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2017-05-18122 CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR MAY 18, 2017 PAGE 1 OF 5 AGENDA ACTION - DISCUSSION -VOTE I. CALL TO ORDER — Chairperson. Regular Meeting, May 18, 2017, 6:00 P.M. Chairperson Hoover called the May 18, 2017, regular meeting to order at 6:01 P.M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Board Secretary Burnette called the roll: Chairperson Dawn Hoover Present Vice Chairperson Doug McCoy Present Board Member Elbert Batton Present Board Member Phil Baughman Present Board Member Karyne Brass Present Board Member Mac Jonassaint Present Board Member Les McCreary Present Alternate Board Member Bobby Keefe Present Alternate Board Member William O'Brien Present Board Attorney John R. Cook Absent City Planning Consultant Bill Brisson, Senior Planner Present Board Secretary Patty Burnette Present III. AGENDA — Chairperson. A. Requests for the addition deferral or withdrawal of items on today's agenda by Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's Staff, Board Members or the Public. agenda. There being none the agenda stands as published. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the February 16, Board /Board of Adjustment and Appeals Action for the February 16, 2017, regular meeting. 2017, regular meeting; seconded by Member Jonassaint. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - N/A O'BRIEN - N/A MOTION CARRIED. AGENDA V. UNFINISHED BUSINESS — Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Variance Petition No. 17 -002 -Von February 16, 2017. VI. OPEN PUBLIC HEARING — Chairperson. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17- 002 -SSA, from Single Family Residential to Multi - Family Residential, 0.44± acres, 704 Southwest 6th Street (Exhibit 1). 1. Review Planning Staff Report — recommending approval. 2. Hear from the property Owner or designee /agent — Helio Pereda, President of 110 Marion Road, Inc. 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. MAY 18, 2017 - PLANNING BOARD - PAGE 2 OF 5 123 ACTION - DISCUSSION - VOTE Secretary Burnette read into the record Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers related to Variance Petition No. 17 -002 -V which was received on February 16, 2017, and filed by Board Member Elbert Batton, address 2152 Southwest 18th Lane, Okeechobee Florida, and made a part of the official record filed in the permanent Minute File for this meeting. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17- 002 -SSA, is being requested by the applicant, Mr. Helio Pereda, President of 110 Marion Road, Inc., to change the classification from Single Family Residential (SF) to Multi - Family Residential (MF) on 0.44± acres, located at 704 Southwest 6th Street. Planner Brisson reviewed the Planning Staff Report and explained the application is for a rectangular parcel encompassing about 18,992 square feet of land, and is also the subject of a concurrent Rezoning Petition (17- 002 -R), from Light Commercial (CLT) to Residential Multiple Family (RMF). The applicant intends to use the property for residential rental property. Planner Brisson recommends approval, based on the findings within the Planning Staff Report (listed in Item 5.a.). Mr. Pereda was present and explained his intended use of the property is for a duplex, one side having four bedrooms and two and a half bathrooms and the other side three bedrooms and two bathrooms. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. There were none stated. Planning Staff's findings are as follows: The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. Although vacant, the properties to the immediate North and West of the subject property are designated MF on the FLUM. The property to the South across Southwest 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the West of the childcare center is a Church, which is designated SF on the FLUM and zoned Residential Single Family One (RSF -1). To the Southeast is an elementary school. Although designated SF on the FLUM and largely developed in single - family use, the residential area directly East across Southwest 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi - family use and compatible with surrounding uses. There will be no significant change in traffic levels between the current maximum of two single - family units and the 124 AGENDA VI. PUBLIC HEARING ITEM CONTINUED. A. 5. a) Consideration of a recommendation to the City Council to approve or deny Application No. 17- 002 -SSA continued. b) Board discussion. c) Vote on motion. QUASI- JUDICIAL ITEM: B. Rezoning Petition No. 17- 002 -R, from Light Commercial to Residential Multiple Family, 0.44± acres, 704 Southwest 6th Street, proposed use is for residential rental property (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 17 -002 -R will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — Recommending approval. MAY 18, 2017 - PLANNING BOARD - PAGE 3 OF 5 ACTION - DISCUSSION - VOTE five multi - family units that could potentially be constructed should the application be approved. Based on the Institute of Traffic Engineers traffic generation rates, a single - family home will generate 1.01 trips in the peak hour and a multi - family apartment will generate 0.62 trips. Both the current development potential and that allowable should the amendment be approved will result in an insignificant increase in demand for potable water and sanitary sewer treatment. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. A motion and second was offered by Members Brass and Batton to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 17- 002 -SSA, from SF to MF on 0.44± acres, located at 704 Southwest 6th Street and find it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT - YEA MCCOY - YEA MCCREARY - YEA BATTON - YEA KEEFE - N/A BAUGHMAN - YEA O'BRIEN - N/A BRASS - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for June 20, 2017, 6:00 P.M. Rezoning Petition 17 -002 -R is being requested by the applicant, Mr. Helio Pereda, President of 110 Marion Road, Inc., to rezone from Light Commercial (CLT) to Residential Multiple Family (RMF) 0.44± acres, located at 704 Southwest 6th Street, proposed use is for residential rental property. 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 name and address for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. Chairperson Hoover yielded the floor to Planner Brisson to present the item. He explained the Petition has a related Small Scale FLUM Amendment (No. 17- 002 -SSA). Should the City deny the FLUM change to MF, the rezoning to RMF would be inconsistent and should therefore not be approved. He further explained that currently there is some inconsistencies between the City's FLU and Zoning Maps as the current FLU is SF and the zoning is CLT. Changing both these documents will ensure compatibility between the two. Currently, a single - family dwelling is located on the 18,992 square foot parcel; the previous use was a childcare center, AGENDA VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 2. Review Planning Staff Report — Recommending approval for Petition No. 17 -002 -R continued. 3. Hear from the Property Owner or designee /agent — Helio Pereda, President of 110 Marion Road, Inc. 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. MAY 18, 2017 - PLANNING BOARD - PAGE 4 OF 5 125 ACTION - DISCUSSION - VOTE Member McCoy inquired as to the use of a Migrant Housing Facility at this location. Planner Brisson responded under the RMF Zoning District, a Special Exception would be required for a residential migrant housing facility. There were also minimum requirements that would be needed to obtain the Special Exception. Mr. Pereda was present and available for questions from the Board. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property, and courtesy notices were mailed to nine surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Planning Staffs findings are as follows: The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 17- 002 -SSA be approved. The applicant intends to use the property for multi - family rental property /residences which is a permitted use in the RMF Zoning District. The proposed use will not have an adverse effect on the public interest. The proposed changes to both the FLU and Zoning Maps will ensure compatibility between the two documents, will be compatible with surrounding properties, and will have a positive effect on the surrounding area as well as the public interest in general. Although vacant, the properties to the immediate North and West of the subject property are designated MF on the FLUM. The property to the South across Southwest 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the West of the childcare center is a Church which is designated SF on the FLUM and zoned RSF1. To the Southeast is an elementary school. Although designated SF on the FLUM and largely developed in single - family use, the residential area directly East across Southwest 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi - family use and compatible with surrounding uses. The proposed use would not be expected to adversely affect property values or living conditions on adjacent or nearby properties. The subject property will not require a buffer to the single - family properties across Southwest 7th Avenue. Similarly, no buffering will be needed for the vacant multi - family zoned properties to the East or the childcare center to the South. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area. Should new construction be involved, it will be required to provide drainage for any increase in potential storm water runoff. The proposed use has not been inordinately burdened by any unnecessary restrictions. A motion and second was offered by Members Baughman and Jonassaint to recommend approval to the City Council for Rezoning Petition No. 17- 002 -R, from CLT to RMF, on 0.44± acres, located at 704 Southwest 6th Street, for the proposed use of residential rental property. 126 MAY 18, 2017 - PLANNING BOARD - PAGE 5 OF 5 AGENDA ACTION - DISCUSSION - VOTE VI. PUBLIC B. CLOSE VII. ADJOURNMENT Please by at made, based. ATTEST: HEARING QUASI- JUDICIAL ITEM CONTINUED. 6. b) Board discussion for Petition No. 17- 002 -R. c) Vote on motion. PUBLIC HEARING — Chairperson. — Chairperson. take notice and be advised that when a person decides to appeal any decision made the Planning Board /Board of Adjustment and Appeals with respect to any matter considered this proceeding, he /she may need to insure that a verbatim record of the proceeding is which record includes the testimony and evidence upon which the appeal is to be General Services media are for the sole purpose of backup for official records. `` Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - N/A O'BRIEN - N/A MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for July 18, 2017, 6:00 P.M. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:17 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:17 P.M. Dawn T. Hoover, Chairperson r\ '/CU7i1 M w Patty M. Burnette, Secretary Patty Burnette From: Patty Burnette Sent: Thursday, February 23, 2017 10:06 AM To: 'Bobby Keefe (robert.m.keefe @me.com)'; ' douglas_mccoy @doh.state.fl.us'; 'Elbert Batton ( elbert.platbuilders @gmail.com)'; 'Elbert Batton (embatton @hotmail.com)'; jadthoover @gmail.com'; 'johncook@cityofokeechobee.com'; 'khbrass @live.com'; 'Lmccreary@ceeco.net'; 'Mac Jonassaint (mjonassaint @aol.com)'; 'Michelle Baughman ( bbsitedevelopmentinc @gmail.com)'; 'rbrock @cityofokeechobee.com'; 'skuilhillsteel @yahoo.com'; 'William O'Brien (william,j_obrien @ yahoo.com)' Cc: bill @larueplanning.com; Marcos Montes De Oca (mmontesdeoca @cityofokeechobee.com) Subject: Requirement in regards to February 16, 2017 Planning Board Meeting Attachments: Form 8B Memorandum of Voting Conflict - Planning Board.pdf Good Morning. Attached is Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form that was submitted by Board Member Batton and received by myself as Board Secretary today, February 23, 2017 in regards to Variance Petition No. 17- 002 -V. I am sending this email for your records and information as part of the requirements. Thank you, Patty PaMf fy M. 6 wrfrtzef-te genera(Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, `FL 34974 T 1 863- 763 -3372 ext. 218 Tax: 863 - 763 -1686 e -mail: yburnette @cityofokeechobee.com wefsite: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 2 3 2017 8,Lia FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME 0t'1 ANT oy NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COM EE CkeeC k0 e C.,i 1 y Maim;n ©t.,I- ct ,j MAILING ADDRESS S - S W i p �` { O r� y\e THE BOARD, COUNCIL, COMMISSION, AYTHORITY OR COMMFTT EON WHICH I SERVE IS A UNIT OF: m t'TY ❑ COUNTY ❑ OTHER LOCAL AGENCY .A' CITY 12) : e-e r o ep fJ COUNTY n 1[' eec i _ y�ln e e. C� I` l�1 kM` OF POLITICAL SU DIVISION: / F F b6e DATE N`WHIHIC/H VOTE OCCURRED ((�� % n �Ji I [ Q ©1 `7 i OK e e c� 6 MY PO IT N IS: , ❑ ELECTIVE k APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ►, }-. \ be-'T > cti l , hereby disclose that on 5e.k -uetry f , 20 / 7 : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of f 1 QT 1 yl cL Pe }- a j- ,eh Q o f-- a 1 T/t C , by t whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: y W Dt-ic 1 n w Soh e c• T e VCN 4-1 1b u,\/ e w -r o 1n,©t�ci V,P134ruGLhy l to, , on Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 f Cativl Va+ime) igth -loon 7- 009 V PAGE 2 AM Page 1 of City of Okeechobee Planning Board City Hall, 55 SE r Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes May 18, 2017 I. Call To Order - Chairperson: Chair Hoover called the May 18, 2017, Regular Meeting to order at 101 II. Chairperson, Board Member Staff Attendance - Secretary. p.m. III. Agenda - Chairperson. A. Chair Hoove (asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. NI On e� IV. Minutes - Secretary. A. Board Member )✓ C eo y moved to dispense with the reading and approve the Summary of Board Action for the February 16)2017, regular meeting; seconded by Board Member UV I 1 SCU/1f Discussion: 1 \1 PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy v' Board Member Batton Board Member Baughman ✓ Board Member Brass ✓ Board Member Jonassaint ✓ Board Member McCreary ✓ Alternate Board Member Keefe ►✓ Alternate Board Member O'Brien ✓ Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette III. Agenda - Chairperson. A. Chair Hoove (asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. NI On e� IV. Minutes - Secretary. A. Board Member )✓ C eo y moved to dispense with the reading and approve the Summary of Board Action for the February 16)2017, regular meeting; seconded by Board Member UV I 1 SCU/1f Discussion: 1 \1 gellaW Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN / RFSIJI TS. CARRIFD) DFNIFD V. UNFINISHED BUSINESS - Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Variance Petition No. 17 -002 -Von February 16, 2017. Keod form into ree orc, VI. CHAIR kiier OPENED THE PUBLIC HEARING AT Co .O5 P.M. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17- 002 -SSA, from Single Family Residential to Multi - Family Residential, 0.44± acres, 704 SW 6th Street (Exhibit 1). 1. Review Planning Staff Report - recommending approval. 1I (1 13r1 SSb ✓1 aUr) (1 1L 0,tKrre,ri �'1 �( If'h Cons n9 d.,c aat.czpd kxa I n `2° 11- frc is peg pcc-t5 6�o s �gn � -Fl c u,� fan �"�� �� �as a �la, (e cc re rpova,i v or, s L s-en I- 0 I e vm p. P f ecorn VV%U' s a--� P MINA Page 3 of VI. PUBLIC HEARING ITEM CONTINUED. ct i — Page4of VI. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee /agent - Helio Pereda, President of 110 Marion Road, Inc. Mr. mod. {r,;1 Dames John 1 Mom PM 9 2726 ,ecK b s z h c1 s 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. None. galit Page 5 of VI. PUBLIC HEARING ITEM CONTINUED. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consideration of a recommendation to the City Council to(approve)or deny Application with /without special conditions. Motion and a second offered by brass and to recommend approval /denial to the City Council for Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17- 002 -SSA, from Single Family Residential to Multi - Family Residential, 0.44± acres, 704 SW 6th Street with the following special conditions: b) Board discussion. Nose. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ;✓ McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY \./ KEEFE O'BRIEN RFSLILTS• (ARRIFD DFNIFD JUneao, The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July -1-8, 2017, 6 pm. 1111111001k. Page 6 of VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. Rezoning Petition No. 17- 002 -R, from Light Commercial to Residential Multiple Family, 0.44± acres, 704 SW 6th Street, proposed use is residential rental property (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.. �l[I frts5br 2. Review Planning Staff Report - recommending approval. t)Ui d p YZ4p,f I L/ �. .. . �(I R m is Dm p awlte, aiLtjt re co rneivis Cup 040-00 13n >i15 I om ee_ w /L.. r 06 -P VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. '., Page 7 of CI nit r draft, -f. c.i a i'r'k be 0,49 p eil✓ ° °e Sacred Hear+ is reams - n� Lire lc .1,0 1 N' c �%p't`tU�'1 -NY Wuu,�d ��� � i in `- j-htSo 3. Hear from the Property Owner or dessiiignee/aagr Helio Pereda, President of 110 Marion Road, Inc. hoiht‘tii-cui++\k-e- 111111110 Page 8 of VI. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. IMIN Page 9 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 and 00(1C: to recommend approv denial to the City Council for Rezoning Petition No. 17- 002 -R, from Light Commercial to Residential Multiple Family,1T.44± acres, 704 SW 6`h Street, proposed use is residential rental property. b) Board discussion. Na- -- c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER f McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE V. O'BRIEN RFSIII TS! RRIFD DFNIFD I The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 18, 2017, 6 pm. CHAIR CLOSED THE PUBLIC HEARING AT P.M. VII. ADJOURN - Chairperson. INDEPENDENT NEWSMEDIA INC. USA Okeechobellaqaws 107 SW 17th Stree .,1SuiterD Okeechobee, F1ooia 34974 863 -763 -31\ 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 ttached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Lwow Katrina Elsken Sworn to and s bscribed befo( ,ce me this a— day of 7V1 e 121 i7 AD Notary Public, State of Florida at Large 41 7)1 1 ut 4- J PUBLIC NOTICE CITY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board will conduct a regular meeting on Thar, May 18, 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 axrent Land Devel- opment Regulations submitted by Oty Staff, Board Members, or citizens. The public is invited and encouraged to attend. The agenda may be ob- tained from dtyofokeechobee.com or by calling the General Services Office, 863- 763 - 3372 x9820. ANY PERSON DECIDING TO APPEAL any derision made by the PB with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal win be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to participate 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 provided to the Board Secretary for the Gty's records. By: Chairperson Dawn Hoover 480677 ON 5/12/2017 1DEPENDENT NEWSMEDIA INC. USA •,ti �, Okeechoble0Tews 107 SW 17th SOOe, Suite D Okeechobee, FloriscW4974 863 - 763 -31,4 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 (V---LC. ,'' 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 5/to (7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and scribed bpfore me this /G day of 7ii QC 7 AD U Notary Public, St to of Florida at Large i4 e--L- --2 C(* /1 J fi PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board, as the Local Planning Agency, on Thu, May 18, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL, to consider and receive input on Comprehensive Plan Small Scale Future Land Use Map Amendment Ap- plication #17 -002 -SSA, submitted by Mc. Helio J. Pereda, President of 110 Marion Road, Inc (property owner). The public Is Invited and encouraged to attend. The application may be inspected in Rm 101 during regular business hours, Mon -Fri, 8 AM -4:30 PM, except holidays. Application #17- 002 -SSA requests to change the Future Land Use classifica- tion from Single Family Residential (SF) to Multi- Family Residential (MF) on 0.44 + /- acres located at 704 SW 6th Street. Legal Description: (PARCEL I) COMMENCING AT THE NE CORNER OF BLOCK (BLK) 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK (P8) 5, PAGE (PG) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY FLORIDA; THENCE RUN 5 ALONG THE E BOUNDARY LINE OF SAID BLK 191 & THE W RIGHT - OF -WAY (R -0 -W) LINE OF SW 7TH AVE (OKEECHOBEE AVE) FOR A DISTANCE OF 300.10 FT TO A POINT ON AN EXTENSION W OF SW 6TH ST (THIRD ST); THENCE RUN W ALONG SAID EXTENSION OF SW 6TH ST FOR A DISTANCE OF 200.00 FT FOR A POINT OF BE- GINNING; THENCE CONTINUE W ALONG THE N BOUNDARY LINE OF SW 6Th ST A DISTANCE OF 50.00 FT; THENCE RUN N PARALLEL WITH THE W R-O -W UNE OF SW 7TH AVE A DISTANCE OF 76.17 FT; THENCE RUN E PARALLEL WITH THE N R-O -W UNE OF SW 6TH ST A DISTANCE OF 50.00 FT; THENCE RUN S A DISTANCE OF 76.17 FT TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FL EAST COAST RAILROAD R -O -W & S CURVE STREET, OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH (PARCEL II) COMMENCING AT THE NE CORNER OF BLK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED. IN PB 5, PG 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN S ALONG THE E BOUNDARY UNE OF SAID BLK 191 & THE W R -0-W UNE OF SW 7TH AVE FOR A DISTANCE OF 223.93 FT FOR POINT OF BEGINNING; THENCE CONTINUE 5 ALONG SAID E BOUNDARY LINE OF BLK 191 & THE W R -0-W UNE OF SW 7TH AVE FOR A DISTANCE OF 76.17 FT TO A POINT ON AN EXTENSION W OF SW 6TH ST; THENCE RUN W ALONG SAID EXTENSION OF SW 6TH ST FOR A DISTANCE OF 200.00 FT; THENCE RUN N PARALLEL WITH THE W R -0-W LINE OF SAID SW 7TH AVE FOR A DISTANCE OF 76.17 FT; THENCE RUN E FOR A DISTANCE OF 200.00 FT TO THE POINT OF BEGINNING. LYING IN•AND COMPRISING A PART OF THE ABANDONED FL EAST COAST RAILROAD R -O -W & N CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. A recommendation to approve or deny Application #17 -002 -SSA will be for- warded to the City Council for consideration to adopt at a Final Public Hear- ing TENTATIVELY scheduled for 6 PM, June 20, 2017. ANY PERSON DECIDING TO APPEAL any decision made by this Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. Audio recordings are for the sole purpose of backup Inc official records of the Board Secre- tary. In accordance with the Americans with Disabilities Act (ADA), any per- son with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Ser- vices Office no later than two business days prior to proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Otis records. By: Zoning Administrator Marcos MontesDeOca, #17-002 -SSA 480661 ON 5/10/2017 14DEPENDENT NEWSMEDIA INC. USA ) Okeechobee, News 107 SW 17th Street, Suite D Okeechobee, F" 'c4 34974 863 -763 -3 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertispment_for publication in the said newspaper. Sworn to and bscribed before me this /'6 day of Katrina Elsken P-0 (7 AD Notary Public, State of Florida at Large , ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: god:20, 2020 Bonded Thru Notary Public Utldemilers PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE 15 HEREBY GIVEN that a QUASI- JUDICIAL PUBLIC HEAR- ING will be held before the City of Okeechobee Planning Board on Thu, May 18, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rio 200, Okeechobee, FL, to consider and receive input on Rezon- ing Petition #17- 002 -R, submitted by Mr. Helio J. Pereda, President of 110 Marion Road, Inc (property owner). The public is Invited and encouraged to attend. The petition may be inspected In Rm 101 during regular business hours, Mon -Fri, B AM -4:30 PM, except for holidays. Petition #17 -002 -R requests to rezone 0.44 + /- acres located at 704 SW 6th Street, from Light Commercial (CLT) to Residential Multiple-Family (RMF). The proposed use is residential rental property. Legal Description: (PARCEL I) COMMENCING AT THE NE CORNER OF BLOCK (BLK) 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK (PB) 5, PAGE (PG) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN 5 ALONG THE E BOUNDARY LINE OF SAID BLK 191 & THE W RIGHT - OF-WAY (R -0 -W) LINE OF SW 7TH AVE (OKEECHOBEE AVE) FOR A DISTANCE OF 300.10 FT TO A POINT ON AN EXTENSION W OF SW 6TH 5T (THIRD ST); THENCE RUN W ALONG SAID EXTENSION OF SW 6TH 5T FOR A DISTANCE OF 200.00 FT FOR A POINT OF BE- GINNING; THENCE CONTINUE W ALONG THE N BOUNDARY LINE OF SW 6TH ST A DISTANCE OF 50.00 FT; THENCE RUN N PARALLEL WITH THE W R -0 -W LINE OF SW 7TH AVE A DISTANCE OF 76.17 FT; THENCE RUN E PARALLEL WITH THE N R-O-W LINE OF SW 6TH ST A DISTANCE OF 50.00 FT; THENCE RUN 5 A DISTANCE OF 76.17 FT TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FL EAST COAST RAILROAD R -0 -W & S CURVE STREET, OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH (PARCEL II) COMMENCING AT THE NE CORNER OF BLK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PB 5, PG 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN 5 ALONG THE E BOUNDARY LINE OF SAID BU( 191 & THE W R -0-W UNE OF SW 7TH AVE FORA DISTANCE OF 223.93 FT FOR POINT OF BEGINNING; THENCE CONTINUE 5 ALONG SAID E BOUNDARY UNE OF BLK 191 & THE W R -0-W LINE OF SW 711 AVE FOR A DISTANCE OF 76.17 FT TO A POINT ON AN EXTENSION W OF SW 6TH 5T; THENCE RUN W ALONG SAID EXTENSION OF SW 6TH ST FOR A DISTANCE OF 200.00 FT; THENCE RUN N PARALLEL WITH THE W R-0-W LINE OF SAID SW 7TH AVE FOR A DISTANCE OF 76.17 FT; THENCE RUN E FOR A DISTANCE OF 200.00 FT TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FL EAST COAST RAILROAD R -0-W & N CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. A Public Hearing for a rezoning petition is handled as a "Quasi - Judicial" pro- ceeding, meaning a manner similar to a court, hearing testimony and ques- tioning presenters who provide substantial and competent evidence. A recommendation to approve or deny will be forwarded to the Gty Coundl, TENTATIVELY scheduled for 6 PM on June 20, 2017, (First Reading) and Fi- nal Public Hearing (Adoption) on July 18, 2017. ANY PERSON DECIDING TO APPEAL any decision made by this Board 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 testi- mony and evidence upon which the appeal will be based. Audio recordings are for the sole purpose of backup for official records of the Board Secre- tary. In accordance with the Americans with Disabilities Act (ADA), any per- son with a disability as defined by the ADA, that needs speoal accommodation to participate in this proceeding, contact the General Ser- vices Office no later than two business days prior to proceeding, 863 - 763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board In support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Gty's records. BY: Zoning Administrator Marcos MontesDeOca, 0 17-002 -R 480660 ON 5/10/2017 CITY OF OKEECHOBEE PLANNING BOARD MAY 18, 2017, OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: May 18, 2017, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda by Staff, Board Members or the public. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the February 16, 2017, regular meeting. V. UNFINISHED BUSINESS - Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Variance Petition No. 17 -002 -Von February 16, 2017. VI. OPEN PUBLIC HEARING - Chairperson. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17- 002 -SSA, from Single Family Residential to Multi - Family Residential, 0.44± acres, 704 SW 6th Street (Exhibit 1). 1. Review Planning Staff Report - recommending approval. 2. Hear from the Property Owner or designee /agent - Helio Pereda, President of 110 Marion Road, Inc. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny Application with /without special conditions. MAY 18, 2017 - PB Agenda - Page 2 of 2 VI. PUBLIC HEARING ITEM CONTINUED. A. 5.b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively June 20, 2017, 6 pm. B. Rezoning Petition No. 17- 002 -R, from Light Commercial to Residential Multiple Family, 0.44± acres, 704 SW 6th Street, proposed use is residential rental property (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. 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or designee /agent - Helio Pereda, President of 110 Marion Road, Inc. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 18, 2017. 6 pm. CLOSE PUBLIC HEARING - Chairperson. vu. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. QUASI - JUDICIAL ITEM APR 0 5 2017 3:a pm City of Okeeche General Service 55 S.E. 3" Aver Exhibit 1 Okeechobee, Fli Phone: (863) 76................,, io Fax: (363) 763 -1686 Date: 4.5 -11 Petition No. 17- Q7d- `J'S'I Fee Paid: X50,a3 (' 1{= -5,9,1 Jurisdiction: p(3 E. e C lst Hearing: 5-- I g -1-j 2 "° Hearing: /o _ ac - I it I en1 - Ve [t (14". Publication Dates: Notices Mailed: %l/-P., APPLICATIONS FORS COMPREHENSIVE' PLANFAMENDMEN To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: S} F Verified Zoning Designation: CL 1 Plan Amendment Type: n Large Scale (LSA) involving over 10 acres or text amendment ►�4 Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and /or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 3 ‘'ao Date Signature of C 'kner 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 of 7 Applicaton for Comprehensive Plan Amendment (6/09) L, APPLICANT/AGENT/OWNER INFORMATION= ilomotom Pood,@ . Applicant X04 3LU (o Q- 1 Address Lee cbO to City Zip J ZZ Co IE �'� pe('p dctOADL, c� Telephone Number Fax Number E -Mail Agent* Address City State Zip Telephone Number Fax Number E -Mail 110 MAo■ Owner(s) of Record Address Cow 1 ewe V o6' E L 3 /4 C .12-f City State Zip 3 05 2_2_- CD L# �s o I-V+`s Peize 3,4 o A4 o L -cot-1 Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing inforrnation 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 Page2of7 Applicaton for Comprehensive Plan Amendment (6/09) Its REQUESTED CHANGE (Please see Section'/ Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): --� U Fi rm ��c�e s-n :xy f&s .,de-n-t-i ct,1 --ID IIL PROPERTY SIZE AND. LOCATION OF AFFECTED PROPERTY. (for amendments affectin development' pofentiatofproper% ), A. PROPERTY LOCATION: 1. Site Address: 014 5 U (2 3 I ∎2.e_ T 0 lk-e_e_c: -U obese r- [.--_ 3 i-f q 2. Property ID #(s): R 3 oZ l 3 1-35-00 000,5-10012,C 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 , { 9 2. 6 q C-r- N 2. Total Area included in Request: 1 C q 2_ s sc--1 a. In each Future Land Use (FLU) Category: (1) (2) (3) (4) b. Total Uplands: c. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) 463 -3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: -1 COMMC''(a Cam' 4. Current FLU Category: Yc-9 \e. ' v 1.� 5. Existing Land Use: >> if")C '\C :ccYYV\ 1Nk 'ZeSNO`Q0.--\-\CL` 6. Requested FLU Category " \\) \' \ 'VOEX C \1 g,aS\6e -∎ak MAXIMUM DEVELOPMENT POTENTIAL OF TIIE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU /Acre) Number of Units Commercial (sq. ft.) Industrial (sq. ft.) AMENDMENT' SUPPORT DaCUMENTATIOM At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. 01 p, Wording of any proposed text changes. /2. A map showing the boundaries of the subject property, surrounding street network, and uture Land Useldesignations of surrounding properties. A map showing ;existing land uses} (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 45. Map showing exlsting zoninglof the subject property and surrounding properties. /6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 7. J 8. 1 9. A copy of the deed(s) for the property subject to the requested change. An aerial map showing the subject property and surrounding properties. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. 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) 463 -3372, Ext. 213 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. 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. 671,0 e a.1_1 ru_k_utte) (s),A L-5 k- CA,;;-se 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 AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate dat and anal sis. (k, `-- Lea tie a.s 6o,—, mho roe peA c, - i _ anal C (°1 e evA �-- f FEE SCHEDULE: Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.0 lus $30.00 per acre Text Amendment Flat Fee $2,000.00 each I, (-J e ti 0-1 ' 4 , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the ► . i► - rty during normal working hours for the purpose of investigating and eviluyatin ,j he r- : m s de rough this application. 3 Signature o'Owner or Authorized Agent Date 3— :).12_x,e,JA Typed or Printed Name STATE OF `:' 0 - Oa COUNTY OF �K.eGho be-e_ at The foregoing instrument was certified and subscribed before me this 2 I Sfida Y of MQ rc h 201"7 , by L-L -e i 0 T. ?e �' e d.a , who is personally known to me or who has produced PG 30.330 - lot -2$3.0 as identification. Notary Public State of Florida Christian Nicole Johns ? Q My Commission GG 019282 Expires 08!0812020 Notary Public C ►r 1S4 -ieLn In n.S Printed Name of Notary Public Commission Expires on: Og I b8 I .2 0 D For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 7 of 7 A quiiett TITLE This Instrument Prepared by: J.J. Gullett GULLEfT TITLE, INC. 401 Saint Johns Avenue Palatka, Florida 32177 -4724 Property Appraisers Parcel Identification (Folio) Numbers: 3.21.37.35.0020.02510.0120 11111111111111111 1IL 111111/111 I!I 1 11119 FILE NUM 201600 OR BK 770 PG 673 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA RECORDED 02/02/2016 04:37:30 P11 AMT $85,000.00 RECORDING FEES $18.50 DEED DOC. $595.00 RECORDED BY 11 Pinon P9s 673 - 674; (2 p95) SPACE ABOVE THIS LINE FOR RECORDING DATA SPECIAL WARRANTY DEED THIS INDENTURE made and executed this 29th day of January, 2016 by TD BANK, National Association, existing under the laws of The United States of America hereinafter called Grantor, and 110 MARION ROAD, INC., a Florida corporation, whose post office address is: P.O. Box 453511, Miami, FL 33245, hereinafter called the Grantee: (Wherever used herein the terms grantor" and "grantee" include all the parties to this instrument and the heirs. legal representatives and assigns of individuals. and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Eighty-Five Thousand and 00 /100 ($85,000.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee the following real property situate in the County of OKEECHOBEE, State of Florida, to wit: PARCEL I: Commendng at the Northeast corner of Block 191, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, thence run South along the East boundary line of said Block 191 and the West right -of -way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 300.10 feet to a point on an extension West of S.W. 6th Street (3rd Street); thence run West along said extension of S.W. 6th Street (3rd Street) for a distance of 200.00 feet for a POINT OF BEGINNING; thence continue West along the North boundary line of S.W. 6th Street (3rd Street) a distance of 50.00 feet; thence run North parallel with the West right -of -way line of said S.W. 7th Avenue a distance of 76.17 feet; thence run East parallel with the North right -of -way line of S.W. 6th Street a distance of 50.00 feet; thence run South a distance of 76.17 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad right -of -way and South Curve Street, Okeechobee County, Florida. PARCEL II: Commenting at the Northeast comer of Block 191, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, thence run South along the East boundary line of said Block 191 and the West right -of -way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 223.93 feet for POINT OF BEGINNING; thence continue South along said East boundary line of Block 191 and the West right -of -way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 76.17 feet to a point on an extension West of S.W. 6th Street (3rd Street); thence run West along said extension of S.W. 6th Street (3rd Street) for a distance of 200.00 feet; thence run North parallel with the. West right -of -way line of said S.W. 7th Avenue for a distance of 76.17 feet; thence run East for a distance of 200.00 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad right -of -way and North Curve Street, Okeechobee County, Florida. For identification purposes only„ property address: OREO ID #: o.,..L.77n!D.,elesa7`� FILE #.:G43395 Page 1 of 2 r�i= Mff)n1Fnnnwq Paae 1 of 2 Special Warranty Deed TD Bank n e2of2 704 SW 6th Street Okeechobee, 1 L 34974 Subject to all easement, rights -of -way, exceptions, covenants, conditions, restrictions, encroachments, reservations, encumbrances, access limitations, and all other matters or conditions affecting the Property of record (including all objections Seller has dedined to cure and Purchaser has waived). TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, the members be and appurtenances thereof, the same being, belonging or in anywise appertaining, use, benefit and behoof of the said Grantee, forever in fee simple. AND THE SAID Grantor will warrant and forever defend the right and title to the above - described property unto the said Grantee against the lawful daims and demands of all persons daiming by, through or under the above -named Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above written. Printed Name: ESS Cif C [ &-h Q of$L4✓ Cau Printed Name: Jane &s: TD BANK, National Association By: c. F_ E. Collins, Assistan Vice President PO Box 9540, Portland, ME 04112 -9540 STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE The foregoing inst nt was acknowledged before, the undersigned Notary Public of the State and County aforesaid, this ay of January, 2016 by Katie E. Collins, Assistant Vic the President who personally appeared and proved to me to be the on the basis of satisfactory proof, executed the foregoing instrument on behalf of TD BANK, National Association. WITNESS my hand and official seal at office thisr� day of January, 2016. AA'Ai CY, My Commission Expires: 7. g 1- 40025 OREO ID #: ..rw 'Jinn A 12 nr\rc oO Notar( Public Page 2 of 2 VA14 l�m•y�� r0 My % i =2 Commission OTt/202b •' FILE #.:G43395 Pane 2 of 2 Ronda Department of State • ..---- t I : 1 _ f J_ i r/,E Dep rtmmnt of State / Divisicn of Corooratiens 1 Search Records / Datait S Documant 1Jurnber / Detail by Entity Name Florida Profit Corporation 110 MARION ROAD, INC. Filing Information Document Number P12000049045 FEUEIN Number 81- 2442525 Date Filed 05/29/2012 Effective Date 05/27/2012 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/07/2015 Event Effective Date NONE Principal Address 280 WEST PARK DRIVE, #106 MIAMI, FL 33172 Changed: 01/07/2014 Mailing Address P.O. BOX 453511 MIAMI, FL 33245 Changed: 01/07/2015 Registered Agent Name & Address GREG K GONZALEZ, CPA, P.A. 1450 MADRUGA AVENUE, SUITE 306A CORAL GABLES, FL 33146 Address Changed: 01/07/2015 Officer/Director Detail Name & Address Title P PEREDA, HELIO JOHN 280 WEST PARK DRIVE #106 MIAMI, FL 33172 Annual Reports Y';1y.• u SUBJECT PARCEL 3-21-37-35-6020-02510-0120 100 FT BUFFER IW BEDS COMPILED FTyaurn unit/:utx]Rr_ 9o+o EE Nl FV.w91E RA THE OKEEC OSEE CCOHN OM HMnvRRN£RSOFFIC_ OT wuE N CL 9MH99uTY FOR ERROA4CR CE1■R9O1] MITA.° HEREON Okeechobee County Property Appraiser's Office 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): ' \ 0 �^ rk n Pd 1 NI C Mailing Address: 7 O 4 5 v U4" S I- ree ;4 (�0ecnOb ee, Fa "34514 Home Telephone:36 S Cl an -71y &gWork: Cell: Property Address: `7 04 slr\J L SAT ee_:-t- ck-eech O bee, FL 3ff74 C7 c'D 5 t o -.- a 1 at) Parcel ID Number: 3 -- ,,,...1 •- 3-7 — 35 -- O0a Name of Applicant: `� 4. Cell: �� , d P exec- Home Telephone: 305 qyDs 7i,LjSWork: 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 DAY OF Mat CA 20\11 THEIR HAND AND SEALS THIS c . 0 Uk.AA/0.01 „.../A. (...,,,, O R WITNESS OWNER Before me the undersigned acknowledged before me that power of attorney for the purpose Notary Pub i - l 1 4 authority personally appeared the owner(s) they are the owner(s) of the real property stated therein. Sworn and subscribed • AN ' 4 SEAL named describ this � WITNESS above who upon being duly sworn 4, ..g ove and that they executed the 02 • t .y of (flct r -h 20.l r o Notary Public State of Florida Christian Nicole Johns My Commission GG 019282 Commission • ,i es: O D erg (Rev 3/5/15) Page 5 of 11 Pereda Multi-Family Surrounding Property Owners Future Land Use Exhibit R Multi Family Multi Family Multi Family • „ 34147 35-0020.u2510-0120 110 MARION ROAD INC 0.43dAC 11292016 -485,000 - Multi Family Single Family Residential Single Family tc Family Public Pereda Multi-Family Surrounding Property Owners Current and Use Exhibit 321-37-3543020.02519-0120 110 MAF1ON ROAV NC Q .,13AC 1 1.29 2016' 485.000 -1,1J 0 • 0,23, '.•") . • - em GAN Church „ Private School Public School `44«%1A:Ai" Pereda Multi - Family Surrounding Property Owners Zoning Exhibit Residential Single Family Multi Family Multi Family _,,D2.5 10-f) I_' ": 110 MARION ROAD INC OA36AC 11,2912016 -'185 Residential Single Family Light Commercial Residential Single Family Residential Single Family Public Facilities BOUNDARY SURVEY PREPARED FOR 110 MARION ROAD, INC. QESCRiP770N :• PARCEL C COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE ACCORDING 7O 771E PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN 50U771 ALONG 771E EAST BOUNDARY UNE OF SAID BLOCK 191 AND 7HE VEST RIGHT- OF-WAY LINE CF SW 7771 AVENUE (OKEECHOBEE AVENUE) FORA DISTANCE OF 300.10 FEET 70 A POINT ON AN EXTENSION VEST OF SW 6771 STREET (3RD STREET); THENCE RUN VEST ALONG SAID EXTENSION OF SW 6711 STREET (3RD STREET) FORA DISTANCE OF 200.00 FEET FORA POINT OF BEGINNING 77/ENCE CCW77NUE VEST ALONG 771E NOR771 BOUNDARY LINE OF SW 677/ STREET (3RD STREET) A DISTANCE OF 50.00 FEET, 77/ENCE RUN NORTH PARA / /F7 Nf771 THE VEST RIGHT- OF-WAY LINE OF SAID SW 777/ AVENUE A DISTANCE OF 76.17 FEET,• 7HENCE RUN EAST PARAII F7 Vf77/ 771E NOR7I RIGHT-CF-WAY UNE OF SW 6771 STREET A DISTANCE OF 50.00 FEET, 7HENCE RUN SOU77I A DISTANCE OF 76.17 FEET 70 771E POINT OF BEGINNING L)7NG IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT- OF-WAY AND SOUTH CURVE' STREET, OKEECHOBEE COUNTY; FLORIDA. PARCEL /I :: COMMENCING AT 7HE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE ACCORDING 70 771E PLAT 711EREOF RECORDED IN PLAT BOOK 5 PAGE 5 PUBLIC RECORDS OF OKEFLH08EE COUNTY FLORIDA; THENCE RUN SOUTH ALONG THE EAST BOUNDARY UNE OF SAID BLOCK 191 AND 771E VEST RIGHT-OF-WAY LINE OF SW 7771 AVENUE (OKEECHOBEE AVENUE) FORA DISTANCE OF 22193 FEET FOR POINT OF BEGINNING 7HENCE CON77NUE SOUTH ALONG SAID EAST BOUNDARY LINE OF BLOCK 191 AND 771E if£5T RIGHT-CF-WAY LINE CF SW 7771 AVENUE (OKEECHOBEE AVENUE) FORA DISTANCE OF 76.17 FEET 70 A POINT ON AN EXTENSION VEST CF SW 6774 STREET (3RD STREET); 7HENCE RUN VE'S'T ALONG SAID EX7t7V.S1OW OF SW 6771 STREET (3RD STREET) FOR A DISTANCE OF 200.00 Ftt I,- 7HENCE RUN NORTH PARAI I FT Vf771 711E VEST RIGHT- OF-WAY UNE OF SAND SW 777/ AVENUE A DISTANCE OF 76.17 FEET, THENCE RUN EAST A DISTANCE OF 200.00 FEET TO 77/E POINT OF BEGINNING LYING IN AND COMPRISING A PART OF 771E ABANDONED FLORIDA EAST COAST RAILROAD RIGHT- OF-WAY AND NORTH CURVE STREET, OKEECHOBEE COUNTY, FLOW /DA. PREPARED FOR THE EXCLUSIVE USE OR 110 MARION ROAD, INa ROCIG:7 u13A 4..1..1.1.' SCAM N FEET MAP SCALE. 1 INN - 20 FEET INTENDED DISPLAY SCALE UNPLAT1ED FOLND 5/6' IRON ROD d CAP (5LE0DLE) 00050 5 /6' eta RCa t CAP NUB P50 4620' S R/NT LINE CF 5W 514 5IREET P.O.C. N.E. [CANNER OF MOOT 191 PROJECT SPECIFIC NOTES : 1) UNLESS 5710VN 07HER{ffS& ALL DIMENSIONS ARE DEED(D) AND MEASURED(M). 2) . 7E ADDRESS 704 SW 6771 STREET. 3) PARCEL ID: 3- 21- 37 -35- 002002510 -0120. 4) F.I.R.M. ZOWEt X; MAP NO. 12093C0480C, DA7ED 07/16/15 5) THE DESCRIP77ON SHOW HEREON WAS PROVIDED BY 171E CLIENT OR THE CLIENT'S REPRESENTA771E 6) BEARING REFERENCE. 7HE VEST RIGHT - -0F -WAY UNE OF SW 777/ AVENUE IS TAKEN 70 BEAR SO/771 00178'48" EAST. 7) THIS SURVEY IS NOT INTENDED 70 DEPICT JJR /SD1C77ONAL AREAS OR O7HER AREAS OF LOCAL CONCERN. 8) SURVEYOR WAS NOT PROVIDED Vf711 ANY 7777.E INFORMA770W FOR THIS PARCEL SURVEYOR ASSUMES' NO RE30LWgB /UTY OR LIABILITY FOR 171E ACCURACY OF EASEMENT DIMENSIONS SHOVN HEREON, (HERE MAY BE OTHER EASEMENTS OR RES7RIC77ONS 7714 T EFFECT 771IS PARCEL. 9) 7HE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADD/77ONS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY OTHER 77AN THE SIGNING PARTY Of? PARTIES IS PROHIBITED VIIHOUT VRI77EN CONSENT OF THE S1G7WING PARTY OR PARTIES 10) DA7E OF LAST F7ELD SURVEY. 03/08/12 FENCE COMER EAST( 50.00'(D) 40.70'(0) FENCE CORNER as' 5. OS E. 0- 1(j b g 5 03 x °u""NR =cF C FENCE COINER INPLATTFD m 02 E ❑ - 57.$ ' PARCEL I O O Z S 1- 0 z NET& a4C.O$1RE AROUND MATER NEATER CHA11+1.011C FENCE UNPLAT1ED N 99049'4 " E 249.70'(M) FENCE CORNER aY CONCRE10 CONCRETE CHANLINN FENCE 05.0.11 POLL 1 STORY 001.0510 711 al 9 FENCE CORNER 0.3 H, 006 W. CON0N£1E A TOTAL PARCEL CONTAINS 5 -.0.44 ACRES •A1ER VALVE COVERED CONCRETE - CONCRETE RC°, ORBEWAY PARCEL II MONO Site Rw Roo P.0.8. CAP 'WAS P9.1 4620' (PARCEL 1) ao.co'(D) 40.70'(c) 2Da00' unnTY POLE WESTIDI S 39 °49'42" W 249.70'lM) - ' - -- -- '- DITCH -'- I 3 6 x 625' 623' TELEPHONE PEDESTAL /• EZZUt DETpi r7 DIUEIT POLE 04AINLIN0 FENCE x ( DITCH (ASPHALT ROAD) 70' R/8 SW 6TH STREET ;ASPHALT ROAD) 70' R/M (ASPHALT ROAD) 70 0 R/0 NI MESS COWER 5ET 5/r RON R00 d I CAP 'NAB PS11 •620' .50' OFFSET NORM / ENV ENV err =TIMEX LIMN POLE ON BLOCK COINER ...../. S b 8 e 8 s 42 ENV REVISE LEGAL DESCRIP110N REVISE SE BOUNDARY CORNER BOUNDARY SURVEY 04/24/17 03/10/17 03/06/17 N/A 327/33 327/22 I 3331 KAB KAB KAB DESCRIPTION DWG DATE Fa /PG BY CK SCiLE 1' = 20' DRAW/NO NUMBER: 31076 clIrrT 1 5.r I' LEGEND 0 -Set Iron Rod ond Cap -KAB LS 4820- ■ -Found CM 0 -Found Iron Rod (and Cop) O -Found Pipe (ond Cop) ABBREV1A11ONS @- eaedne 131.1- eenehmorl9 Q=Centm;ne; C.Cdauloted; CA7V =Come TV; Eu= Concrete Monument CONC- Cancels: 0 -Deed; 4 -0dra or Central MgTe; (-East: ElY- Eosterly, E/P -Edge of Pavement ESUT =Easement; F.I.R.M. =Flood Insurance Role Mop; FND -Frond; IP -Iron Pipe 106(C) -1ron Rod (and ID Cop): L-(Arc) Length: M =Measured; MN.Monhde; N =North; NIT =Northerly. NGV(D).Nallond Geodetic Verlied (Oatum) of 1929: NTS -Not to Scale; O4W =overhead Wes; fj, =Properly Llne: P -Plat PC -Pon) of Curvature. PCC -Print of Compound Curvature; PCP. Permanent Control Point; Poe =Poi+) of Begnnng POC =Pont el Commencement; PRC -Point of Rnerse Curvature; PRM- Permonenl Reference Monument PT -Pont of Tangencyy. PU&0.Public 04)91107 ond Drono9a R- 800Dus; R/W=R4r7h) -of -Way. S.South; 55..Soothedy, T- Tangen4 TEL- Tdephone SpOCe c1. S:4d1 Boi W=Wesl; "'STANDARD NOTES: 1. No search of the puulc records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted hero Is prepared exclusively for those parties noted. 3. No responsibility or (lability 1s assumed by the surveyor for use by others not specifically named. 4. Not valid without tho signature and embossed seal of Florida licensed surveyor and mapper 14820. 5. There are no vlslbie above ground encroachments except as shown. 6. No attempt was mode to locate underground Improvements and /or encroachments Of any) as part of this survey. 7. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61017 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (883) 783 -2887 Fax: (883) 763 -4342 Email: kab.twps ®yahoo.com eft ft-1,1z neseNN Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: 110 Marion Road, Inc. Petition No.: 17- 002 -SSA (704 SW 6th Street) `I ? 1 1 Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 X Nafc Wherever Zuiin .5 llsfed Qs RmF and sags - f a r a t y 1 9 ) ( % .ii-a4 i I- shu1,ttd sety Res id.e.ntiQ7hh1ut pti r rLLq Staff Report Applicant's Name: 110 Marion Road, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 002 -SSA General Information Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address 110 Marion Road, Inc. '`y 704 SW 6th Street Okeechobee, FL 34974 Helio J. Pereda 704 SW 6th Street Okeechobee, FL 34974 704 SW 6th Street Okeechobee, FL 34974 Helio J. Pereda 305 - 922 -7645 johnpereda Legal Descri • tion of Subject Pro • ert Parcel Identification Numbers: 3- 21- 37 -35- 0020 - 02510 -0120 Legal Description: PARCEL I: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 300.10 FEET TO A POINT ON AN EXTENSION WEST OF S.W. 6TH STREET (3RD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF S.W. 6TH STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH BOUNDARY LINE OF S.W. 6TH STREET (3RD STREET) A DISTANCE OF 50.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE A DISTANCE OF 76.17 FEET; THENCE RUN EAST PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF S.W. 6TH STREET A DISTANCE OF 50.00 FEET; THENCE RUN SOUTH A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY AND SOUTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA AND Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 110 Marion Road, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 002 -SSA PARCEL II: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 223.93 FEET FOR POINT OF BEGINNING; THENCE CONTINUE SOUTH ALONG SAID EAST BOUNDARY LINE OF BLOCK 191 AND THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 76.17 FEET TO A POINT ON AN EXTENSION WEST OF S.W. 6TH STREET (3RD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF S.W. 6TH STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF SAID S.W. 7TH AVENUE FOR A DISTANCE OF 76.17 FEET; THENCE RUN EAST FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY AND NORTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a rectangular parcel encompassing about 18,992 square feet of land (0.44 acre) currently designated Single - Family Residential on the Future Land Use Map. The proposal is to change the Future Land Use designation of this property to Multi - Family Residential. The property is zoned CLT, Light Commercial and the subject of a concurrent rezoning petition (17- 002 -R) to change the zoning of the property to RMF, Multi- family Residential. 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 Use of Property Acreage Existing Single - Family Residential CLT, Light Commercial Single- family residential 18,992 sf (0.44 ac.) Proposed Multi - Family Residential RMF, Multi- Family Residential Multi- family residential 18,992 sf (0.44 ac.) Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name: 110 Marion Road, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 002 -SSA Future Land Use, Zoning, and Existing Uses on Surrounding Properties North Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Single Family & Multi- Family Residential RMF, Multi - family residential Vacant Single - Family Residential to the east and Public Facilities to the southeast RMF, Multi- family residential to the east and Pub, Public Facilities to the southeast Vacant land to the east and Central Elementary School to the southeast Commercial RMF, Multi - family residential Child care facility Multi - Family Residential RMF, Multi- Family Residential Vacant General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (0.44 acre) 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 Single - Family Residential There is now one single family home on the property. According to the Application, it is a 3,300- square foot, three - bedroom, three -bath structure. The maximum standard density allowable in the Single - Family Residential Future Land Use Category is four units per acre (five if the units qualify as affordable housing). Maximum development potential would be one single - family unit. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 110 Marion Road, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 002 -SSA C. Future Development Potential as Multi- Family Residential The maximum standard density allowable in the Multi- Family Residential Future Land Use Category is 10 units per acre (11 of the units qualify as affordable housing). Maximum development potential would be four multi- family dwelling units. Comprehensive Plan Analysis A. Consistency and Compatibility with Comprehensive Plan and 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. Although vacant, the properties to the immediate north and east of the subject property are designated Multi - Family on the Future Land Use Map (FLUM). The property to the south across SW 61h Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the west of the child care facility is a Church which is designated Single- Family on the FLUM and Zoned RSF1. To the southeast is the Elementary School. Although designated Single - Family on the FLUM and largely developed in single - family use, the residential area directly east across SW 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi- family use and compatible with surrounding uses. B. Adequacy of Public Facilities Traffic Impacts There will be no significant change in traffic levels between the current maximum of two single - family units and the five multi - family units that could potentially be constructed if the Future Land Use change is approved. Based on the Institute of Traffic Engineers (ITE) traffic generation rates, a single - family home will generate 1.01 trips in the peak hour and a multi - family apartment will generate 0.62 trips. Obviously, one single - family home and four multi - family apartments will generate little traffic (about 1 trip in the peak hour for the single - family home just 2.5 trips in the peak hour for the multi - family units. Demand for Potable Water and Sewer Treatment Both the current development potential and that allowable if the amendment is approved will result in a negligible increase in demand for potable water and sanitary sewer treatment. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 110 Marion Road, Inc. Petition No. 17- 002 -SSA C. Environmental Impacts As an existing developed site, the site contains no environmentally sensitive areas, wildlife habitat, unsuitable soil conditions or unusual susceptibility to flooding. Recommendation Based on the foregoing analysis, we find the requested Multi - Family 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 Multi - Family on the City's Future Land Use Map. Submitted by: Wm. F. Brisson, AICP Planning Consultant May 4, 2017 Planning Board Hearing: May 18, 2017 City Council Public Hearing: June 20, 2017 (tentative date) 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: 110 Marion Road, Inc. Small Scale Comprehensive Plan Amendment Petition No. 17- 002 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE 1 SENILE - FAMILY MULTI • FAMILY COMMERCIAL tND+J yT!�"IAL oUBLIC FACIL1TtE RES;DENTIALMIxED _ E Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 110 Marion Road, Inc. Petition No. 17- 002 -SSA ZONING SUBJECT SITE AND ENVIRONS 251 197 ZONING • CEO - COMM BUSINESS DISTRIf' CHV • HEAVY COMMERCIAL CLT - LIGHT COMMERCAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING ND - INDuSTRIAL PUB • PUBUC FACILITIES PUD•MiXED PUD -R . RMF RESIDENTIAL MULT;FALiILr RMH - RESIDENTIAL MOBILE HOME RSF • RESIDENTIAL SINGLE FAMiL• P.SF2 • RES'DEN- IALSINGLE FA.v 196 232 231 235 236 237 fti Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 110 Marion Road, Inc. Petition No. 17- 002 -SSA EXISTING LAND USE SUBJECT SITE & ENVIRONS Serving Florida Local Governments Since 1988 C:ty General 55 5.E. Okeechobee, Phone: Fax: of Okeechia n 5 9ni Date: L-I- 5- 1-7 Petition No. ) 7- ()OA ... R Services Depavftme .fy� _ 3rd Avenue, ' Rork (863) 763-2 Exhibit 2 (863) 763-168 Fee Paid: 20,00 Uif ,Z--/ Jurisdiction: p r3 C.C. 1st Hearing: 5_1(e_17 2nd Hearing: (0-,Q6 Publication Dates: p8: 14/3010(5-iiehq 68: -117ilifnia-hve, Notices Mailed: 5-3-Iq . Rezone, SpecialException and Variance ... . APPLICANT INFORMATION 1 Name of property owner(s): 1 10 MA-g-0 0 RD/3 D .:„_ck3c..- a 2 Owner mailing address: 4 014 _ 1.0 G 3T J4o k V-2— 3 L4 c( -1 3 Name of applicant(s) if other than owner “e___ t CO 3 P€ R_e_diel 4 Applicant mailing address: 4(94 __SW Cp.6--c— oi!--Pe-ti-obee -FI-- 1-ict:Ilf E-mail address: \ oil vdPeP-ed oN 0 Pt- &IL , COM 5 Name of contact person (state relationship): u_e 4- 0 _a-- pete_ed ick 6 7 Contact person daytime phone(s): Property address/directions to property: 74- 04 5 ( _I) Co 3 (3. 2 e__ , _ . PROPERTY INFORMATION '31-f-Ce44 —CM--C C.9-Q__-(-1c-OLe_-42_-C1-- 8 Describe current use of property: . i _3'14N2 L e -PA MI I--- k e.6)-dekU e, 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. zc_)D- 6 e-32 -c9E75€--- i9=t, Id 3 "kpe3 tqc7c4,4_ ••• tocri-14-, ( ev-e_es-1;.o bze_ 0-1.:,-11. A/0N4921-(N) Soikee of potable water: -,- -y- Method of ewage disposal: .4---le__.---cia1/4-r..) 10 Approx. acreage: , ii No Is property in a platted subdivision? No 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: NO . 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: East: South: West: 14 Existing zoning: '49114,- atanec6Future Have therebVT any prior rezoning, property? g No ( )Yes. If ( 1 ti Land Use classification: 15 special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3 - 0 1 - 3 4 - 3 ."--- 0c9 7-ro - oz 510 —oi Z.0 (Rev 09/14) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Printed Name Date i -k(;,0 Pied A- ,10 c �- For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: ®lJYler 19 Non - refundable application fe Rez ping: $850 Ius $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: �� bV a 01 p( (c. 21 1 Notarized letter of consent from property owner (if applicant is different rom property owner) ,1 22 Three property surveys (one no larger than 11x17) containing: (a. Certified boundary survey, date of survey, surveyor's name, address and phone number I' b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre / 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 N(>• 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. Printed Name Date i -k(;,0 Pied A- ,10 c �- For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A -REZONING Current zoning classification: yy-1 a uested zoning classification .` B Describe the desired permitted use and intended nature of activities and d velopment of the-property?_ � psi , —N�At l_. / Q le C Is a Special Exception necessary for your intended use? ( • No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? (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. Ajo i LS /Qse o1 3, lZ - P,�►t ! PAAe eit e S f () L- t GA Avti IwhI 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. c(03(.1 4/1.3 14 ( 3. The proposed use will not have an adverse effect on the public interest. 1_ 17Jp ( e • 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. a( ;� N1Uv- .veils Lam, ,, 4-� 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. NI V ( j ttcvte e+zA L (Rev 09/14) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services A1D 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. v1 �o 9. The proposed use has not been inordinately burdened by unnecessary restrictions. AI D The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 A TITLE This Instrument Prepared by: J.J. Gullett GULLETT TITLE, INC. 401 Saint Johns Avenue Palatka, Florida 32177 -4724 Property Appraisers Parcel Identification (Folio) Numbers: 3.21.37.35.0020.02510.0120 11111111111111111 1ILL 111111111111 9 FILE MUM 2016000 OR BK 770 PG 673 SHARON ROBERTSON' CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY' FLORIDA RECORDED 02 /02/2016 04 :37:30 PM ACTT $85'000.00 RECORDING FEES $18.50 DEED DOC. $595.00 RECORDED BY h Pinon P9s 673 - 674; (2 P9s) SPACE ABOVE THIS LINE FOR RECORDING DATA SPECIAL WARRANTY DEED THIS INDENTURE made and executed this 29th day of January, 2016 by TD BANK, National Association, existing under the laws of The United States of America hereinafter called Grantor, and 110 MARION ROAD, INC., a Florida corporation, whose post office address is: P.O. Box 453511, Miami, FL 33245, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Eighty-Five Thousand and 00/100 ($85,000.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee the following real property situate in the County of OKEECHOBEE, State of Florida, to wit: PARCEL I: Commendng at the Northeast corner of Block 191, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, thence run South along the East boundary line of said Block 191 and the West right -of -way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 300.10 feet to a'point on an extension West of S.W. 6th Street (3rd Street); thence run West along said extension of S.W. 6th Street (3rd Street) for a distance of 200.00 feet for a POINT OF BEGINNING; thence continue West along the North boundary line of S.W. 6th Street (3rd Street) a distance of 50.00 feet; thence run North parallel with the West right -of -way line of said S.W. 7th Avenue a distance of 76.17 feet; thence run East parallel with the North right -of -way line of S.W. 6th Street a distance of 50.00 feet; thence run South a distance of 76.17 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad right -of -way and South Curve Street, Okeechobee County, Florida. PARCEL II: Commencing at the Northeast comer of Block 191, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Horida, thence run South along the East boundary line of said Block 191 and the West right -of -way line of S.W. 7th Avenue (Okeechobee Avenue) for distance of 223.93 feet for POINT OF BEGINNING; thence continue South along said East boundary line of Block 191 and the West right -of -way line of S.W. 7th Avenue (Okeechobee Avenue) for a distance of 76.17 feet to a point on an extension West of S.W. 6th Street (3rd Street); thence run West along said extension of S.W. 6th Street (3rd Street) for a distance of 200.00 feet; thence run North parallel with the West right -of -way line of said S.W. 7th Avenue for a distance of 76.17 feet; thence run East for a distance of 200.00 feet to the POINT OF BEGINNING. Lying in and comprising a part of the abandoned Florida East Coast Railroad right -of -way and North Curve Street, Okeechobee County, Florida. For identification purposes only, property address: OREO ID #: Page 1 of 2 1-1 _ _ a _ » r\ 1 r. _ _ . _ r` -7 n r-s k 1 _IA n w rs r r\ n n FILE #.:G43395 r,___ A _r n Spedal Warranty Deed TD Bank Page 2 of 2 704 SW 6th Street Okeechobee, FL 34974 Subject to all easement, rights -of -way, exceptions, covenants, conditions, restrictions, encroachments, reservations, encumbrances, access limitations, and all other matters or conditions affecting the Property of record (including all objections Seller has declined to cure and Purchaser has waived). TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee, forever in fee simple. AND THE SAID Grantor will warrant and forever defend the right and title to the above - described property unto the said Grantee against the lawful daims and demands of all persons daiming by, through or under the above -named Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above written. Printed Name: C. fto/ C firh /"P'J✓ V SS �% A (^ Printed Name: (Janie lam- 6 Sc STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE TD BANK, National Association By: 2 Katie E. Collins, Assistanif Vice President PO Box 9540, Portland, ME 04112 -9540 The foregoing inst was acknowledged before, the undersigned Notary Public of the State and County aforesaid, this of .January, 2016 by Katie E. Collins, Assistant Vice President whom personally appeared and proved to me to be the on the basis of satisfactory proof, the person who executed the foregoing instrument on behalf of TD BANK, National Association. WITNESS my hand and official seal at office this My Commission Expires: - G1 i ? a25 iN --day of January, 2016. OREO ID #: FILE #. :G43395 Page 2of2 r�C1■14+On nnnn)n -r City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Ci Name of Property Owner(s): `l 0 \\.AQ,i 1 DO QA I C Mailing Address: —7 Di--i SW Loth S e-e-± (AetGh beeI FL , 3(--1 91 '-k Home Telephone: 30 5 `ia`. 7t.oy%Work: Cell: Property Address: 1D4 11\l &A1 C kTP�k O' e'Lh b b ee FL 3Lierki Parcel ID Number: 3 y al - 3 7" 35 - 0 n Q 0 -- G.a S t O -pia_ (b Name of Applicant: -Fc 11 d J Per, da Home Telephone: 30 S G Dra -7041SWork: Cell: 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 WH REOF THE jowl! . ' SIGNED HAVE SET THEIR HAND DAY OF'Ma 20 AND SEALS THIS CTh \A:vvolly IFF of1),_,L„i _AWE I s , WITNESS 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 WITNESS above who upon being duly sworn ove an . at they executed the day of 11 ILA YC 2012. Notary Public State of Florida Christian Nicole Johns My Commission GG 019282 Expires 08/08/2020 �� SEAL Notary Publ t�� A._�. 1. �' Commission • : • es: 0 • O1. L wn (Rev 3/5/15) Page 5 of 11 1 Detail by Entity Name Florida Department of State JS' /i`iICJ!; Jf Department of State / Division of Corporations / Search Records / Detail By Document Number / Page 1 of 2 DIVISION OR CORPORATIONS Detail by Entity Name Florida Profit Corporation 110 MARION ROAD, INC. Filing Information Document Number P12000049045 FEI /EIN Number 81- 2442525 Date Filed 05/29/2012 Effective Date 05/27/2012 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/07/2015 Event Effective Date NONE Principal Address 280 WEST PARK DRIVE, #106 MIAMI, FL 33172 Changed: 01/07/2014 Mailing Address P.O. BOX 453511 MIAMI, FL 33245 Changed: 01/07/2015 Registered Agent Name & Address GREG K GONZALEZ, CPA, P.A. 1450 MADRUGA AVENUE, SUITE 306A CORAL GABLES, FL 33146 Address Changed: 01/07/2015 Officer /Director Detail Name & Address Title P PEREDA, HELIO JOHN 280 WEST PARK DRIVE #106 MIAMI, FL 33172 http: / /search.sunbiz.org/ Inquiry / CorporationSearch /SearchResultDetail ?inqui... 4/5/2017 M O M O M O W N 0 0 0NON 0)ONON('')700 Q 7 0 7 7 0 7 0 7 N 0 0 0 6) O 7 M M 7 0) 7 7 M M M a N. v 0 rn 0) v rn rn 0)v v N N 0 7 7 7 M 7 7 7 M M 0)0)0) M M M M M M M M ▪ J J J J J J J J J _J J J V) LL U.. lL LL LL LL LL LL LL LL LL LL co Z W w 0 n Q a Z Y C7 W W W W 0) W W W 0 U) ice 2 W W W w W W W W W W Q U m m m m LL' m m m w L—;11 4 .300000000o w m U U U U Z U U U Z Z F w W W W W W W W w W Z J W W W W W W W W W W Q Y Y Y Y CL Y Y Y W CC 3 m 0 0 0 O O O O O O O N 0) W CC oO mmc 0 a o = ,"i co x mw, O M 1- N (1) a» °m• W u) F FH (1W 0 - t0 =O0 U) %W Z 7HZZ W ` W }UWW • U 00• 0 O 2 c H -1O =1- -1-1 O M= U= W U U w Q O x ij U m= D U U Z� =°:X W V)Z W W U— O >g >DQgg 0FW,mcowO72ww M a LL .W d (0 o CO 7 o 0 608 HARBOUR POINTE WAY as W W F- Z_ Z_ 00 as wm n00 X W W mii O W M m O °m 0 cc Oca`�a coU 06-J<< J= W�WSJ" OOJOu <-1�j ccm W 4iwY W OFQ-�J • moU <O�2 mE2� z 00 m Q J w W Q W W cc w= 0< Z 06 U a q Z m O (� J 0 O J Z Z O ��7 _ µ Y ± UdOW0 L 0 W W 0} 0 , W O • w- J ':^. mw -W LL' W O Om�p cr U = a O Y C) O Y Q OZ d 00. 00<Ox.cn c1)a(h _i t ° 0 0 0 0 0 0 0 0 0 0 0J ° O o N 7 ° M °°oo oo°oOO L_i W000000000000 i-i- M o 0 0 0 0 0 0 m 0 N N N N 0 0 0 N N -r' z999999999999 L. J O 0 0 0 0 0 0 0 0 0 0 0 w N N Q Q O O O O O O O Q 0 O (J O O O O O O O O O O O O O to t1') M (0 M Q c`, 0) M M M M M M M M 0) M a r. r-. r N - r- n r= N- N- N. r-. r- M M M M M M M M M M M C?) c- 6 6 N N �-- N N S N N M C) C) M M 0) c') N M 0) Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of L�i,�4.,J 1 A Ctr`k 20 2017 P Y pp Y 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 2- 8 day of N'\Ctwch Zot 3 2! aO Signature of A licant Date 1 o Vefz--eato, Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 2 Si- day of \\A O if _ , 1 r . Personally or produced "P Lc 30 33 O LQI Z.S3 O as identification and known to me did not take an oath. '14ot6ry Public, State of F (Rev 09/14) Seal: ram Pot. Notary Public State of Florida Christian Nicole Johns if My Commission GG 019282 of nd` Expires 08/08/2020 Page 3 of 11 ° ; "9Lw or •.- " l.P•ps•whwATaf/k1r., ^,,Ny., • ',Ati;l>e I i ifr ' ir, s I • Ed SPRADLEY RUTH G b NEMEC GAUL L 121.37- 50010025100130 PRADLEY RUTH G & NEMEC GALE '- - 15-37- 3500100191000I0 ¢Q SUBJECT PARCEL 3-21-37-35-0020-02510-0120 A CHILE'S WORLD CHILDCARE b 3.21.37- 50020025100010 MIS MAP HAS SEEN COMPILED THE MOST WiHDITIC FROM ORMATC00038PBLE RID THE OMEECHOBEECOUHtt PROPERTY APPRAISERS OFFICE DOES 1I07 ASSUME RESPONSIBILITY G. ERRORS OR OMMIROIIS COMM. HEREOV Okeechobee County Property Appraiser's Office BOUNDARY SURVEY PREPARED FOR 110 MARION ROAD, INC. QESCRIP77ON :• PARCEL I. COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, CKEEOIIOBEE; ACCORDING 70 771E PLAT THEREOF RECORDED IN PLAT BOOK 55 PAGE 4 PUBLIC RECORDS OF OKEECHOBEE COUNTY FLORIDA; THENCE RUN SOUTH ALONG 771E EAST BOUNDARY UNE OF SAID BLOCK 191 AND 771E HEST RIGHT- OF-WAY LINE OF SW 7771 A l £NUE (OKEECHOBEE A 145VUE) FOR A DISTANCE OF 300.10 FEET 70 A POINT ON AN EXTENSION KEST CF SW 6771 STREET (3R0 S7REEly THENCE RUN HEST ALONG SAID EXTENSION OF SW 6711 STREET (3RD STREET) FORA DISTANCE OF 200.00 FEET FORA POINT CF BEGINNING: THENCE CON77NUE HEST ALONG 771E NORTH BOUNDARY LINE OF SW 6771 STREET (3RD STREET) A DISTANCE OF 5000 FEET, THENCE RUN NORTH PARA/ 1 F7 Hf771 771E HEST RIGHT-OF-WAY UNE OF SAID SW 7771 AVENUE A D /STANCE OF 76.17 FEET, THENCE RUN EAST PARALLEL Hf771 771E NORTH RIGHT- OF-WAY LINE OF SW 6771 STREET A DISTANCE OF 50.00 Ftt 7; THENCE RUN SOUTH A DISTANCE OF 76.17 FEET TO 771E POINT OF BEGINNING LYING IN AND COMPRISING A PART OF 771E ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AND SOUTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. PARCEL /L• COMMENCING AT 7HE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE ACCORDING 70 771E PLAT THEREOF RECORDED IN PLOT BOOK 4 PAGE 4 PUBLIC RECORDS Cr OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG 771E EAST BOUNDARY UNE OF SAID BLOCK 191 AND 771E HEST RIGHT-OF-WAY LINE OF SW 7771 AVENUE (OICEECIICBEE AVENUE) FORA DISTANCE OF 22193 FEET FOR POINT OF BEGINNING. THENCE CONTINUE SOUTH ALONG SAID EAST BOUNDARY UNE OF BLOCK 191 AND 771E HEST RIGHT-OF-WAY UNE OF SW 7771 AVENUE (OKEECHOBEE AVENUE) FORA DISTANCE OF 76.17 FEET 7D A POINT ON AN EXTENSION HEST OF SW 6771 STREET (3R0 STREET); THENCE RUN HEST ALONG SAID EXTENSION OF SW 6771 STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET THENCE RUN NORTH PARALLEL WIN 771E HEST RIGHT-OF-WAY UNE OF SAID SW 7771 AVENUE A DISTANCE OF 76.17 FEET,• THENCE RUN EAST A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING LYING IN AND COMPRISING A PART OF 771E ABANDONED FLORIDA EAST COAST RAILROAD RIGHT- OF-WAY AND NORTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. PREPARED FOR THE EXCLUSIVE USE OR 110 MARTEN ROAD, INC Th tulialmaelauLuaLf galE N FEET YAP SCALE: 1 wen - 20 FEET INTENDED DISPLAY SCALE UNPLATIED E 10 10 0 O Z 2 1- z UNPLATTED FOUND 5 /e'MEN ROD & vP (RLEOSU) 50.00'(0) 49.70'(C) FENCE CORNER S 0.3' E a FENCE CORNER 02 E - 51.1' - auxLINN namt PARCEL I x FOUND 5/0' 009 R00 P. ❑.B. & CAP 'I4AB PSU 4020' (PARES. I) 00.00'(0) 40.70'(C) 31XSTAC -.J T (1000101 ROW) T0' 0/V 00000 5/8' WON ROD 0 CAP '108 PSU 4020' COHOREIE _S_RCILLIE 6 SW 519I STREET- P.O.C. 00. CORNER Or BL00t 191 PROJECT SPECIFIC NOTES: 1) UNLESS ,10HN 07HERHfSE; ALL DIMENSIONS ARE DEED(D) AND MEASURED(M). 2) SHE ADDRESS 704 SW 6771 STREET. 3) PARCEL ID: 3- 21- 37 -35- 002002510 -0120. 4) F.I.R.M. ZONE XI MAP NO. 12093C048tX DA7ED 07/1645 5) 771E DESCR/P77LW S7101411 HEREON WAS FRONDED BY 771E CLIENT OR 771E GYIENrS REPRESENTATIVE: 6) BEARING REFERENCE THE HEST RIGHT- OF-WAY UNE OF SW 7771 AVENUE IS TAKEN 70 BEAR 50/177/ 00'7848' EAST 7) THIS SURVEY IS NOT INTENDED TO DEPICT JJR /SD1C77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 8) SURVEYOR WAS NOT FRONDED Hf771 ANY 7177_E /NFCRMA77 N FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR 771E ACCURACY OF EASEMENT DIMENSIONS SHORN HEREON, (HERE MAY BE OTHER EASEMENTS OR RES7R /C77CNS THAT EFFECT THIS PARCEL. 9) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL UABUTY INSURANCE ADDITIONS OR DEZE710WS 70 SURVEY MAPS OR REPORTS BY 07HER 77/AN 771E SIGNING PARTY OR PAR77ES IS PROWIBl7ED Hf7HOUT HR/T7EN CONSENT OF 1HE SIGNING PARTY OR PARTIES 10) 0,47E OF LAST F7ELD SURVEY: 03 /0847. FENCE CORNER EAST)p) N CNAo4PM FENCE METAL 010.0910E AROUND AID: NEATER 09.09E1E 1161 UNPLAT)ED B9 °49'470" E 249.70'0710 „ [441(0010 FENCE FENCE CORNER 02' N. ?0000' una.n. Par CONCRETE 1 sTORT 1nISDWO fi b CON0ETC TOTAL PARCEL CONTAINS ±0.44 ACRES wA119 VALVE COVERED CONCRETE 2av F- C0.101 ROCK OR)50AY PARCEL 11 4l N 825' FENCE CORNER a 0 I N I lD ) ❑1 pl o! NI 01 • 5 w z Z w S 1- r mi 108N0NE PEDESTAL CNAINUNK FENCE x UIUITY POLE 2D000' WEST(DI 5 S9 °49'42" W 249.70'(M) DIMS 0190045 COINER SET 5/0' WON R00 d I CAP -KM P01 .e20' 1.50' OFFSET NORM / EONC0E0 OTUTY KU ON BLOOM 00001 i DITCH -SW fiTH STREET (ASPHALT ROAD) 70' R/0 (ASPHALT ROAD) 70' 9/9 •8 4 040 r REVISE LEGAL DESCRIPTION REVISE SE BOUNDARY CORNER BOUNDARY SURVEY 04/24/17 03/10/17 03/06/17 N/A 327/33 327/22 WC WC WC 1 KAB KAB KAB DESCR /P710N DWG. DATE fH /PG BY CK SCALE 1' = 20' DRI W/NG NUMBER: 31076 WATT 1 nr 1 LEGEND 1 0 -Set Iron Rod and Cop 'KAB LS 4820" 0-Found CM • -Found Iron Rod (and Cop) O -Found Pipe (ond Cop) ABBREVIATIONS @aeaadinn AU.BenUOnmlc fc =Cen(eAfne: C=ColoNated; CATV =Came TV; Cu= Concrete 010009 01:' CONE - Concrete; 0 -Deco; A -Dello w Central Mgle: E -East: ELY.Eusledy, E/P.Edge of Pavement: ESUT =Eosemenl; F.1.R.U. =flood Insuronee Role Uap; END. Found: IP -Iron P/00 IR&(C) -Lm Rod (and ID Cop); L -(Arc) Length: U.Ueosured; UH.Uanhole; N =North; NLY=Noothedy. N0V(D).Nal0Ond Geodetic Verticd (Datum) of 1929; NT5 -Nal la Scale: OHW =Overhead Wee= It =Properly Lee'. P -Plot PC -Pont of Cuevolure: PCC -Pont of Compound Curvolum PCP - Permanent Control Pant; POB.Pont of Begnnng: POC.Pont of Commencement: PRC -Point of Reverse Cuneoture: PRU- Permanent Reference Nomment; PT -Pont of Tangencyy. PUTA.Pu1IIC 9111)17 ond Oralnoge: Ft-Radius: R/W.RIght -of -Way. 5 -5000; SlY.Southcrly, T.Tongenl; IEL.Tdephone Spike or 5.iteh Bog W =West; 'STANDARD NOTES: 1. No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted here Is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. 5. There are no vlslble above ground encroachments except as shown. 6. No attempt was made to locate underground Improvements and /or encroachments (If any) as part of this survey. 7. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61617 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. 'RADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (883) 783 -2887 Fax: (883) 763 -4342 Email: kab.twps @yahoo.com / r 5 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: 110 Marion Road, Inc. Petition No.: 17 -002 -R (704 SW 6t" Street) 11 ± Planning & Management Services, Inc. ;1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 - 1-No+e; TV fife ver t ICSiett as RniF and Vats - =eura y &sidrr i i f shams UcL 1 tsitIen•h a-I li1,u t.-h p k, Fkritib y Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R General Information Owner Applicant Site Address Contact Person Contact Phone Number Contact Email Address 110 Marion Road, Inc. 704 SW 6th Street Okeechobee, FL 34974 Helio J. Pereda 704 SW 6th Street Okeechobee, FL 34974 704 SW 6th Street Okeechobee, FL 34974 Helio J. Pereda 305 - 922 -7645 johnpereda @aol.com Legal Description of Subject Property Legal Description: Parcel Identification Number: 3- 21- 37 -35- 0020 - 02510 -0120 Legal Description: PARCEL I: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 300.10 FEET TO A POINT ON AN EXTENSION WEST OF S.W. 6TH STREET (3RD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF S.W. 6TH STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE WEST ALONG THE NORTH BOUNDARY LINE OF S.W. 6TH STREET (3RD STREET) A DISTANCE OF 50.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE A DISTANCE OF 76.17 FEET; THENCE RUN EAST PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF S.W. 6TH STREET A DISTANCE OF 50.00 FEET; THENCE RUN SOUTH A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY AND SOUTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA AND Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R PARCEL II: COMMENCING AT THE NORTHEAST CORNER OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID BLOCK 191 AND THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 223.93 FEET FOR POINT OF BEGINNING; THENCE CONTINUE SOUTH ALONG SAID EAST BOUNDARY LINE OF BLOCK 191 AND THE WEST RIGHT -OF -WAY LINE OF S.W. 7TH AVENUE (OKEECHOBEE AVENUE) FOR A DISTANCE OF 76.17 FEET TO A POINT ON AN EXTENSION WEST OF S.W. 6TH STREET (3RD STREET); THENCE RUN WEST ALONG SAID EXTENSION OF S.W. 6TH STREET (3RD STREET) FOR A DISTANCE OF 200.00 FEET; THENCE RUN NORTH PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF SAID S.W. 7TH AVENUE FOR A DISTANCE OF 76.17 FEET; THENCE RUN EAST FOR A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY AND NORTH CURVE STREET, OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application to rezone an18,992- square foot property, on which is located a single - family dwelling, from CLT, Light Commercial to RMF, Multi- family Residential. The property is also the subject of a concurrent Small Scale Development Activity Amendment (17- 002 -SSA) from Single- Family Residential to Multi - Family Residential on the Future Land Use Map (FLUM). The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing CLT, Light Commercial Single- family residential 18,992 sf (0.44 ac.) Proposed Multi- Family Residential RMF, Multi - Family Residential Multi- family residential 18,992 sf (0.44 ac.) Serving Florida Local Governments Since 1988 2 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R Future Land Use, Zoning, and Existing Uses on Surroundin • Properties North Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Single Family & Multi- Family Residential RMF, Multi - family residential Vacant Single - Family Residential to the east and Public Facilities to the southeast RMF, Multi- family residential to the east and Pub, Public Facilities to the southeast Vacant land to the east and Central Elementary School to the southeast Commercial RMF, Multi- family residential Child care facility Multi - Family Residential RMF, Multi - Family Residential Vacant Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief 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. "No, it is not. Area was rezoned single - family property zoning commercial is no longer available." ;Staff Comment: This rezoning application is accompanied by a concurrent request (17 -001 -SSA) to designate the subject property Multi - Family on the Future Land Use Map (FLUM). Staff has found the proposed change to be consistent with the Comprehensive Plan and has recommended approval. A few years ago, the property was discussed at a Planning Board work session dealing with this and other inconsistencies between the Comprehensive Plan and the Zoning Map. At that time, the Board was in favor of changing the FLUM to Multi - Family and rezoning the property to RMF. We still believe this to be the most appropriate action. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "Yes, Zoning is single and multi- family." Staff Comment: The property has been, and is currently, a single - family home. The Applicant intends to use the property for multi - family residences, which is a principal permitted use the RMF Zoning District 3. The proposed use will not have an adverse effect on the public interest. "No, there are single family, duplexes all around me." Staff Comment: The proposed change to both the FLUM and Zoning Map will ensure compatibility between the two documents and will be compatible with surrounding properties and have a positive effect on the surrounding area and the public interest in general. 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. "Yes, all in conjunction with City Planning." Staff Comment: Although vacant, the properties to the immediate north and east of the subject property are designated Multi - Family on the Future Land Use Map (FLUM). The properties to the east are Single - Family on the FLUM. The property to the south across SW 6th Street is designated Commercial on the FLUM, zoned RMF and is the site of a childcare center. To the west of the child care facility is a Church which is designated Single - Family on the FLUM and Zoned RSF1. To the southeast is the Elementary School. Although designated Single - Family on the FLUM and largely developed in single - family use, the residential area directly east across SW 7th Avenue is zoned RMF. Given its immediate surroundings, the subject property is suitably located for multi- family use and compatible with surrounding uses. 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. "No, there is a need for residential and there are homes all around me." Staff Comment: The proposed multi - family use will be reasonably compatible with nearby developed single - family uses to the east and the potential multi - family development of vacant properties to the east. Therefore, one would not expect limited multi - family development on the subject property to adversely affect property values or living conditions on adjacent or nearby properties. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Yes." Staff Comment: The modest multi - family development potential of the subject property will not require a buffer to the single - family properties across SW 7th Avenue. Similarly, no buffering will be needed for the vacant multi - family zoned properties to the east or the childcare center to the south. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "No." Staff Comment: Maximum allowable density is four units per acre (five if the units qualify as affordable housing). The addition of just three dwelling units will not overburden any public facilities or create an inappropriate density pattern in the area. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "No." Staff Comment: The addition of just three dwelling units will not create traffic congestion, overburden any public facilities, or create an inappropriate density pattern in the area. If new construction is involved, it will be required to provide drainage for any increase in potential stormwater runoff. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "No." Staff Comment: We agree. Recommendation Based on the foregoing analysis, and assuming the Application 17- 002 -SSA to change the land use designation on the FLUM to Multi - Family Residential is approved, we find the requested rezoning to RMF 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 (17- 002 -SSA) was not approved, the rezoning request would be inconsistent with the Comprehensive Plan and should also be denied. Serving Florida local Governments Since 1988 5 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R Submitted by: Wm. F. Brisson, AICP Sr. Planner May 8, 2017 Planning Board Public Hearing: May 18, 2017 City Council Public Hearings: June 20, 2017 and July 18, 2017 (Tentative dates) 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: 110 Marion Road, Inc. Petition No. 17 -002 -R FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE 3NOLE -FAMLY MULT - FAMILY gm COMMERCIAL 1NOUSTRiAL. ��BLIC FACIL3TIE4 _3De`1TIA�Mi \EL _c -SW 4th 5t. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R ZONING SUBJECT SITE AND ENVIRONS 197 ZONING . Cap -001 V _ ?SS DISTRICT CtiW - HEAV' COMMERCIAL CLT • LIGhT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H • yOLDING NOUS -MAL PUB - PUBLC FAC l' =.TEES PUD -AHED PUD-R RMF RESIDENTIAL MULTIFAMIL RMti - RESIDENT AL MOB LE RSFI • RESIDENTIAL SINGLE RSF2 - RES 2E9TIAL Sir-SL - _ SW 4th SL 196 232 231 235 236 237 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: 110 Marion Road, Inc. Petition No. 17 -002 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988