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2017-01-19
CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3R0 AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR JANUARY 19, 2017 AGENDA . CALL TO ORDER — Chairperson. Regular Meeting, January 19, 2017, 6:00 P.M. 11. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette 111. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON — Attorney Cook. A. 1. Open the floor to receive nominations for a chairperson to serve a two -year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Chairperson. b) Vote on motion. PAGE 1 OF 5 ACTION - DISCUSSION - VOTE Chairperson Hoover passed the gavel to Attorney Cook to serve as Chairperson until the election of a Chairperson and Vice Chairperson is conducted. He called the January 19, 2017, regular meeting to order at 6:00 P.M. and led the Pledge of Allegiance. Board Secretary Burnette called the roll: Present (seated to the left of Attorney Cook) Present Present Present Present Absent (with consent) Present Present (serving as voting member) Present Present (seated in the center chair on the dais normally occupied by the Chairperson) Present Present Attorney Cook opened the floor to receive nominations for Chairperson. Members McCoy and Baughman nominated Dawn Hoover to continue to serve as Chairperson. No other nominations were offered. Attorney Cook closed the floor for nominations. Member Baughman made a motion to appoint Member Hoover to serve as Chairperson for a two year term, beginning January 19, 2017; seconded by Member Keefe. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT - ABSENT MCCREARY - YEA KEEFE - YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - NIA MOTION CARRIED. 109 110 JANUARY 19, 201 — PLANNING BOARD - PAGE 2 OF 5 AGENDA ACTION - DISCUSSION - VOTE III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONTINUED. B. 1. Open the floor to receive nominations for a Vice Chairperson to serve a two -year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Vice Chairperson. b) Vote on motion. IV. AGENDA — Chairperson. A. Requests for the addition deferral or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the December 15, 2016, regular meeting. VI. OPEN PUBLIC HEARING — Chairperson. A. Comprehensive Plan Future Land Use Map Amendment Application No. 17- 001 -SSA, from Commercial to Industrial, 1.07± acres, 120 SW 7th Avenue (Exhibit 1). 1. Review Planning Staff Report — recommending approval. Attorney Cook opened the floor to receive nominations for Vice Chairperson. Members Brass and McCreary nominated Doug McCoy to continue to serve as Vice Chairperson. No other nominations were offered. Attorney Cook closed the floor for nominations. Member Hoover made a motion to appoint Member McCoy to serve as Vice Chairperson for a two year term, beginning January 19, 2017; seconded by Member Keefe. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT - ABSENT MCCREARY - YEA KEEFE - YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - N/A MOTION CARRIED. Attorney Cook then stood congratulating Mrs. Hoover and offered her the center chair. Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the December 15, 2016, regular meeting; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA JONASSAINT - ABSENT MCCREARY - YEA KEEFE - YEA BAUGHMAN - YEA BRASS - YEA O'BRIEN - N/A MOTION CARRIED. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17- 001 -SSA, is being requested by the applicant, Mr. Neal Markus, Director of Loumax Development, Inc. to change the classification from Commercial (C) to Industrial (I) on approximately 1.07 unplatted acres located at 120 Southwest 7th Avenue. Planner Brisson reviewed the Planning Staff Report and explained the application is subject to a concurrent rezoning petition, from Central Business District (CBD) to Industrial (IND). The previous use was a nightclub, and the applicant intends to use it for raw materials storage. AGENDA VI. PUBLIC HEARING Continued. A. 1. Review Planning Staff Report — recommending approval Comprehensive Plan Future Land Use Map Amendment Application No. 17 -001 -SSA continued. 2. Hear from the Property Owner or designee /agent — Neal Markus, Director of Loumax Development, Inc. /Steven L. Dobbs as Agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the application. b) Board discussion. c) Vote on motion. JANUARY 19, 2017 - PLANNING BOARD - PAGE 3 of 5 111 ACTION - DISCUSSION - VOTE While Planning Staff originally recommended approval, Mr. Brisson explained he needed to make a recommendation against approval based on the fact that approving the FLUM and Rezoning to IND, would create a nonconforming use due to setbacks. In the CBD zoning district there are no setbacks although in IND there are. One should not take a property that has existing structures built to another zoning districts' standards and rezone it to one with stricter standards. The building is there and we cannot create a nonconformity. Mr. Steve Dobbs, P.E. with SLD Engineering, was present on behalf of the applicant, and stated he was just made aware of the change in recommendation and hasn't had time to go over this information with his client. A variance petition was submitted on December 15, 2016. He offered that his client would only be storing materials there; no manufacturing would be taking place. Chairperson Hoover opened the floor to receive public comment. Mrs. Wanda Morgan, 1129 Southwest 39th Lane, Okeechobee, Florida, owner of Morgan's Furniture Store, located North of the subject property, spoke against the proposed amendment as she was concerned with the potential impact of storing flammable materials behind her furniture store. In addition to the potential noise and extra traffic one would expect with a manufacturing business, she also expressed concern for disrupting the residential neighbors surrounding the area and believed this would hurt their business livelihood. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application or whether they visited the site. There were none stated. Discussion ensued with Planner Brisson. Member Baughman offered since Mr. Dobbs was only recently made aware of the change in the recommendation and has not had time to talk to his client, he would rather see the Board table the application to give them time to review this new information. Motion and a second offered by Members Baughman and McCoy to table Comprehensive Plan Future Land Use Map Amendment Application No. 17- 001 -SSA. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - NAY JONASSAINT - ABSENT MCCREARY - NAY KEEFE - YEA O'BRIEN - NIA MOTION CARRIED. (Clarification: Although a motion to table was used to word the action above, the intent by the Board was to postpone the matter to a future meeting.) 112 VI. PUBLIC HEARING CONTINUED. QUASI JUDICIAL ITEM: B. Rezoning Petition No. 17- 001 -R, from Central Business District to Industrial, 1.07± acres, 120 SW 7th Avenue, proposed use is to utilize the existing structures as industrial space for storage and production of Loumax products (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16- 005 -SE will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending approval with special conditions. 3. Hear from the Property Owner or designee /agent — Neal Markus, Director of Loumax Development, Inc. /Steven L. Dobbs as Agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny the petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. JANUARY 19, 2017 — PLANNING BOARD - PAGE 4 OF 5 Rezoning Petition No. 17- 001 -R, is being requested by the applicant, Mr. Neal Markus, Director of Loumax Development, Inc.to rezone from Central Business District to Industrial on approximately 1.07 unplatted acres located at 120 Southwest 7th Avenue. This being a quasi - judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Steve Dobbs, P.E. with SLD Engineering, 1062 Jakes Way, Okeechobee Florida. Planner Brisson reviewed the Planning Staff Report stating the applicant, Mr. Neal Markus was requesting to change the zoning to IND from CBD and for the same reasons stated for the previous application for the requested FLUM change Planner Brisson is reconsidering his recommendation for approval and now making a recommendation for denial based on the fact that by approving the FLUM and rezoning to IND this would create a nonconformity due to setbacks. The only zoning category that would be consistent with the Industrial Future Land Use designation is IND. Chairperson Hoover asked whether the property owner or designee /agent had any further comments. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs. Morgan noted in her comments to the Board during item A.3. that she was opposed to the zoning petition as well. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Motion and a second offered by Members Baughman and McCoy to table Petition No. 17- 001 -R. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - NAY JONASSAINT - ABSENT MCCREARY - NAY KEEFE - YEA O'BRIEN - N/A MOTION CARRIED. (Clarification: Although a motion to table was used to word the action above, the intent by the Board was to postpone the matter to a future meeting.) CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:35 P.M. AGENDA VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. J(j tL i G�- Dawn T. Hoover, Chairperson ATTEST: di5iv exiAiv-tt Patty M. Bumette, Secretary JANUARY 19, 2017 — PLANNING BOARD - PAGE 5 OF 5 113 ACTION - DISCUSSION - VOTE There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:35 p.m. Notation: Email was received January 26, 2017 from Mr. Dobbs advising his client was withdrawing FLUM Application No. 17- 001 -SSA and Rezoning Petition No. 17- 001 -R. tko 44120fl4 Page 1 of City of Okeechobee Planning Board City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes January 19, 2017 t0 I. Call To Order - &ha+r�er§en: Pdtb ° called the January 19, 2017, Regular Meeting to order at 11. Chairperson, Board Member Staff Attendance - Secretary. 6 °00 p.m. Led— Pie (1. ' ()If III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON - Attorney Cook. A. 1. Open the floor to receive nominations for a Chairperson to serve a two -year term. lilehlkff S /VCOor- &Ultima, bow nomlha c 2. Close the floor for nominations. Morrell No k, to 5�� -Flo n 3. a) Motion to appoint one of the nominees to serve as Chairperson. Board Member Eallhmar, made a motion to appoint M tyik Fl 'e'r to serve as Chairperson for a two year term, beginning January 19, 2017; seconded by Board Member k e 4e. b) Discussion. /one c-tc- PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy ✓ Board Member Batton Board Member Baughman Board Member Brass V' Board Member Jonassaint Board Member McCreary ✓ Alternate Board Member Keefe ✓ Alternate Board Member O'Brien V. Planning Consultant Brisson, Senior Planner V. Board Attorney Cook Board Secretary Burnette Z III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON - Attorney Cook. A. 1. Open the floor to receive nominations for a Chairperson to serve a two -year term. lilehlkff S /VCOor- &Ultima, bow nomlha c 2. Close the floor for nominations. Morrell No k, to 5�� -Flo n 3. a) Motion to appoint one of the nominees to serve as Chairperson. Board Member Eallhmar, made a motion to appoint M tyik Fl 'e'r to serve as Chairperson for a two year term, beginning January 19, 2017; seconded by Board Member k e 4e. b) Discussion. /one c-tc- --11 11'4 Page3of id III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONTINUED. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON / BAUGHMAN V BRASS 1,7 JONASSAINT / ✓ McCREARY / �✓ KEEFE O'BRIEN `/ RFS11I TS. 6RRIFD� DFNIFD IV. Agenda - Chairperson. A. Chair I-100V2 asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Non t. V. Minutes - Secretary. A. Board Member 1:3 E moved to dispense with the reading and approve the Summary of Board Action for the Decemberl5 2016, regular meeting; seconded by Board Member NQ Ooy Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN V BRASS 1,7 JONASSAINT / ✓ McCREARY / �✓ KEEFE O'BRIEN `/ RFSIJI TS. CARRIFD } DFNIFD - 441.49tt4 Page 4 of VI. CHAIR fig'/ OPENED THE PUBLIC HEARING AT Co :6)'5 P.M. A. Comprehensive Plan Future Land Use Map Amendment Application No. 17 -001 -SSA, from Commercial to Industrial, 1.07± acres, 120 SW 7th Avenue (Exhibit 1). 1 . Review Planning Staff Report - recommending approval. Ireakr stitar l ( inaush .'l B II BrIs.S6rz — 016e -- + %P' Zero Sep bC C fC e N0yl dt� lc o n u� 51ek Y c ttYS Wi' p Kcro 5ont-EaS� 0Onso t o r cup nen knoua Oha: t c LA)! tt % 4,/1rG •s noYlCe)rlu ✓rn .4-1J wrom .() aiatitsf- Unlit-se Olt hid + CLYtd has `zG-Y��riG no✓�Con° `1 -I'LQ re are, C o t�{`' n J s tn� , ar �aS CO on ��"►�'�j -fro a. • I IBS e5 (,J� r e f'� -�—� �QS n+. +enckCI ' r�cat p-e�n s c� � tktire C 6 Z °✓ttn re C (OSP r 4r�. -me. • no,�Ie ✓� AND � v ✓� �'�� p�s�t . �� aeftacks Ea c am' D-P Ian n +n 4-6 a. re C - Si� rod' Coo- no n e Coyrn c 101e, I i ci u-.CCY �f 100_t . S roy., Ccud w b1cCe-- to 9e,10 ti:vticoote06it 119 Page 5 of VI. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee /agent - Neal Markus, Director of Loumax Development, Inc. /Steven L. Dobbs as Agent. IOto 36 s - Sieve Lo bh5 peDblem cam►, VaViarie,2,PLiccvlo- k S4'or1o9 IV-LC-0\/ — CAS Ks ��r,.�.� -- c.� he-F- I� r aPP y 004" axcha� d ID( yam'. rak ..\(\6, Cr(' zros °l ccLr,S ae.becrq shxec- e- o` 6Ft n - Co o Vincad for C 1 bxrd s VI. PUBLIC HEARING ITEM CONTINUED. �,nv�- rc.roil Sk2vt iv LS C te4 s_Stnet to 0(1 a/01.�' (< F ,'ofectk 1V1° —1 i2'urrrPage 6 of 1‘ tts our a_ r i-Ia-ul -( 0t) yr i ` f e a ; S, c,t_ e_! l4I2Ott 'Page 7 of VI. PUBLIC HEARING ITEM CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. WQIrLd k. o I l z StA 3qtLa-d o ke c ham.. I row LsS since lq? 3 �S rn© /st- -HHew 4,!01e_ ina -�a s befit S�vY ow. �� nd. 411.t r s '�'� G,h . I t v i i hoot( QS W2((- t /cod Ow NW 0 XP 6:1% -S" v ''\ 4. Disclosure of Ex -Parte Communications by the Board. Jfi� ''` �C` �,' 4,\L- .-N1/4\v` L� �� i1 -- i's/b ,��.e.' p�� 5 �� �s '� ��c c 0' 0 k.` k^' �-0' �- e, k &S A kw 0. �k �A�q� , �e �� c av� \0`� so e 0 Ao. 00 \s_e, (QC: c, Q v./ oi5 P ccO'v 1/21'(\ k°,\3,/ Q(})CA01413.kpb( \\'‘(W-‘4\.' % ,o- �, 4\1(?:\St e j 3( ./NAk \20 0 (Q) 6, \\\c, e \, v- kio, e ap A.! \A) x- VI. PUBLIC HEARING ITEM CONTINUED. 5. a) Consideration of a recommendation to the City Council to approve or deny application with /without special conditions. 9p hv' IAn(� - °1 Motion and a second offered by and to recommend approval /denial to the City Council for Comprehensive Plan Future Land Use Map Amendment Application No. 17- 001 -SSA, from Commercial to Industrial, 1.07± acres, 120 SW 7th Avenue with /without the following special conditions: b) Board discussion. Kier r d-LSe X151 -Y1 c) Vote on motion. Ti\ (2-crept-so--1 ci9aL,K*4 4120?r- Page8of 71, VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS ✓ JONASSAINT McCREARY ✓ KEEFE O'BRIEN ✓ RFSl1LTS• CARRIFD DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively February,(21, 2017, 6 pm. QUASI- JUDICIAL ITEM B. Rezoning Petition No. 17- 001 -R, from Commercial Business District to Industrial, 1.07± acres, 120 SW 7th Avenue, proposed use is to utilize the existing structures as industrial space for storage and production of Loumax products (Exhibit 2). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. rt)rttl gCjuL, D b b5 ) 0190 .ia Ke3 U0aAl 114PMd Page 9 of )a VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 2. Review Planning Staff Report - recommending approval. corn was i ` I , be eCQ. Ly 0-F uQ.rro, pit t/t O x.s r .3 D r1s sta.-led `(U'r SSA jl fce recorY?Cy12d'rtii rq dui\i Q a rit La,vci cksl-e .l11241l4 Page 10 of 'a VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or designee /agent - Neal Markus, Director of Loumax Development, Inc. /Steven L. Dobbs as Agent. 044\ not 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 1\.Orti2 u r 444264* Page 11 of VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Motion and a second offered by JJ and to recommend approval /denial to the City Council for Rezoning Petition No. 17- 001 -R, from Commercial Business District to Industrial, 1.07± acres, 120 SW 7m Avenue, proposed use is to utilize the existing structures as industrial space for storage and production of Loumax products. b) Board discussion. 6n12_ fltr c) Vote on motion. 4/z tikcCrl`ry VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER 1/ McCOY li BATTON V1 BAUGHMAN BRASS JONASSAINT McCREARY KEEFE t/ O'BRIEN RFS11I TS. CARRIFD ) DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively March 7, 2017, 6 pm. r 'CLOSED CHAIR ,f CLOSED THE PUBLIC HEARING AT -5 P.M. \g5 0\\\ \)C\ &QI Nkc OY/ G-� VII. ADJOURN - Chairperson. ;\- 144914* Page 12 of Patty Burnette From: Sent: To: Subject: Mac L Jonassaint <mjonassaint @aol.com> Tuesday, January 17, 2017 4:15 PM Patty Burnette Re: Planning Board Meeting Thursday, January 19, 2017 Hello, I will not be able to attend. Sent from my iPhone On Jan 17, 2017, at 2:52 PM, Patty Burnette < pburnette @cityofokeechobee.com> wrote: Good Afternoon. Please confirm whether you will be in attendance at this meeting. Thank you, Patty <image003.png> Pafty M. 6wv -vLe f{er Genera(Services Coordinator City of Okeechobee 55 Southeast 3rd ilvenue Okeechobee, TL 34974 Teb 863-763 -3372 ext. 218 Fax: 863 -763 -1686 e -maib yburnette @cityofoIeechobee.com website: www.cityofokeecfiobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Planning Board /Board of Adjustment and Appeals Meeting January 19, 2017 Name Address 1DEPENDENT NEWSMEDIA INC. USA eti „• Okeechob e ews1 4/ 107 SW 17th St idt Suite D ' Okeechobee, FlO .c 34974 863 -763 -3134, ),‘ • • STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a /tz' , . (1Lep, 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 / 3 /--)-0 ( Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and s bscribed b ore me this day ofiLcc.Q1, () ( / AD Notary Public, State of Florida at Large ./ CL- /DA (r/ Katrina Elsken `J PUBLIC NOTICE CITY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board will conduct a regular meeting on Thur Ian. 19; 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL As the Local Planning Agency, the Planning Board may consider offering a recommendation on any proposed amendments to the current Land Development Regulations submitted by City Staff, Board Members, or citizens. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the General Servic- es Office, 863 -763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record indudes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs spedal accommodation to partidpate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the PB In support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be pro- vided to the Board Secretary for the City's records. By: Chairperson Dawn Hoover 478995 ON 1/13/2017 DEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 - 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a , 4,I 44J !}1_ mac& 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 1h) t(/ I7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 2.74 Sworn to and su scribed b 11 day of ore me this Notary Public, State of Florida at Large - . , "�Y ?U ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Ap11120,2020 •i0 • Bonded "Wu Notary Public Undelm0s lte Katrina Elsken DA ] AD PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE LS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the City of Okeediobee Planning Board, as the Local Planning Agency, on Thur., Ianuary 19, 2017, 6 PM, or as soon thereafter as possible, at City Hail, 55 SE 3rd AVE,.Coundl Chambers; Rm 200, Okeedrobee, FL, to and Comprehensive Future Map Amenment ApplIcatln.NO.7- 001 -SSA, submitted by Mr. Steven L Dobbs as Agent and Mr. Neal Markus, Director of Lournax Development, Inc, on behalf of the property owner El Oelo Azut Night Club, Inc The pub- lic Is encouraged to attend. Application on from NCommerdal (C) to Industrial ((IND) for Future proximately 107un- platted aces located at ] 0 SW 71h Avenue. - , Legal: (PARCEL A) A PARCEL OF LAND,. BEING PARCELS 1 -5,- AS SHOWN ON EXHIBIT -`D' PLAN-OF TOTS - RECORDED IN' OR-BOOK 243, PAGES 1968 -1974, OF THE PUBLTE RECORDS OF OKEECHO- BEE COUNTY FL, LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EST, OKEECHOBEE FL,, AND BEING A PORTION OF PAGE 640 OF THE THOSE LANDS RECORDED IN OR BOOK PUBLIC RECORDS 0 OKEECHOBEE COUNTY; FL, SAID PARCEL BE ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENC- ING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT-OF-WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK N0.5; THENCE SOUTH 07 01325' FAST ALONG 5 81 FT O.mEEEPOINT OF EGINN NG Of THE HEREIN DE- SCRIBED PARCEL, SAID POINT BEING THE NW CORNER OF SAID PARCEL 1; THENCE SOUTH 89 °5624' EAST ALONG THE NORTH LINE OF 5AID PARCELS 1 -5 A DISTANCE OF 196.46 FT TO A COR- NER OF SAID PARCEL 5; THENCE SOUTH 00°0336' WEST, ALONG THE EAST LINE OF SAID PARCEL 5 A DISTANCE OF 15.00 FT 0 A CORNER OF. SAID PARCEL 5• THENCE SOUTH 89 °56'24- EAST, ALONG A NORTH LINE OF SAID PARCEL 5 A DISTANCE OF 41.9 FT TO A NE CORNER OF SAID PARCEL 5; THENCE SOUTH 00 °0833' EAST ALONG THE EASTiINE OF SAID 5; THENCE AND ALONG THE WEST RIGHT -OF -WAY LINE OF SW 7111 AVE, A DISTANCE OF 169.06 FT 0 THE SE CORNER OF SAID PARCEL 5; THENCE SOUTH 89 °4725' WEST, ALONG THE SOUTH LINES OF SAID PARCELS 1 -5, A DISTANCE OF 215.31 FT TO THE SW CORNER OF SAID PARCEL 1; THENCE NORTH 07 °13'25' WEST ALONG THE WEST LINE OF SAID PARCEL 1,.A DISTANCE OF 186.57 FT TO THE -POINT OF BEGIN- NING. PARCEL CONTAINS 0.95 ACRES, MORE OR LESS, BY CALCU- LATION OF-THIS DESCRIPTION; TOGETHER W11H (PARCEL B) A PARCEL OF LAND, LYING IN SECTION 21, TOWN- SHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM- MENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT -OF -WAY LINE OF THE F.E.C. FORMER EAST TEAM TRACK N0. 5; THENCE SOUTH 07 °13'25' EAST ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 115.81 FT TO THE NW CORNER•OF PARCEL 1, AS SHOWN ON EXHIBLT`D'. PLAN OF LOTS RECORDED IN OR BOOK 243, PAGES 1968 -1974, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL; THENCE NORTH 89 °56'24' WEST ALONG THE WESTERLY EC- TENSION .OF THE NORTHERLY LINE OF SAID PARCEL 1, A DIS- TANCE OF 29 FT 70 A POINT ON THE WEST. RIGHT-OF-WAY LINE OF THE F E FORMER EAST TEAM TRACK NO. 5 SAID POINT BEIN6 THE P01NT -OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 07 °12'09' EAST ALONG SAID WEST RIGHT - OF-WAY LINE, A DISTANCE OF 257.23 FT 0 A POINT ON TILE OF SWW2110 ST; THENCE SOUTH 89°4 A 7'25 WEST ALONG SAID WESTERLY EXTENSION, A DISTANCE OF 36.62 FT TO A POINT ON THE FAST LINE OF A 40 FT. WIDE SEABOARD COASTLINE RAIL ROAD PARCEL; THENCE NORTH 00 °0837' WEST ALONG SAID EAST LINE; A DISTANCE OF 25534 FT TO THE INTERSECTION WITH THE SAID WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID PARCEL 1 ;THENCE SOUTH 89 °5624' EAST, A DISTANCE OF 5.01 FT TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.12 ACRES, MORE OR LESS, BY CALCULATION OF THIS DESCRIPTION. The applicaton may be Inspected at the address above during regular busi- ness hours, Mon -Fri, 8 A14 -4:30 PM, except for holidays. A recommendation toapproveor deny Application No. 17-001 -SSA will be forwarded t0 the City Council for. consideratlon to adopt at a Final Public Hearing on February 21, 2017, 6 PM (tentative). ANY PERSON DECIDING TO APPEAL any derision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and.the record includes the testimony and evidence upon which the appeal wig be" based. In- accor- dance with the Americans with Dictates Act (ADA), any person'with a disability as defined by the ADA, that needs speaal aceommodatlon to r- tidpate In this proceeding, contact the General Services Office no later than two business days prior to proceeding,963- 763 -3372. BE ADVISED That should you Intend to show any document; picture, video or Items to the Planning Board In support or opposition loo any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Cdys records. . By: Zoning ON Administrator 11 t Marcos MontesDeoca, tio.17-001-SSA INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 - 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a,►.t./1 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 /Jl lit I x017 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or ° refund for the purpose of securing this advertisement for publication in the said newspa. er. Sworn to and subscribed be re me this v day of Notary Public, State of Florida at Large 1A:Si 67) Katrina Elsken ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES :ApIN20,2020 Bonded TNu Notary Public Undeiwritera AD PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE I5 HEREBY GIVEN that a QUASI- 3UDICIAL PUBLIC HEAR- ING will be held before the Oty of Okeechobee Pianhing Board on Thur., January 19 2017, 6 PM, or as soon thereafter as possible,at Gty Hall, 55 SE 3rd AVE, Coundl Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Rezoning Petition No. 17-001 -R, submitted by Mr. Ste- ven L Dobbs as Agent and Mr. Neal Marlan,.Director of Loumax Develop- ment, Inc on behalf of the property owner, El Cfelo Azut Night Club, Inc The public is encouraged to attend. Petition No. 17-001 -R requests to rezone approximately 1.07 unpplatted aces located at 120 SW 7th Avenue, from Commercial Business District (CBD) to Industrial (IND). The proposed use B to Woe the existing struc- tures as Industrial space for storage and production of Loumax products. Legal: (PARCEL A -A- PARCEL OF LAND- BEING' PARCELS 1 -5, AS SHOWN ON EXHIBIT'D' PLAN OF LOTS RECORDED IN OR BOOK 243, PAGES 1968 -1974, OF THE PUBLIC RECORDS OF OKEECHO- BEE COUNTY, FL, LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE. 35 EAST, OKEECHOBEE FL, AND BEING A PORTION OF THOSE LANDS. RECORDED IN OR BOOK 715, PAGE 640 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, SAID PARCEL BE- ING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENC- ING AT THE INTERSECTION OF THE SOUTHERLY UNE OF SOUTH PARK ST AND THE EASTERLY RIGHT -0F -WAY LINE OF THE F.EC. FORMER EAST TEAM TRACK NO. 5; THENCE 501JTH 07 °13'25' EAST ALONG SAID EASTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 115.81 FT TO THE POINT OF BEGINNING OF THE HEREIN DE- SCRIBED PARCEL, SAID POINT BEING THE NW CORNER OF SAID PARCEL 1; THENCE SOUTH 89 °5624' EAST ALONG THE NORTH LINE OF SAID PARCELS 1 -5 A DISTANCE OF 196.46 FT TO A COR- NER OF SAID PARCEL 5; THENCE SOUTH 00 °0336' WEST, ALONG THE EAST LINE OF SAID PARCEL 5, A DISTANCE OF 15.00 FT TO A CORNER OF SAID PARCEL 5; THENCE SOUTH 89 °5624' EAST, ALONG A NORTH LINE OF SAID PARCEL 5, A DISTANCE OF 41.91 FT TO A NE CORNER OF SAID PARCEL 5; THENCE SOUTH 00 °01333' EAST ALONG THE EAST LINE OF SAID 5; 5 AND ALONG THE WEST RIGHT-OF-WAY LINE OF SW 7T11 AVE, A DISTANCE OF 169.06 FT TO THE SE CORNER OF SAID PARCEL 5; THENCE SOUTH 89 °4725' WEST ALONG THE SOUTH LINES OF SAID PARCELS 1 -5, A DISTANCE OF x115.31 FT TO THE SW CORNER OF SAID PARCEL 1; THENCE NORTH 07 °1325' WEST ALONG THE WEST LINE OF SAID PARCEL 1; A DISTANCE OF 186.57 FT TO THE POINT OF BEGIN- NING. PARCEL CONTAINS 0.95 ACRES, MORE OR LESS, BY CALCU- LATION OF THIS DESCRIPTION; TOGETHER WITH (PARCEL B) A PARCEL OF LAND, LYING IN SECTION 21, TOWN- SHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE FL, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM- MENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH PARK ST AND THE EASTERLY RIGHT -OFWAY UNE OF THE F.E.C. FORMER EAST TEAM TRACK N0. 5;, THENCE SOUTH 07 °13'25' EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 115.81 FT TO THE NW CORNER OF PARCEL 1, AS SHOWN ON EXHIBIT `D' PLAN OF LOTS, RECORDED IN OR BOOK 243 PAGES 1968 -1974 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL; THENCE NORTH 89 °5624' WEST ALONG THE WESTERLY EX- TENSION OF THE NORTHERLY LINE OF SAID PARCEL 1, A DIS- TANCE OF 30.29 FT TO A POINT ON THE WEST RIGHT -OF-WAY UNE OF THE F.E.C. FORMER EAST TEAM TRACK N0. 5, SAID'POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE 501.1111 07 °12'09^ EAST ALONG SAID WEST RIGHT -OF-WAY LINE, A DISTANCE OF 257.23 FT TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF SW 2ND ST; THENCE SOUTH 89°4725' WEST ALONG SAID WESTERLY EXTENSION, A DISTANCE OF 36.62 FT TO A POINT ON THE EAST LINE OF. A 40 FT WIDE SEABOARD COASTLINE RAIL- ROAD PARCEL; THENCE NORTH 00 °0837" WEST ALONG SAID EAST LINE, A DISTANCE OF 255.34 FT TO THE INTERSECTION WITH THE SAID WESTERLY EXTENSION OF THE NORTHERLY LINE OF SAID PARCEL 1; THENCE SOUTH 89 °5624' EAST, A' DISTANCE OF 5.01 FT TO THE 1; OF BEGINNING. PARCEL CONTAINS 0.12 ACRES, MORE OR LESS, BY CALCULATION OF THIS DESCRIPTION. The petition may be Inspected at the address above during regular business hours, Mon -Fri, 8 A11-4:30 PM, except for holidays. A Public Heating for a rezoning petition Is handled as a'Quasi- 3udidar 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 the Petition will be forwarded to the Gty Counal, tentatively scheduled on February 21, 2017, (First Reading) and final adop- tion Public Hearing on March 7, 2017, 6 PM. . ANY PERSON DECIDING TO APPEAL any dedston made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal wit be based. In accor- dance with the Americans with Disabilities Act ADA), any person with a disability as defined by the ADA, that needs al accommodation to r- 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 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 Bound Secretary for the Gty's recorss. . BY: Zoning Administrator Marcos MontesDeaca, No. 17-001 -R 478831 ON 1/1,11/2017 < / > >> W ym wOW> >CO C=mm«? 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C } O m O o Z C a) > a m 0 Q m C L Exhibit 1 City of Okeechobee General Services Department 55S.F..3 Avcnue,1200111IUl Oltecchobcc, Florida 39974 -29t13 Phone: (363) 763 -3372, ext. 213 Fax: (363) 763-1686 Date: /a_Mo-//„ Petition No. 7_001— SS'{ Fee Paid: F3g8. 30 CO. 1 1/ l0 Jurisdiction: P%3 C C G 2Idi'Icarit A- Q�f -]� �P(rlt�. 1J - ]s�]tCarint. -- I (q °1�� Publication Dates: VII 4 fill 1;0 \ Notices Mailed: 1- 4_1-T NO TO BE COMPLETED BY CITY STA Sr FE: Verified HAM Designation: COM nee ( Iat- 1 Verified Zoning Designation: 0,13D Plan Amendment Type: 1 1 Large Scale (LSA) involving over 10 acres or text amendment Small Scale (SSA) 10 acres or less (] Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems or low per capita incomes, low average wages, high unemployment, instability of employment, and /or other indices or economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Phrase print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: J{1 Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 tre required to be submitted by the applicant. .I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 11/#6/ Date Signature 01 0% or Authorized Representative` *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page 1 or 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT /AGENT /OWNER INFORMATION LOUMAX DEVELOPMENT INC Applicant P. p 0. Box 5501 Address Fort Lauderdale FL 33310 City 954 -347 -1077 Telephone Number Fax Number E -Mail State njmarkus @lmail.com Steven L. Dobbs Agent* 1062 Jakes Way Address Okeechobee FL 34974 City State Zip 863- 824 -7644 sdobbs @stevedobbsengineering.com Telephone Number EL CIELO AZUL NIGHT CLUB INC Fax Number E -Mail Owner(s) of Record 1319 NW 36th Street Address Okeechobee FL 34972 City State Zip Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page 2of7 Applicaton for Comprehensive Plan Amendment (6/09) 11. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) 0 Text Amendment ® Future Land Use Map (PLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): This request is in support of changing the parcel identified from Commercial/ Industrial to Industrial. 111. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: 120 SW 7th Avenue, Okeechobee, FL 34974 al re, 2. Property ID #(s): 2-21= 37- 35 =0A00= 00.004= 0000;' 2- 21- 37- 35 -0A00- 00001 -0000, hv r{ a_ 2-21- 37- 35- 0A00.- 00001 -000 and 2- 21- 37- 35 -0A00- 00001 -B000 ,) t: B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 1.61 Acres t ncl o4-her -1 -tod 2. Total Area included in Request.' a. In each Future Land Use (FLU) Category: Industrial 1.16 Acres (1) (2) (3) (4) b. Total Uplands: 1.16 Acres c. Total Wetlands: 0.00 Acres For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 i \pplieaton for Comprehensive flan Amendment (6/09) 1 Current Loning :Central Business Districtand Industrial / Current FLU Catc < „orti Commercial'and Industrial I :xisting Land Use: A nightclub IZcclucstcd FLU Category Industrial 1). MAXI i IM DEVELOPMENT PO'I'I :NTI; \1. OF THE SUBJECT PROPERTY Development Type 1 xisting FLU Category Proposed I:I.tI Category Residential 0 0 Density (DU /Acre) 0 0 Number of Units 0 0 Commercial (sq. It.) 11,700 sf Industrial (sq. It.) 0 35,000 sf At a minimum, the application shall include the following support data and analysis. "these items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORj\IATION AND i\1: i s Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that shill affect the development potential of properties. If large Wraps are submitted, the Applicant stay he required to provide 8.5” x t 1" maps for inclusion in public hearing packets. Wording of any proposed text changes. A neap showing the boundaries of the subject properly, surrounding street network. and Future Land Use designations of surrounding properties. ✓�. '\ map showing existing land uses (not designations) of the subject property and surrounding properties. Written descriptions oI' the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. Map showing existing zoning ortl)e subject property and surrounding properties. Certified property boundary survey; date of survey: surveyor's name. address and phone number; and legal description(s) for the property subject to the requested change. ✓.�. veodtn9 nett/ VG. Lt.a.vat showtn tai l �4�; ^r('t!??c. - 1 -t�Ntc prr2-1c. For questions relating to this application packet, call the General Services Dept. at (363) -763 -3372, Ext. 218 Pate 4ofl Applicaton for Comprehensive Plan Amendment (6109) 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. Co � �� - n I t c 9. If applicant is not the owner, a notarized letter from the owner of the property 10, o, authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared•by a professional transportation planner or transportation engineer. c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten -year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page 5of7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF .PROPOSED A11END11EN'I' Justify the proposed amendment based upon sound planning principles. 13e sure to support all conclusions made in this justification with adequate data and analysis. iScHIb" rr s',rYns3��6 . Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA.) $550.00 plus $30.00 per acre Text Amendment Flat Fee $2.000.00 each MAW ssr I, Neal Markus , certify that 1 am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. 1 also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluatin 1 the request made through this application. Signature of Neal Markus wncr or Authorized Agent Typed or Printed Name STATE 1 00 el cl �t COUNTY OF fp Ace /7/90//b Date The foregoing instrument was certified and subscribed before me this �D day of j\DUemloe.r 20 /4 , by ^ /gm? /Wv k 1 S , who is personally known to me or who has produced _�ya tt4 VLQ as identification. LSre2'4 er �tOOKE RUSSE.l LOCKE 1tANX a ••"- MY COMMISSION 8,F22»2 i'l EXPIRES `r1/ 21, 2011 tor; 1L01113 1, 42r,Aatlogn6Mn..... otary Public is Ke Rksse(( /cee VL&L rho Printed Name of Notary Public (Commission Expires on: a i-- o90/ 2 For questions relating to this application packet, call the General Services Dept. at (S63) -763-3372, Ext. 213 Page 7 of 7 EL CIELO AZUL NIGHT CLUB INC City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a parcel that has a Future Land Use (FLU) of Commercial and is currently developed into a furniture store. To the east of this parcel is vacant land the vacant land has a FLU of Residential Single Family. To the south, the parcel is undeveloped into an Industrial Strip Mall and has a FLU of Industrial. To the southeast the parcel is undeveloped with a FLU of Single Family. To the west is a parcel that is undeveloped and has a future land use of Single Family. The proposed Future Land Use designation is consistent with the north, south, and east land uses and the land to the west has a FLU of Single Family, but the underlying zoning is Industrial. The land is the old railroad spur, so the FLU is inconsistent with zoning and prior use. This Comprehensive Plan Amendment is consistent with the current uses and Future Land Use designations and would simply expand the FLU from the south. 5. Map showing existing zoning of the subject property and surrounding properties. Attached /6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached ‘A. An aerial map showing the subject property and surrounding properties. Attached J9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. Please find attached the notarized letter. B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 1.16 acres of Commercial and 0.45 Acres of Industrial. The maximum density of the FLU Industrial and commercial has a maximum density of 3.0 FAR and a maximum of 85% impervious. This FAR would not be conceivable as this parcel has already been developed expansion would not be expected past a FAR of 0.5. The proposed FLU Industrial would have a maximum buildout of 50% according to the City's Comprehensive Plan, which would yield a total of 244 daily trips with a peak hour of 34 trips. This represents a decrease of 99 peak hour trips. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. The existing use develops a peak hour traffic rate of 133 trips. The proposed use at 50% buildout would yield a peak traffic rate of 34 trips, below the existing use. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten -year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation /open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses Current 0 * 114 = 0 gpd Future = 0 gpd (2) 0.15 gallons per day per square foot of floor area for nonresidential uses Current 11,700 sf* 0.15 gpd /sf = 1,725.00 Future 35,000 sf *0.15 gpd /sf = 5,250 gpd b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. N /A, Proposed Industrial FLU. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; With no change in use and no increase to the generation of solid waste, the currently facility will not be impacted. b. Water and Sewer: The impact of the potential FLU change is addressed in the letter provided by OUA. c. Schools. N /A, no additional capacity to schools for an Industrial project. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the US Fish and Wildlife Service. From this map, there appear to be no wetlands on the subject parcel. 2. Soils posing severe limitations to development There is only one soil present at this site from the attached NRCS Websoil Survey, Immokalee Fine Sand, which should cause no developments limitations. 3. Unique habitat. This parcel is developed, but provides no unique habitat. 4. Endangered species of wildlife and plants. Since this property has been developed for many years and with all the development around it, it does not provide the conducive habitat for endangered species. 5. Floodprone areas. According to the attached FEMA map 12093C0415C, the subject parcels are outside all structures have been built in flood zone C. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. These parcels are currently developed with no anticipation of further development, there will be no impact to the established population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. The minimal increase in density will not change the ability of the city or any other utilities to provide available water, sewer, or roads. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is adjacent to undeveloped areas in the City, but will have no impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply redeveloping an already developed parcel inside the City Limits, which is the preferred development pattern. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Commercial Future Land Use designation, the maximum development is approximately 50% maximum lot coverage or 35,000 sf. L 1.2.d. Use Measure Rate Gallons per Day Commercial (Existing) 11,700 sf 114 gpd 1,725 gpd — water /sewer Industrial (Proposed) 35,000 sf 15 gpd / 100 sq. ft. 5,250 gpd — water /sewer Net Impact 3,525 gpd — water /sewer Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.1 mgd for the period of March 2015 through February 2016. The average daily flow of the wastewater treatment plant is 0.859 mgd of the 3 mgd plant for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Waste Management has previously indicated they have a 24 year capacity left in their facility only 2 years ago. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0480C, this parcel is in Flood Zone C. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre - development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off-site will be minimized by on -site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short- circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation As a self- contained Industrial facility, no impact to the parks and recreation needs of the City is anticipated. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. Miscellaneous Data Parcel Control Numbers Subject to this Application 2- 21- 37- 35 -0A00- 00004 -0000, 2- 21- 37- 35 -0A00- 00001 -0000, 2- 21- 37- 35 -0A00- 00001 -0000, and 2- 21- 37- 35 -0A00- 00001 -B000 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. X w -J LL L a) 0 t a) g 0 s.. °- Z tip a ▪ o U i C9 c ▪ (1) 0 O <t ) W U -0 J c W a) CI) 0 a) a) 0 4- 0 u ...., Commercial .., I IP LL N i7-; c Subject Property o 0 • ' ` • f'p's . l Commercia " 1!"'.,r ±r , • fie .0' -te Q': Industrial Industrial 4 4 . ..'. . , • t, :4 - goer r MulaillSOMINIkidi v:, i . a 4,41 , ,,..7-.--.-;.--;,- , 3 .. , .41 Furniture Store 1. c ro 1001010.1111t 411. . :, u ro > Subject Property I - 1 ...„. ,_ , „..., V° , 4 ...., - • 10 , Strip Industrial Plaza .,- 'mu \,,s r: 0 L a O L O a MZ cta W � J O 0 - c) C3 c Z � J E c O < J a) 0 c LU - co J Q) L 4) 0 U 4) v 0 4- 0 401. OVIA iiiiiticiiiit 0 , , 4 . 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PM Peak Trips - Total yNA 0 0 0 0 2 0 0 00 0 0 (0 0 00 00 00 00 0 0 0 00 0 0000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 v o v 00 00 00 00 0 0 0 00 00000000000000000000000 0 ° a3 ° 03 v'2 Z ° 12 (0\\ NhroPRR (0° ° 4 2 m Z Z 4- r 03 o i0 (0 (0 m v Z ° ° o m ° ° o m. fMr3 ZZ0\)� M M �avMnv ' (0 ' n (0 MMM m4 '4 °e VM�o ° v) °v M - ` nva (m n ° n °c °vvav 0ro e. 0 ('4 a (0..a Z V M N N ( W (2 e e s'- 7 Z Z` N — °( N b N e o M N Q Z (0 o vry M e a o '4' o (0rp 0 e 1p Zito O ■p O V) r °N t0 hN N o 1 o r D N M 0(D erD (0o rp 2 o 0ID o o O 0\\040 N o 0(0 N N N ON 1� 0 ui CO O o NA 0.37 6.55 0.62 0.81 1.24 1.33F O) 0 0.68 0.88 0.86 0.46 0.74 M c) 0 0 0.591 0.26 O O O O 0 0 r r 0 0 0 O N e- 0 0.62 0.40 0.60 0.58 0.35 0.39 0.72 0.52 0.24 0.78 0.38 0.55 N 0 0 0.27 0.27 0.17 N (ND 0 0 0.70 0.59 N 0 P 00 0 0 o h 0 '4 0 0 r 0 13.40 104.73 122.21 14.24 O •• Y) 8 2 "..,1 O .- V m m N N N Vi 01 0 6 M V, t, CO T O to M m M M N N M W N M N N O rn R '- 1D ' O if, O co N ° (O tO N N 6.59 4,20 NA NA N 4.18 NA 4.99 2.46 M N c0 - N M M r 8.92 8,17 N 6 4.90 7.27 72.67 : o N m Units Berths m O 0 TA in tii To' rn o,E 4 0 W Avg. Flights /Day Based Aircraft Acres Parking Spaces Occ Spaces Parking Space Orr. Soaces KSF2 I — ry W Y Employees KSF2 Employees k1F2 on — E w Y Storage Units Lr LL Y Em • loyees KSF2 Em•lo ees DU ° u a > 0 nu na o C r 10.0 DU Occ DU (DU 1 Pur s ons o >> .000000 u E u E o CC m E ° OCC o m °E Ow0CC E c u E o 1 Employees Commercial Airport 021 Commercial Airport 021 r•,...,...�...,�i n,...,..r nog General Aviation Airport 022 General Aviation Airport 022 Truck Terminal 030 Park &Ride w/ Bus Service 090 00 Park &Ride w/ Bus Servce 9 Light Rai' Station w/ Park 093 j e0 ° U — 7 C e F E g GeuC1; Hea Industrial 120 enera vy General Heavy Industrial 120 Industnal Park 130 Industrial Park 130 1 unngManutacf 14u Manufacturing 140 Warehousing 150 Warehousing 150 (Mini Warehouse 101 Mini Warehouse 151 u ° ; t: - t nign -uuoe u use 1a4 High -Cube Warehouse 152 Utilities 170 Utilities 170 O N 2 u. m m N rrpac• Apartment 220 Apartment 220 Low Rise Apartment 221 A t222 High Rise partmen Mid -Rise Apartment 223 22a Rental Townhouse Resd. Condo/Townhouse 230 Resd. Condo/Townhouse 230 d 231 low Rise esd. Con o High Rise Resd. Condo 232 233 Luxury Condo /Town h ouse Mobile Home Park 240 Nv. N T 0. 1 f ?'t ° E o O i. E] ° E ? K ll Eldedy Housing- Attached 252 Recreational Homes 260 All Suites Hotel 311 Business Hotel 312 Business Hotel 312 NA IDaily Rate for Satu 11 L.aunon- vniy i aruay. Caution -Only 1 Study. Peak Hour is PM Peak Hour, Peak Hour is PM Peak Hour. Caution- Only 2 Studies Caution- Only 2 Studies. Caution- Only 1 Study. Peak Hour is PM Peak Hour. Caution- Only 1 Study. 1 Caution- Only 1 Study. 100 Caution -Only 1 Study Caution -Only 1 Study. 1 Caution- Only 2 studies. 1 0 For Weekday Caution -Only 1 Study. 1 1 1Caution- Only 1 Study. 111 1 11 111 111 1 Iiiii1iliiiiiiii1ii1iiIli1ilIiFF 1 NA NA 0 NA MEM III 1II1II1 i iiii 1 1 1 HI • 111 1 II 1 11 IIIIIIIHhIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHhIIIIIIIIIIIIIIIIIIII mmon '111 1HE Ni 0 ma El EN 1 i 111111 Himi ii 0 N immilmEN ism NE i is iii i ii IN is i ii 0.42 NA 0.06 0.65 4.67 5.58 0.19 0.33 1.25 5.77 II 20.22 0,14 NA 0.13 I II III 0.13 0.97 1.55 0.12 1 2.54 II 0.88 0.55 12.46 0.82 4.79 7.00 2.91 0,23 7.30 II 2.27 29.81 31.051 2.961 20.52 35.74 220.00 1.76 53.12 NA 153.33 NA 2.60 1.09 8.33 114.88 23.93 31.04 66.67 38.70 22.88 27.25 1,78 nn 15.71] 2.48 1.62 13.78' 1.71 12.89 19.74 1.20 15.55 2.38 4.48 28.13 58.09 52.52 0.29 1 Picnic Sites Employees Parking Space Acres Acres Picnic Sites Employees Employees Berths Emolovees Tees Acres Seats KSF5 Movie Screens Seats Employees KSFZ Movie Screens Seats Employees Attendees Employees Seats Amusement Park 480 Employees Zoo 481 Acres Zoo 481 Employees Tennis Courts 490 Courts Tennis Courts 490 !Employees Racquet Club 491 Courts Racquet Club 491 KSFZ Racquet Club 491 Employees Health Club 492 KSFZ 18owlina Alley 494 'KSFZ Recreational Com. Center 495 Employees Military Base 501 Employees Elementary School 520 Students Elementary School 520 KSFZ Elementary School 520 Employees I K 12 536 Students Pnvate Schoo (- Middle/ JR, High School 522 Students Middle/ JR. High School 522 KSFZ I 1High School 530 Employees Junior/ Comm. College 540 Students Junior/ Comm. College 540 Employees University/College 550 Students University/College 550 (Employees Church 560 KSFZ Daycare Center 565 'KSFZ Daycare Center 565 Students Daycare Center 565 Employees Cemetery 566 Employees Prison 571 KSFZ Prison 571 Employees Library 590 KSFZ Library 590 Employees Lodge /Fraternal Organization 591 Members State Park 413 State Park 413 'Water Slide Park 414 Beach Park 415 Campground /RV Park 416 Regional Park 417 Regional Park 417 National Monument 418 nnerinn ■911 Minature Golf Course 431 Golf Driving Range 432 Multi P uP r ose Pec Facility 435 Live Theater 441 Movie Theater w/o matinee 443 1Movie Theater w/o matinee 443 Movie Theater w/o matinee 443 Movie Theater w/o matinee 443 Movie Theater w/ matinee 444 Movie Theater w/ matinee 444 Movie Theater w/ matinee 444 1Horse Track 452 Dog Track 454 Arena 460 Irn Rink 455 a y > w c U o U E o m o u 0 O 'v m m m . v o .a _ N °- h ...... Z 9 to p C p N N J 2 U (0 3 010 004 ) - Peak Hour is PM Peak Hour Caution- Only 2 Studies. 1 Peak Hour is PM Peak Hour. 1 Peak Hour is PM Peak Hour. Peak Hour Is PM Peak Hour. Peak Hour is PM Peak Hour. 0) D O U 'o = C Caution- Only 1 Study. Z C Caution- Only 3 Studies c Low Turnover - More than 1 hour Big variation on Daily m v Daily Trips for Saturday. Caution- Onty 1 Study. Daily Trips for Saturday. Peak Hour is PM Peak Hour. 1 Daily Rate from 4th Edition ITE Have auto repair and service Caution- Only 1 Study. a ¢ ¢¢aa a z z z a s s ¢ a a z a a a a Z Z a a a ¢ ¢ ¢ ¢ z z ¢ a a ¢ a a ¢ ¢ ¢ a a a z z a a a a a a z a a ¢ a a a a z ¢ ¢ ¢ ¢ ' 4 4 4 ¢ a a a Z z z z ¢ ¢ ¢ a a ¢ ¢ 4 414.4 ¢ a a '4 ' '444'4 Z ZZ Z Z Z Z Z ZZ Z Z15'55551 ZZ Z ZZ Z ZZ Z ZZ Z Z Z ZZ Z ZZ Z ZZ Z ZZ Z Z Z ZiZ 5 5155555'5'4 Z ZZ Z Z z z Z Z z z 5 55155 ' '5 z z 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000100000000000000000000 0 0 0 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 0 0 0 e 0 0 e e e o¢ g p) N 0 m m 0 g g g g < O ( <(0 Z Z ( V l0 0 00 0 0 0) (0 O O N t to N (0 a a a¢¢¢ ( Z Z Z Z M (0(0( 0 M M T V V 0 0 t0 t 0 4 4 ¢ ¢ e O 0 10 0 0 0 0 3 e 0 Of 1 0 e g CO CO N g¢ o o . e- e o ( . e f n 0 f¢ Z V Z u Z g 10 M 0 g-g e e g 0) o o o g¢¢ a Z Z Z a¢ a a , OV 0 ,4 4 4 4 4 N h h h 1 4 o 4 4 a 0 N a o o g g o o e < N e a° o o e o o e- e e- O N N ¢ N 1.23 Equation N O O 1 1.40 j 1.72 ! 0.50 1 3.46 O N - - 2', N N V V P PI! V< r r r O O 3 3.48 .4.84 O O m m C 0.47 Equation r V N r V 0 e- O V N< M V 0.94 153.85 m m r C CO 0 0 0 0 C CO W W d d Ne- 0 0 0 2 2.37 4.03 31.45 7.75 Equation 0 N N O r 2 0 g O O 0 0 C 28.32 27.92 r an 0 2.77 45.16 0 0 r d d C CO 0 O 2 23.40 Equation 42.941 0 O OW 1 1__ 127.151 O N N N a a Z Z 4 40.00 12.48 0> e 33.34 21.141 e- a N t 152.84 108.00 NA 24.871 I KSF2 r ' (Beds Employees IKSF '` ' KSF2 (KSF2 ', ' I Employees I KSF2 ', i Employees KSF2 ' :Employees KSF2 i i i o o a KSF2 N N Employees KSF2 N - o a LL " KSF2 " " KSF2 Seats KSF2 Seats KSF2 Seats KSF2 KSF2 Service Bays Service Bays 1 K5F2 " ° `Employees Y L Fuel. Position Fuel Position O K5F2 Hospital 610 Hospital 610 Nursing Home 620 Nursing Home 620 Clinic 630 Clinic 630 General Office 710 (Equation) General Office 710 Corporate Headquarters 714 Corporate Headquarters 714 Single Tenant Office Bldg 715 Single Tenant Office Bldg 715 Medical Dental Office 720 Medical Dental Office 720 Government Office Building 730 Government Office Building 730 State Motor Vehicles Dept. 731 r V US Post Office 732 Gov. Office Complex 733 Gov. Office Complex 733 R &D Center 760 R &D Center 760 Building Materials /Lumber 812 !Building Materials /Lumber 812 Free - Standing Discount Superstore 813 Freestanding Discount Store 815 Free-Standing Discount Store 815 Hardware /Paint Store 816 Hardware /Paint Store 816 Nursery (Garden Center) 817 Nursery (Garden Center) 817 Nursery (Wholesale) 818 Nursery (Wholesale) 618 Shopping Center 820 (Equation) Shopping Center 820 Rate Factory Outlet Center 823 1 Quality Restaurant 931 Quality Restaurant 931 1 High Turnover /Sit Down Rest 932 High Turnover /Sit Down Rest 932 Fast Food w/o Drive Thru 933 Fast Food w/o Drive Thru 933 Fast Food wl Drive Thru 934 Fast Food w/ Drive Thru 934 1 Drive Thru Only 935 1Drinking Place 925 Quick Lube Shop 941 III Automobile Care Center 942 Automobile Care Center 942 New Car Sales 841 1New Car Sales 841 1Automobile Parts Sales 843 V m tD VZp [Tire Store 848 Daily based on small number of studies (Caution) I Average size = 3,000 sqft Daily Trips for Saturday. Caution- Only 1 Study. Caution- Only 1 Study. Similar to "Sams" or "Pace" N O U GI S 2 EL S 'Peak Hour is PM Peak Hour. Daily based on 1 study 8 PM Peak based on 2 studies. a z z z Z 2 z z Z a z z a z a z a z a 22 a¢ Z a z Q¢ z z G z Q z Q Q z 2 Q Q 2 2 Q 2 Q 2 a z a 222 s q ¢ z a z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 III I iimim o a e vi e v� o a g e v, v°> °vN o ,n a g- 0 o g o �n e N . s o �n 0 O 52.411 N M (O 0 N co 0) N M 0 0 N V CO 31.54 12.12 27.41 W N . ° 102.241 737.99f NAI 845.60 96.82 O I N tO v N 45.04 NA 66.40 O o 5.061 i N Service Bays Y Y Y KSF2 KSFZ KSF2 KSF2 KSF2 KSFZ KSF2 KSF2 Y Y VI KSF2 KSF2 KSF2 KSF2 Drive -in Windows Y m m W 0 m F I I 0 m 1 c]n F3,0%,',„,,' -E v N N 0 rG _ g €>> 0 C X o C C 0 v .c 0 N E O i� 3 c v c? 0 v N Y m d m .. 0 ro 0^ v i i —�,2 O c 0 3 3 010) :9'3' w m o N w vi m m a N= E .,s E l v p = y 4 - 3, )- 0- N � o N v a° 0 E ~ N >> o 3 e o n. 0 ' 2 L F a v o 0 O m N� w o N E U N P Q >> 0 E ` o F °' Tc. s c m c c m m Y m 3 N m m c >> 0 N m m MAP SCALE 1 °° ®'6000 LLI E o 0 cidW � W N N 0 N-+ 0 0 E 0 0- 0 w 1— w PANEL 0480C 5 LL FLOOD INSURANCE RATE MAP u u a S $ 0) W Z • U Federal Emergency w LS) LL z N w co 1-- 0 and SW DAV Hit MS and H19 MS DM H16 MS co co 0 and H1L MS w z 00._ z and H101 MS and HIS MS DAVH106MScn I— I- I— ( N W 0 2 0 DC I- Z cn 0) cn and H1L SW 9TH ST M ,.TT OS 009 z 0m '0- 0 n VD - L LID 0£££SOE OZ££TO£ OTE£TO£ I I I 005510£ 06Z5105 085E105 OLZ£TO£ 095510£ OSZ£T05 7th 0 N LO Ln 0 0 ti 10 00 I0 M0(0,05 009 p�p N g 8 — $ l x y C P n —2 tri M „9T 0S 008 0E5ET05 055£105 OT£ETO£ 005510£ 065£105 0855105 0555105 095E-10£ OSZETO£ z 1 ..g U o S h Z n C u fif 0 0 3 N C 00 U.S. Fish and Wildlife Service November 29, 2016 > O Q Freshwater Forested /Shrub Wetland Estuarine and Marine Deepwater Freshwater Pond j • Estuarine and Marine Wetland Freshwater Emergent Wetland MAP INFORMATION MAP LEGEND The soil surveys that comprise your AOI were mapped at 1:24,000. { & Area of Interest (AOI) Warning: Soil Map may not be valid at this scale. \ A Very Stony Spot k / Sot Map Unit Polygons / Sod Map Unit Lines ° \ \ 6 o Cr) )\ \ \ \\ / &�\ a ..6 m e _ CO G/= co I\ oloaE © f =_ °° _ e \ m \ 6oE ® / §/ 22/\ Ts co \ e \ \ 2 / o §\5 \Qe -28 / \ \7 7 2/% \ §{_} ƒ .. _ Q. //\ ( �\ / \# ƒ . ) /fit §£) \_ _/ (/) /ƒ \ \ \J$ ea as Gee CD ti - ° o. / /(\ o )/\ (� / \k \° /- § )`\ j \j /�0 $' {ƒ 4 ® =/2 ±2 > I / �£, co co _/ m2< \2 7} 3 0 }\0 co �=E $E6%> — c >, .,...111 a\(_5 \ƒ .co }w co ƒ \\ ƒ{ƒ \ƒ * \_ ®�0 \\ - \ �_, \a % }@ %[ !2 /. \r ƒ +\� 0 _ § y� \) § /\ 2 -2 \ — ol k& 70. /m CL %��B ,> =a 7» {E E }§\}} \\\)\ // 77 7w 3& e8tt Special Line Features Soil Map Unit Points Water Features Streams and Canals Transportation J \ \ 0 Interstate Highways § 3 » § ( / Local Roads Aerial Photography Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Severely Eroded Spot Soil Map — Okeechobee County, Florida EL CIELO AZUL NIGHT CLUB INC Map Unit Legend Okeechobee County, Florida (FL093) Map Unit Symbol Map Unit Name Acres in AO1 Percent of AOI 11 Totals for Area of Interest Immokalee fine sand, 0 to 2 percent slopes 1.61 1.6 100.0% 100.0% Natural Resources Web Soil Survey "0"4 Conservation Service National Cooperative Soil Survey 11/29/2016 Page 3 of 3 •-•7110P4',,1 EL CIELO AZUL NIGHT LOS CLUB INC DESPERADOS DE OKEECHOBEE I ELCIELO AZUL NIGHT EL CIELO CLUBINC AZUL NIGHT 404 t CLUB INC ,CLEMENTS * ,DOZIER'&7 , JUNE (LF ES) OKEECHOBEE OKEECHOBEE -PLAZA PLAZA 'PROPERTIES PROPERTIES OKEBOCO LLC L. tiwit,t‘ Okeechobee County Property Appraiser's Office 1 inch = 125 feet City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): El Cielo Azul Night Club, Inc Mailing Address: 1319 NW 36th Street, Okeechobee, FL 34972 Home Telephone: Work: Cell: 164 � (.,/ -d) ec Property Address: 120 SW 7th Avenue, Okeechobee, FL 34974 Parcel ID Number• 2- 21- 37- 35 -0A00- 00004 -0000, 2- 21- 37- 35 -0A00- 00001 -0000, ' 7- 21- 37- 35 -0A00- 00001 -000Q and 2- 21- 37- 35 -0A00- 00001 -B000 Name of Applicant: Loumax Development, Inc. Home Telephone: Work: Cell: cl 5- 4- 3 L')... ( D1-7 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THE ' HAND AND SEALS THIS 7 '-ftit DAY OF c ii.g- 20i . ee40 fin e d r /11 r\ V OWNER WITNESS Patricia IL Ragon OWNER WITNES•aleric Martin Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this c&0 day of becetf\er 20 O. if L> o1pRY P�Bi PATRICIA A. RAGON 2��•�•�c Notary Public: r h , o SEAL "`" I �' * -� , s * MY COMMISSION # FF 025112 "' Commission Expires: p •n: • av EXPIRES: June 29, 2017 es Nov1.0tP BondedThru Budget Notary Se (Rev 3/5/15) Page 5 of 11 Patty Burnette From: Sent: To: Subject: Steven L. Dobbs - archive < sdobbs @stevedobbsengineering.com> Tuesday, January 03, 2017 10:05 AM Patty Burnette FW: Operational - Andrew is bringing tfver the revised Farna4y Heri .age information. sdobbs @stevedobbsengineering.com ***** * * * * * * * * * * * * * * * ** * * * ** * * * * * ** ** this e-ri iii and zany floes transmitted with it ?C 'e intended ..50i93"v: f) r use to whorl': they are a1 3 Crew is i` `,port3 Jaave re:::e3'v3eti `t3i0s e -Thais 3rr3 eu' o: piease not3, ` the sender. Please note that X171' views or opinions in this Tri ii 7:1 a sc432 '? 'tfa=is'' r ``" the nod ncco'. necessarli y rwpvese it those of Steven 1. Dobbs Engineering, Lt.i';, The recipient Mo ^stir] check. 'tuhis e -snail it , nid any e1Ct` chra eats for 'the present viruses, 510 Engineering accepts no 33 1 39335 y t3 sang any) v' ro tra simitte'',i hi''v this e -rn ii ***** *********** * * **** ** * ** ** ** * * *** From: Neal Markus [mailto:nimarkus @gmail.com] Sent: Friday, December 16, 2016 12:00 PM To: Steven L. Dobbs - archive < sdobbs @stevedobbsengineering.com> Subject: Re: Operational 1 plastic caps. steel cans. plastic clam shells. aluminum valves. steel valves. some corrugated. Storage only. On Fri, Dec 16, 2016 at 10:11 AM, Steven L. Dobbs - archive < sdobbs (&,stevedobbsengineering.com> wrote: Neal, The City is asking for what you are going to be storing /producing in this building. They need to run it by the fire chief, building inspector, planner. This should be the information required when you got your operating permit from the City. Please do not hesitate to call with any questions. 71x. -4,4, 863- 824 -7644 863- 634 -0194 sdobbs ®stevedobbsengineeririg.com 2 ( AAA GGGQ f7) ;03)0)0) 0000 » » wwww / PARCEL >" 2- 21- 37- 35 -0A00 -00001 -0000 l0.12ACRES � 7A 2 ƒ /y7zG\ Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Loumax Development, Inc. Petition No.: 17 -001 -SSA (120 SW 7th Avenue) �I ! 11- Planning ' . & Management Services, Inc. 137i Jackson Street, Suite 206 Fort Myer'. Florida .s 239-334-3366 Serving Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 001 -SSA General Information Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address Legal Description of Subjec El Cielo Azul Night Club, Inc. 1319 NW 36th Street Okeechobee, FL 34972 Loumax Development, Inc. P.O. Box 5501- Fort Lauderdale, FL 33310 120 SW 7th Avenue Okeechobee, FL 34974 Steven L. Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Property Parcel Identification Numbers: 2- 21- 37- 35 -0A00- 00004 -0000 2- 21- 37- 35 -0A00- 00001 -0000 Legal Description: ( PARCEL ;) PARCEL 2-21,-,57-35-0A00-001:01-0004 A PARCEL Cr LAW. NWO PAROE S 1..Z 4 4 AM 3 a AS SNOW ON LXHOT 'D' PLAN Or Lf7$ RECORDED M OW= REDS ROOK (a) 244 PACE'S 1955 TisitrAN :D7b OF AC RAW 1iEmos [i' assraloaSE Vafi Y, fLCt4AOA LTINJ N S'MAR7121, 101114IAP 7 SOM. R.0 .TS £4SL QtELi lr /Weak AA0 BEM A PQ47XW fF MUSE 0AAl7S REM= AV CFS 714 PAGE 040 OF 71E F4,09C REta04C+^ pCEbSrl9Llr COG'/fl 1�tCent SAO PARCEL ciao MOW PARACVLARCY PESCRSED A5MU'1L *S co1NArAl3SC AT RE ORERSE'CnOW Or ME SXf1IL'RGY lie Ct'' SOON PARK STREET AM TIE E,457UCY ROW O NC4YLIVE OF RE F.EG law? EAST 1EAV matt Na $ MAX SOON 077325' EAST NOW SAD EAST/XL Y. 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YXtNSPO W0 1ESC4PAPWTArN;4YLIEGrS2104'r7LiC 00910£ 0111189M7.23' NEST AIOW $411 11EST7RLY 1XIEN004 A &STANCE Q'' X.62 MAT TO A FiJIVLT AY 17E CAST LNE Gtr A 40 FOOT N OE S X0241 O CO4S7L E (MRCVS PARCEL: RIME 1*10N 000617' NEST ALONG 500 EAST LIE A MANGE Cr 25554 7587 TO OE ,M/ERS£C7TAY my 1IAe SAb tks11RLY El7AI9CN Co," TIE NCRINstR.Y l)E Clr 505 Mai 1; WAX SOWN 825824' FAST, A A57:wa a' 50118 7' 1D 17E PONT OFBYUNIM7 PARCEL COMM 0112 AA'PF$ MERE A4 LESS BY CA! CMAT7CW OF TJfS DESCRPIPOR Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 001 -SSA Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for two parcels comprising a total 1.07 acres currently designated Commercial. The main parcel is roughly rectangular and encompasses about 0.95 acre. The smaller triangular parcel to the west contains only 0.12 acre, and is separated from the main parcel by a thin strip of land designated Industrial on the FLUM and zoned Industrial. The proposal is to change the Future Land Use designation of these two properties to Industrial. Both properties are also zoned CDB (Central Business District) and are the subject of a concurrent rezoning petition (17- 001 -R) to change the zoning of the property to IND. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 6 through 8. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Existing Commercial CBD, Central Business District Acreage 1.07 acres Proposed Industrial IND, Industrial Raw materials storage; product production; and finished product storage. 1.07 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District xisting Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Commercial CBD Central Business Morgan Furniture Commercial CBD Central Business District Vacant and commercial Industrial IND, Industrial Vacant and Okeechobee Plaza Industrial & strip of Single- family IND, Industrial Vacant Serving Florida Local Governments Since 1988 Comprehensive Plan Analy - is Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Flan Amendment Petition No. 17- 001 -SSA General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (1.07 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Commercial The property now houses a nightclub of about 11,700 square feet on the main 41,000 square foot parcel. This represents a building coverage of about 29 %. The Comp Plan and CBD zoning would allow up to 85% building coverage, indicating that the main parcel could probably accommodate another 23,000 square feet of commercial use in a one -story building, for a total of about 34,700 square feet. C. Future Development Potential as Industrial Looking at just the main parcel of about 41,000 square feet, under the Industrial Future Land Use category and Industrial Zoning, a single -story building of about 20,000 square feet could be built. This is about 2/3's of the square footage build- able under the current Commercial designation. The Applicant intends to use the property for industrial purposes involving raw materials storage, product production, and finished product storage. A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. To the immediate west of the smaller triangular parcel is a thin strip of land which, while designated Single- family on the FLUM, is zoned industrial and is an old railroad spur. The strip plaza -like property to the immediate south of the subject properties carries Industrial FLU and Zoning and appears to be largely occupied by light industrial uses. There is a light industrial use of similar intensity immediately south of this, with heavier industrial use further south. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 001 -SSA The properties to the north and east are designated Commercial on the FLUM and zoned CBD. Potential industrial use of the subject property would not be considered incompatible with these properties. B. Adequacy of Public Facilities Traffic Impacts Based on the Institute of Traffic Engineers (ITE) traffic generation factor for a nightclub (11.34 trips /1,000 sf of floor area), the existing 11,700 sf night club could be expected to generate about 133 trips during the afternoon peak hour. By contrast, the expected industrial use of the property would be expected to generate far fewer trips based on the traffic generation factors for the following types of industrial uses likely to occur on the subject property: 1. Light industrial (0.97 trips /1,000 sf) = 11 2. Manufacturing (0.74/1,000 sf) = 9 3. Warehousing (0.32/1,000 sf) = 4 Demand for Potable Water and Sewer Treatment The City's level of service for potable water and sanitary sewer treatment for nonresidential uses is 0.15 gallons per day per square foot. There is no differentiation between commercial and industrial uses regarding the provision of water and sewer, therefore, there is no basis for expecting a significant increase in demand for water and sewer services. In fact, industrial uses are generally regarded as generating Tess demand for water and sewer per square foot of floor area than are commercial uses. C. Environmental Impacts We agree with the Applicant that the site has no unique characteristics with regard to environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 001 -SSA Recommendation Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Industrial on the City's Future Land Use Map. It should be noted that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, then the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would neecl to be approved. However, if the requested Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. Submitted by: Wm. F. Brisson, AICP Planning Consultant January 11, 2017 Planning Board Hearing: January 19, 2017 City Council Public Hearing: February 21, 2017 (tentative) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17-001-SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS NW PNTrIST: i---1111111111111111111111111Mir =II FIN UMW 411011•011••••••■■• bVV Park St/SR70- COMPREHENSNE PLAN LAND USE MUCI, FAMILY ....R.,,„ • NOLISTRI AL FA,C11.171 ES RESIDENTiki_Mi \Et, LiZE Serving Florida Local Governments Since 1988 1 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17-001-SSA ZONING SUBJECT SITE AND ENVIRONS 111111•1111111111111111111 ZONING • CLD COVist Si-SINE:SS cftv CLT- L1 t E - H Ht-^4..DNCS :NE) - INDisSTRAL PUB -PUBLIC FACUTIES FLOM ixEl> PuD-R 11, R RE'IALMJLTAILY PISIDEV17.0.1. VOBIE 14F' - RESinEtrl Ai Si% 3LE. FAAt RSF2 - REL'IDENTIAL St% Cii-E Serving Florida Local Governments Since 1988 2nd S. 111 180 Staff Report Applicant's Name: Loumax Development, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17 -001 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 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: (a -(o-((0 Petition No. 1 7-001- i< Exhibil Fee Paid: q2, J0 CKdL- 1117 Jurisdiction: P3 f' ( e 1St Hearing: I -1Q- /7 2nd Hearing: - 74 7 �en1:2 �e Publication Dates: (lh i 110-0 Fbma Notices Mailed: I- + - I ) j Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): El Cielo Azul Night Club, Inc 2 Owner mailing address: 1319 NW 36th Street, Okeechobee, FL 34972 3 Name of applicant(s) if other than owner Loumax Development, Inc. 4 Applicant mailing address: P. O. Box 5501, Ft. Lauderdale, FL 33310 E -mail address: njmarkus @gmail.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: 120 SW 7th Avenue, Okeechobee, FL 34974 Approximately 2 blocks south of the intersection of SW 7th Avenue and SR 70W west side of NW 7th Avenue. 8 Describe current use of property: The site historically was used as a nightclub. The current owner proposes to use the site as an industrial property. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. There is currently an 11,700 sf building, associated parking and stormwater area onsite. Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: L61-Ac \' n \ r property in a platted subdivision? No, old RR yard property. 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? Yes 13 Describe uses on adjoining property to the North: North: Commercial Building East: Vacant Commercial South: Industrial West: Multi Family Residence/Vacant 14 Existing zoning: Central Bus. Distz I d.Future Land Use classification: Commercial dustrial 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: 2- 21- 37- 35 -0A00- 00004 - 0000,(2- 21- 37- 35 -0A00 -00001 C000, - _J:., .,A n-7 ,r nAnn- nnn /14 Qnnn.., 1 - (Rev 3/5/15) - 11= i /= iS-UKUU- UVUU`I -000U, df1U G -G 1 -oi- - Unvv -000U i -uvvv; -- - i _I I 1--))/1 Page 1 of 11 2 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 Neal Markus /2/ GY 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: Contract for Purchase 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: 5/22/2012 & 3/3/2005 - 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) r 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application arid 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 Neal Markus /2/ GY 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: Central Bus. Dis and IncRequested zoning classification Industrial B Describe the desired permitted use and intended nature of activities and development of the property? The owner wishes to turn the existing building into an industrial space for storage and production of their products. 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 3/5/15) Page 7 of 11 El Cielo Azul Night Club, 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 will be used as an Industrial Facility, which is complementary to the other uses in the vicinity and an extension of existing zoning to the south. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to modify the use of the property is specifically authorized under Industrial zoning. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change would have no effect on the public interest as the property will operate as an Industrial Facility as the property to the south and their existing facility further south on SW 7th Avenue. 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 a nightclub, the future use will be industrial, which is compatible with the adjacent land uses in the area. 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; The use of this facility will change, but there will be no impact to the factors above. 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 is currently developed and landscaped and buffered to the City's Requirements. 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 detention system that currently discharges into the SW 7th Avenue 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, nor the future use has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions. El Cielo Azul Night Club, Inc (Description of requested land use change and reason for request) El Cielo Azul Night Club, Inc currently owns approximately 1.61 acres located in Section 21, Township 37S, and Range 35E. The property's parcel IDs are 2-21-37-35-0A00- 00004 -0000, 2- 21- 37- 35 -0A00 -00001 -0000, 2- 21- 37- 35 -0A00 -00001 -0000, and 2-21 - 37-35-0A00- 00001 -B000. It is currently located in the City of Okeechobee with a current zoning of CBD — Central Business District and Industrial and a FLU of Commercial and Industrial. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning and change it to Industrial. The applicant — Loumax Development, Inc. has a contract to purchase this parcel from the owner referenced above and is planning to use the parcel as he does his other facility — Ecotec to the south for raw material storage, production of their products and storage of the finished product. This application is for the City to grant a zoning on this parcel from the existing Central Business District and Industrial to Industrial. The existing access to this property is from SW 7`h Street from the east. El Cielo Azul Night Club, Inc requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Industrial. City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNE Name of' Property Owner(s): El Cielo Azul Night Club, Inc Mailing Address: calolktiliffliagietzt, Okeechobee, FL 34972 10 ti 5 -f-- 3 o .-......,,A 54- . Hoene Telephone: Work: Cell: Property Address: 120 SW 7th Avenue, Okeechobee, FL 34974 Parcel ID Number 2- 21- 37- 35 -0A00 -00004 -0000, 2- 21- 37- 35- 0A00- 00001 -0000, 2- 21- 37- 35 -OA00- 00001 -0000, and 2- 21- 37- 35 -OA00- 00001 -8000 Name of Applicant: Loumax Development, Inc. Home Telephone: Work: co: 954 -347 -1077 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR DAY OF 20 . HAND AND SEALS THIS el__Lcc , OWNER WITNESS c C.- r it.A.... OWNER Before me the undersigned authority personally appeared the owner(s) named acknowledged before me that they are the owner(s) of the real property described power of attorney for the purpose stated therein. Sworn and subscribed this iii" < (/ v, Notary Publi : , 'I ' SEAL WITNESS above who upon being duly sworn above and that they executed day of 20 the . _v BROOKE .1 ;•; MY COMM�1$S�iQId *�fFt3�2 "r EXPIRES May 21• 201. Commission Expires: /4.A / (Rev 315115) Ion 3634)1S11 iaNatiotvy6.rvcv.aowb Page 5 of 11 Detail by Entity Name Florida Department of Slate tr1 ( }J r! I7Org '�J r�r) `_[Ire, Department of State / Division of Corporations / Search Records / Detail By Document Number / Page 1 of 2 DiJN3IoN OF CORPORATIONS Detail by Entity Name Florida Profit Corporation EL CIELO AZUL NIGHT CLUB INC Filing Information Document Number P12000045716 FEI /EIN Number 45- 5164622 Date Filed 05/16/2012 Effective Date 06/12/2012 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/23/2016 Event Effective Date NONE Principal Address 120 SW 7th Street OKEECHOBEE, FL 34972 Changed: 02/25/2013 Mailing Address 1770 NW 6th Street OKEECHOBEE, FL 34972 Changed: 02/25/2013 Registered Agent Name & Address MEDELLIN, CELIA 1770 NW 6th Street OKEECHOBEE, FL 34972 Address Changed: 02/25/2013 Officer /Director Detail Name & Address Title P MEDELLIN, CELIA 1319NW36ST OKEECHOBEE, FL 34974 http: / /search.sunbiz.org/ Inquiry / CorporationSearch /SearchResultDetail ?inq... 12/14/2016 N CO CO CO CO CO N CO N N N co N N N CO CO CO N W CO W W N N N CO CO no j r,— NN-+ N NN -+-+ -A no ■A ■�A j jN� (77 cn to cn cn Cn O A- C71 t11 cn N cn O Cn -• n Sn IZ CJ CW CO CO C+7 C4 CO -1 6 -1 is is w w 6 is w is co is co w co co Ca 47 W W CO O �! 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''''' IMII 0., . ex, Min .-- , • II k 4 ts t • EL CIELO AZUL NIGHT LOS CLUB INC 1 , DESPERADOS DE OKEECHOBEE I • EL CIELO EL CIELO AZUL NIGHT CLUB INC AZUL NIGHT ‘Z CLUB INC SALRY RR 443 OKEECHOBEE OKEECHOBEE -PLAZA PLAZA 'PROPERTIES NI PROPERTIES- = Okeechobee County Property Appraiser's Office 1 inch = 125 feet 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 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 November 30 2016 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 5 day of Signatur Applicant Neal Markus Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me this � day of c'< rAr)ex --- , GC,k b . Personally known to me or produced C\c-\\fer:.} \c -et , as identification and did not take an oath. Seal: Notary Public, State of Florida ej.,''1!!!‘%. VALERIE MARTIN ,A/ * MY C0MMISSION # FF 897093 1A EXPIRES: July 8, 2019 F Ended ThruEucget Notary Services (Rev 3/5/15) Page 3 of 11 Patty Burnette From: Sent: To: Subject: Steven L. Dobbs - archive < sdobbs @stevedobbsengineering.com> Tuesday, January 03, 2017 10:05 AM Patty Burnette FW: Operational The information below is how the owner said he is going to use the building. -Aritimas+i ' it Herita a infor ion Seevect 4, Dom, 7), S, Steven L. Dobbs Engineering, LLC PLEASE NOTE THE NEW OFFICE ADDRESS OFFICE: 200 NW 5" Street Okeechobee, FL 34972 MAILING: 1062 Jukes Way Okeechobee, FL 34974 Phone: 863 - 824 -7644 Cell: 863- 634 -0194 sdobbs @stevedobbsengineering.com ENGINEERING ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** From: Neal Markus [mailto:nimarkus @gmail.com] Sent: Friday, December 16, 2016 12:00 PM To: Steven L. Dobbs - archive < sdobbs @stevedobbsengineering.com> Subject: Re: Operational 1 plastic caps, steel cans, plastic clam shells, aluminum valves, steel valves, some corrugated. Storage only. On Fri, Dec 16, 2016 at 10:11 AM, Steven L. Dobbs - archive < sdobbs @stevedobbsengineering.com> wrote: Neal, The City is asking for what you are going to be storing /producing in this building. They need to run it by the fire chief, building inspector, planner. This should be the information required when you got your operating permit from the City. Please do not hesitate to call with any questions. Sreveoc d v4, p. S. Steven L. Dobbs Engineering, LLC PLEASE NOTE THE NEW OFFICE AbbrESS OFFICE: 200 NW 5th Street Okeechobee, FL 34972 MAILING: 1062 Jokes Way Okeechobee, FL 34974 Phone: 863 - 824 -7644 Cell: 863 - 634 -0194 sdobbs @stevedobbsengineering.com 2 WAD .'17 C5v5 venom A W C tnz>> co xr cn NmA C�N� j Z Z • coo :1135MfN $NIA1171O 1 N N N CO CA CO to cn MMM D D D D CO WWm J ti xiplimint; to oligilp 111 ;11 t6173 riltij :hitP 041 ;� PX1IN 11.1 91Z 11 I i 1. lit 1 1S N O❑ °O 8'37' W 255.34' o,•v, *uN •u �a$2ocoogi2 :$0 ni51"43°13 °u z r EK woWo-"N Flgo 41 wear RR 9 5 ° ,C a0 1115:.71; . od 77. vo `253a,,o Rt g� °gym m5 a3 o! 5 N; 8,7°1'1. , $ 0,3 0 ova° °. ?w A.m: °° S m p C o 0 0 S o 9 = ;1- o 3 a5°oo s R ar- 2 tn. 8 p3p 'w Q 3 °* x �o $4- an o ca 3n 5 ° o ° v� °v< m o o e 0 o 51 w7 sa ID O 0 CD CO ID w G X 1n r PARCEL "8" 2-21-37-35-0A00-00001-0000 ±0.1 2 ACRES 1 yi 4 V 0 F i *q8 F £Z L5Z oligl fn 1 10 Ir30fYD WN _NpN .� 13/C613 3\5?, post M •9z.z.L0 11 3..60 Z 4 8 Z CO N 1 1 y 5 1 c FAA _ __ �. NLYERt / 00116'3Y• r70.00' _ RAC L5 98 M "`32'£ CULVERT O A° 1 3 8 8. os 4 s DHv 0Hv 0 031 013 N c0'c flndilli Ti Ase,„,2pellEt Rtift, • 1;1111d 11'4 WI �i2 : 1 1 2 Mqq1il!Piri ;I! 11%1 1 !I 1 ii$1/ gq! 11111411 ij 1~ RXLk 10;14 sIIV Iii!;41111 441 S 89 °56 CONCRETE 2 4" E 313110110 14 5.01 m— I. EP II 0 o6da 3 03 "8 111 0 0 0 N lil ,O al .0 c7 4 d m m F f...c. CG 0098'3Y E 130.97 cocc ar nsaH•Lr =CRETE WALK 33.0' 4 ASPHALT ROAD SW 7TH AVENUE I00 0/3 8 OGE 03 ASPHALT ,l 3 •5£I-L° S yd 11 0 n `811179 LLHOIN 07113 ��,.� d / 0 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Loumax Development, Inc. Petition No.: 17 -001 -R (120 SW 7th Avenue) Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -33-i -3366 Serving Florida Local Governments Since 1988 t Property Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R General Information Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address Legal Description of Subje El Cielo Azul Night Club, Inc. 1319 NW 36th Street Okeechobee, FL 34972 Loumax Development, Inc. P.O. Box 5501 Fort Lauderdale, FL ` 33310 120 SW 7th Avenue Okeechobee, FL 34974 Steven L Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Parcel Identification Numbers: 2- 21- 37- 35 -0A00- 00004 -0000 2- 21- 37- 35 -0A00- 00001 -0000 Legal Description: (PARCEL A) PARCEL Itx 2- 21.a1-36 -0.900- 0X00 --06■• A PARCa a LAMA DENO PARCaS 4 4 4 4 AND 4 AS gem, OV row' r PLAN Or LOTS 73LYY1DE N NFOIAt =OR OS 60oi (o RD) 243 PAGES 1.908 17N01. L 1GTb a Fes' PLO Rt OROS OF OICEECNOYEE COMITY, Fi:0RL44. L1? 0 N SWOON 21, TOONSGIP 37 SOCNK R4M J5 E45Z QMEFN ON" FLDROA AAD BEM A MUM Cr NOSE LOOS IRELCRCD N CRW 774 PAX 640 or TIE MUG (RECORDS Dr orrEcHcarc &cum # awt SW MOM DENO DOFF PAR712.1L4RLY t» AS EIXL01*s` colim9A2V AT ME KINCSECTION Cr THE SO777i73LY LW Cf SOUTH PARC Smut AAD TOE EASTERLY MKT CF 114Y ME cF TIE FEC MINER £6ST JEW TRACK F ft TL9VOE SCUM 0773'2r EAST ALAM3 SAO EASTERLY RANT Or W4Y 1341 A DEDth1O' OF 11581 fa-T TO ITE PONT OF DEcro .0 OF 7IE HEWN DESCRIDED PARCEL. SILL PANT EOM TEE HOMIEST COMER Or SAO PARCEL. 1. At NCE SOWN 8275.1.24- EAST ALONG OE HORN LIE F SAD PARCELS 7 MOOCH 4 A DISTANCE C 18140 MET 773 A L1OENER Qr SAD .PARCEL 4 THENCE SOWN 00tira' NESC ALCWC: 77E EAST LAVE Cr 34E) PARCEL 4 A DISTANCE OF 1500 FEET TO A COMER OF SAD PARCEL 5, THENCE & C N N 0 9 1 2 7 7 e 3 A 5 7 ; 4 0 A NAVIN LIVE Or SARI PARCEL 4 .4 DISTOVE 5.41.91 FEET 10 A NOR, EAST CORNER Or SAD PARCEL 4 111010E SCOW 00:133' EAST AL5.' 37E EAST DAVE F SAID PArR1EI. 1 AAO ALG'Xi 11 E' HEST RICHT CF KAY OE Or SW 77N AK A NSTMCE 0r 13406 FEET 70 77E SOUTHEAST CORNER OF UV PARCEL 4. Anise SOUR, 892723' (JEST, ALCM? 77E SMITH CMS OF SAID PARCELS 1 *ROM RY 4 A 0 1i ANX 0 215.31 IEL-T TD TIE SCCIRMES7' CORNER Or SAD PARO L $ MICE At7R7N 071323' IIF.STALO'VC T1E 1IZ:i1 LIE 0`` SAG PARCEL 1. A DISTANCE E OF 1857 FEET 70 DE PONT OF 1 E010 iV^ PARCEL CONTAIN ORS ACRE* AKRE 04 LESS BY CAL.CYCAPON Or 7MS D SO PEON AND OWIR 3 '37'7 PARCEL 13/ 2-21- 37-35 - .400 -00001 -0002. A PAR= Or LAMA L}W0 N SEEACW 21. 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FL(4 7k THENCE NORM NTS8 4' JEST AL0 ' AE IIESERLYEXERSKW OF THE NORTHERLY LIAr OF SAD max L A DISTANCE 0` 3.291217 TPA PONT 51 OE NEST RJCi1T OF NNY LIE Cr THE P. 5 maw? ? £AST TOW TRACK MCI. 4 5447 POINT RENO NE PONT 0'' DEMN1N OF 71E hEREFF D F] ,D PAR= HENCE S00711.1227#0:: EAST SW NESTAGETT 5'sAYL11i .4 457.977E Or 257,¢7 FEET 70 AP0WTQN YComs t/ QF' 77E SOUP7Rrd1TQ"WAYLI'EOrSWTAOImrs0 WOKE SOWN E9M723' VESTALAVG 44D NE5IDXY EVENS= A 05TAFCE 0" 3GHT217£T 70 A PONT QV OE EAST LAE OF A 40 MOT MOE SEABOARD C04SR1VE RAIRO4D PARCEL: 71ENCE Nam 5.1.91'37' VEST ALOAIG LCD FAST LIE A te5174A4SE Cr 21134 FEET' 70 VE Il1ERSEV11W 5071 WE SAID 7IES1ERLYEA7TNsoN or or hg477RR -YLNE 5" SA443 PARCEL 1; meet- SOUTH 8814' FAST, A 0Nowa' Or 501 FEET 70 TIE NWT DI" Dir7i1P/l'Hti; P41101. COMM O12 ACAS MORE ON IE SS BY C47W.4770N 0" 1715 DarNFIrti Serving Florida Local Governments Since 1988 1 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R Request The matter before the Local Planning Agency and City Council is an application for the rezoning of two parcels comprising a total 1.07 acres currently zoned CBD, Central Business District. The main parcel is roughly rectangular and encompasses about 0.95 acre. The smaller triangular parcel to the west contains only 0.12 acre, and is separated from the main parcel by a thin strip of land designated Industrial on the FLUM and zoned Industrial. Both properties are also designated Commercial on the Future Land Use Map (FLUM) and are the subject of a concurrent Small Scale Development Amendment (SSA) to the Future Land Use Map (17- 001 -SSA) to change this designation to Industrial. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Existing CBD, Central Business District Acreage 1.07 acres Proposed Industrial IND, Industrial Raw materials storage; product production; and finished product storage. 1.07 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District xisting_Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Commercial CBD Central Business District. Morgan Furniture Commercial CBD Central Business District Vacant and commercial Industrial IND, Industrial Vacant and Okeechobee Plaza Industrial & strip of Single- family IND, Industrial Vacant Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface 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. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request in not contrary to the Comprehensive plan requirements and will be used as an Industrial Facility, which is complementary to the other uses in the vicinity and an extension of existing zoning to the south." Staff Comment: This rezoning application for both the subject properties (1.07 acres) is being addressed concurrently with the Applicant's request (17- 001 -SSA) for a Small Scale Development Plan Amendment (SSA). Staff has found the proposed change to the FLUM to be consistent with the Comprehensive Plan and has recommended approval. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed request to modify the use of the property is specifically authorized under Industrial zoning." Staff Comment: The Applicant intends to use the property for raw materials storage, product production, and finished product storage. These activities are contemplated under manufacturing, which is included as item (5) in the list of permitted uses. If outdoor storage is intended, it is also allowed under item (9) in the list of permitted uses in the Industrial Zoning District. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property will operate as an Industrial Facility as the property to the south and their existing facility further south on SW 7th Avenue." Staff Comment: We agree that the industrial use of the property will not likely have an adverse effect upon the public interest. While the property to the south is not the typical industrial operation, but more of an industrial strip plaza, it appears as there may be some more typical industrial use behind the plaza building. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel was previously used as a nightclub, the future use will be industrial, which is compatible with the adjacent land uses in the area." Staff Comment: We believe the subject properties are suitably located for industrial use and consistent with land use patterns in the area. The strip plaza -like property to the immediate south of the subject properties carries Industrial FLU and Zoning and appears to be largely occupied by light industrial uses. There is a light industrial use of similar intensity immediately south of this, with heavier industrial use continuing further south. Industrial zoning of the subject properties would represent a slight extension of the existing industrial uses located between SW 7th Avenue and the former railroad spur to the west. This northward extension would not interrupt the more commercial orientation along the south side of SR 70. 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. "The use of this facility will change, but there will be no impact to the factors above." Staff Comment: The proposed industrial use will be reasonably compatible with the developed commercial and industrial uses in the immediate area and should not adversely affect development of nearby vacant commercial and industrial properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The property is currently developed and landscaped and buffered to the City's Requirements." Staff Comment: Do to its proximity to the existing building, it would appear unlikely that the furniture store immediately north of the subject property could be buffered from the proposed manufacturing operation if there is any significant daytime noise associated with the manufacturing process. The Applicant should provide, during the Public Hearing before the Planning Board, a more detailed explanation of the proposed operation and any potential noise or other nuisances that may be associated with the proposed industrial use. Staff will withhold further comment on this question until after hearing the Applicant's presentation. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The past use has not created nor will the future use create a density pattern that would overburden any of the public resources in the area." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. As described in the Staff Report for the Small Plan Amendment, typical Tight industrial, manufacturing and warehousing uses are expected to generate far less traffic and less demand upon utility services than commercial uses. 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 detrirnental impact to the factors stated above. This property has an existing detention system that currently discharges into the SW 7th Avenue ROW there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: As described in the Staff Report for the Small Plan Amendment, typical light industrial, manufacturing and warehousing uses are expected to generate far less traffic and less demand upon utility services than commercial uses. Similarly, no increase in flooding or drainage problems, or any effect upon public safety, is expected. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use, nor the future use has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Recommendation Based on the foregoing analysis, and assuming the Application 17 -001 -SSA to change the land use designation on the FLUM to Industrial is approved, 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. However, if the foregoing amendment to the FLUM was not approved, the rezoning request would be inconsistent with the Comprehensive Plan and should also be denied. Serving Florida Local Governments Since 1988 Staff Report Rezoning Submitted by: Wm. F. Brisson, AICP Sr. Planner Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R January 11, 2017 Planning Board Public Hearing: January 19, 2017 City Council 1st Reading: March 7, 2107 (tentative) City Council 2nd Reading: TBA Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs Serving Florida local Governments Since 1988 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS NW Park T. Milt ,.....-J111111111111•1111111111Por r pr COWRENENSIVE PLAN LIMPID USE I &ROLE MULT - FAM.1.7 al COMMERCIAL ,NDU VIRAL ( PUBLIC FACILThES RES VENT IAL +.,SE 1 P-a-TicbtibR 70- LI Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17-001-R 11111111111111111■1 ZONING SUBJECT SITE AND ENVIRONS L ZONING • - SAESS DrSTRIC- • c„v HEW.? COMERCIAL a CLT - LiT COMAE-RC IAL C100- COM PROFESSIONALC,zz : AL - LITT'S Pi-I1 .XED PUD-R fiWF RESIDENTIALMULTIFAMIL 1^21 RESIDENTIAL UM LE 4,.0t,'S CtS.Ft - RES:DENITIM. SINGLE FAV RSF'2 -8ESZENTIAL SINGLE FAVAL IMMtaMOSONSMSAMMOIIIMIIIIMI■ Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Loumax Development, Inc. Petition No. 17 -001 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988