11 88 t9 23 21 22 23 24 25 26 17 18 19 20 21 22 23 24 25 26 •1 12 10 4 8 7 6 6 4 3 2 1 1 S I 13 i n -, V 22 23 24 z 26 r 8 13 .D 21 - Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florid Local Governments Since 198 10 ADEPENDENT NEWSMEDIA INC. USA Okeech�Z 107 SW 17t Okeechobee, 863 -763 • •• • 1 / �` # RpccF r. Q y � JUN eNews 1, 20/5 ieet, Suite D o Ida 34974 `� 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 �� OAA-rte_12..J 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 c5-4 ; 6/2 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 Count; 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 advertiseme it for publication in he said newspaper. -6- -1 Katrina Elsken Sworn to and ubscribed befo 'e me this (.t-day of :.A-(it AD Notary Public, State of Florida at Large 1jpYPU,,, ANGIE BRIDGES r*, °* MY COMMISSION # FF 976149 `:a; EXPIRES: Apol20, 2020 ,to ',Ps. Bonded ltuu Notary Public Undetwritsrs PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS. HEREBY, GIVEN that a,QUASI3UDICIAL PUBLIC HEAR- ING will be held beforethe Cdy of Okeechobee Planning Board on Thur 3une 16,-2016, 6 PM, or as soon thereafter as pondb e, at Oty,Hall, -55 SEE 3rdAVE, Counal Chambers, 'tin 200, Okeechobee, 11, to consider and re- ketveInput on Rezonng Petition No. 16-002 -R, submfited,by property own- er, Mr. Robert-Gent ( Registered Agent) Okeechobee Asphalt & Ready Maed m Coet, Inc The pubtc.Is encouraged to attend:. Petition No. 16-002 -R. requests to rezone property y looted panto :55000e'dNW 9th Use Is a ama ntenance ya Fa(degal: Alt of Bloch 27Industrial and 40; Lots 11 to 16 of Block 25; Lots 11 to 16 of Btodc 39• together-with t a portion of NW 10th ST (f /k /a if 16th 51) and Noy 7th AVE (f /k a Okeechobee AVE) lying between Blocks 27 40, Lots 11 to-16 of Blodcs2B -and 39, all according to the Plat of Okeedrobee, Recorded in Plat Book 2, Page 17 Public Records of St. Lukde County, and Plat -Book 5, Page 5, Public Records of Okeechobee County, Florida, and .is ap- proximately 6.5 akzes. The petition may be Inspected' at the. address above -during•regularbusines hours, Mon -Fi, B AM-4:30.PM, -except for holidays.' A Public Hearing Inc a rezoning petition Is handled as a'Quasl Jud car pro: reeding, meaning a manner similar to a court,' headrig testimony and Clues- Boning :presenters who :provide substantial and competent' evidence. R.Is the duty of the Planning Board to anive at sound deasions. A recommenda- tion to appmve-or.deny will be forwarded to the OtyCoundl, tentatively scheduled on duty 19, 2016 (First Buffing) and final adoption Public Hear- ing on August 16; 2016,6 PM. . ANY PERSON - DECIDING TO APPEAL any decision. made tithe Planning Board with respect to any matter considered at this meeting wilt need to en- sure a: verbatim;recorid of the proceeding Is made and the record indkides the testimony,and evidence upon which the appeat wil be based. In aaur- dance.with :the Americans with Disabilities Ad (A�DA), any person with a disability as defined by Inc ADA, that needs soedal aaammodatlan to par - tldpate In this. proceeding, contact Inc Genera ll 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 agendl�a, a coppey of thedoc ument, ptc�rerert , video, or or iteem must beleppru tdeed to the Board Seaetary for the City's remkds. BY: Zoning Administrator Marcos MontesDe0ca, Petition No. 16-002-R 976302 ON 5/29;6/8/2016 no-c02.42. Piile& Patty Burnette From: Patty Burnette Sent: Friday, June 10, 2016 12:33 PM To: jpalmer@lynchpaving.com'; `Steven L. Dobbs` Subject: PB /BOA Meeting June 16, 2016 Attachments: Agenda June 2016.pdf; 16 002 -R Okeechobee Asphalt.pdf; 16 002 SSA Okeechobee Asphalt.pdf Hi Jackie and Steve, Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering the following on Thursday, June 16, 2016 at 6 :00 p.m., or as soon thereafter as possible, in the City Council Chambers: • Application No. 16 -002 -SSA Comprehensive Plan Future Land Use Map change from Single Family and Public Facilities to Industrial for all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue, Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 Northwest 9th Street. • Rezoning Petition No.16 -002 -R to rezone from Public Facilities to Industrial for all of Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue Town of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 6.5 acres, located at 500 Northwest 9th Street. The proposed use is a maintenance yard. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you. or a representative; cannot attend this meeting please let me know. Jackie ....please make sure Bob receives this information as his email information wasn't listed on the application. Thank you. Patty Jt 'ie 19, 20 1.5 Okeechobee News 3 Lake Okeechobee watershed project explained By Charles M. Murphy Okeechobee News South Florida water managers this month approved two cattle leases on property in Glades County that could one day be a part of the Lake Okeechobee watershed project. The three -year study, which will start in July, will identify water storage and treat- ment features around Lake Okeechobee to better manage Lake Okeechobee water levels, reduce undesirable freshwater dis- charges to the Caloosahatchee and St. Lu- cie estuaries, improve environmental water quality and provide operational flexibility throughout the season. Matt Morrison, Bureau Chief over Ever- glades Policy and Coordination, presented the study to the SFWMD Governing Board at their June 9 meeting in Ft. Myers. "These are the next set of projects that will help us rnove forward," he explained. He explained that 200,000 acre feet of storage could be identified north of Lake Okeechobee. The new legacy Florida bill might be one tool that provides funding for the purchase of land. The U.S. Army Corps of Engineers and Congress would also have to authorize new projects eventually. An acre foot means the depth of water multiplied by the number of acres. For ex- ample 20 acres, with 20 feet of water, would be 400 acre feet. Mr. Morrison said storage north of the lake is clearly needed. "It is pretty clear in order to meet the goals and objectives for the natural system, without storage north of the lake, you run the risk of delivering water south and not having water available to keep the lake lev- els where they need to be for lake ecology and environmental reasons," he said. The study will also determine how touch water is needed to maintain agriculture, public and industrial water uses that the lake provides during extreme dry periods. Every effort will be made to use exist- ing state -owned and federally owned lands along the Kissimmee River or around the lake. The counties that could be impacted include SL Lucie, Martin, Okeechobee, Os- ceola, Highlands and Glades counties. The watershed involves Fisheating Creek basin, Nubbin Slough, Taylor Creek and the Kis- simmee River, Istokpoga and Indian Prairie basin. "The next logical sequence for storage is north of the lake," Mr. Morrison added. Three scoping meetings are tentatively expected to take place between July 25 -27 M Martin, Okeechobee, and Lee counties. Locations have not been finalized. He explained 200,000 acre feet of water is redirected south annually. He said that puts the district on the 'brink' of what he calls a water supply bust. "We push the envelope on the environ- mental issues, sending more water south would have meant low lake levels in Lake Okeechobee and significant issues with wa- ter supply," he said. Another aspect of the study is Aquifer and Storage Recovery Wells or ASR. This would pump water into the aquifer. He said these wells can be placed in res- ervoirs, canals and also in district right of ways. He said tributaries that drain into the lake are obvious candidates for them. He argues they would complement the nutri- ent load reduction requirements needed to clean up the water. It would also improve the district's ability to better manage water levels. Governing Board member Melanie Pe- terson said the district owns a lot of land north of Lake Okeechobee already that can be used for storage. She said the district should clean the water before it enters Lake Okeechobee. She also encouraged the dis- trict to store more water in the upper Kissim- mee basin when needed. The ASR wells allow the district to store water in times of high water levels which is not subject to evaporation. They can then re- cover it three to five years later. A feasibility study suggested 140 ASR storage wells with 80 around Lake Okeechobee. "It is really a technology that we will continue to pursue," Mr. Morrison said. "It doesn't require large tracts of land, and it shows there is an improvement in water quality in the water that is recovered." Mr. Morrison said public water suppliers have used these wells successfully across Florida. Governing board member James Moran said the wells are not the silver bullet to this process. "They are one fact," he said. "1 question Planners recommend zoning change on By Charles M. Murphy Okeechobee News The city planning board voted to recom- mend a 6.5 -acre tract be rezoned for indus- trial use on Northwest Ninth Avenue, Thurs- day. Okeechobee Asphalt and Ready Mix Con- crete requested a change from the current zoning of single family and public facilities. "They're basically going to use it as a ma- terial storage yard," engineer Steve Dobbs said. The company will continue to use it for storage of materials and equipment. He said the company needs the room for storage. City senior planner Bill Brisson said the property had been in public use for at least \Roofing with the name you trust! ROOFING REP IRS Residential Commercial Licensed and Insured St. Lie. CCC046939 Don't make a Mistake! Call Big Lake 863-763-ROOF (7663) 10 years. He said the public facility zoning wasn't smart and the parcels on each side were zoned single family. He said the city rnust consider the best use of the property, not necessarily what the applicant pro- posed. "It is a reasonably appropriate place for industrial," he said. He said the size of the property can pro- vide buffer and screens for nearby property. City code provides for 40 feet of buffer to the east. He said if the future land use is changed, the zoning must also be changed. Mr. Brisson also considered the maxi- mum development potential of the site and minimized the traffic impacts. Always on Top of the Job" LiUVIANfO Re- Roofing Specialists • Metal & Shingle Roofs • Flats & Leaks Repair FREE ESTIMATES Slate Itc.M0001327331 863-357-3838 "There are no environmentally sensitive sites on the property. We do believe the use is reasonably compatible with the surround- ing uses," he added. He recommended approval of the proj- ect. The company purchased the former Flor- ida Department of Transportation work yard after the state put it up for competitive bid. The company plans to rezone three single family lots closer to Northwest Ninth Avenue. Planning board member Karyne Brass said she was not concerned with the vol- ume of traffic but the awareness of drivers that enter the property. Cancer Care €3 Chemo Center Vaseem Akhtar, M.D. National cancer institute publishes chemo protocals, that are used all over the world, then why drive several hours to receive chemotherapy, if you can receive same treatment locally, with insurance coverage. 1713 Hwy 441 North • Suite J Okeechobee, FL 34972 863.467.9000 the cost effectiveness. Florida taxpayers are paying their share. I want to make sure their interests are protected." Chairman Kevin Powers challenged the district staff to quicken the study and have it done in two rather than three years. "Time is an abused resource," he said. "We sit here today with the estuaries bear- ing the brunt of the releases." Former Pahokee Mayor J.P Sasser said 65 percent of the nutrients that enter the estuar- ies are from local runoff and only 3 percent of the water in Lake Okeechobee comes from south of the lake. He said 750,000 acre feet of storage is needed north of the lake, most of it on state or publicly owned land. He suggested septic tanks and sewage are causing most of the damage to the estuar- ies. Former Lee County Commissioner Ray Judah said 100,000 acre feet north of the lake would help. He said 1 million acre feet south of the lake are needed. The cattle leases approved affect the C -2 Ranch and the Storey Ranch near Paradise Run in Glades County. The lease terms of 10 years have run out. Each lease was ex- tended for three years. Some 895 acres will be leased from the C -2 Ranch for a rent of $56,995. Some 559 acres will be leased from the Storey Ranch for $35,575. The annual lease rate is determined by a new formula that takes into account cattle street prices and other factors. Ninth Ave. "11 is at a snail's pace. Is there anything we can do to address access ?" she asked. She said the access road could be wid- ened to improve access. "It is not easy. Those trucks don't turn 00 a dime," she said. The Okeechobee City Council will vote on the proposal on July 19 and Aug. 16. The property address is 500 N.W. Ninth Ave. The board votes were unanimous, (7 -0). The property includes blocks 27 and 40, lots 11 -16 of blocks 28 and 39, and a portion of Northwest 10th Street and Northwest Sev- enth Avenue. Beal rwameu 7/xnn #nr . 111 For Info, Call * * -i * * ' 763.7202 Fri., June 17" - Thurs., June 23 "n MOVIE TICKETS " Adults $7.50 62011 Children 12 & under 86.00 Senior Citizens $6.00 Matinees $5.50 tl U1 1111 I: "TEENAGE MUTANT NINA TURTLES 2" Fri 7:00 F. 9:00. Sat.. Sun. Tues. Wed. 6 ThurS 2:00.4:15. 7:00 & 9:00. 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