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2006-04-04 Regular Meeting50R CITY OF OKEECHOBEE APRIL 4, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: April 4, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor James Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present Bettye Taylor with a ten-year Service Award. PAGE 1 OF 16 Mayor Kirk called the April 4, 2006 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Dawson, the Invocation was offered by Council Member Watford; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent (due to illness) Present Present Present Present Present Present Mayor Kirk presented a Longevity Service Certificate and personalized jacket to Ms. Bettye Taylor which read: "Longevity Service Certificate. In appreciation for your ten years of hard work and dedication. April 3, 1996 through April 3, 2006. Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." APRIL 4, 2006 - REGULAR MEETING - PAGE 2 OF 16 509 1 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 21, 2006 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to table the final reading and adoption of proposed Ordinance No. 934 until May 2, 2006 - City Attorney (Exhibit 1). Mayor Kirk took a moment to thank Clerk Gamiotea and all the City Staff for representing the City so well at the 8t' and 9m Grade Career Day held on March 30. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the March 21, 2006 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Council Member Watford announced that he was able to attend a meeting with Governor Bush and the Cabinet today, by Representative Machek's invitation, regarding the State purchasing 145 acres of the Okeechobee Battlefield site. This is the Rowland Trust property, and it is being purchased under the Forever Florida, Department of Environmental Protection Agency, for preservation of history. He was grateful for those who have helped on this project, specifically namning Representative Machek, Shawn Henderson, and Secretary Castil whom was very supportive. This is a great thing for Okeechobee, we have been working on this for years, and it will save the area from development and be made into a State Park. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. Council Member Watford moved to table the final reading and adoption of proposed Ordinance No. 934 until May 2, 2006; seconded by Markham. b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. APRIL 4, 2006 - REGULAR MEETING - PAGE 3 OF 16 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. a) Motion to read by title only, proposed Ordinance No. 938 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 938 regarding Future Land Use Map Future Land Use Map Amendment Application No. 06-006-SSA, Amendment Application No. 06-006-SSA, submitted by property owners Jorge and Stella Fulleda; seconded by submitted by property owners Jorge and Stella Fulleda - City Council Member Williams. Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 938 by title only. Attorney Cook read proposed Ordinance No. 938 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CI T Y OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMIL Y (SF) TO MULTI-FAM1L Y (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Motion to adopt proposed Ordinance No. 938. 111 Council Member Chandler moved to adopt proposed Ordinance No. 938; seconded by Council Member Williams. b) Public comments and discussion. Mr. Jim LaRue, City Planning Consultant, addressed the Council by explaining that this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 and 4 of Block 12, Wrights Addition, for property located at 602 Southeast 10' Avenue from SF to MF. The application was submitted by property owners Jorge and Stella Fulleda. The Planning Staff is not recommending approval based on the following: (A) The subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (B) Public facilities will be available for the site. Traffic impacts cannot be determined specifically. (C) The change from Single -Family to Multi -Family Future Land Use category would create an incompatible use with the surrounding neighborhood. Although the zoning in the surrounding area. is Residential Multiple Family, the existing uses are all single-family residences and as such are consistent with the Future Land Use category. (Continued on next page) APRIL 4, 2006 -REGULAR MEETING -PAGE 4 OF 16 511 C VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. (D) Objective 3 states, "the City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations, which are not consistent with the Future Land Use Element." The applicants' request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The subject property is within the Single -Family Future Land Use category and is developed with a single-family residence. The Land Planning Agency reviewed the application at their March 28, 2006 meeting and recommended denial. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Lytle "Cowboy' Raulerson addressed the Council as surrounding property owner, commenting that this area has changed over the last 48 years from the original plan of an all -single family development. The problem that has occurred is when a single family home is remodeled into a multi -family dwelling, it then turns into a migrant camp. They are all around me, we have to endure a lot of loud music, cursing and carrying on. They get up at 5:30 a.m. to play basket ball. They go inside in the afternoon, but start the same racquet in the evening. An owner of a house next to him recently enclosed the carport, he rents it out, he has people living in his sheds, it is a serious problem. The traffic situation is unreal, not just the number of vehicles through the area but the rate of speed that they drive. He explained that he has no problem with duplexes as long as they are used properly. The City needs to do what it can to clean this area up. We need to do something. He did not want to keep a person from using their property, but he did not want to see any more labor camps either. Mayor Kirk requested that Administrator Whitehall meet with staff in order to investigate the complaints listed and see what could be done In the area. Council discussed the proposed amendment, and the fact that in all directions the designation is for single family uses. Council Member Williams, stated she lived in the area and understands what Mr. Raulerson is talking about. The area is a burden to the City and surrounding neighbors. Council Member Chandler noted the area has continued to deteriorate, he is seeing the same process in his area along Southwest 71h Avenue. We need to have the Code Enforcement OfficersBoard to aggressively address these areas with so many code violations, and support their decisions. Mayor Kirk remarked that while this area needs to be cleaned up, the matter at hand is only to consider the land use. VOTE KIRK - NO MARKHAM - No WILLIAMS - NO CHANDLER - NO WATFORD - NO MOTION DENIED. 512- APRIL 4, 2006 - REGULAR MEETING - PAGE 5 OF 16 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. a) Motion to read by title only, proposed Ordinance No. 939 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 939 regarding Future Land Use Map Future Land Use Map Amendment Application No. 06-008-SSA Amendment Application No.06-008-SSA submitted by Mark Brandel, on behalf of property owners B & R Enterprises submitted by Mark Brandel, on behalf of property owners B & R of Okeechobee, LLC; seconded by Council Member Williams. Enterprises of Okeechobee, LLC - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 939 by title only. 2. a) Motion to adopt proposed Ordinance No. 939. b) Public comments and discussion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER -YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 939 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDINGTHE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO, 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. " Council Member Markham moved to adopt proposed Ordinance No. 939; seconded by Council Member Chandler. Mr. LaRue, addressed the Council by explaining this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 4 to 6 of Block 117, Okeechobee, for property located at 309 Northeast 6`h Avenue from SF to C. The application was submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC. The Planning Staff is not recommending approval based on the following: (A) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, 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. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single -Family Future Land Use category and the Residential Single Family -One Zoning District and is already developed with a single-family residence. (Continued on next page.) G VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued. c) Vote on motion. APRIL 4, 2006 -REGULAR MEETING -PAGE 6 OF 16 `-' (B) Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing zoning and the existing use are all compatible with each other and the surrounding area. (D) The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The Land Planning Agency reviewed the application at their March 28, 2006 meeting and did not concur with Planning Staff's findings and recommended approval. Mr. Brandel, the applicant, announced that he was present should the Council have any questions. Council Member Watford advised that he attended the LPA meeting. He is a surrounding property owner. He noted that the LPA struggled with this application, highlighting the LPA recommendation was not a unanimous one. Northeast 7" Avenue is not an open, paved road, it is only a platted road, will factor into the project. Watford Trucking, which is located across the street was discussed. This business was established in the late 1950's. when zoning was not in existence. The block immediately to the North is vacant, to the South is Mrs. Bryants house, the West is vacant, with some commercial uses, a church on the corner, Ranch Fertilizer is a couple more blocks to the North, so the area is somewhat mixed. Those who have built houses in there knew what was there. In conclusion, Council Member Watford stated, there is a rezoning application for this property and due to the change in the requested zoning district (from Light Commercial to Commercial Professional Office), he did not have a problem with the land use change. j Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only, proposed Ordinance No. 940 regarding Council Member Williams moved to read by title only, proposed Ordinance No. 940 regarding Future Land Use Map Future Land Use Map Amendment Application No. 06-009-SSA, Amendment Application No. 06-009-SSA, submitted by property owner, James E. Frasier, III; seconded by Council submitted by property owner, James E. Frasier, III - City Planning Member Chandler. Consultant (Exhibit 4). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 514 APRIL 4, 2006 - REGULAR MEETING -PAGE 7 OF 16 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D.1. c) City Attorney to read proposed Ordinance No. 940 by title. 2. a) Motion to adopt proposed Ordinance No. 940. b) Public comments and discussion. Attorney Cook read proposed Ordinance No. 940 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 940; seconded by Council Member Williams. Mr. LaRue, reviewed the application and proposed ordinance which requests to amend the Comprehensive Plan by revising the Future Land Use Map on South -half of Lot 5 all of Lot 6 of Block 8, South Okeechobee, for property located at 1008 Southwest 2"d Avenue from SF to C. The application was submitted by property owner James E. Fraser, III. The Planning Staff is recommending approval based on the following: (A) Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency reviewed the application at the March 28, 2006 meeting and is recommending approval. Mr. Fraser advised he was present should anyone have any questions for him. Council Member Watford stated that the request seems to fit, as others have been changed in the area. Council Member Markham noted as a reminder to the TRC that parking may be a problem depending on what type business they have there and they need to carefully review the site plan. Mayor Kirk asked whether there were any questions or comments from the public. There were none. APRIL 4, 2006 - REGULAR MEETING - PAGE 8 OF 16 5 Z 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. D. 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E.1. a) Motion to read by title only, proposed Ordinance No. 941 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 941 regarding Future Land Use Map Future Land Use Map Amendment Application No. 06-010-SSA, Amendment Application No. 06-010-SSA, submitted by Steven L. Dobbs, on behalf of the property owner, InSite submitted by Steven L. Dobbs, on behalf of the property owner, Development Group, LLC.;seconded by Council Member Williams. InSite Development Group, LLC. - City Planning Consultant (Exhibit 5). VOTE b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 941 by title only. Attorney Cook read proposed Ordinance No. 941 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 941. Council Member Markham moved to adopt proposed Ordinance No. 941; seconded by Council Member Chandler. b) Public comments and discussion. Mr. LaRue addressed the Council explaining that this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 to 26 of Block 4, Lots 1 to 26 of Block 13, Okeechobee, for property located between Northwest 11 m 12th and 13" Streets and Northwest 3`d and 5m Avenues from SF to MF. The application was submitted by Steven Dobbs on behalf of property owners InSite Development Group, LLC. The Planning Staff is recommending approval based on the following: (A) Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. (Continued on next page) 516 APRIL 4, 2006 - REGULAR MEETING - PAGE 9 OF 16 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 2. b) Public comments and discussion continued. c) Vote on motion. (C continued) The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency reviewed the application at their March 28, 2006 and unanimously recommended approval. The Council and Mr. LaRue discussed the area in which the subject project is located and the fact that the majority of the property has been changed over the years to multi -family. The zoning is already residential multiple family. Therefore, the two maps would be consistent, clearing the way for development of the property. Council Member Markham noted for the record that the streets are platted. However, they will need to be opened and paved, at the developers expense. He also suggested that the TRC look at alternative methods for drainage other than to North Parrott Avenue when reviewing the site plan due to the proximity of the City/County drainage ditch to the property. The Council also discussed the percentage of multi -family designation within the City. Mr. LaRue commented that he did not have his table of land use percentages with him, but that he would forward a copy for the Council. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. F.1. a) Motion to read by title only, proposed Ordinance No. 942 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 942 regarding Future Land Use Map Future Land Use Map Amendment Application No. 06-011-SSA, Amendment Application No. 06-011-SSA, submitted by property owner Susan Sevier -Sullivan; seconded by Council submitted by property owner Susan Sevier -Sullivan - City Planning Member Williams. Consultant (Exhibit 6). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F.1. c) City Attorney to read proposed Ordinance No. 942 by title only 2. a) Motion to adopt proposed Ordinance No. 942. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. APRIL 4, 2006 - REGULAR MEETING - PAGE 10 OF 16 517 Attorney Cook read proposed Ordinance No. 942 by title only as follows: "AN ORDINANCE OF THE CITY OE OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARL Y DESCRIBED HEREIN FROM SINGLE FAMIL Y (SF) TO COMMERCIAL (C); PROVIDING FOA INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 942; seconded by Council Member Watford. Mr. LaRue, reviewed the application by explaining that this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 2 and 3 of Block 3, South Okeechobee, for property located at 804 Southwest 2nd Avenue from SF to C. The application was submitted by property owner Susan Sevier -Sullivan. The Planning Staff is recommending approval based on the following: (A) Based on the application, it would appear that the Commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested Future Land Use category will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses. (D) The proposed Future Land Use amendment is in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency reviewed the application and unanimously recommended approval. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford remarked that the attorneys office fits within this area and has not been a problem. Council Member Markham added that the biggest thing is the parking, the building is all the way in the front with one drive to the back of the property, but fits in the area. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:50 P.M. 58 APRIL 4, 2006 - REGULAR MEETING - PAGE 11 OF 16 Vill. NEW BUSINESS. A.1. a) Motion to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 943 regarding Rezoning Petition No. 06-006-R, submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC to rezone Lots 4 - 6, Block 117, Okeechobee, from Residential Single Family - One Zoning District to Light Commercial Zoning District - City Planning Consultant (Exhibit 7). Council Member Watford moved to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 943 regarding Rezoning Petition No. 06-006-R, submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC to rezone Lots 4 - 6, Block 117, Okeechobee, from RSF-1 Zoning District to CLT Zoning District; seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 943 by title only. Attorney Cook read proposed Ordinance No. 943 by title only as follows: "AN ORDINANCE OF THE CITY OF! OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 943. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 943; seconded by Council Member Chandler. b) Discussion. The Planning Board's recommendation is to amend the rezoning application to apply for Commercial Professional Office (CPO) rather than CLT. Mr. Brandel stated at the Planning Board meeting that he did not object to the change. However, he would not be permitted to park his company truck at the office due to the requirements set out in Section 90-222 "Subject to the limitations that ..... no trucks larger than three-quarter ton capacity shall be used, ..." As suggested by the Planning Board, Mayor Kirk instructed Administrator Whitehall to have that section of the code book presented at the April 25, 2006 Land Planning Agency for a recommendation of amendment to broaden the truck parking allowance. The matter will then be brought back to the Council for final consideration. Council Member Watford made a motion to amend proposed Ordinance No. 943, from CLT Zoning District to CPO Zoning District; seconded by Council Member Markham. VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. B.1. a) Motion to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 944 regarding Rezoning Petition No. 06-007-R, submitted by property owner James W. Fraser, III to rezone the South one-half of Lot 5 and all of Lot 6, Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District - City Planning Consultant (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 944 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 944 APRIL 4, 2006 - REGULAR MEETING- PAGE 12 OF 165 19 VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. Council Member Watford moved to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 944 regarding Rezoning Petition No. 06-007-R, submitted by property owner James W. Fraser, III to rezone the South one-half of Lot 5 and all of Lot 6, Block 8, South Okeechobee, from RSF-1 Zoning District to CPO Zoning District; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 944 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMIL Y-ONE(RMF-1)ZONINGDISTRICTTO COMMERCIAL PROFESSIONAL OFFICE(CPO)ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING EFFECTIVE DATE." FOR CONFLICTS, SEVERABILITY AND AN Council Member Markham moved to approve the first reading of proposed Ordinance No. 944; seconded by Council Member Chandler. 520 APRIL 4, 2006 - REGULAR MEETING - PAGE 13 OF 16 VIII. NEW BUSINESS CONTINUED. B. 2. b) Discussion. c) Vote on motion. C.1. a) Motion to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 945 regarding Rezoning Petition No. 06-008-R submitted by property owner Susan Sevier - Sullivan to rezone Lots 2 and 3, Block 3, South Okeechobee, from Residential Singe Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District - City Planning Consultant (Exhibit 9). Mr. LaRue explained and reviewed the staff report, this Ordinance amends the Zoning designation from RSF-1 to CPO for property located at 1008 Southwest 2"d Avenue. The application was submitted by property owner James W. Fraser, III. The Planning Staff and Planning Board are recommending approval. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 945 regarding Rezoning Petition No. 06-008-R submitted by property owner Susan Sevier -Sullivan to rezone Lots 2 and 3, Block 3, South Okeechobee, from RSF-1 Zoning District to CPO Zoning District; seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 945 by title only. Attorney Cook read proposed Ordinance No. 945 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY-ONE(RMF-1)ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE(CPO)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL►TY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 944. 111 Council Member Markham moved to approve the first reading of proposed Ordinance No. 944; seconded by Council Member Williams. APRIL 4, 2006 - REGULAR MEETING - PAGE 14 OF 16 5 21 U 11 VIII. NEW BUSINESS CONTINUED. C. 2. b) Discussion. c) Vote on motion. Mr. LaRue, reviewed the Planning Staff Report and advised that this Ordinance amends the Zoning designation from RSF-1 to CPO for property located at 804 Southwest 2"d Street. The application was submitted by the property owner, Susan Sevier -Sullivan, who initially applied for Heavy Commercial. However, after discussion between the Planning Staff and Board, the recommendation was to amend the application to CPO. There were no objections or comments from the applicant regarding the amendment to the application. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER -YEA WATFORD - YEA MOTION CARRIED. D. Motion to approve proposed Resolution No. 06-04 authorizing Council Member Watford moved to approve proposed Resolution No. 06-04 authorizing signing of the City of signing of the City of Okeechobee Public Depositors Report by the Okeechobee Public Depositors Report by the City Administrator, Accounts Supervisor, and Account Clerk; seconded City Administrator, Accounts Supervisor, and Account Clerk - City by Council Member Williams. Attorney (Exhibit 10).. 111 Attorney Cook read proposed Resolution No. 06-04 by title only as follows: "A RESOLUTION AUTHORIZING SIGNING OF THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE CITY ADMINISTRATOR, ACCOUNTS SUPERVISOR AND ACCOUNT CLERK FOR THE CITY OF OKEECHOBEE, FLORIDA. " VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Consider Code Enforcement Board recommendation to begin The item before the Council is to consider a Code Enforcement Board recommendation to begin foreclosure foreclosure proceedings on the Geraldine Bertram property, Case proceedings on the Geraldine Bertram property, Case No. 05-217, located at 902 Northwest 10t' Street, violation of No. 05-217, located at 902 NW 10th Street, violation Section 30-35, Section 30-35, containers required for trash and Section 30-36, dumping, depositing, leaving on or near street. The containers required for trash and Section 30-36, dumping, matter was discussed at the March 28, 2006 City Council Meeting. The Mayor and Council requested additional depositing, leaving on or near street - City Attorney (Exhibit 11). information regarding the case. Chief Smith deferred to Code Officer Sterling, who has been handling the matter. Mr. Sterling explained that the property was written in violation of Section 30-35(c) on June 27, 2005. On June 29, 2005, he hand -delivered the Notice of Violation to Mrs. Bertram, who signed the receipt of notice. On July 17, 2005, the property was inspected and was not found in compliance. The property was inspected again on August 8, 2005 and was not found in compliance, pictures were taken to document the findings. Copies of the photograph's were distributed to the Council. A Notice of Hearing was issued on August 18, 2005 and signed for by Tammy Thomas. _522 APRIL 4, 2006 - REGULAR MEETING - PAGE 15 OF 16 Vill. NEW BUSINESS CONTINUED. E. Consider Code Enforcement Board recommendation to begin An inspection took place again on August 24, with pictures to continue the documentation of the violation. This case foreclosure proceedings on the Geraldine Bertram property, Case was then closed because the initial violation was written as one apartment complex and not three separate duplexes, No. 05-217, located at 902 NW 1 U' Street, violation Section 30-35, since each was on a separate individual lot. A new case was then issued on September 6, 2005. On September 9, containers required for trash and Section 30-36, dumping, 2005, the Notice of Violation was signed for by Kim Fralix, which was advised that trash containers were needed on depositing, leaving on or near street continued. the property. The property was inspected and not found in compliance on September 19 and 28, and October 17, 2005. Then on October 20, 2005, a Notice of Hearing was hand delivered and signed by Ms. Bertram. Ms. Bertram stated that Waste Management would not provide waste containers. Mr. Sterling contacted Waste Management who stated that until the property paid their taxes no containers would be provided, however, they would continue collection service at the property, but the owners had to provide their own containers. The property was photographed again on November 8, 2005 the day of the Code Board Hearing. The Board found the property in violation of both Sections 30- 35 and 30-36. The property was given 14 days to correct the violation, or a $10.00 per day fine would be assessed. The Code Board Order was hand delivered and signed by Ms. Bertram on November 21, 2005. After inspection of the property and photographs taken to document the noncompliance, the fine began December 6, 2005. The last inspection took place on January 4, 2006 with the property still not in compliance. The Code Board then recommended the foreclosure proceedings at their February 14, 2006 meeting. As of April 4, 2006, one of the tenants at the duplex purchased their own garbage container. Council Member Markham thanked Mr. Sterling for his information and documentation. He further explained that he was not trying to go against the Code Board's recommendation. He only needed additional information, as provided tonight. The Council then discussed with Attorney Cook which method would be better, a foreclosure or judgement? Attorney Cook advised either would be sufficient, but that the judgement would be easier to accomplish the goal. Council Member Watford moved to reduce the outstanding lien on Case No. 05-217 from a Foreclosure to a Judgement; seconded by Council Member Markham. Mayor Kirk stated his concern regarding the fact that the City is paying the garbage collection for properties that have not paid their tax bill. He instructed Clerk Gamiotea to inform Administrator Whitehall of this matter and to research how many of these there are and report the findings back to the Council. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. APRIL 4, 2006 - REGULAR MEETING - PAGE 16 OF 16523 VIII. NEW BUSINESS CONTINUED. F. Motion to approve the ranking of Grant Administrator for the CDBG Grant - City Administrator (Exhibit 12). IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiotea, , City Clerk Council Member Watford moved to approve Nancy Phillips as the Grant Administrator for the Community Development Block Grant, Federal Fiscal Year 2005; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:20 P.M. The next regularly scheduled meeting is April 18, 2006. AFFIDAVIT OF P 1�. SHER OKEECHOBEE MES E 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013050 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 03/29/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he 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. James A. Hughes, Jr-, (Publisher) Sworn to and subscribed before me this 7h day of A.D. 2006 (SEAL) CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of. City. of Okeechobee will meet in Regular Session on Tuesday, April. 4, 2006, 6:00 p.m., at City Hall, 55 SE 3rd Ave., Rm. 200, Okeechobee, Florida_ The public is in- vited and encouraged to attend. For acopy of the agenda contact City Administration at (863) 763-3372 z 212. PLEASE TAKE. NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need.a record of the proceedings, and for such pur- pose may need to ensure a verbatim record. of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based Tapes are used for the sole purpose of back-up for the Clerk's Office, In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286'26, persons with disabilities needing spe- cial acconmrodation to participate in this pm- ceeding should contact Lane Gamiotea, no .later than two (2) working days prior to the proceeding at 863-763-3372 z 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PUBLISH 03/30/2006 OKEECHOBEE TIMES ii Notary Public Rosealee A. Brennan ��srr PUB Commission #DD318483 =° �= Expires: Jun 25, 2008 Bonded T[ ""'O.... Atlantic Bonding Co-, llMic• 0 • Page -1- Tape side CITY OF OKEECHOBEE - April 4, 2006 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, April 4, 2006, City Council Regular Meeting 6:00 p.m. If. OPENING CEREMONIES: Invocation given by Dowling Watford: Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X illness X X X X X X IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk presented a Longevity Service Certificate and personalized jacket to Ms. Bettye Taylor which read: "Longevity Service Certificate. In appreciation for your ten years of hard work and dedication. April 3, 1996 through April 3, 2006. Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." Thanked Clerk and staff for career. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the March 21, 2006 Regular Meeting; seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Watford, brief announcement, excited able to attend the cabinet & mayor meeting to day by Maycheck invitation, 145 acres, roland trust property, okeechobee battlefield purchase preservation of that history, greatful for those who helped, Shawn Henderson, through DEP, secretary castil was very supportive, great thing working for this for years, save from development. 0 • Page -2- VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. A.1.a) Council Member Watford moved to table the final reading and adoption of proposed Ordinance No. 934 until May 2, 2006 - City Attorney (Exhibit 1); seconded by Markham. b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1.a) Council Member Watford moved to read by title only, proposed Ordinance No. 938 regarding Future Land Use Map Amendment Application No. 06-006-SSA, submitted by property owners Jorge and Stella Fulleda - City Planning Consultant (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.938 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Chandler moved to adopt proposed Ordinance No. 938; seconded by Council Member Williams. b) Public comments and discussion. Mr. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 and 4 of Block 12, Wrights Addition, for property located at 602 Southeast 10'h Avenue from SF to MF. The application was submitted by property owners Jorge and Stella Fulleda. The Planning Staff is not recommending approval based on the following: (A) The subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (B) Public facilities will be available for the site. Traffic impacts cannot be determined specifically. (C) The change from Single -Family to Multi -Family Future Land Use category would create an incompatible use with the surrounding neighborhood. Although the zoning in the surrounding area is Residential Multiple Family, the existing uses are all single-family residences and as such are consistent with the Future Land Use category. (D) Objective 3 states, "the City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations, which are not consistent with the Future Land Use Element." The applicants' request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The subject property is within the Single -Family Future Land Use category and is developed with a single-family residence. 0 Page -3- The Land Planning Agency recommends denial to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-006-SSA from Single Family (SF) to Multi -Family (MF). Cowboy Raulerson, area has changed 48 years, lived there, all single family in the original planning and designation of the area, problem that has occured is somewhere down the line allowed single family homes to build on and make it multi family and then it turned into a migrant camp, they are all around me, a lot of loud music, cursing and caring on, get up at 5:30 am and play basket ball, then afternoon start same racqu 702, man closed in carport and rents it out, has people living in his sheds, my problem with the who situation is th etraffic is unreal, in the 600 block by the time they come off 71h street they are running 45-60 mph, otherday workingoutside, pole truck stopped, car going south, almost crash, these are the situations we have, no such thing as a single family anymore except when you go downto Wayne Thomas area, no problem with duplex as long as its used properly and no 8-10 mans in one side of the duplex, that does meet ordinance or anything else, spoke with chief davis on another matter in the neiborhood, don't know what the city can do to clean this place up, but we need to do something, don't want to keep a person from using their property but I don't want to see anymore labor camps. Watford, procedure, go with LPA recommendation would be to vote against. Brian get with staff to investigate some of mr. Raulerson's complaints listed tonight. Kirk, looks like all directions are RSF, 1 block to north but not contigiuous. LaRue that's our problem all contiguous is RSF. Williams, use to live in area, understand what cowboy was talking about, burden to city and surrounding neighbors, cant see going against LPA recomnmednation. Noel, labor camps designated, same issue on my street, 3 duplexes, so many code violations its not real, traffic over yonder is dificult, we do need to get our code board on these and back them on these, situation where they are all living together and no kin. This area needs to be cleaned up. Kirk, if we have violations going on but what we need to decide is whether or not th eland use would fit and our planning agency is telling us no it does not. c) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED. YEA NAY ABSTAIN ABSENT X X X X X C.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 939 regarding Future Land Use Map Amendment Application No.06-008-SSA submitted by Mark Brandel, on behalf of property owners B & R Enterprises of Okeechobee, LLC - City Planning Consultant (Exhibit 3); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.939 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP 1N THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 939; seconded by Council Member Chandler. 0 • Page -4- b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 4 to 6 of Block 117, Okeechobee, for property located at 309 Northeast 6th Avenue from SF to C. The application was submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC. The Planning Staff is not recommending approval based on the following: (A) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single -Family Future Land Use category and the Residential Single Family -One Zoning District and is already developed with a single-family residence. (B) Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing zoning and the existing use are all compatible with each other and the surrounding area. (D) The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-008-SSA from Single Family (SF) to Commercial (C) . Mark Brandel, applicant if there are questions here to respond. Watford, attended, got letter, spoke on both issues as land owner, not unanimous vote, lot of discussion, remind you 7th avenue is no open. Markham, 2 blocks, there but not paved. Watford, right on paper, discussion on watford trucking, john ed moved there in 1958 when zoning went into existence, changed a couple of areas in there, the block of land immediately to north is vacant, to the south is mrs. Bryants house, west is vacant, area somewhat mixed, are commerical uses, church on corner, ranch fertilizer couple more to the north, couple of us who have built houses in there knew what was there, as long as it is a cpo zoning I don't have a problem with this, mixed use neighborhood, one thing I did correct, chairperson stated no new homes have been built in that area and that was wrong, wade lightsey recently just built one next to his dad. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D.1. a) council Member Williams moved to read by title only, proposed Ordinance No. 940 regarding Future Land Use Map Amendment Application No. 06-009-SSA, submitted by property owner, James E. Frasier, III - City Planning Consultant (Exhibit 4); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. u • Page -5- c) Attorney Cook read proposed Ordinance No.940 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 940; seconded by Council Member Williams. b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on South -half of Lot 5 all of Lot 6 of Block 8, South Okeechobee, for property located at 1008 Southwest 2"d Avenue from SF to C. The application was submitted by property owner James E. Fraser, III. The Planning Staff is recommending approval based on the following: (A) Based on the application, it would appearthat the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-009-SSA from Single Family (SF) to Commercial (C). Mr. Fraser here. Watford, seems fit as others in area. Markham, site plan, parking problems depending on what type business they have there, changes in use. Fraser parking in front and back, corner lot. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 941 regarding Future Land Use Map Amendment Application No. 06-010-SSA, submitted by Steven L. Dobbs, on behalf of the property owner, InSite Development Group, LLC - City Planning Consultant (Exhibit 5); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.941 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE 0 Page -6- FAMILY (SF) TO MULTI -FAMILY (MF), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 941; seconded by Council Member Chandler. b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 to 26 of Block 4, Lots 1 to 26 of Block 13, Okeechobee, for property located between Northwest 111h 12th and 131h Streets and Northwest 3'd and 5th Avenues from SF to MF. The application was submitted by Steven Dobbs on behalf of property owners InSite Development Group, LLC. The Planning Staff is recommending approval based on the following: (A) Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-010-SSA from Single Family (SF) to Multi -Family (MF). Markham, block 20 changed, deal feel through, in line with blocks works in with area, other properties invovled in the entiere project, up to developer to make sure streets in there for paving. Watford, planning board amount of commercial we have are we getting to the point, LaRue, mf % not sure 16-20% commercial, had table but I didn't bring it, probably 40-60 acres in last year or two, appropriate, bring table for you, less clear for cities in florida, you were short years ago, closer now. Watford, to the north, city/county ditch, may can look at coming closer to ditch TRC may can look at that. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 942 regarding Future Land Use Map Amendment Application No. 06-011-SSA, submitted by property owner Susan Sevier - Sullivan (Exhibit 6); seconded by Council Member Williams. b) Vote on motion to read by title only VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.942 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE 0 i Page -7- FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 942; seconded by Council Member Watford. b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 2 and 3 of Block 3, South Okeechobee, for property located at 804 Southwest 2nd Avenue from SF to C. The application was submitted by property owner Susan Sevier -Sullivan. The Planning Staff is recommending approval based on the following: (A) Based on the application, it would appear that the Commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested Future Land Use category will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses. (D) The proposed Future Land Use amendment is in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-011-SSA from SF to C. No public comment. Watford, attorney's office fits in there. Markham, biggest thing is the parking, building in front, 1 drive through the property, fits in the area. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:50 P.M. Vill. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 943 regarding Rezoning Petition No. 06-006-R, submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC to rezone Lots 4 - 6, Block 117, Okeechobee, from Residential Single Family (RSF) Zoning District to Light Commercial (CLT) Zoning District - City Planning Consultant (Exhibit 7); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 943 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY-ONE(RSF-1)ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 0 • Page -8- 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 943; seconded by Council Member Chandler. Council Member Watford moved to amend Ordinance No. 943, correct RSF-1 and amend to CPO zoning district; seconded by Council Member Markham. Additional issues with the LPA to consider. Issue with PB was that, applicant doesn't mind the CPO, modern times, pick up trucks, we'll go back to the LPA. Vote All Yea. Motion to Amend VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. b) Discussion. LaRue, this Ordinance amends the Zoning designation from RSFto CLT for property located at 309 Northeast 6" Avenue. The application was submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC. The Planning Staff does not recommend approval based on the following criteria: (1) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The subject property is within the Single -Family Future Land Use category and the RSF-1 Zoning District and is already developed with a single-family residence. The surrounding properties are also consistent and allowing this use would be contrary to the Comprehensive Plan policies. (2) Section 90-252(1) permits professional office, business office, and medical offices in the CLT Zoning District. (3) It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. (4) The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. (5) Permitted uses such as those allowed in the CLT Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. (6) If granted, the use may be required to be buffered from the residential neighborhood. (7) The proposed use and CLT Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. (8) The subject property will increase traffic as a result of future commercial use. If approved, site plan will be required to show drainage on the site. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change could be interpreted as a special favor to an individual owner. The Planning Board recommends to City Council to approve Rezoning Petition No. 06-006-R from RSF-1 to CPO stating the limitation of the vehicle weight be amended. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -9- B.1. a) Council Member Watford moved to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 944 regarding Rezoning Petition No. 06-007-R, submitted by property owner James W. Fraser, III to rezone the South one-half of Lot 5 and all of Lot 6, Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District - City Planning Consultant (Exhibit 8); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 944 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMIL Y-ONE (RMF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO)ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 944; seconded by Council Member Chandler. b) Discussion. LaRue, this Ordinance amends the Zoning designation from RMF-1 to CPO for property located at 1008 Southwest 2"d Avenue. The application was submitted by property owner James W. Fraser, III. The Planning Staff recommends approval based on the following criteria: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The use as an office is specifically authorized under the CPO Zoning District. (3) The proposed zoning and use will not have an adverse effect on the public interest. (4) The use as an office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block and should not, if approved, lead to future encroachments into stabilized residential neighborhoods. (5) The proposed zoning and use will not adversely affect property values or living conditions. (6) The proposed use can be buffered form surrounding uses if necessary. (7) The proposed use will not create a density pattern that would overburden public facilities. No density is involved. (8) At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appearthat the proposed CPO zoning will negatively impact public facilities. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed use will not constitute a grant of special privileges to an individual owner as contrasted with the public welfare. The Planning Board recommends to City Council to approve Rezoning Petition No. 06-007-R from RSF-1 to CPO. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Watford moved to read by title only, and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 945 regarding Rezoning Petition No. 06-008-R submitted by E • Page -10- property owner Susan Sevier -Sullivan to rezone Lots 2 and 3, Block 3, South Okeechobee, from Residential Singe Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District - City Planning Consultant (Exhibit 9); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 945 by title only as follows: "AN ORDINANCE OFTHE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RMF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 944; seconded by Council Member Willaims. b) Discussion. Jim LaRue, this Ordinance amends the Zoning designation from RMF-1 to CPO for property located at 804 Southwest 2"d Street. The application was submitted by property owner Susan Sevier -Sullivan. The Planning Staff recommends approval based on the following criteria: (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CHV is not appropriate whereas CPO would be most suitable. (2) The proposed use being applied for is authorized under the Zoning District in the Land Development Code. (3) An office use will not have an adverse effect on the public interest in the neighborhood but other uses in the CHV Zoning District might. A CPO Zoning District would be more compatible than CHV zoning. (4) The CHV zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CHV Zoning District would adversely affect adjacent properties. (6) The office use can be suitably buffered from surrounding uses if necessary. (7) The proposed zoning or substitute will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. The Planning Board recommends to City Council to approve Rezoning Petition No. 06-008-R, from RSF-1 to CPO. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Council Member Watford moved to approve proposed Resolution No. 06-04 authorizing signing of the City of Okeechobee Public Depositors Report by the City Administrator, Accounts Supervisor, and • • Page -11- Account Clerk - City Attorney (Exhibit 10); seconded by Council Member Williams. Attorney Cook read proposed Resolution No. 06-04 by title only as follows: "A RESOLUTION AUTHORIZING SIGNING OF THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE CITY ADMINISTRATOR, ACCOUNTS SUPERVISOR AND ACCOUNT CLERK FOR THE CITY OF OKEECHOBEE, FLORIDA." VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the Geraldine Bertram property, Case No. 05-217, located at 902 NW 10'h Street, violation Section 30-35, containers required for trash and Section 30-36, dumping, depositing, leaving on or near street - City Attorney. John, comments made last meeting, foreclosure only way of collecting fines that have accumulated, or do judgement. Markham, didn't understand why go after property, nothing against code enforcement, has the property owner come to you to resolve this. Code Officer who has worked the case will address questions, Fred Sterling. June 05 started commercial container due to apartments. Since 3 lots and a duplex had to close case. Opened as regular case, six garbage cans is all she needed to purchase,10/20/05 hand delievered notice. Waste Management wouldn't provide them but would pick up if put in private containers, Nov hand delievered notice from code board on 21st of Nov she was given 14 day sfrom time signed,12/6 inspected, not come in compliance, inspected in Jan still no garbage.1 tenant bought one as of today. Watford, resolve issue with containers? Willaims, residential units, don't know if administrator tax roll shows $800.00 they get paid regardless, don't know how they said that. Haven't paid taxes since 2002. We're paying waste management, we pay on the tax bill no matter what, we're the ones in the whole until the taxes are paid, surely someone is picking up a tax deed after 2 years. They owe us more than just the $1000. John, heard today property has contract. Reduce to judgement and then we'd be paid. Judgement better and foreclosure. Easier way to do it. Kirk, have 2 concerns, working with this person since June of 2005 with the same person continuiously, they don't care for their property. We need staff to diff Met to look this up and we're paying this in advance. IF we are we need to see how many we have of those. Markham, when purchased, get back taxes, if we have 10 of these that could be a lot of money, carryin g a lot of wastemanagement's money. Somebody else foreclosed this property would they have to pay the garbage bills on there. How does that stand as far as the tax bill. Considered the same? John haven't seen one of those happen where non-advalorem taxes where not paid. Tax Collector explained that they woul dnot accept taxes without assesment. Watford move reduce outstandng lieve case to a judgement on this case; Coun cil MmeberMarkham. Noel, manager a female, blonde . VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -12- F. Council Member Watford moved to approve the ranking Nancy Phillips of Grant Administrator for the CDBG Grant - City Administrator (Exhibit 12); seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:20 P.M. E Page -1- Tape side CITY OF OKEECHOBEE - April 4, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, April 4, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor James Dawson, First United Methodist Church: Pledge of Allegiance led by Mayo Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk presented a Longevity Service Certificate and personalized jacket to Ms. Bettye Taylor which read: "Longevity Service Certificate.. In appreciation for your ten years of hard work and dedication. April 3, 1996 through April 3, 2006. Service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and your fellow citizens have benefitted greatly by your performan e." V. MINUTES - City Clerk, U� A. Council Member(I I �d- moved to dispense with the reading and approve the Summary of Council Action for the March 21, 2006 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ AC RRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.,, Page -2--- - VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1.a) Council Member ! moved to table the final reading and ad tion f proposed Ordinance —No. 934 an#i+faFay , 2006 - City Attorney (Exhibit 1); seconded by _ -- _ Vote on motion_ - - VOTE YEA NAY ABSTAIN ABSENT CHANDLER - MARKHAM - -WNTFORD L. WILLIAMS _ - MOTION: DEIWED/ ARRIED. - - 8.1:a - Councli -Member - - - - moved -to read -by title on y - proposed -Ordinance No. 938 regarding Future Land Us_ Map Amendment Application No. 06-006-SSA, submitted_ by property owners Jorge and Stella Fulleda -City Planning Consultant (Exhibit 2); seconded by Council Member U � Dv� - - b) -- --Vote on-motion-ta-read-by-title-only.- -- _ - - VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD L. WILLIAMS MOTION:_ DENIED RRIED. - o)__ . _ Attorney Gook read proposed Ordinance-No.938--tttfe by � onfy-as follows: AN-ORfliNANCfOF THE- - - --- - _ CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN; ORDINANCE NO,, 635-AS AMENDED,-BYREVISING-THE FUTURE`LANDrUSEMAP 01V—__ _ - - A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED_ FUTURE_ LAND USE MAP IN THE COMPREHEN-SIVE_PLAN,_PROVIDIN-a AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 938; seconded by - -Council-Member- I i1 -- - -- - - - -- - -- - -- - - - - - - - - - - u is comnienfs anddiscussion - Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future _- Land -Use -Map on Lots-1 arid-4 -of -Block12, Wrights Additionjor- property_ located at-602 Southeast W- Avenue from SF to MF. The application was submitted by property owners Jorge and Stella Fulleda. The Planning Staff is not recommending approval based on the following: Planning Staff Report Comprehensive- Dian The- su-6jecf- properly would seerm- moreconsistent-with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City_has_to_ensure_ that its landdevelopmeniregulations protectthe_use andvalue-of-private-property frown - adverse impacts of incompatible land uses, activities and hazards. (B) Public facilities will be available for the __. C{}p__ rnii.n 4-nnanta-�.h­+­i�' �•� r_ •.._ldAd�.l�L Future Land Use category would create an incompatible use with the surrounding neighborhood. Although — e-aping in the surrounding -area is Re9ic n-tiaTWultipie-Family-the existing uses area# single --family ---- - residences and as such are consistent with the Future Land Use category_. (D� Objective 3 statesz `the City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses_-and-zoribg designations, which -are not consistent with -the Future -Land-Use-.Element."_The-applicants'-- request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The _-_ _subject -property -is -within the-Single-Familyily-FuMe Land -Use category -and Is --developed uvith-asin --family • • residence. Page -3- The Land Planning Agency recommens denial to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-006-SSA from Single Family (SF) to Multi -Family (MF). c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIA MOTION: ENIED/ RRIED. C.1. a) Council Member JAI&J4 moved to read by title only, proposed Ordinance No. 939 regarding Future Land Us Map Amendment Application No.06-008-SSA submitted by Mark Brandel, on behalf of property owners B & R Enterprises of Okeechobee, LLC - City Planning Consultant (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L.-WILLIAMS MOTION: DENIED/C RRIED. c) Attorney Cook read proposed Ordinance No.939 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDNANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member _ moved to adopt proposed Ordinance No. 939; seconded by Council Member �� t b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 4 to 6 of Block 117, Okeechobee, for property located at 309 Northeast 61' Avenue from SF to C. The application was submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC. The Planning Staff is not recommending approval based on the following: Planning Staff Report Comprehensive Plan, Analysis: (A) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single -Family Future Land Use category and the Residential Single Family -One Zoning District and is already developed with a single-family residence. (B) Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. (C) The change from the Single -Family to nr rl lcts-Vl> IAJ ----- - ---------- 27 JW- iu, ull, 9L- --- ------- - Page -4- Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. - _ As stated earlier, theexistingFuture Land Use category, -the existing zoning and -the -existing use -are all compatible with each other and the surrounding area. The applicant's request, if granted, would not be in compliance with the -standards set fort" the Comprehensive flan. -- - - - The Land Planning Agency recommends to City Council to approveComprehenslve Plan; Future Land Use Map Amendment Application No. 06-008-SSA from Single Family__(SF) to Commercial (C) .- c) vote on motion. - --- - ---VOTE - __YE-A--4&Y---ABSTAIN -ABSENT-- KIRK -CHANDLER - - - - - - - - - MARKHAM WATFORD -- -- - - - - - -- L. WILLIAMS MOTION: DENIED/ - RRIED. D.1. a) 6uncil Member moved to read by title only, proposed Ordinance No. 940 � regarding ureLand Use -Map Amendmet Application Cdo.- by property - f36-009-SSA sasubmitted_ - owner. Tmes ,E,q Frasier, III - City Planning Consultant (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only. c) Attorney Cook read proposed Ordinance No 40 by title only as follows: "AN ORDINANCE OF THE CITY-OFOKEECHOBMFLORIDAAMENDWN(J-THF-WY-OF-OKEECHDBEEci2W-REHENSIVE--- - PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON _-CERTAIN-TAT-BF -LAND--MORE--PA-RTWEULARL-Y-DESCRIBED-HEREWL n SfNGL - L_ --- --- - _ FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND - E-tAND USE" -IN - THE- COM - EFFECTIVE DATE." - _2. a) Council Member W' (4iyl moved to_adoptproposed Ordinance No. 940Lseconded b Council Member b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future — - - --- -_--Lar-dUselvlap on Sou"—aYbTL-ot-b a-iWoFCot 6-oTE WockB--Soufh Weecc o 6e, or properly Tocafed-aTiW$- -- --- Southwest 2"d Avenue from SF to C. The application was submitted byproperty owner James E. Fraser, III. The--PJanning _ Staff- -is _ncflmmen ft-approyal_hased_-Da. -the ._fo lo,acing _ _Manning--Stair--Report_- Comprehensive Plan Analysis: (A) Based on the application, it would appear that the request is consistent t�ercial--Futtjre-Landd-else--C tc ry-as described in ObJective-2-andits correspondi, within in the Future Land Use Element. (B) The subject property is already developed and has adequate ___-_______pabllcfiacltttte -1 ow�v�r, htswi �afua unn -Me si�ertan review —erase. 9 p p e requesiedfuture land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land - - use and zoning khan- W10-.the_ mouth.-_lf appro-ved,_the_futur"n-d use_change_should not.lead to- future _.-__- - encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in-cornpliance with-the-c standafds--of-the Co mprehens+ve- Ran.-- --- ---- -_ -- ---- - -------- -- _ __-___ -- 0 U Page -5- The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-009-SSA from Single Family (SF) to Commercial (C). c) Vote on motion. VOTE KIRK CHANDLE MARKHAh WATFORC L. WILLIAII MOTION: E.1. a) Council Member moved to read by title only, proposed Ordinance No. 941 regarding Future Lan Us Map Amendment Application No. 06-010-SSA, submitted by Steven L. Dobbs, on behalf of the property owner, InSlte Dlopment Group, LLC - City Planning Consultant ev (Exhibit 5); seconded by Council Member _ tx" , b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS L/ MOTION: DENIED/ RRI D. c) Attorney Cook read proposed Ordinance No. 941 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATA" 2. a) Council Member _ moved to adopt proposed Ordinance No. 941; seconded by Council Member i b) Public comments and discussion. Jim LaRue, City Planning Consultant, this Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 to 26 of Block 4, Lots 1 to 26 of Block 13, Okeechobee, for property located between Northwest 11th, 121h and 13`h Streets and Northwest 3`d and 51h Avenues from SF to MF. The application was submitted by Steven Dobbs on behalf of property owners InSlte Development Group, LLC. The Planning Staff is recommending approval based on the following: Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is _ in compliance with the specific standards of the Comprehensive Plan. The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-010-SSA from Single Family (SF) to Multi -Family (MF). 0 • Page -6- c) Vote on motion. - -VOTE _ - YEA - NAY _ ABSTAIN ABSENT_ KIRK - -CHANDLER - - --- _ MARKHAM WATFORD - - -- - L. WILLIAMS - MOTION. _-DEN1 /CARRIED: F.1. a) Council Member moved to read by title only, proposed Ordinance No. 942 regarding_ Future--Land-Use apAmendmentApplication-Na.-06-91-1-SSA; submitted -by -property -_ owner Susan Sevier -Sullivan (Exhibit 6); seconded by Council Member d) a-V A b) Vote on motion to read by title only. VOTE - `PEA - NAY ----ABSTAIN- ABSENT KIRK CHANDLER M_ A_R_ KHAM WATFORD -- __ L.-WILLIAMS MOTION: DE.� c) Attorney Cook read proposed Ordinance Nox942 by title only as follows: "AN ORDINANCE OF THE - - --C►TYO>=OKEECHOBEEFLORIUAAMENDTNG-THECITYOFOKEEC-H�OBEECOMPREHENSIVE --_ -PLAN, ORDINANCE NO.635 AS AMENDED BY REVISING. THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY _1W TO - --%C�-PROW DNG-FOR-INCLUSION--OF- ORDMANCE -AND - REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." -- - eJ Council-McYnber- II_ - _ ,-�)--movedro adopt proposed0rdinanc6-U6.- 942; seconded - - by Council Member bJ- Public comments and_discusiQn. --� — _ - Jimn LaRue, City PlanningLonsultent,4his-Ordinance-amends4he Comprehensive Plan by-revisft4he-Future Land Use Map on Lots 2 and 3 of Block 3, South Okeechobee, for property located at 804 Southwest 2nd _-Avenue-from SF to-C: Tire a ypropertyowmrSusan-levier-Sutti w- plpircation was submfitted b -- ----- ----- -- - --- - e arming Sfaff 1s recommending approval based on the following: Planning Staff Report _Comprehensive Plan Analksis_U-Based on the ap�)ication, it t th would appear thae C9mmercialfuttue_ land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) - _Public-water-and-sewer-are--avaHabletathe-property.-.Anyethw conc rrency-issues witfbe-addressedwhen-_ _ the applicant applies for a site plan review. (C) The requested Future Land Use category will be compatible -w#h adjacent land -use --categories. The proposed-use-wiffi be consistent -as -the ne ighbarhood is sfowly- transitioning to incorporate light commercial uses. (D) The proposed Future Land Use amendment is in -comp lance wi the specific standaras o'We Compre ensivePTan. - The Land Planning Agency recommends to City Council to approve Comprehensive Plan, Future Land Use - -- Map-Amendment-App1ication_No__06--011-SSA #r= SF-to-Cr-- VOTE YEA NAY ABSTAIN ABSENT CHANDLER_ - -----MARKHAM - -- - - - -WATFORD - L. WILLIAMS MO.TION: _ DEM RRIED.-.-- -- -- ---_ __ -- - -- Page -7- MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. VIII. NEW BUSINESS. A.1. a) Council Member V moved to read by title only, and set April 18, 2006 as a final public hearing dat for proposed Ordinance No. 943 regarding Rezoning Petition No. 06- 006-R, submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC to rezone Lots 4 - 6, Block 117, Okeechobee, from Residential Single Family (RSF) Zoning District to Light Commercial (CLT) Zoning District - City Planning Consultant (Exhibit 7); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ASSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED. c) Attorney Cook read proposed Ordinance No. 943 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLEFA MIL Y-ONE (RMF-1)ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member MAI" moved torst reading of proposed Ordinance No. 943; seconded by Council Member b) Discussion. LaRue, this Ordinance amends the Zoning designation from RSFto CLT for property located at 309 Northeast 6`h Avenue. The application was submitted by Mark- Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC. The Planning Staff does not recommend approval based on the following criteria: Planning Staff Report Analysis: (1) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to -ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The subject property is within the Single -Family Future Land Use category and the RSF-1 Zoning District and is already developed witha single-family_ residence. The surrounding properties are also consistent and allowing this use would be contrary to the Comprehensive Plan policies. (2) Section 90-252(1) permits professional office, business office, and medical offices in the CLT Zoning -District. (3) It hasnotbeen demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. (4) The use -is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. (5) Permitted uses such as those allowed in the CLT Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. (6) If granted, the use may be required to be buffered from the residential neighborhood. (7) The proposed use and CLT Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. (8) The subject property will increase traffic as a result of future commercial use. If approved, site plan will be required to show drainage on the Page -8- site.(9)Theroposeduse has not been inordinately burdened by unnecessary restrictions. (10) The proposed change. -could be- interpreted as -a -special Javor to an indjvdualowner. The Planning -Board­mc=me-nds to City Councif-toopproveRezoning-Petition No. 06-006-Rfrom RSFwi to CPO stating the limitation of the vehicle weight be amended. c) Vote on motion. VOTE YEA NAY -ABSTAIN-- ABSENT KIRK -CHANDLER- MARKHAM -WATFORD- L. WILLIAMS B. 1. a) Council Member A94,��, - moved to read by title only, and set April 18, 2-006 as V_ a final.public-hearing date fdr)proposed Ordinance No--944-regarding Rezoning Petition No. 06- 007-R, submitted by property owner James W. Fraser, III to rezone the South one-half of Lot 5 and -all -Of Let-6-8l0c-k8,--S0A-Okee&10be6-, fro m-ResidenWSingle-Family-One {RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District - City Planning Consultant - b Voteal public hearing date. on motion to read by *1_6 only set in - VOTE .-___-__.YEA NAY ABSTAIN ABSENT - ----- KIRK -CHANDLER - MARKHAM 'WATfOR13- L. WILLIAMS c) Attorney Cook read proposed Ordinance No. 944 by title only as follows: -"AN- ORDINANCE OF THE -.-CITY-OFDKEECHOBEEEORIDA;AMENDINGTHEOFFICLALZONMM"OFAOKEECHOMEBY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL--SINGL-E-r4Wi(-OIE(RMF-4)ZOMWDIS YCJ"OOMMERCIAL-PROFESSIML OFFICE (CPO)ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGL Y, PROVIDINGFOR --11;;0MFLICT "EVEftft-ffY-ANiD-MEF-FEC77VE-DATE.------ aj CowcIV-Meimber mov!�40 the first reading of proposed Ordinance No. 944; seconded by -Council Member I b)- -------LaRtie-,-ft Ordinance- aTrreT&-thU- Z0nh9-deSignati0nJr0M­-­RW--� to CPO- for- property-iocated at 1008-- Southwest 2 nd Avenue. The application was submitted by property owner James W. Fraser, 111. The Planning Staff recommends approval based on the fo lo I w(ng_priteria: Planning Staff Report Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The use as an office is under the- _CPO-Zoning_-DVAct__(3)- The -proposed -zoning wd use- wit -not have -an- - adverse effect on the public interest. (4) The use as an office, or other CPO uses, is appropriate for this ----location' -Tft2oftia-compatible-wj#tt- centiand-uses-The-pmposed-useis-not-conftwMdet,iiiieilaf---- to urbanizing land use patterns on this block and should not, if approved, lead to future encroachments into s ta-ft -z-e-d-re—si-d&-nti-al-fie-ig-hbor�66d-s-. _(5y-The --pro-p-os-ed zonirngn_d_-Us­&W1H__n 6_t­_ad-VE_rs_eVy affecit p-r-o-p-e-r-ty- values or lift conditions. j6) The proposed use can be buffered form surrounding uses if necessary. The proposed use will not create a density pattern that would overburden public facilities. No density is jnv&Pd__(8) -At Ilie- site- ptan-TeVieW -StcVgP,, ft- irTjpLW_W__traffic, fjood4_ or -drainage problems -will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public -----faeiIities.--M- T-he-proposed-uw-has-tiot-beeffir*mlityateirbtndetvd-byurmecessary-mistrdions-. (tM--The---- 0 Page -9- proposed use will not constitute a grant of special privileges to an individual owner as contrasted with the public welfare. The Planning Board recommends to City Council to approve Rezoning Petition No. 06-007-R from RSF-1 to CPO. c) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DE YEA NAY ABSTAIN ABSENT C.1. a) Council Member moved to read by title only, and set April 18, 2006 as a final public hearing date for pr osed Ordinance No. 945 regarding Rezoning Petition No. 06-008-R submitted by property owner Susan Sevier -Sullivan to rezone Lots 2 and 3, Block 3, South Okeechobee, from Residential Singe Family -One (RSF-1) Zoning District to ) Zoni g District - City Planning Consultant (Exhibit 9); seconded by Council Member — 7 � ) rr�� - - . b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED �ARRIE c) Attorney Cook read proposed Ordinance No. 945 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RMF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 945- seconded Council Member - " . b) Discussion. LaRue, this Ordinance amends the Zoning designation from RMF-1 to CPO for property located at 804 Southwest 2"d Street. The application was submitted by property owner Susan Sevier -Sullivan. The Planning Staff recommends approval based on the following criteria: Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CHV is not -appropriate whereas CPO would be most suitable. (2) The proposed use being applied for is authorized under the Zoning District in the Land Development Code. (3) An office use will not have an adverse effect on the public interest in the neighborhood but other uses in the CHV Zoning District might. A CPO Zoning District would be more compatible than CHV zoning. (4) The CHV zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CHV Zoning District would adversely affect adjacent properties. (6)The office use 0 E Page -10- can be suitably buffered from surrounding uses if necessary. (7) The proposed zoning or substitute will not create a density pattern,thatwould-overburden public facilities such as -schools, streets -and utility services. - (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use-hasnot beerr inordinately burdened by urmecessary-restrictions. (10) _ The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. The Planning Board recommends to City Council to approve Rezoning Petition No. 06-008-R, from-RSF-1 to CPO. - c) - Vote on -motion, VOTE YEA NAY ABSTAIN ABSENT _ _KIRK CHANDLER iUfARKHAM WATFORD - L. WILLIAMS MOTION. -DENIE R D. Couneif-Member - - ------ moved-o-ai)pfma-proposed--ftesolation --fdo. fj -04 authorizing signing of the Cit of Okeechobee Public Depositors Report by the City Administrator, - - Acca is upervisor; and Account Clerk-= CT Attorney (Exfii6it-fi , seconded by CouncT Nfember Vote on motion. - -VOT' - -YEA-._ NAY ABSTAIN- -ABSENT- - - - --- - - - -- KIRK _ -- CHANDLER- MARKHAM WATFORD __-_ __ _ _ _ L. WILLIAMS V MOTION: DENIED ARRIED. E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the __--GeraldineBertr-amproperty, Case -No: 05-217, located at 9G2 N-W-19'-Street; violatiarrSeetiert20 3&1-- containers required for trash and Section 30-36, dumping, depositing, leaving on or near street - City -Attorney. - _ - - - - - F. Council Member . ' Zd to approve the ranking f Grant Administrator for Grant-- ----City- Administrator--(ExhibW 14, seconded by -Council--Member- 1' - -- Vote on motion.' t�� r- � - ------ - - 0 0"5 � _ -VOTEYEA_.-NAY_.__ABSTAIN__.._ABSENT_P2 _____AX.---MAYOR_ GWADJOURNED THE MEETING_AL__ -__ _ __PmM --_- _-- - 9Z,,c Lej, py , M e�, 'ka ke 6-j 427i CITY OF OKEECHOBEE APRIL 4, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 6 I. CALL TO ORDER - Mayor: April 4, 2006, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor James Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present Bettye Taylor with a Ten Year Service Award. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 21, 2006 Regular Meeting. APRIL VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1/11. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. • A.1.a) Motion to table the final reading and adoption of proposed Ordinance No. 934 until May 2, 2006 - City Attorney (Exhibit 1). b) Vote on motion. 2006 - Crry COUNCIL AGENDA - PAGE 2 OF 6 B.1.a) Motion to read by title only proposed Ordinance No. 938 regarding Future Land Use Map Amendment Application No. 06-006-SSA, submitted by property owners Jorge and Stella Fulleda - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 938. 2.a) Motion to adopt proposed Ordinance No. 938. (Land Planning Agency is recommending denial) b) Public comments and discussion. 0 c) Vote on motion. CA.a) Motion to read by title only proposed Ordinance No. 939 regarding Future Land Use Map Amendment Application No.06-008-SSA submitted by Mark Brandel, on behalf of property owners B & R Enterprises of Okeechobee, LLC - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 939. 2.a) Motion to adopt proposed Ordinance No. 939. (Land Planning Agency recommends approval) APRIL 4, 2006 - WY COUNCIL AGENDA - PAGE 3 OF 6 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.2.b) Public comments and discussion. c) Vote on motion. is DA.a) Motion to read by title only proposed Ordinance No. 940 regarding Future Land Use Map Amendment Application No. 06-009-SSA, submitted by property owner, James E. Frasier, III - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 940. 2.a) Motion to adopt proposed Ordinance No. 940. (Land Planning Agency is recommending approval) b) Public comments and discussion. c) Vote on motion. • EA.a) Motion to read by title only proposed Ordinance No. 941 regarding Future Land Use Map Amendment Application No. 06-010-SSA, submitted by Steven L. Dobbs, on behalf of the property owner, InSite Development Group, LLC - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 941. 2.a) Motion to adopt proposed Ordinance No. 941. (Land Planning Agency is recommending approval) b) Public comments and discussion. c) Vote on motion. APRII VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 6 F.1.a) Motion to read bytitie only proposed Ordinance No. 942 regarding Future Land Use Map Amendment Application No. 06-011-SSA, submitted by property owner Susan Sevier -Sullivan (Exhibit 6). 0 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 942. 2.a) Motion to adopt proposed Ordinance No. 942. (Land Planning Agency is recommending approval) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. • A.1.a) Motion to read by title only and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 943 regarding Rezoning Petition No. 06-006-R, submitted by Mark Brandel on behalf of property owner B & R Enterprises of Okeechobee, LLC to rezone Lots 4 - 6, Block 117, Okeechobee, from Residential Single Family (RSF) Zoning District to Light Commercial (CLT) Zoning District - City Planning Consultant (Exhibit 7). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 943. 2.a) Motion to approve the first reading of proposed Ordinance No. 943. b) Discussion. c) Vote on motion. AFML VIII. NEW BUSINESS CONTINUED. 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 6 B.1.a) Motion to read by title only and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 944 regarding Rezoning Petition No. 06-007-R submitted by property owner James W. Fraser, III to rezone the South one-half of Lot 5 and all of Lot 6, Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District - City Planning Consultant (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. 0 City Attorney to read proposed Ordinance No. 944. 2.a) Motion to approve the first reading of proposed Ordinance No. 944. b) Discussion. 0 Vote on motion. CA.a) Motion to read by title only and set April 18, 2006 as a final public hearing date for proposed Ordinance No. 945 regarding Rezoning Petition No. 06-008-R submitted by property owner Susan Sevier -Sullivan to rezone Lots 2 and 3, Block 3, South Okeechobee, from Residential Singe Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District - City Planning Consultant (Exhibit 9). • b) Vote on motion to read by title only and set final public hearing d p gate. c) City Attorney to read proposed Ordinance No. 945. 2.a) Motion to approve the first reading of proposed Ordinance No. 945. b) Discussion. 0 Vote on motion. 0 APRIL 4, 2006 - CITY COUNCIL AGENDA - PAGE 6 OF6 VIII, NEW BUSINESS CONTINUED. D. Motion to approve proposed Resolution No. 06-04 authorizing signing of the City of Okeechobee Public Depositors Report by the City Administrator, Accounts Supervisor, and Account Clerk - City Attorney (Exhibit 10). E. Consider Code Enforcement Board recommendation to begin foreclosure proceedings on the Geraldine Bertram property, Case No. 05-217, located at 902 NW 10'h Street, violation Section 30-35, containers required for trash and Section 30-36, dumping, depositing, leaving on or near street- City Attorney (Exhibit 11). F. Motion to approve the ranking of Grant Administrator for the CDBG Grant - City Administrator (Exhibit 12). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Cleric. 0 EXHIBIT 1 to APML 4, 2006 INTER OFFICE a,e,5 RA=RA^n A wln TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Proposed Ordinance No. 934 DATE: March 29, 2006 Proposed Ordinance No. 934 was tabled at the March 21, 2006 meeting until the April 4, 2006 meeting, as requested by the applicant. This is to advise you that they need to continue to table the matter until the May 2, 2006 meeting. Their engineering firm is working with the City Planning Staff on responding to requests for additional information regarding both their small scale and rezoning applications. The materials were recently submitted and the LPA and PB will be considering their applications at the April 25 meeting. Should you have any questions please do not hesitate to contact me. Thank you. • Ex[iIBIT 2 AnUL 4, 2006 ORDINANCE NO. 938 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-006-SSA), submitted by property owners, Jorge and Stella Fulleda, for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.332 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-006-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: LOTS 1 AND 4 OF BLOCK 12, WRIGHT'S FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Page 1 of 2 E E SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 938 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4T" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 4" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 0 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 391 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 L1 t L5 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn�to,and subsc d before me this y daypf /� c`�"� ``✓1 ,�, A.D. 20 0 Notary Public, State of Florida at Large PUBLIC NOTICE fANSIDEAATIORDINANCEON OF ADOPTING A CRY PLEASE TAKE NOTICE to the % Council of the City of Okeechobee, Florida will on Tuesday AM 4 2006 at 6: p.m. or as scar thereafter possible at City Hall, 55 SE 3M Ave., o�Ceechobee, FL conduct a PUBLIC NWING on and there'a0er consider *W ct the f rrpp Ordhrance kilo law N0. I136: AN ORDI- NANCE OF THE CRY OF OKEECct HOBEE FLONDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO, 635 AS AMENDED, BY REVISIMS THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINOLE FAMIL (SFl TO MULTI- FAMSY (IT PROIROING FOR INCLUSION OF ORDINANCE AND NEYIBED FU• TUBE D GBE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN The arE E � ardbq Small Scale Comprehensive Plan Fan Land Use Appk- Catlorr No. 0Fi•006-SSA submitted by property owners Jorge and Stage Fulkda. The rreeh�eeat is to change the Ful re Land Use designation from Single Family (SF) to tdultl Family (RAF) tar property located at 602 Southeast 10tlh Avenue. Legal de- s d on• Lots i and 4 of Block 12, Wdgw First Addition to Okeechobee, Mat Book 1, Page 13, PUWk Records, Okeedobee, County, Florida and is appmp- matey 0 ehee(S . NI members of nle are encouraged to aftend and particpate In said hearing. The proposed 0 laore may be inspected in its ealintty by members of the pub- lic In the office of the Clty Clerk during regular business hours, Mon•Frf, Bam•4: exc fa s. PLEASE T E OIOTI E or BE ADVISED that If wry person deakes to appeal any decision made by Ste CAy Courd with respect to any matter considered at this hearing, such Interested person win need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings Is made, wNch raced includes the testimony and evidence upon which the appeal Is to be baslCily Clerk tapes are for the sole purpose of backup for official records of the In accordance with the Americans with Disability Act (ADA) and Florida Stables 286.26, persons with dsabigtias needing special accommodation to participate in this proceeding should contact Lane Gamiolea no later than two (2) working days prxx to the reeding at 863-763.3372 x215; a hearing or voice impaired, call TOD 1-800.222-3448 (voice) or 1-888-447.5620 (TTY). Lane Gamlotea, CMC, CITY CLERK 1233910N 3/24/06 City of Okeechobee General Services Department 55 S.E. 31 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Comprehensive Plan Map Amendment Application Please Check One: V"Small Scale Amendment (Under 10 Acres) — Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): j f 5--VQCx, \j �\ Owner mailing address: l j3 q Qkq FL 3 Li q 7 2 Name of applicant(s) if other than owner (state relationship): Applicant mailing address: - (� )( 1.� 3 LF 0�<C b E L 3 4 CA i 3 Name of contact person (state relationship): 'Z- 5 Contact p erson daytime hone(s): S63 14 H1 - -6205 Fax: ✓ Property address / directions to property: Go5 e 1 V e Parcel Identification Number: 3-- 2 Z- �l -- J -- 0 3 j d Size of the Property (in acres): O.� o Current Zoning Designation: - Current Future Land Use Designation: s 1 nale- = Existing Use of the Property: Proposed Future Land Use Designation: D v 2 R1 Proposed Use of the Property: Description of Surrounding Properties: 51 r --= Legal Description of the Property (Lengthy Description May be Attached): I Cad '4 a aloC,). !q i�c` nos [s+ Add C+cL\n-+o M&� " oLe2 NO U i P Uniform Land Use Application (rev. 12103) Page 1 of 2 J Survey of Property (11" x 14", 20" Scale) ✓ Letter Outlining Request Notarized Letter of Owner's Authorization it/ Application Fee (non-refundable) ✓ City Location Map 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 summary denial of this application. Suture Printed 14ame Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 U February 27, 2006 City of Okeechobee Okeechobee, FL To whom it may concern, We are requesting to rezone the property on 602 SE 10th Ave. from a single family home to multifamily housing. We plan to demolish existing property to build a duplex. We believe there is a need for affordable and decent rentals target to teachers, nurses or middle - income families in the city. Are goal is also to improve the neighborhood by building an attractive duplex. Thank you, Jorge and Stella Fulleda Owners of property ISCALE 1"=30'1 N. E. CORNER _ _ _ _ _ S. E_6TH_STREET LOT 2 — BLOCK 12 CENTERLINE \ 0 "U N906 00' 00' E 145. 16' ( F) o Vi 1 /2• OPF 145. DO'( P) IN OPF i 0' LU J I u -_j Q of m- 3 O I O o 0 z c u 10' LOT 1 i IQ N 38.74' SCREEN PORCH SCREEN PORCH I .de�CD LO WOOD FRAME b HOUSE o ON BLOCKS — 56.00= — - — — .332 ACRES LOT 4 TREE STUMP 5' RBS 0/S S. E. CORNER LOT 3 BLOCK 12 145.00' (P) N89' 53' 47' E 139.95' (F) LOT 5 33.82' LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAIL AND TAB FOUND (P) - As per the plat of (F) - Field Measurement N N. CORNER (0) - As per the deed LOT 2 (C) - Calculation BLOCK if NOTES: 1. Basis bearing THE CENTERLINE OF SOUTH EAST 10TH AVENUE RBF 2. Bearings per PLAT - _ ) 3. Not valid without the signature and the original raised 20' I 20seal of a Florida licensed surveyor and mapper. 4. Description as per owner i W 2I STREET ADDRESS: LU 602 S. E. 10TH AVENUE QIZ o = J CERTIFIED TO: ICC JORGE FULLEDA 3 O LIJ tD Z o tj j I U SURVEY OF: LOTS 1 AND 4, BLOCK 12, WRIGHTS FIRST ADDITION TO OKEECHOBEE, b �) ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 13, z PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. n I 0 C; Ln CERTIFICATE OF SURVEY 20' RBF I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPS VISION. LEL c91u2.9YAL,... RL $�B4 LEL/�ND DYl�LS R. L. S. 2084 304 S. N. 3rd Ave.,Okeechobee, Fla. r ....�-4M FXY ....7s3-aeon P - 30' LOBATIM L-i" 8-i2, NIOM WIVISIN SE22-7P37S-R836E JORGE� FULLEDA M M,8,06 eim "� Liam" JIM aF .a .: Ca 84,23 1 Na MVISIOrs vATe I er W-4L 6 7 230 e 9 230 10 185 li S. E. 6TH CT. I S. E. B TH STREET S. E. 3RD CT. 85 21 0 _ 16 = 15 m 4i 85 87 vi , 75 7� I . 75 � 1" 2 3 4 5 6 1 8 � 9 25 J5 .. 120. t0 S. E. B TH COURT 75 15 135 86 2 87 88 09 90 91 92 93 94 139.1 35 S. E. 9 TH STREET 5 75 78 0 79 80 81 9 2 3 45 45 1 4 6 5 8 7 10 !1 145 9 NS 12 S. E. 5 TH STREET 145 145 2 i 3 4 6 5 7 8 10 9 11 12 145 1 S. H. 6 I H 51 HEE I 145 2 145 i w w w w 8 F-- 7 10 Y 9 � i1 4 12 g 14 wi � S. E. 7 TH STREET 45 145 2 i 3 4 6 5 7 8 9 11 12 1 td 3 4 6 5 7 10 9 145 i 2 3 1 4 5 � 6 145 1 145 11 1 2 83 4 5 6 J451 1 145 � 1 2 3 4 5 6 t4 1 3 ( 5 7 9- 245 55 5 A( 5L 53 24E I� I4'° GO°1 S. E. 9 TH COURT f01 75 7 w 39 • 1375 Jackson eet, Suite 206 Fort Myers, FWda 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning CC att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for.• Applicant: Petition No. The City of Okeechobee Jorge & Stella Fulleda 06-006-SSA Staff Report Applicant: Jorge & Stella Fulleda Small -Scale Comprehensive Plan Amendment Petition No. 06-006-SSA Applicant/Owner: Jorge & Stella Fulleda Applicant/Owner Address: P.O. Box 434 Okeechobee, FL 34973 Applicant/Owner Phone Number: 863-447-3205 Legal Description: Lots 1 and 4, Block 12, Wrights First Addition to Okeechobee according to the plat thereof recorded in Plat Book 1, Page 13, public records of Okeechobee County, Florida. Request: The applicant requests a change on the Future Land Use Map from Single Family to Multi -Family. The property is 0.332 acres in size. This would allow the applicant to construct approximately 3 dwelling units on this parcel as the RMF Zoning and Multi - Family Future Land Use category allow 10 dwelling units per acre. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single -Family RMF Single -Family Residence Single -Family RMF Single -Family Residence Single -Family RMF Single -Family Residence Single -Family RMF Vacant The subject property is developed with a wood frame house. The applicants plan to demolish this structure and construct a duplex on the site. This development will have Staff Report Applicant: Jorge & Stella Fulleda Small -Scale Comprehensive Plan Amendment Petition No. 06-006-SSA public utilities. The property has a zoning classification of RMF and is designated Single - Family on the Future Land Use Map. The applicant proposes to amend the FLUM to Multi -Family to provide consistency with the existing zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) B. Concurrency of Adequate Public Facilities Public facilities will be available for the site. Traffic impacts cannot be determined specifically. C. Compatibility with Adjacent and Nearby Land Uses The change from Single -Family to Multi -Family Future Land Use category would create an incompatible use with the surrounding neighborhood. Although the zoning in the surrounding area is RMF, the existing uses are all single-family residences and as such are consistent with the Future Land Use category. (See Future Land Use Map Attached). D. Compliance with Specific Standards of the Plan. Objective 3 states, "the City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations, which are not consistent with the Future Land Use Element." The applicants' request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The subject property is within the Single -Family Future Land Use category and is developed with a single-family residence. Analysis and Conclusions The request to amend the Future Land Use Map from Single Family to Multi -Family is not recommended for approval based on the above information. Maps or Diagrams Submitted by: James G. LaRue, AICP March 20, 2006 2 CITY OF OKEECHOBEE LAND PLANNING AGENCY MARCH 28, 2006 SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairperson. Land Planning Agency, March 28, 2006, 6:45 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice -Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency Member John Whidden Alternate Member Carol Johns Alternate Member Epifanio Juarez Attorney John R. Cook General Services Secretary Betty Clement Deputy Clerk Melisa Eddings III. MINUTES - Secretary. 1of10 Chairperson Ledferd called the March 28, 2006 Land Planning Agency meeting at 7:35 p.m. Deputy Clerk Eddings called the roll: Present Present Absent (with consent) Present Present Present Present Present - serving as voting member Absent (without consent) Absent (without consent) Present Present (Deputy Clerk Eddings was present in the absence of Secretary Katrina Cook) Chairperson Ledferd assigned Alternate Member Johns to act as a voting member in the absence of Agency Member Terry Burroughs. A. Motion to dispense with the reading and approve the Summary of Agency III2006, There was no official action taken on this matter as the Summary of Agency Action for February 28, Action for the February 28, 2006 regular meeting. was not distributed to the Agency Members for review by this meeting time. March 28, 2006 - Land Plannin 2of10 IV. NEW BUSINESS. A. Comprehensive Plan Future Land Use Map Amendment Application No. 06-004-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located at 702 and 704 Southwest 7" Avenue. The application was submitted by Malissa Morgan on behalf of property owners A Child's World Childcare and Preschool, Inc. B. Comprehensive Plan Future Land Use Map Amendment Application No. 06-006-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 1 and 4 of Block 12, Wrights First Addition to Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located at 602 Southeast 10`h Avenue. The application was submitted by property owners Jorge and Stella Fulleda. Mr. Jim LaRue, Planning Consultant, requested this item be tabled on behalf of the applicant, as the project engineer, Mr. Jeff Sumner, is currently working with Mr. LaRue and his staff on the matter. Therefore this item will be presented at the April 25, 2006 meeting. A memorandum was distributed to the Agency Members from Mr. Jeff Sumner of this request. Agency Member Hoover motioned to table Comprehensive Plan Future Land Use Map Amendment Application No. 06-004-SSA, as requested by Mr. LaRue on behalf of the applicant; seconded by Agency Member McCoy. VOTE HOOVER - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: �J Planning Staff Report Summary: The subject property is developed with a wood frame house. The applicants plan to demolish this structure and construct a duplex on the site. This development will have , public utilities. The property has a zoning classification of Residential Multiple Family and is designated Single Family on the Future Land Use Map. The application proposes to amend the Future Land Use Map to Multi -Family to provide consistency with the existing zoning. Planning Staff Report Comprehensive Plan Analysis: (A) The subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and March 28, 2006 - Land 3 of 10 IV. NEW BUSINESS CONTINUED. B. Comprehensive Plan Future Land Use Map Amendment Application No. 06- 006-SSA continued. hazards. (B) Public facilities will be available for the site. Traffic impacts cannot be determined specifically. (C) The change from Single -Family to Multi -Family Future Land Use category would create an incompatible use with the surrounding neighborhood. Although the zoning in the surrounding area is Residential Multiple Family, the existing uses are all single-family residences and as such are consistent with the Future Land Use category. (D) Objective 3 states, "the City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations, which are not consistent with the Future Land Use Element." The applicants' request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. The subject property is within the Single -Family Future Land Use category and is developed with a single-family residence. • Planning Staff Report Analysis and Conclusions: The request to amend the Future Land Use Map from Single Family to Multi -Family is not recommended for approval based on the above information. Mr. Jorge Fulleda, property owner, explained that his intentions are to build a duplex on the property. Mr. "Cowboy" Raulerson, surrounding property owner, stated to the Agency that he had no objections with Mr. Fulleda improving the property and building a duplex. His only concern is the heavy traffic in the area already, another multi -family dwelling would continue to impact the neighborhood. The Agency Members discussed the request in regards to it not being consistent with the Future Land Use Map. Agency Member Hoover motioned to recommend denial to City Council to approve Comprehensive* Plan, Future Land Use Map Amendment Application No. 06-006-SSA, to change the land use designation for Lots 1 and 4 of Block 12, Wrights First Addition to Okeechobee, from Single Family (SF) to Multi -Family (MF); seconded by Agency Member Keller. March 28, 2006 - Land Plannin 4of10 IV. NEW BUSINESS CONTINUED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 06- VOTE 006-SSA continued. III HOOVER - YEA C. Comprehensive Plan Future Land Use Map Amendment Application No. 06- 008-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 4 through 6 of Block 117, Okeechobee, from Single Family (SF) to Commercial (C). The subject property is located at 309 Northeast 6' Avenue. The application was submitted by Mark Brandel on behalf of property owners B & R Enterprises of Okeechobee, LLC. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy - NAY WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Summary: The applicant is requesting this Future Land Use Map change in order to operate a professional office. Planning Staff Report Comprehensive Plan Analysis: (A) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single -Family Future Land Use category and the Residential Single Family -One Zoning District and is already developed with a single-family residence. (B) Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. (C) The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing zoning and the existing use are all compatible with each other and the surrounding area. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. • . EXHIBIT 3 APen. 4, 2006 ORDINANCE NO. 939 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-008-SSA), submitted by Mark W. Brandel, on behalf of the property owners, B & R Enterprises of Okeechobee, LLC., for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.518 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-008-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 4 THROUGH 6 OF BLOCK 117, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Page 1 of 2 • 11 SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 939 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4T" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 4t'' day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 *The Okeechobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of l tom" 1"tAx-fJLt, r��T - zut�-4n�c,c.2� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 0_1-_� -. H .� 0 C �o Affrant 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. Swomie(and suKsafibed before me this �% ' KNIZVOTICE CONSAD mT10N��ADEPtINO PLEASE TAKE NOTICE that I he CKv Coundl. of the CRY of Okeechobee, Rorkia rrN on Tuesday, April 4, 2006 at 6. p.m. a as soon Ilierealbrposslale. at CAy . 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARINNGEi on and tlh�atlar consider final readsng of the fo Oidinwica into, law. N0. 989: AN OIOI NANCE OF THE CRY OF OKEECHO FLOMINA AMENDM IO TIRE CRY OF OKEECHOBEE COMPREHENSIVE PIAN, ORDINANCE N0. 535 AS AAIBID® REVISING THE FUTURE LAND USE MAP ON A CERTAIN 1RACT OF LAND MIME PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY f gF) TO COM MEICIAL ICI; PROVIDING FOR iMCLUSION OF ORDBWICE AIN REYMED FU TUBE UN USE MAP IN THE COMPRENENSIVE PLAN; PROYIDINO FOR AN EFFECTIVE DATr¢Lpard The ordinance Is 08 � Small Scala Cogpiabensive Plan Fusee Land Use App9 cation No. 06.0 SSA si mAtad- Mark RoK on Wd of maDertvowners 8 & R Enterprises of Okeechobee, LLc The,MWW is to dwga Vie Friona Land Use desionabori tram Single Fam9y (SF) to CommacW ( for k rMed at 3D9 NaUheast 6th Avenue. Legal descripson Lola 4 io of �17, City of Okeechobee, Plat Bank 5, Pa 5. public remade Okeechobee Coady, Fkhdda and is approdmately 0.518 acres .. All members a the pubic are encouraged Inspected to atland and partlmMate h a PW The proposed Ordinance meyy be inspected h Its erNrety by Ric in the Office of'tha CIy Clerk during regular business hours, Mon -Fri, Berm-0:30pm,exc forhoeddays. PLEASE TAKE NOTICE AND BE ADVISED that 9 any person rleeUes to appeal arty decision made byy the City CounrJ with respect to matter considered at tthla hearing, such kderested person will need a recerd� the proceedings, be and for such pwhichuiPosa may need to ensure a verbdim record of the Droceedlkilp; Its made, Is to be based. City Clerk tapes area the sde purpose at backup tor upon which ��Mda[ WV[ of the Clerk In accordance with the Americans with Disabil" Act and Florkla 286.26, persons with disabDtles rowing special acc (amrwmn dallon participate h this proceeding should cadact Lane Gandotea no later do two (2) wA4 days r or to the pprrooceed nit at 863.763 3372 YLi5; B hearing or voice i 19", call TDD 1-800-712-3448 (voice a t-888 447.5620 (TTYI. Lane Gamiaea, CMC, CITY CL�RK 123394 ON 3/24/06 .-'q City of Okeechobee General Services Department 55 S.E. 3ra Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 69-tion No. —00 SSA - Fee Paid: , (� Jurisdiction: 1st Hearing: b 2nd Hearing: Q Publication Dates: IPA �f to 4. ap ( top U-, 3Vacllortp 1 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: )( Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of propertyowner(s):,����,y�G� A Owner mailing address: ���S-�(/ �% �/ srLa� ��c Lr ��� G 7 P P Name of applicant(s) if other than owner (state relationship):�r/c GGf. D�e, r c Applicant mailing address: ,�s �6 c, u A-, ;; Name of contact person (state relationship): �. C.v . �✓� �'l kC�� T Contact person daytime hone(s): pc2� 3 76 3--1,e 7-�?/o Fax: 7473' ✓ Property address / directions to property: "V- eF- E. Parcel Identification Number 3'— /s -- -3 -7 - 3 . F0/O — c' / / -/0 --cc, Y'0 Size of the Property (in acres): , .5'/jj� Current Zoning Designation: �-r Y:. ;R' Current Future Land Use Designation: S,G O` R Existing Use of the Property: ty: K'-aC'4NT Proposed Future Land Use Designation: R; T ` Proposed Use of the Property: Y Description of Surrounding Properties: ilk? Legal Description of the Property (Length Description May be Attached): c,c Uniform Land Use Application (rev. 12/03) Page 1 of 2 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 info tion may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days a res� the�a''u ipary denial of this application. (3 e CO Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 0 • B & R Enterprises of Okeechobee, LLC 2525 N.E. 131" Lane Okeechobee, FL 34972 February 13, 2006 TO: The City of Okeechobee RE: Comprehensive Plan Amendment/Land Use Change 309 N.E. 6 h Avenue The above property is surrounded by vacant lots, one residence and diagonally across from a commercial endeavor. It is our desire to relocate our offices to this location. Use would consist of light traffic and minimal occupancy at any given time. We will appreciate your positive consideration of this request. R, L Mark W. Brandel Managing Member B & R Enterprises of Okeechobee, LLC 2525 N.E.131" Lane Okeechobee, FL 34972 February 13, 2006 To Whom It May Concern, Be advised that by this letter and as 50% shareholder, I authorize Mark W. Brandel, managing member of B&R Enterprises of Okeechobee, LLC and himself 50% shareholder, to act in my behalf regarding any issues having to do with the property located at 309 N.E. 6 h Avenue, Okeechobee, FL. ackie Rediker 201 N.E. I Oh Street Okeechobee, FL 34972 CC' 'P Y.'°Ic,,, MARGARU E. BOWERS ' * MY COMMISSION t DD 328960 EXPIRES: June K 2008 s`'kaF�oeOc Banded ThruBudget Notary Services BOUNDARY SURVEY PREPARED FOR B 84 R ENTERPRISES OF OKEECHOBEE DESCRIP TION.- LOTS 4, 5 AND 6, BLOCK 117,, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NO TES.• 1) UNLESS SHOWN O ERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) St TE ADDRESS.- JC 9 N. E. 6TH A VENUE. 3) PARCEL ID.- 3-15 37-35--0010-01170-0040. 4) F.I. R. M. ZONE- UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE CITY LIMITS 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELETIONS TO SURVE�' MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIB17FD WITHOUT WRITTEN C01YSENT OF THE SIGNING PARTY OR PARRES 7) DATE OF LAST FIEF D SURVEY 01/09/06. r EDGE SPMAL7 (ASPHALT ROAD) N.E. 4TH STREET 100' R/W I rG1H1V—=. h hVOO POWER POLf MOD I OWER POLEDHWDHW DHW DHW--�o'kx OHW OHW� DHW— OHW S 89 51 '52" E 150.11 '(M) 150 (P) — � Q FOUND 5/8"IRON ROD FOUND 5/8"IRON ROD CAP DEHAYS 5176' I A CAP DEHAYS 5178' I N WATER-� METER -- 50.0' - —— - 28.1' - - 28.5' - Ij I FOUND 5/6'IRON ROD (NO 1.D,) WOOD ANCHOR PON£R POLE 7 ARED FOR THE EXCLUSIVE USE B & R ENTERPRISES OF DESCRIPTION REFERENCE: PROM BEARING REFERENCE: THE EAST TRADEWINDS PR 52.0' - — — — — — — 69.7, — — — — TOTAL PARCEL CONTAINS t0.518 ACRES I I I I I W 150.1 15' ALLEY FOUND 5/8"IRON ROD & CAP DEHAYS 5178" DESCRIPTION BOUNDARY SURVEY REVISE SURVEY FIELD DATE BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 171/76-77 OF N.E. 6TH AVE. IS TAKEN TO BEAR N00'01'02"E FILE: 20109 SSIONAL SERVICES, INC. SURVEYORS ANDVIAPPERS 200 S.W. 3rd Av enue Okeechobee, FL 34974 10 Tel: (863) 763— 867 41—)axmi Kenneth A. Breaux, Jr . lm� V� - (PSM 4820) Certificate uthorization No, LB 671E mg)D�i H 1 30 SCALE IN FEET MAP SCALE: 1 INCH a 30 FEET LEGEND: (M) = FIELD MEASUREMENTS (P) = PLAT DIMENSIONS (� = CENTERLINE DWG. DATE BY CK 02/110/06 1 WC KAB SCALE: 1" = 30' JOB NO: 20109 STANDARD NOTES: No search of the public records for 1 determination of ownership or restrictions affecting the lands shown was perforlmed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this.._.. survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. J 17 7 18 8 19 9 20 142.5 142.5 10 50 50 n nmallmF m ummlmwaoele 6 5 4 3 2 1 9JHmlmmmaM J 8 9 10 11 12 3 50 15 5 16 6 17 7 18 142.5 142.5 8. N. 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E 6 TH STREET . 0011 5p 50 1 6 5 4s 3 2 55�RJ C ( CALC. J1537350010 000100011 �7 8 9 f0 11 12 .86 AC (CALC.) 50 50 N. E. 5 TH STREET 31537350010000f OOO1J 50 50 50 50 110 nmlJa lmllJ�lo W nm mlanmmm ""m'n [ 1 J ) 6 5 4 3 2 1 4 3 2 f N. 78 1 [CALC. ) Lz o ¢ e 128.6 Z B1. 3 J15J7J5001000010001F f— nmmalmlmmn r, nvnJammlaJW Ilmmm 7 6 9 10 11 12 L 5 6 7 B 9 [IF) z 50 50 50 50 50 .62 AC N. E. 4 TH STREET 5J13500100001000 50 50 50 50 1mmYl1 JJ4VmmMMllmaa %mJflmmlllmam lImJMY1Y11Cw,a mVnmmYllmaY 6 5 4 3 2 1 6 5 4 3 2 1 g (iD) 69 AC 7rnmIm118 m 9 to 11 12 7 8 9 10, 11 12 [CALC. ) 50 50 50 50 N. E. 3 RD STREET 50 50 Jlmmmlmlmsw ui mnJaouax ICJ urmelmla z 6 S 4 3 2 1 w ¢ g w ,m,oma.l.,®m ,ImrnmlmlJmma z 5 4 3 2 ) �' [10 w 48 AC '¢ S ALC. 1 LO �1 ^]IV,}.p01mlNmn lln,lYtllalJ,mla (� ^mV1nIMbJ�Y 7 8 9 10 11 12 w 6 7 8 9 [1H) z z 50 50 50 50 67 AC N. E. 2 ND STREET MDLc. ) 315373500I0000f0001N 50 50 14 6 6 5 4 3 2 1 315373500f001480002D 8C Z79. 47 AC 7 8 9 1 i 1 12 31 373500100148000 f02520-00A0) 221. 23 nlJr!•e0oWnnaml i02520-00A1) A B C D E F-' 4 2 71 1m]IAGmlmmmlY 3 zla 4 wame5 amour. 230 6 uJ»mmammooala 7 230 8 9 10 185 li / / YYmm..11, 12 lImJJJ}Immn10 f 34. B9 � 2 WATER w[[LL`LJ 007 munmmmommma 6 1 1375 Jackson treet, Suite 206 • Fort Myers, Jackson 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning @ att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for.• Applicant Petition No. The City of Okeechobee B & R Enterprises of Okeechobee, LLC 06-008-SSA Staff Report Applicant: B & Enterprises of Okeechobee, LLC Small -Scale Comprehensive Plan Amendment Petition No. 06-008-SSA General Information Applicant/Owner: B & R Enterprises of Okeechobee, LLC Applicant/Owner Address: 2525 N.E. 131" Lane Okeechobee, FL 34972 Applicant/Owner Phone Number: 863-763-6796 Applicant Fax Number: 863-763-9154 Legal Description: Lots 4, 5 and 6, Block 117, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.52 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. The applicant is also requesting a rezoning change from RSF-1 to CLT for the property. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-1 Vacant Single Family RSF-1 Vacant Single Family RSF-1 Single Family Residence Single Family RSF-1 Single Family Residence Staff Report • Ap plicant: B & R Enterp& of Okeechobee, LLC Small -Scale Comprehensive Plan Amendment Petition No. 06-008-SSA The applicant is requesting this Future Land Use Map change in order to operate a professional office. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single - Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single - Family Future Land Use category and the RSF-1 Zoning District and is already developed with a single-family residence. B. Concurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single -Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing zoning and the existing use are all compatible with each other and the surrounding area. (See Future Land Use Map Attached) D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. 2 4PStaff Report • Applicant: B &Enterprises of Okeechobee, LLC Small -Scale Comprehensive Plan Amendment Petition No. 06-008-SSA Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP March 20, 2006 3 March 28, 2006 - Land Planning Agency - Pale 5 of 10 IV. NEW BUSINESS CONTINUED. C. Comprehensive Plan Future Land Use Map Amendment Application No. Planning Staff Report Analysis and Conclusions: Based on the above information, staff does not 06-008-SSA continued. III recommend for approval of this request. Mr. Brandel explained to the Agency that his intentions are to use this property for a professional office and he does not feel it will have an adverse effect on the neighborhood as there are already commercial businesses in the area Mr. Robert McCrocklin, residing at 604 Northeast 3rd Street, stated that he had no objections of Mr. Brandel's intentions as he does not want to stop progress. He also commended the Land Planning Agency for being discreet with their decisions. His concern is the use of the property, should it be sold • and keeping it as an appropriate use for the area. Mr. Dowling R. Watford, Jr., residing at 701 Northeast 5' Street, stated that he had no objections of this request. He clarified for general purposes that Watford Trucking had been "grandfathered" as Commercial use within a Single Family Future Land Use category, since at the time the business began, there were no zoning laws. He also informed that the trucking company has not detoured the growth of single family homes being built in the area as there was a new home recently built within two blocks from the trucking company. Mr. Ed Basile, owner of business on Northeast 3' Street and 6' Avenue, stated he had no objections for this request. His concern was the traffic and requested a four way stop sign be placed at Northeast 3rd Street and Northeast 6' Avenue. The agency members briefly discussed the request regarding the consistency with the Future Land Use • Map designation. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-008-SSA, to change the land use designation for Lots 4 through 6 of Block 117, Okeechobee, from Single Family (SF) to Commercial (C); seconded by Agency Member Whidden. March 28, 2006 - Land 6 of 10 IV. NEW BUSINESS CONTINUED. C. Comprehensive Plan Future Land Use Map Amendment Application No. III VOTE 06-008-SSA continued. HOOVER - NAY FELLER - YEA LEDFERD - YEA MAXWELL - NAY MCCOY - YEA WHIDDEN - YEA JoHNs - NAY MOTION CARRIED. D. Comprehensive Plan Future Land Use Map Amendment Application No. Mr. LaRue briefly reviewed the Staff Report as follows: 06-009-SSA. Consider a recommendation to the City Council to change the land use designation for the South -half of Lot 5, all of Lot 6 of Block 8, Planning Staff Report Summary: The applicant is proposing to amend the Future Land Use Map to South Okeechobee, from Single Family (SF) to Commercial (C). The allow commercial uses on the subject property. The property is developed with a vacant single family subject property is located at 1008 Southwest 2°d Avenue. The application residence. Concurrent with this request, the applicant is proposing to rezone the property to Commercial was submitted by property owner James E. Fraser, III. 11 Professional Office. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. • • EXHIBIT 4 APRIL 4, 2006 ORDINANCE NO. 940 AN ORDINANCE OFTHECITYOF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-009-SSA), submitted by property owner James E. Fraser, III, for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.25 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-009-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: SOUTH -HALF OF LOT 5, ALL OF LOT 6, OF BLOCK 8, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Page 1 of 2 • • SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 940 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4T" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 4t" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 • The Okeechobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise_ l ment, 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 not 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. Sworjt to*d svbs .bed before me this �J OF ADOPT111116 AcrryEASE TAKE N0110E that the City Council Of the CITY o on Tuesday April 4, 2006 at 6A0 P.M. a as Won there 55 SE 3rd Ave., Okeechohae. FL condunt�a t'UBL� 08 rwn... w.,.. Plan e cation r re0 sdsrig A Small ted b COml �e cation No. O6- -SSA Submitted by owcer `arl Ouest is to change the Future. Lad lG 1.25 aae(s). arpd haNg. h "- oithe phhblc are encouraged m andp by pis Of the - lhe proposed OrdinNhce may be into eNketY G10 ww Ic in the Office of the CNY Clerk during regular business hours, Mon -Fri, Bain 4:30pm excepttohok S' EASE TAKE NOTICE AND BE ADVISED that N achy person desires to appeal NN decision made by the City Cohhrx l wlh respect to aM nhatN eons(h W at s hearing, such interested person VAN creed a record >f the prpceedkps, and for such purpose may need to ensure a vNbatlinwhich record fticludes the le end ev a U the record of the poceaadprapgesdls rrrede, is to be based. City Clerk tapes are for soie purpose Of baokhW for alficlal records of the Clerk, accordance with the Americans with DisabiNty Act (ADA) and Florida Sues 286.26, persons with disablIfts needkhg special accommofton topertcipate In this proceeding should contact Lane Gami0a no Is* than two (2) wori ft days prior to the proceeding at 863-763-3372 x215; it hearing or voice knpaked, cal TDD 1-800- 2-3448 ((voice or 1-888-447-5620 (rM- ane Gamiotea, CMC, CITY CLRK 23397 ON 3/24106 Adh A& Ob- 1009-SEA V City of Okeechobee MW General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: d Petition w15&- Fee Paid: co Jurisdiction: LP C , : 1st Hearing: (� 2nd Hearing(j Publication Dates: c97 a06 1 Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: XSmall Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): `A<' Owner mailing address: `vf i "I 7 3 P Name of applicant(s) if other than owner (state relationship): I � ° Applicant mailing address: PP g A- N : Name of contact person (state relationship): T Contact person daytime hone(s): S 9 f Fax: % ` cl �L0 ✓ Property address / directions to property: Jo v Sw Parcel Identification Number: -3 `oZ J - 3-7 - its O O O - Oo o iv _- 0o ,ice Size of the Property (in acres): Current Zoning Designation: S F —I P' R Current Future Land Use Designation: Sr P., Existing Use of the Property: 'E. Proposed Future Land Use Designation: C a yt.'+zxk"* j R Proposed Use of the Property: Y Description of Surrounding Properties: C'Ovn M eke A @ c .^c s s se , Legal Description of the Property (Lengthy Description May be Attached): CP S fh, Z -0 5- SW Tz, 5c.,A discA,6-e iZ Ni J-1I Uniform Land Use Application (rev. 12/03) Page 1 of 2 ✓ 'X2equired Attachments Survey of Property (I I" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) I City Location Map Uniform Land Use Application (rev. 12/03) Page 2 of 2 E • 142. 5 1 2 f 3 3213735 040000900030 3213735 040000900050 5 f 0 6 Ln 142. 5 142. 5 o LO 321373 0040001300010 321373 0040001300020 2, 3 CD � 142. 5 � 0 1 133 0 0 0 321373 040001400010 o c�D D CLn 4 CD 3 LO ` 133 C w 4 n TU CTnECT Ln 21373500 00800070 8 9 1a 0 CD 0 0 0 0 0 Q CD 11 CD ul 12 142.5 O LO 1 3 32137350040000800010 32137350040000800040 3213735OW000800051 4 142.5 6 S. W. 11 TH STREET 142. 5 142. 5 7 Cu rn q a 1 0 o m 8 o z 0 v 2 O . , C� O C:l r� r+7 9 � 3 10 4 11 5 32137350640001500110 12 6 142.5 1 W.5 Id A -) TLJ CTnEET 142. 5 142. 5 142. 5 L 32137350040000700070 32137; g 142. 5 3213E 32137 5 10 32137350KI 007001t01 Ln d 1 2 5 127. 5 142. 5 5 127. 5 142. E Q 7 Ln 321373 32137350 0160007B 9 1 142. 5 142. 10 321373 11 x LD 12 142.5 142. c MORTGAGE SURVEY PREPA}*D FOR: rKA5E-K 5HE-LT1OF2 LYING IN 5F.CTION 2 I, TOWN5HIF 3T SOUTH, KANGE- 35 E.A5T OK.F.F.CH015F-E. COUNTY, FLORIDA STANDARD NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASEMENTS, RIGHTS —OF —WAY, ABANDONMENTS, ZONING SETBACKS OR DEED RESTRICTIONS. 2. "THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. 4. UNLESS NOTED OTHERWISE, ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT OR DEED. 5. LOCATIONS OF BUILDING(S) ARE LIMITED TO THE ABOVE GROUND WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED. 6. UNDERGROUND UTILITIES, IF ANY, HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE. PROJECT SPECIFIC NOTES: 1. SITE STREET ADDRESS: 1008 SW 2nd AVENUE, OKEECHOBEE, FLORIDA, 34972. 2. FLOOD ZONE: SITE APPEARS TO LIE WITHIN THE AREA SHOWN AS "CITY OF OKEECHOBEE AREA NOT INCLUDED", PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) NATIONAL FLOOD INSURANCE PROGRAM (NFIP) FLOOD INSURANCE RATE MAP (FIRM) FOR COMMUNITY NUMBER 120177, PANEL NUMBER 0200B, DATED 2/4/1981. STANDARD LEGEND: ASPH. (OR) ASP = ASPHALT. BFP = BACK FLOW PREVENTOR. BLDG. = BUILDING. CB = CATCH BASIN. CONC. = CONCRETE COR. = CORNER. EOD = EDGE OF DIRTROAD. EOP = EDGE OF PAVEMENT. FC = FENCE CORNER. FL = FLOW LINE FILT SYS. = FILTRATION SYSTEM. FOC = FRONT OF CURB. MH = MANHOLE. NG = NATURAL GROUND/GRADE. OH = OVERHANG. OHU = OVERHEAD UTILITY (WIRES/UNES). WPP = WOOD POWER POLE. WSP = WOOD SERVICE POLE. SURVEY OF: LOT 6 AND THE SOUTH 1/2 LOT 5. BLOCK 8, "TO SOUTH OKEECHOBEE". ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. STANDARD LEGEND (CONTINUED): ® = ELECTRIC RISER/VAULT/METER. ® = TELEPHONE RISER/VAULT- = WATER VALVE/METER. = FIRE HYDRANT. = STORM WATER MANHOLE. QS = SANITARY SEWER MANHOLE. = STORM WATER CURB INLET. Ck = CENTERLINE PREPARED FOR: JAMES E. FRASER III JgHN A. WILSON, PSM PROFESSIONAL SURVEYOR AND FLORIDA LICENSE NO. LS5157 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7429 PROJECT INFO. BLOCK LXI-L1,2/1 /UN TE DRAWN/BY: 11-30-05 RR 5(JKVEY/NG&MAffING, inr- TE CHECKED Y: 11-30-05 JAWIc - - ,c as a ,is , LD SURVEY DATE: 11-17-05 LD BOOK/PAGE: 5/65-69 I OFFICE: 304 NW 5th STREET - OFCEECHOBEE OJECT WG. NO.: 05-0094 PHONE: 863-357-6688 FAX: 863-357-6684 MAIL POST OFFICE BOX 1610 - OKEECHOBEE, FLORIDA 34973 / o DA MAPPER REVISIONS BLOCK ' MOR SAGE 5URVE.Y PRE. ABED FOR= r V \SER FOUND 1' IRON PIPE I NO I.D. I SHEET 2 Or 2 (1.0w.) (HELD E/W) � - I u FOUND 5 I ' ROD _ - - — - — 7H CAP STAM7Am SK loth ST. � N1PED: - - —� - - - - - - --� M1X6N' (HELD) I ----- 370.70'(M) 370'(P) S89'46'47"E(M) -- - -- -- -- -- 157.40' (M) j 143.30'(M) 142.5'(P) 1 1 '+-1 157.5'(P) ( FOUND 4X4' FOUND 518" IRON ROD 7I I CONCRETE MCNUMENT (NO LD.) + (A 1 1 FOUND 51*9 ( IRON ROD NO I.D. (1.55)(81'W.) NO I.D. (0.2S) (HEW FOR N/5 1 ' (HELD FOR EI W ALIGYVME7V r)(a j' -) lov N I f� I4 I I I FOUND 4 X4' CONCRETEENT 1 , (DISTURBED) I I----------------- 0 1 I 1 0 FOUND 5/8-IRON ROD W7H CAP STAMPED � ~O ! I 1 1 I^ �U �'1 < LOT 4 ALMOAID P.SII 5081' v I BLOCK 8 (a t;N)(0.2; w) , m + 1 FOUND 1' /RmPAPE �---------(----- I NO I.D. (HaD E) ) FGY1l1� 5/8' 1 N.1/2 LOT 5 N894634"E ' I „NO D. f ( 142.5' (P) 143.22' I , I CHU e I 1 57.6'--coNCRETE--- v S.1 /2 LOT 5 29'g ORY"AY L-- - - - - - �� 1 1 I ' LOT 11 �, 40.3' o N �.. - CGWC: tin PORBLOCK 8^ 2 c LOT 6 n N� J s m �+i COVERED fTc rsrs 1 1 1 157.5'(P) `� 1r 24.27 1 157.33'(M) 63.5' 55.5' I _ _ 142.5' P FOUND 1- 143.19' (M) o IRON PIPE s " NO LD. —EQP N89'43 56 W--EOP -- - SHY 11th NORTH vo CO C> 1 C> m I v r , �c 1 FOUND 5/$'IRON ROD WTH CAP STAMPED. — _ — '2084 _ I N8_9-43.56"W (M) 369.99'- 370_00 (P) FOUND 5/8- /RAN ROD (BEARINC BASE) W7H CAP STAMPED: ALMOND PSMI 5081' 1 (0.1;N)(0.2'.W) FOUND 1' AREA = 0.25t ACRES IRON PIPE (a1s) 50' 37.5' 2T 12-V V 25' 50' 1 INCH = 50 FEET (1 = 50) PRO.IF(_T INFO_ RI r" DATE DRAWN/BY: 11-30-05 RR DATE CHECKED/BY' 11-30-05 JAW FIELD SURVEY DATE 11-17-05 FIELD BOOK AGE: 5 65-69 PROJECT/DWG. NO.: 05-0094 5L KVEYING&M4PPING, %nG 1.0 a5 D rA l OFFICE: 304 NW 5th STREET - OKEECHOBEE MAIL POST OFFICE BOX 1610 - OKEECHOBEE, FLORIDA 34973 PHONE: 863-357-6688 FAX: 863-357-6684 I FOUND NON Rom' f I NO ID. 1 � i 1 f 1 70' I , 1 !I I1 I I REVISIONS BLOCK BY: I DESCRIPTION: • 1375 Jacksormflireet, Suite 206 Fort Myers, Mida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report -Small S&%Acle Comprehensive Plan Amendment Prepared for. - Applicant. Petition No. The City of Okeechobee James E Fraser III 06-009-SSA Staff Report Applicant: James E. Fraser III Small -Scale Comprehensive Plan Amendment Petition No. 06-009-SSA Applicant/Owner: James E. Fraser III Applicant/Owner Address: 1730 W Las Olas Blvd. Ft. Lauderdale, FL 33312 Applicant/Owner Phone Number: 954-658-0103 Applicant Fax Number: 954-763-3801 Future Land Use Map Classification Existing Residential Single Family Proposed Commercial Zoning District RSF-1 CPO Use of Property Vacant Single Family Residence Business Office Acreage 1 .25 1 .25 Legal Description: The South V2 of Lot 5 and all of Lot 6, Block 8, SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. Request: The applicant requests an amendment to the City of Okeechobee Future Land Use Map, previously adopted by Ordinance, from Single Family to Commercial to allow an office on the property. Based on the size of the property, the application qualifies under Chapter 163 of the Florida Statutes as a small-scale amendment to the Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Single Family RSF-1 Single Family Residence Commercial CHV Vacant Multi -Family RMF Business Office Single Family RSF-1 Staff Report Applant: James E. Fraser III Small -Scale Comprehensive Plan Amendment Petition No. 06-009-SSA Existing Land Use: Church The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the subject property. The property is developed with a vacant single family residence. Concurrent with this request, the applicant is proposing to rezone the property to CPO. A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP 2 Staff Report Applicant: James E. Fraser III Small -Scale Comprehensive Plan Amendment Petition No. 06-009-SSA March 20, 2006 March 28, 2006 - Land Planning Agency - Page 5 of 10 IV. NEW BUSINESS CONTINUED. C. Comprehensive Plan Future Land Use Map Amendment Application No. III Planning Staff Report Analysis and Conclusions: Based on the above information, staff does not 06-008-SSA continued. recommend for approval of this request. Mr. Brandel explained to the Agency that his intentions are to use this property for a professional office and he does not feel it will have an adverse effect on the neighborhood as there are already commercial businesses in the area Mr. Robert McCrocklin, residing at 604 Northeast 3`d Street, stated that he had no objections of Mr. Brandel's intentions as he does not want to stop progress. He also commended the Land Planning Agency for being discreet with their decisions. His concern is the use of the property, should it be sold and keeping it as an appropriate use for the area. Mr. Dowling R. Watford, Jr., residing at 701 Northeast 5`' Street, stated that he had no objections of this request. He clarified for general purposes that Watford Trucking had been "grandfathered" as Commercial use within a Single Family Future Land Use category, since at the time the business began, there were no zoning laws. He also informed that the trucking company has not detoured the growth of single family homes being built in the area as there was a new home recently built within two blocks from the trucking company. Mr. Ed Basile, owner of business on Northeast 3`d Street and 6' Avenue, stated he had no objections for this request. His concern was the traffic and requested a four way stop sign be placed at Northeast Yd Street and Northeast 6' Avenue. The agency members briefly discussed the request regarding the consistency with the Future Land Use Map designation. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-008-SSA, to change the land use designation for Lots 4 through 6 of Block 117, Okeechobee, from Single Family (SF) to Commercial (C); seconded by Agency Member Whidden. March 28, 2006 - Land 6 of 10 IV. NEW BUSINESS CONTINUED. C. Comprehensive Plan Future Land Use Map Amendment Application No. III VOTE 06-008-SSA continued. HOOVER - NAY KELLER - YEA LEDFERD - YEA MAXWELL - NAY MCCOY - YEA WHIDDEN - YEA JOHNS - NAY MOTION CARRIED. D. Comprehensive Plan Future Land Use Map Amendment Application No. Mr. LaRue briefly reviewed the Staff Report as follows: 06-009-SSA. Consider a recommendation to the City Council to change the land use designation for the South -half of Lot 5, all of Lot 6 of Block 8, Planning Staff Report Summary: The applicant is proposing to amend the Future Land Use Map to South Okeechobee, from Single Family (SF) to Commercial (C). The allow commercial uses on the subject property. The property is developed with a vacant single family subject property is located at 1008 Southwest 2°d Avenue. The application residence. Concurrent with this request, the applicant is proposing to rezone the property to Commercial was submitted by property owner James E. Fraser, III. 11 Professional Office. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. (B) The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. (C) The requested future land use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the south. If • approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. March 28, 2006 - Land Plannin 7of10 IV. NEW BUSINESS CONTINUED. D. Comprehensive Plan Future Land Use Map Amendment Application No. 06-009-SSA continued. E. Comprehensive Plan Future Land Use Map Amendment Application No. 06-010-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 1 through 26 of Block 4, Lots 1 through 26 of Block 13, and Lot 11 of Block 29, Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located between Northwest W',12" and 13'h Streets and Northwest 3`d and 5' Avenues. The application was submitted by Steven L. Dobbs on behalf of property owners, InSite Development Group, LLC. Mr. Fraser, property owner, explained to the Agency that his intentions are to use this property for a real estate office. There was a brief discussion on this matter. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-009-SSA, to change the land use designation for the South -half of Lot 5, all of Lot 6 of Block 8, South Okeechobee, from Single Family (SF) to Commercial (C); seconded by Agency Member Hoover. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: 0 Planning Staff Report Summary: The subject property is currently classified as Single -Family on the Future Land Use Map. The Single -Family Future Land Use category only allows development of up to four dwelling units per acre. The applicant is requesting Multi -Family which will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. The applicant is proposing to construct a multi -family development on the site. Planning Staff Report Comprehensive Plan Analysis: (A) As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. B ased on the application, it would appear that the proposed use (multi -family development) is consistent with Objective 2 and its corresponding March 28, 2006 - Land Planning Agencv - Page 8 of 10 IV. NEW BUSINESS CONTINUED. E. Comprehensive Plan Future Land Use Map Amendment Application No. 06-010-SSA continued. Planning Staff Report Comprehensive Plan Analysis (A) continued: policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the Residential Multiple Family zoning district for this property. (B) Public water and sewer should be available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The area has been in transition from Single Family to Multi -Family. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. The proposed development would not be out of scale with adjacent and nearby uses. (D) This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: Based on the above information, staff recommends approval of the request to amend the Future Land Use Map from Single Family to Multi -Family. There was a brief discussion in regards to Lots 11 through 13 of Block 29. Mr. Steve Dobbs, the applicant, on behalf of property owner InSite Development Group, LLC, explained to the Agency that the owner is in the process of acquiring Lots 12 and 13 of Block 29, and at this time only owns Lot 11 of Block 29. The Agency recommended that Lot 11 of Block 29 be considered for re -designation when the owner has acquired Lots 12 and 13. Mr. Dobbs had no objections to amending the legal description. There was no further discussion from the agency. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-010-SSA, to change the land use designation for Lots 1 through 26 of Block 4, Lots 1 through 26 of Block 13, from Single Family (SF) to Multi -Family (MF); seconded by Agency Member Hoover. ExnlBIT 5 APRIL 4, 2005 ORDINANCE NO. 941 AN ORDINANCE OFTHECITYOF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-010-SSA), submitted by Steven L. Dobbs, on behalf of the property owners, InSite Development Group, LLC., for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 9.33 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-010-SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: LOTS 1 THROUGH 26 OF BLOCK 4 AND LOTS 1 J THROUGH 6 OF BLOCK 13, OKEECHOBEE, ACCORDING TO THE PL�T THEREOF RECORDED IN Page 1 of 2 0 PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 941 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4T" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 4th day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 *e Okeechobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of adverti ment, being a t1.k t /� 3 4 —3 in the matter of � a � 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 PUBUC NOTICE CONSDMTOOE IN6 ot Okeechobee, Horkit will PLEASE TAKE NOTICE he at 6 00 p as soon tCourd of the hereafter PosslWe. at City Hag. an SEe 3drd' FL conduct a PUBLIC HEARING on tlrereafter Ave., O�keegchobee• follow Ordinance � DF THE M OF OKEECNOBEE FiARIDA � G iNE OMCITY OF MENOBEE COMP pI Nt,URDIA C NQ AS AMENDED, BY REIRSINO THE FUTURE IAro US BUP DN A CERTAIN TRACE of LAND MORE PARTICULARLY DESCRIBED HEREIN FRDM SINOLE FRMILY ISF it 0 MIU F� FAM&y (MF1' PiNP11DIND FOR IMCWSNNEN ORDDIAtICE i1N0 RNG FO TUBE DAT�E �MAP IN iNE COMPRENENSNE PI AN; PROVIDING FOR`AN TM FELT E is reaaMrw SrnaA Scale,Comprehensive Plan Future Land Use AWl - In � Soup _ d� Steven C bHgOft owners designation from Skgle Farm ISF) to Mulh-FartdN ltnrl'a property laLa�tpa�d be pntiaLats 1 t26 d Block 4 Lots 1 m 26of 3rdkand 503ra�e 1 of Bloch 29, Okeechobee, Plat Book 5, Page 5, Public Records, Okeechobee. County Roddy and is ro>ometely 933 to aftard end ParfieWe in said hearin4 �� �s of are = maybebe krsperded in its anikety by members d Vre Pub Ile in the poffice eoof the City Perk during regular business hours; Mon-Fn desires to appeal an pt WTI IJOTICE 1dID BE ADVISE to matter considered al Vr derision made by The City CouneN heaft such Interested Person wN need a record M the proceedhrgg,isamad such purpose may ro ensure a evidence uPon whiatim wad 01 ore ch d is ro I yh record includes Vre testimony purpose of backup to otfi al records based. City Clerk tapes are for the sole pure the Clerk. ' with Disability Act (ADA) and Florida SIM In accordance with di sap0'es needing special accomnroda ion to participate 286.26, persons. Vptd�s rprose m9 sho 3T2 x215; 4 hea" or voice r d, r 7D01 800 QY-34gg tygce) a 1to kv -888 447-5620 (TiY). 123403 ON 312M 6' CIiY GLERK a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn tar. `subsco before me this y 7 day of G A.D. 20 Notary Public, State of Florida at Large City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: d- I ? -7O (.,o tition No. C) Fee Paid:60 QC3® Jurisdiction: 1st Hearing: D 2nd Hearing: 47 , Publication Dates:- 311�% D 1P� c Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) ! Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s):hs e 0DAIrAll1. Lri [) A - Owner mailing address:hil 6AP-,L1UM6ne-'Vh -A LName of applicant(s) if other than owner (state relationship): r :C=Applicant mailing address: 20 Z fee- 6 Name of contact person (state relationship): Tdt —4 Contact erson daytime hones : 3- Fax: 3-` 1-(01 ✓ Property address / directions to property: Parcel Identification Number: �e Size of the Property (in acres): Current Zoning Designation: 3 F Current Future Land Use Designation: Existing Use of the Property: T. _- Proposed Future Land Use Designation: Ali .' Proposed Use of the Property: MIR©I Description of Surrounding Properties: mild Pe.�'11"LJ Legal Description of the Property (Lengthy Description May be Attached): TUI q «,a-1sa9 Uniform Land Use Application (rev. 12/03) Page 1 of 2 Uniform Land Use Application (rev. 12/03) Page 2 of 2 n 1.J LJ waa' tAnm7 r.. f & *s vo ate f'.. February 24, 2006 City of Okeechobee General Service Department 55 Southeast 3'd Avenue, Room 101 Project: Minor Comprehensive Plan Ammendment for SOUTHERN TRACE Re: Project Description and Intended Use Dear Reviewer: The purpose of the minor comprehensive plan ammendment of the parcels listed below is to allow the development of multi -family residences up to 10 units per acre. The adjacent property to the south currently has this designation. Additionally, the adjacent property to the south is also zoned and has been developed as multi -family residential. By allowing the multi -family zoning, we feel we can provide more affordable housing to the growing Okeechobee market and would also be compatible with existing uses. There is no neighbor to the south side of the cattleman's property. The land adjacent to the west and the residential on the east side is a mix of single- family and multi -family, including a new multi -family dwelling under construction are owned by the InSite Development Group. The proposed minor comprehensive plan is for the following parcels: BLOCK 13 3 -15 -3 7-3 5-0010-0013 0-0010 3-15-37-35-0010-00130-0140 BLOCK 20 3-15-3 7-35-0010-00200-0010 3-15-37-35-0010-00200-0140 ZIONCVPm7FS(�z -Sca 20� • GJ�zfam fL3�r 863-467-W76.4v 863-Ir67G6/ rvin: 1 mM MINOR COMPREHENSIVE PLAN AMM ENDMENT PARCEL NUMBERS: BLOCK 4 3-15-37-35-0010-00010-0040 3-15-37-35-0010-00040-0140 BLOCK 13 3 -15 -3 7-3 5-0010-0013 0-0010 3 -15 -3 7-3 5-0010-0013 0-0140 LOTS 11-13 of BLOCK 29 3 -15 -3 7-3 5-0010-00290-0070 0 • yA' P. f & f'.,,4. February 24, 2006 City of Okeechobee General Services Department 55 Southeast 3r' Avenue, Room 101 Okeechobee, FL 34974-2903 Project: Comprehensive Plan Amendment Application for Curtis Lundberg, InSite Development Group (SOUTHERN TRACE) Dear Reviewer: On behalf of our client, Curtis Lundberg (InSite Development Group), please find enclosed copies of application materials, as listed below, for Southern Trace — Mini Comprehensive Application: • Completed signed application • Applicants letter outlining request • Notarized letter of consent from owner (Owner/Agent Authorization) • 11 X 17 Survey w Legal Description • City location map within 100 feet of subject property • Checklist for Comprehensive Plan Amendment Application Should you have any questions or comments regarding this project application, please don not hesitate to contact me. Thank You, Rudd Jones, P.E. & Associates, P.A. S. v491, 01-" LDobbs, P.E. Senior Project Manager cc: Curtis Lundberg X01IW,P� S - Sates?-Otr • G)� fiN• 6~ &63467,167b - fr ?63-467,av I, t 4C aiporize Steve Dobbs of Rudd.3ones�-aad Associates to represent me in any acid all m"Iters pertaining to the Southern Trace Development before the City Of Okeechobeq STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument w�s acknowledged before me this Qt`" day of _ tbvtL" , 2006, by ba.� t 1 C c� t A,; .s L . Said person (check one) o is personally known to me, 131r644ced a driver's license (issued by a state of the United States within. the -last fy (5) years) as identification, or ❑ produced other identification, to wit: Print Name: rxn Notary Public, State of Florida Commission No.: D a 3 ly t ki 7 My Commission Expires: Edna W. gunner �` `PgY FUB -z_ •�, :�=_�PCommission D013o08 ices °'�•. •��? Bonded lnc 4wic Bonding 0 1018611111HIN FILE HUM 200,6001535 OR BK 0058E PG 1621 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COIINTYr FL This Instrument prepared by: RECORDED 01l2ftJ2006 12:57=18 PM Steven L. Daniels, Esquire RECORDING FEES 27.00 ARNSTEIN & LEHRLLP DEED DOC 13r650.00 51 rth Flagler Drive, Sixth Floor RECORDED BY L Rucks m Beach, Florida 33401 o Space Above This Luce for Recording Detal o WARRANTY DEED *INDENTURE, made this 12th day of January, 2006, between Kovach Development, Inc., aa corporation and MTS Investments, LLC, a Florida limited liability company, ("Grantor") Site Development Group, LLC, a Colorado limited liability company, whose Post office a� is L-c o (,Grantee"). VWTNEWUH, that said Grantor, for and in consideration of the sum of TEN AND N01100 ($10.00) DOLLA d other good and valuable consideration to said Grantor in hand paid by said Grantee, the re ereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Grante�irs and assigns forever the following described land situate, lying and being in Okeechc a nty, Florida, to -wit: Parcel 1: U' Lots 1 through 26, , Block 20 of OKEECHOBEE, according to the Plat thereof, as recorde iat Book 1, Page 10, and in Plat Book 5, Page 5 of the Public Records of chobee County, Florida; and Lots 7 through 10, inclusive, and Lot 11, lei West 28 feet thereof, together with the North 7.6 feet of the vacated alle 15 feet wide) adjacent to said lots, in Block 29, of OKEECHOBEE, accordinhe Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5, Pagbrf the Public Records of Okeechobee County, Florida. Parcel 2: Lots 1 through 26, inclusive, Block 4; Lots 1 through 6, inclusive, Block 11; Lots 1 through 26, inclusive, Block 12; Lots 1 through 26, Inclusive, Block 13; Lots 1, 2, 3, and 9, in Block 21, less the East 32.60 feet of said Lot 9; Lots 10 through 26, inclusive, Block 21; and Lots 1 through 6, inclusive, Block 22, of OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Parcel ID Numbers: 3-15-37-35-0010-00040-0010; 3-15-37-05-0010-00040-0140; 3-15-37-35-0010-00110-0010; 3-15-37-35-0010-00120-W10; 3-15-37-35-0010-00120-0110; 3-15-37-35-0010-00120-0170; 3-15-37-35-0010-00130-0010; 3-15-37-35-0010-00130-0140; 3-15-37-35-0010-00200-0010; 3-15-37-25-0010-00200-0140; 3-15-37-35-0010-00210-0010; 3-15-37-35-0010-00210-0100; 3-15-37-35-0010-00210-0110;3-15-37-35-0010-00210-0170; 3-15-37-35-0010-00220-0010; 3-15-37-35-0010-00290-0070. Warranty Deed*Wo, f of 3 OR BK 0058E PG 1622 and said Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. ta- BJECT, however, to taxes for the year 2006 and subsequent years; to all governmental ; to restrictions, reservations and easements of record. GETHER, with all the tenements, hereditaments and appurtenances thereto belonging or appertaining. *AVE �o AND TO HOLD, the same in fee simple forever. AN Grantor hereby covenants with said Grantee that he/she is lawfully seized of said lands in fee ; that he/she has good right and lawful authority to sell and convey said land; that he/she hereb rants the title to said land and will defend the same against the lawful claims of all persons omsoever; and that said land is free of all encumbrances whatsoever. (61 "Grantor" IN WITNESS YIEOI year first above written. lid c Signed, sealed and our presence: are used for singular or plural, as context requires. , Grantor has hereunto set Grantor's hand and seal the day and - :• - IL�•_ _" STATE OF FLORIDA COUNTY OFi3� KOVACH DEVELOPMENT, INC., a Florida tion BY: Edward J. Kovach, Press MTS INVESTMENTS, LLC, a limited liability company le By: Terry Member BEFORE ME, the undersigned authority, on this day, personally appeared Edward J. Kovach, President of Kovach Development, Inc., a Florida corporation, who is personally known to Wananry Deed/Page 2 of 3 OR BK 00588 PG 1623 lac% has produced identification as shown below, who, being by me first duly sworn and acknowledged, deposed and otherwise stated that he executed the foregoing instrument. CV_WRN TO and SUBSCRIBED before me this el,_ day of January, 2006. WPM W Nofa6 Public MV=N1 sMj00418M My commission expires: Printed Name of Notary No , check onee ( Person signi cement personally known to me. ( ) Person signe�ment and provided the following form of identification: J STATE OF FLORI COUNTY OF BEFORE ME, the undersicfi Shahrabani, Managing Member of MI personally known to me, or has produ sworn and cautioned, acknowledged, instrument. 99 ettvelI- �'BBttUAIWU �1►DD418796 >rity, on this day, personally appeared Terry M. vents, LLC, a Florida limited liability company, who is fication as shown below, who, being by me first duly and otherwise stated that he executed the foregoing SWORN TO and SUBSCRIBED before me this I.;?- day of January, 2006. STEVENLQIMELS ry Public MYCOWASSMM418M My commission expires: EVM- May @& 2= eawenoNa.rr i 99 c sy�� 17�0111.'s Printed Name of Notary Notary, check one: ( Person signing document personally known to me. ( } Person signed document and provided the following form of identification: Q 8 1 20 21 2 231 24 5 26^ 47. G R 70 50 50 (TWENTYSECOND STREET) I (TWENTYFIRST STREET) g 7 \ S j5-X' 4114. �r(1� e ICI ' L I1093735�020007500 N ' 18 19 0 24 -�05 26 71 47.5 0 50 50 r N. W. 14 T4 STREETr 9 7 6 5 4 2 1 ww.allbwAwb 18 t* 20 1 21 1 22 23 w FA 25 26 N. W. 13 ITH STREET ewwaxoi.wrawa 9 8 7 8 5 4 3 2 1 7lnnprlelllwelw 1B 19 20 2�", 22 23 24 25 26 i 47.5 70 50 50 N. W. 12 TH STREET ip 42.5 50 50 wawweleawmle .b. 9 8 . /- 7 mwwerwel woww.w. EX4 awbwaarmwr 3 1 0J'7 F-- owuSDozooD51Dm4n ^14 15 16 17 16 19 20 21 22 23 24 25 26^ so- 50 70 5D N.W. 16 TH STREET 50 50 70 50 50 13 12 1l f0 9 8 7 6 5 4 3 2 1 v 1D937350020D070MIO 1nI fV IJ IDB3735DDt0DD70001e0 ^14 15 16 17 18 19 20 21 22 23 24 25 26 50 50 7D 50 50 -' N. W. 15 TH STREET r 50 50 7D 50 50 U f093735DO20007500100 1 09373 0200 500090 1093735002000750001 13 13 11 to 8 7 6 4 3 2 1 14 15 16 17 18 19 -'.4 ZO 21 22 23 24 25 26 10937390020007500140 olm 70 50 FI1312 1 10 9 87 6 5 4 3 2 1 to g 14 15 16 17 f8 19 to 7wwww�..w. 21 22 23 24 25 26 50 50 70 50 50 50 D 50 50 13 12 11 10 9 8 ;�-11 5 5 4 3 wwr w.wwmr 2 1 g wa3ewro7almw 14 15. 16 17 18 19 ?$q 21 22 23 24 25 26 60 50 10 50 50 50 50 70 50 so n 13 12 11 10 9 B 4 6 5 4 3 2 1 $ R S ' vacatedvauted ord. no. 817 orb 417 Y 50 ... n 18 19 20 wmnwamrw 2i 22 23 24 � 25 26 iii 71Qb.weDNela 14 15 16 17 18 19D 21 22 23 24 25 26 7 5 70 tlu 50 50 70 50 cgs- 11 C [v) N. W. i i TH STREET 70 50 50 4q 50 60 50 we m.swewen W . }�IlsNwiu wm7wlwanm ws wb 1D191ob 9 8 7 6_<"5 4 3 2 1 -7-:' 12 10 9;� 8 7 6 5 4 3 2 1 w g _1- Q ¢ ranrwlaewu � m 18 19 20 21 2 23 24 25 26 14 15 16 17 18 19 20 21 22 23 24 25 26 w � z N. W. 10 TH STREET 9 8 7 6- 5 4 3 2 1 nmo'7 b18 19 20 21 22 23 24 25 26 N. W. S TH STREET 475 70 50 50 9 8 7 6 5 4 3 2 1 46 18 19 20 21 1 22 23 24 25 25 wur7.xeaaa®o 13 .12 11 10 9 8 7 6 5 4 3 2 1 0 0 ry F" i x • N 14 15 16 17 18 19 20 21 22 23 24 25 26 50 50 lu 50 05 S_ i 8 13 12 11 10§ � 8 7 6 5 4 3 2 11 14 15 16 17 18 19 j 3153735001DO047NI40 TRANSPORTATION Q 4 _ e ^17 18 i9 20 21 22 23 24 25 26 5 50 50 70 47.5 g 47.5 131.95 6 50 50 70 47.5 47.5 2 142.5 16 1 14 13 12 11 it I 1 8 g 2 A o E G I 3 ^ g % YI[IIFa Mlil wl W.. Im d g D F 11 H 1 4 P216� 17 50 1 19 20 21 22 50 70 47, 5 25 47.5 131. 5 B5 6 50 50 70 47.5 47.5 131.83 1 i6 15 14 13 12 11 10 9 8 7 2 3 14 N 9 8 17 1 9 20 21 22 23 24 25 26 5 6 50 50 70 47.5 47.5 131..15 CITY LIMITS so 50 70 47.5 47.5 142.5 1 � \i 16 15 14 13 12, if 10 9 8 7 2 31537J50010000300040 18 T•9 20 -2�4,. 22 2X ' 24 25_ 26 5 VACATED ORO. a 71 50 70 47.5 47. 1i1 10 9 B 7 75 a )` 2 124 11 25 261 sn� n 7n 47 a 47.5 50 50 0 47.5 gg 16 15 14 1 i x1 7 r� R 17 18 19'-; 20 21 229 2ii4 241P,5 26 7 41.5 DU 50 50 R 0 70 47.5 47.5 a � 16 15 114 13 12 lit 10 9 8 7 g 17 18 1 119 20 21 22 23 24 25 26 50 70 47. 5� 47.5 1 2 3 4 5 10 6 . 35 1 2 m 3 4 g 5 33.27 6 i v 1537)50Df g 3 00030000J0 3 4 5 31.35 6 U� 50 50 70 47.5 e 47.5 142.5 142.5 16 A 14 13 12 11� 10 9118 7 2 7 � Q� 131.30 ^ 3 n� 17 181119 20 6 121 22 23 24 25 26 I BO Q ;q a 50 7D 47.5 47.5 53/3500 JI5 17500100D))00050 5 6 ( 5A 31537 5050 70 47.5 47.5 142.5 S >z 31531J50010004=10 161 115 14 13 12 11 f0 9 8 7 2 a 48 _ 3 142.5 31537350010004500170 'J15J7350010004800040 I NC. RA I L"R'O- � F 01 Art �NMa�i„ � wrs- a TR12EVAO4fE Aur TWI4NTIETH S? Y — . — . ---- - — . — . — - — - — - — . I om I I I 1 1 1 ' ?;o r I 1 1 I BLOCK 5 NOT A PART OF 710.5 SIAriEY Y ti I al a (7 1 n a cn y I I J ,azso�fP) � a.xxD.w I Y g 1 I I 1 DO1� 1 Q B I 7 1 6 1 5 1 4? A � 91C sMH— L�,it[r_..1—A�P'Y6 BLOCK 21R 142MXP) I I I 1 1 I 1 HZI�� _ 1 1 1—NaP�1oPE afzao'— N1IN•- --- — -- aNAATNo ( BLOCK 28 1 HOT A PART ff 11" SLBLAET --_uci PWw �Hrr s ss sRMq --------- ---- ( BLOCK 28 1 I( NOT A PARE (F 7N5 SINbE'Y 1 LIRE TABLE L-1 mw "4 L-: [iV�9O1ES No. wle oEwIrT1D¢ aw o) m rn (4) Af•Q- AM TARE. BLOCK { - MWN 1/2 - 23G7R: ACRES BLOCK { - $OHM 1/2 - 2laft AGES BLOM 11 - ALL OF - IA)W* ACRES BLOCK 32 - NORM I/2 _ 1-7O5! ACRES BLOCK T2 - SOa1N IA + 1.7"& AGES BLOCK 12 - MEET 1/2 - L0.7OE ACRES BLOCK 13 - MORM 1/2 - 2S08! ACES BLOCK 13 - SOUTH 1/2 - 2]06L AGES BLOCK 20 - M" 1/2 - 2]ORt AGES BLOCO $0 - SORD1 1/2 - 2]GBi ACRES BLOCK 21 - LOIS 1-3 - OMB! AGES BLOCK 21 - LOT 10-11 - M23M AGES BLOCK a - BDMM 1/2 - 1.70" AGES. BLOCIC 21 NOT 1/R - LOOO! AGES BLOCK 22 - ALL OF - LORSA ACRES BLOCK 0 - LOTS 7-11 - CU97ft ACRES TOTAL AREA - ZL978t ACRES STMOAM Nabs L TM SUARYEY WAS PREPARED WONCUT 7NE BENEM OF A 7171E SEARCH OR AN AGSiRACL Sa OFFVRE HAS AOT PEAFORIRD A SEARCH OF THE PIBLIIC RECORDS FOR DDSTNG EASENDrrl- RANT-0E-DAr ARANCONIEMM =NM SETRACKS OR 0® RESTRCf101Q 2 '*E SVRYEY OD%lW HERE Is NDT CDVE7ED BY PROFESLONAL 1UAWU7Y NSIBLAmm AOOIROIL4" TELEOOHS TO SIBLYEY YAP OR REPORT BY O7 HO THAN THE SdMNG PARTY 3. PARTIES 6 Pq@1EITD -MM NREIEN CONSENT OF THE SICRNO PARTY OR PARTES' 1 716 STlRYEY 6 NOT VA1D "Taff THE SIGNATURE AND RAM ENROSSED SEAL OF THE SCRNG FLORIN PROFF5S1011AL SIRIEMOR AHb YAPNOL OR UNLESS4. NDTD OTMCNB.E ALL SEANNf.S AHD dS7AN'2S SHOHH HEREON ARE PER PLAT S L,OO`AYTOBS OF BuIOMq(S)RE ALRBTD 70 THE ABOVE GROUND NALL4 FOGTERS G fOINDATONS am RAVE NDT REDS LDwIM UnLro/IESrA NAYS NOT REFIT LDC1TEL L SITE ADORES NDT ASSIGFED. i FlDao .T.OR(E sTE APPEARS 70 a ll TE AREA swNM AS -cTr a:/C�y�fE�E�CgfEE, AREA NOT LMCIUOfD• PFR THE FEDERAL oE7HfEMCT MAHAGo,Erlr AfENCYS NA101 FLLOG we pR y (FED) FLOOD 019SAMCE RATE M.VP VAN) FM taMeKRRTr NLRBLm 17mn, PA1EL BLAHBER 02Da8, wTED 2/A/1DBI. 1 APPARF7JTIIEF: SANTARY SEMm LF7 sATAKN l6 OTIM!! SIfB.EtT T•ROPFR7`/ 7N5 91RVEYi01F Na PROVO® MFIH FJLSEI,FMT DOC1AENi COAUCF7OfX' U5= ASPM. I`) ..sP _ ASPHALT. (D OLDG atFUJW T'NEVE}"OR- UGC - EIACRT GF aNe. BON - BAD( aF Do Mmx CS - CA SAqf- COIL - CORNER. CYP - COPBLIG7ED METAL PPE ElECIC - EIECIRIC U6EIL H- EDP - F3T2 OF ►AVOENT EDS - FEO,`E OF.9ill (RorRc} FD - FDNCf HDIDER, FL - F1OYI U O MH - AWK of afHBL . MG - EEANHpM[ MG - NA'LLIRAL 0ACM1/(N1AOE CH - tn1ERxAx¢ OW - OVERNERD ORGY (MAREylRES} P-o8 -...P OF BQi►�1Q P.CG -. MW OF COMMENCEMENT. SST S/6' F0O7 AGO MOH CAP STAMPED 1A YLSOM- LS5157' 7E7E - tF1FP11pHE RTSOL MBL - >./yIFR NEIOL = IBLIr,ROCRp Palm PCRE SERMCE POSE ®- "EcomO —IVADLT/HETOL ®- 76-ONOW NSER/VANLT. M - MMAIER VALVE/,EML 19 - FIRE HYDRANT. O - 37M SKUR MAPHILE m - SANITARY AENER MANHOLE - Smw WA7O1 CURB MET. F - GLFf ANOM `CLA - VmOO M Pam POLE NORTH A K P b IMW-JO.-W a' - .m9 Mawr CF., ALL OF BLUOOO k BLOCK N; BLOCK T2 BLOC( 13; BLOCK 20, BLOCK n LM T-3, AESf 15 FEET OF LOT S. LOT$ 1O-2% BLOCK 21; LO75 7-11. LESS TE WEST 26 F71T OF SATE LOf 11, OL= 2B, T GEMM % M THE NORTH TINE -NNE (tit/2) tF THE ABANDONED is FEET MADE EAST/MMESf ALLEY L7RI6 ADJACENT 70 SAD 1075 7-O. 0.000 78; ALL LYNQ N 'OO1n10BEF. ACCGpMY. 70 TIE PLAT mERxmF RECOHDFD N FIAT BOON 4 PATE 5 OF 11f P7UBLFC RECOfOS OF O2(EEOLOHE COIRMi,; FIOROA t 0UNDARYSURVEY PREPARED FOR= IN51-Fr—DEVELOPMENT GROUP, LLC 511EET 2 pr x LYING IN SECTION 16, TOWN5t1IP 37 SOUTH. KANGF- 33 FAST OKT-F CHOSEECOUNTY, F°LOKIDA p11gEICT fIMOBYATION u FXKTE 1 D �A EXPEDITION SLfKVEY/NGMAPP/NG, nc- DAIS / ryRg,,� Y 4- AA Y A. M ulooan ec '7jr � FEIB $LBLVEY wtE ! 1lVDlAYN Fl7O BOOL(! PAS i t 5/MS OFFTi: 304 WIN sN, STREET - OKEED408M CRAMP' EERENIL MGM Oroup F1/T MAIL'P11(NE 86FST/T-ESBB FNC M6-1-m - -1GF01DND\Os-0M PH,--MHO-Wm•bn . 1375 Jacksoneet, Suite 206 Fort Myers, Ada 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report — Small Scale Comprehensive Plan Amendment Prepared for.• Applicant.• Petition No. brK The City of Okeechobee Insite Development Group 06-010-SSA Staff Report Applicant: Insite Development Group, D. Curtis Lundberg Small -Scale Comprehensive Plan Amendment Petition No. 06-010-SSA General Information Applicant: Steven L. Dobbs, P.E. Applicant Address: 210 N.W. Park St. Suite 204 Okeechobee, FL 34972 Applicant Phone Number: 863-467-0076 Applicant Fax Number: 863-467-0091 Owner: Insite Development Group, D. Curtis Lundberg Owner Address: 2 Nublick Lane Columbine Valley, CO 80123 Future Land Use Map Classification Existinty Single -Family Residential Proposed Multi -Family Residential Zoning District RMF same Use of Property Vacant Multi -Family Residences Acreage 9.33 9.33 Legal Description: Parcel 1: Lot 11, less the West 28 feet thereof, together with the North 7.5 feet of the vacated alley (15 feet wide) adjacent to said lots, in Block 29, of OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5 of the Public records of Okeechobee County, Florida. Parcel 2: Lots 1 through 26, inclusive, Block 4; Lots 1 through 26, inclusive, Block 13, of OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5 of the Public Records of Okeechobee County, Florida. The matter for consideration is for an amendment to the City of Okeechobee's Future Land Use Map from Single Family to Multi -Family to allow the construction of multi- family dwellings on the subject property. Based on the size of the property (9.33 acres), this application qualifies under Chapter 163, F.S., as a small-scale amendment to the Comprehensive Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Okeechobee County Zoning District: Okeechobee County Existing Land Use: East: Future Land Use Map Classification: Commercial, Multi -Family and Staff Report •Applicant: Insite Developmeiff Group, D. Curtis Lundberg Small -Scale Comprehensive Plan Amendment Petition No. 06-010-SSA Zoning District: Existing Land Use: Single -Family Residential RMF, CPO South: Future Land Use Map Classification: Multi -Family Residential Zoning District: RMF Existing Land Use: West: Future Land Use Map Classification: Single -Family and Multi -Family Residential Zoning District: Existing Land Use: RSF-1 and RMF The subject property is currently classified as Single -Family on the Future Land Use Map. The Single -Family Future Land Use category only allows development of up to four dwelling units per acre. The applicant is requesting Multi -Family which will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. The applicant is proposing to construct a multi- family development on the site. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. Based on the application, it would appear that the proposed use (multi -family development) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. B. Concurrency of Adequate Public Facilities Public water and sewer should be available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. C. Compatibility with Adjacent and Nearby Land Uses The area has been in transition from Single Family to Multi Family. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. The proposed development would not be out of scale with adjacent and nearby uses. 2 Staff Report Applicant: Insite Development Group, D. Curtis Lundberg Small -Scale Comprehensive Plan Amendment Petition No. 06-010-SSA D. Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. Based on the above information, staff recommends approval of the request to amend the Future Land Use Map from Single -Family to Multi -Family. Maps or Diagrams Submitted by: James G. LaRue, AICP March 20, 2006 March 28, 2006 - Land 7of10 IV. NEW BUSINESS CONTINUED. D. Comprehensive Plan Future Land Use Map Amendment Application No.III Mr. Fraser, property owner, explained to the Agency that his intentions are to use this property for a real 06-009-SSA continued. estate office. There was a brief discussion on this matter. . Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-009-SSA, to change the land use designation for the South -half of Lot 5, all of Lot 6 of Block 8, South Okeechobee, from Single Family (SF) to Commercial (C); seconded by Agency Member Hoover. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. iE. Comprehensive Plan Future Land Use Map Amendment Application No. Mr. LaRue briefly reviewed the Staff Report as follows: 06 010-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 1 through 26 of Block 4, Lots 1 through 26 of Planning Staff Report Summary: The subject property is currently classified as Single -Family on the Block 13, and Lot 11 of Block 29, Okeechobee, from Single Family (SF) Future Land Use Map. The Single -Family Future Land Use category only allows development of up to to Multi -Family (MF). The subject property is located between Northwest four dwelling units per acre. The applicant is requesting Multi -Family which will allow apartments, 11 'b,12°i and 13t' Streets and Northwest 3rd and 5" Avenues. The duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. The application was submitted by Steven L. Dobbs on behalf of property applicant is proposing to construct a multi -family development on the site. owners, InSite Development Group, LLC. Planning Staff Report Comprehensive Plan Analysis: (A) As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. Based on the application, it would appear that the proposed use (multi -family development) is consistent with Objective 2 and its corresponding March 28. 2006 - Land Plannine Ai!encv - Paee 8 of 10 IV. NEW BUSINESS CONTINUED. E. Comprehensive Plan Future Land Use Map Amendment Application No. 06-010-SSA continued. Planning Staff Report Comprehensive Plan Analysis (A) continued: policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the Residential Multiple Family zoning district for this property. (B) Public water and sewer should be available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The area has been in transition from Single Family to Multi -Family. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. The proposed development would not be out of scale with adjacent and nearby uses. (D) This property would be best served by changing its Future Land Use category to Multi -Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: Based on the above information, staff recommends approval of the request to amend the Future Land Use Map from Single Family to Multi -Family. There was a brief discussion in regards to Lots 11 through 13 of Block 29. Mr. Steve Dobbs, the applicant, on behalf of property owner InSite Development Group, LLC, explained to the Agency that the owner is in the process of acquiring Lots 12 and 13 of Block 29, and at this time only owns Lot 11 of Block 29. The Agency recommended that Lot 11 of Block 29 be considered for re -designation when the owner has acquired Lots 12 and 13. Mr. Dobbs had no objections to amending the legal description. There was no further discussion from the agency. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-010-SSA, to change the land use designation for Lots 1 through 26 of Block 4, Lots 1 through 26 of Block 13, from Single Family (SF) to Multi -Family (MF); seconded by Agency Member Hoover. March 28, 2006 - Land - Page 9 of 10 IV. NEW BUSINESS CONTINUED. E. Comprehensive Plan Future Land Use Map Amendment Application No. 06-010-SSA continued. F. Comprehensive Plan Future Land Use Map Amendment Application No. 06-011-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 2 and 3 of Block 3, South Okeechobee, from Single Family (SF) to Commercial (C). The subject property is located 804 Southwest 2nd Avenue. The application was submitted by property owner Susan Sevier -Sullivan. • VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Summary: The subject property contains a residential structure. As stated earlier in this report, the applicant is requesting a change from single-family to Commercial Future Land Use category. This will allow the applicant to operate an office at the property. The surrounding area contains a mixture of Single -Family and commercial uses. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the Commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested Future Land Use category will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses. (D) The proposed Future Land Use amendment is in compliance with the specific standards of the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee's Comprehensive Plan. Mr. Alan Sharp, residing at 801 Southwest 3rd Avenue, stated that he had no objections to this request. He suggested that the commercial use be light and not heavy. March 28, 2006 - Land Planning Aaencv - raee iu ui iv IV. NEW BUSINESS CONTINUED. F. Comprehensive Plan Future Land Use Map Amendment Application No. 06- Mrs. Betty Clement, General Services Secretary, spoke on behalf of Ms. Sevier -Sullivan as she was ill 011-SSA continued. and not able to attend, and informed the Agency Board that Ms. Sevier -Sullivan was in favor of the rezoning being changed to Commercial Professional Office CPO, should this request for Future Land Use Map designation be changed to Commercial. There was a brief discussion on this matter. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-011-SSA, to change the land use designation for Lots 2 and 3 of Block 3, South Okeechobee, from Single Family (SF) to Commercial (C); seconded by Agency Member Whidden. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:45 p.m. Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson Melisa Eddings, Deputy Clerk . ExHIBIT 6 APR[L 4, 2006 ORDINANCE NO. 942 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-011-SSA), submitted by property owner Susan Sevier -Sullivan, for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part Il, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.325 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-011-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 2 AND 3 OF BLOCK 3, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN Page 1 of 2 • PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 942 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 4T" day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 41h day of A rill, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 qhe Okeechobee News • P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a IF PLEA on 55 Y� in the matter of C L 71 Ol dt i rawv c-( �a r3-r ll� The e reties No. 06- West rJzc . Cj' t commerNclaW1 tl scrbtian: Lcts in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of T Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. •� Sworii tod subjcf d before me this day of f� A . 20 C� Notary Public, State of Flori a at Large PUMLICNOTIICE CONWERJ NXI OFOwn A CITY DROMANCE al the Clly Council of 4is City d Z at 6ro0 o.m. or as soon tfrerea AN IAIIP IN THE COMPREHENSIVE PUIN; PROYIOINO FOR rdi g Sri[aN Scale Comprehensive Plan RALn Land use Al SSA _ by properly ovmer Susan Sevier -Suntan. pa the Futixa larq user de [�a6on from Single I.,* (SF x prop�y baled at 804 2nd AvwA Legal id 3 of Bock 3, So[Ah Okeechobee, plat gook 5, Page 7. R pee, Cour ty, Florida and is appimdmney 0.325 acres . aii8c are encouraged to alland and participate in has be inspected in as errnrety try manners a Clark during regular business hours. EASE TAKE NOTICE AND BE ADVISED that I any Person desires b appeal a decision made by the City Council with respect to any matter considered at It hearing, such interested person will need a record of the iproceedings, and k such purpose may need to ensure a verbatim Word of the proceedings is ma[ which record hadudes the Ms*raW and evidence upon which the aggeal to based. City Clerk tapes are for the sole purpose of backup for dk Cr the Clark. accordance with the Americans whh Disability Act (ADA) and Florida Statul 286.26, persons with dhabNties reading special accommodation to Participate this proceeding should caract lane 6arsctea no late than two (2) working der TDD 1-800--to the 2p2 3448 tyoice) a t�40 443372 7-5620 (T7Y) a vain impaired, [ the Gamictea, CMC, CITY CLERK 23406 ON 3/24/06 'City of Okeechobee MWDate: General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 'on No. Fee Paid: �® , 190 Jurisdiction: /PA 1st Hearing: 3 aS DIn LP znd Hearing: qy 0 & , Publication Dates: Q D Let, Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: mall Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): - c)S,iAJ 915VIC-pl. - 9414-1-+°vW Owner mailing address: ejZ 31-cl DI< E p - Name of applicant(s) if other than owner (state relationship): Applicant mailin =address: PP g Name of contact person (state relationship): AO, M , L-F-/V S'� U� l2- Yut.L 1149n/ -- [T Contact erson daytime hone(s): &6�-- "7- S 116 ca// �Fax: 7Iv 3-40411 ✓ Property address / directions to roe /�� - 3`'' 9 7'-/ P rty property: rtY SO ,� SGcJ /'� fl/F D Parcel Identification Number ,33-3 7 QO � — 00030-00p Size of the Property (in acres): p, 32-5 16k S Current Zoning Designation: Jn9%e AM114 e00/06) Current Future Land Use Designation: i LExistin Use of the Property: r-%�- E Proposed Future Land Use Designation: 6 c, m YY? rz G) r .- - T Proposed Use of the Property: Description of Surrounding Properties: N�fJ�L� Z) AJ rf -q 4- e-art) r 710 Legal Description of the Property (Lengthy Description May be Attached): �f vTs 2 A' ;So�rN o �c e,y��3 /_7e- a3AJ 7-6 ThJ� � p-/4i DER �� R6-c61RIi~1u PLAT" goof«, 'F>Ae_-F gee, a/�TIS pG Pf"L oUN7';' LLD�ef 1?g Unifonn Land Use Application (rev. 12/03) Page I of 2 ✓ kodmfed Attachments Survey of Property (11 " x 14", 20" Scale) Application Fee (non-refundable) Letter Outlining Request jCity Location Map Notarized Letter of Owner's Authorization. Uniform Land Use Application (rev. 12/03) Page 2 of 2 ooV6 -boa 3b- �62d Vp-c r/n r- vi' <Y'?�n I) eV7 Jn -AX I s- rrr�Z�r LOT i F11. S8 ° 44' 4 ' E 157.52' ( F] (i5' RBF 142. 50' ( P) a LOT 7 y� N o LOT 2 �I o "' .362 ACRES LOT 8 in) o LOT 3 �) 0- CD vo ARAG Its 2 142.50'(P) RBF S89044' 55' E 157. 17' (Fj LOT 4 LELAND D YAL S R. L . S. 20B4 304 S. M 3rd Ave.. Okeechobee. Fla. PMWE .... 7Q3-4= FAX.... M-22" RBF 35' O CV O CU 0 0 LO o w a 0 d O CD o Z Ln E to 0 6 La a 0 v o' v e v 0 z S. E. CORNER L 0 T 6 —� BLOCK 3 0- CD v 0 Lo 35' RBF LEGEND RBF - Rebar Found PBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAIL AND TAB FOUND (P) - As per the plat of (F) - Field Measurement I (0) - As per the deed (C) - Calculation I NOTES: 1. Basis bearing THE CENTERLINE OF SOUTH WEST 2NO AVENUE W I 2. Bearings per PLAT 3. Not valid without the signature and the original raised LU LUI2 seal of a Florida Iicensed surveyor and mapper. 4. Description as per owner NIA W STREET ADDRESS: 3 v 804 S.M. 2ND AVENUE ui CERTIFIED TO: I SUSAN SULLIVAN I SURVEY OF: LOTS 2 AND 3, BLOCK 3, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT I THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I 1 HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED I UNDER MY DIRECTION AND SUPERVtSLLK � , LELAND 0 ALS, RLS 2084 1' - W r JW21 mc a/ft: CL& it L-293 B-3. SOUTH OWEDME SWDIVIS1011 SE2t-7P37S-FWM FM w 02/24/M SUSAN pu %V21 SULLIVAN A J 2 7 B 9 f0 11 12 7 8 9 10 11 12 7 8 9 10 1l 12 a 6 5LJ d� 3 0 10 o z ¢ 7 8 9 10 11 12 S1 w O (� w 7 8 9 10 1f 12 w 7 8 9 10 it IE 12 ti vi to S. W. 3 RD STREET S. E. 3 RD STREET 5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 B 2 1e0 9 4 3 p 4 12 J 6 9 10 11 12 1 8 l — f0 11 12 7 B 9 f0 7 8 9 10 II 12 11 5 12 5 S. W. 4 TH STREET 1 w 6 5 4 3 2 1 w ¢ G 12 _x x x LO i 7 8 9 10 11 J12i ✓i v S. W. 5 TH STREET f 6 5 4 3 2 1 ]12 7 8 9 10 11 12 S. W. 6 TH STREET S. W. 8 TH STREET f 6 5 3 2 1 2 7 0 9 10 11 12 6 5 4 3 2 1 187 7 8 9 10 it 12 6 5 4 3 2 1 194 7 6 9 10 11 12 w 3 z 6 5 4 3 2 1 w 5 4 3 2 1 z 6 > ¢ 6 > a 0 4 010 N 21 a 7 8 9 10 11 12 s 7 i 2 5 vi N vi 8 9 6 5 4 3 2 1 195 7 0 9 10 1 f 9 B 7 2 24 218 19 6 3 4 5 f0 11 12 5 2 6 �7 6 5 4 3 2 1 6 5 4 3 2 1 196 231 3 2 7 B 9 10 11 12 13 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 6 5 235 2 1 236 237 7 8 9 10 fl 12 7 8 9 10 11 12 7 9 9 10 11 12 Q 6 5 4 3 2 1 8 239N„= 9 7 6 9 A V' 10 f0 2 11 S. W. 9 S. W. 9 TH STREET 7 1 LL 7 8 2 z B ( I w 6 5 4 Z 1 w j45 3 2 1 3 > 3 ¢ g i > 4 < o¢10 4 ct 10 I11Ln 2 z 7 B 9 to 11 12 aZ 6 s 12 6 V 12 cli vi `fi S. W. 10 W 31 .7 AC EET 6 4 3 2 1 0 7 8 9 10 11 f2 7 1 7 1 7 8 2 B 2 8 9 9 3 9 to 4 10 4 10 11 5 11 5 it 12 6 12 6 12 5.W.II i t Ll8 122 9 3 3 1 2 3 4j 124 / 7 6 T5 2 q 3 2 1 6 1 5 1 4 1 3 2 f 6 5 4 3 2 1 5 6 2 7 9 10 11 E78 to 11 12 7 8 9 10 IS 12 8 4 5 3 2 1 6 7 B f i1 12 9 S. W. 5 TH STREET 4 5 3 2 1 6 7 B f0 11 f2 A S.E.4 TH STREET 6 4 3 2 1 6 5 4 3 2 1 !0 11 r 7 8 9 1 11 12 .. 7 B 9 ? 2 5 4 S. E. 5 TH STREET 6 5 4 3 2 1 6 5 4 3 2 1 221 11 ' F to 7 8 9 G 2 7 8 9 f0 11 12 5 4 3 S. E. 6 TH STREET 1 9 8 7 2 230 4 to 11 12 5 6 W.7 TH STREET kQ z w ¢ a 1 1 2 Z 3 9 3 4 10 4 5 11 5 6 12 6 TEET f 7 1 2 w w 8 2 3 ¢ 9 3 4 z 10 4 5 a If 5 6 V5 f2 6 ui 0 0 . W. 12 TH STREET 7 1 7 1 a 9 3 s 1 3 I 4 0 4 v fl 5 11 5 � a 12 6 12 6 3. W. 13 TH STREET x 7 1 7 1 9 3 9 3 to 4 10 4 1f 5 11 5 12 6 12 6 S. W. 14 TH STREET 7 I 8 2 9 1 3 10 4 11 5 12 1 6 1 1 B 2 9 3 10 4 11 5 12 6 • 1375 Jacksoneet, Suite 206 Fort Myers, FWda 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larae-planning@att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No. The City of Okeechobee Susan Sevier -Sullivan 06-011-SSA Staff Report Applicant: Susan Sevier -Sullivan Small -Scale Comprehensive Plan Amendment Petition No. 06-011-OSSA General Information Applicant/Owner: Susan Sevier -Sullivan Applicant/Owner Address: 802 SW 3 Ave. Okeechobee, FL 34974 Contact Carmen Alexandra Sevier -Sullivan Contact Person Number: 863-467-5116 I Future Land Use Map Classification Existing Single Family Proposed Commercial Zoning District RSF-1 CHV Use of Property Single Family Residence Business Office Acreage .48 .48 Legal Description: Lots 2 and 3, Block 3, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.48 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. Concurrent with this request, the applicant is also requesting a rezoning change from RSF-1 to CHV for the property. North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Public Facilities PUB Public School Commercial RSF-1 Mixed Residential Commercial CPO Law Offices Single Family RSF-1 Single -Family Residence Staff Report • ApplicafnSusan Sevier -Sullivan Small -Scale Comprehensive Plan Amendment Petition No. 06-011-OSSA The subject property contains a residential structure. As stated earlier in this report, the applicant is requesting a change from single-family to Commercial Future Land Use category. This will allow the applicant to operate an office at the property. The surrounding area contains a mixture of Single -Family and commercial uses. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the Commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. B. Concurrency of Adequate Public Facilities Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. C. Compatibility with Adjacent and Nearby Land Uses The requested Future Land Use category will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses D. Compliance with Specific Standards of the Plan. The proposed Future Land Use amendment is in compliance with the specific standards of the Comprehensive Plan. Analysis and Conclusions The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP March 20, 2006 0) March 28, 2006 - Land - Paee 9 of 10 IV. NEW BUSINESS CONTINUED. E. Comprehensive Plan Future Land Use Map Amendment Application No. VOTE 06-010-SSA continued. HOOVER - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA 11 MOTION CARRIED. F. Comprehensive Plan Future Land Use Map Amendment Application No. Mr. LaRue briefly reviewed the Staff Report as follows: • 06-011-SSA. Consider a recommendation to the City Council to change the land use designation for Lots 2 and 3 of Block 3, South Okeechobee, from Planning Staff Report Summary: The subject property contains a residential structure. As stated Single Family (SF) to Commercial (C). The subject property is located 804 earlier in this report, the applicant is requesting a change from single-family to Commercial Future Land Southwest 2"d Avenue. The application was submitted by property owner Use category. This will allow the applicant to operate an office at the property. The surrounding area Susan Sevier -Sullivan. contains a mixture of Single -Family and commercial uses. Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would appear that the Commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested Future Land Use category will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses. (D) The proposed Future Land Use amendment is in compliance with the specific standards of the Comprehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee's Comprehensive Plan. Mr. Alan Sharp, residing at 801 Southwest 3" Avenue, stated that he had no objections to this request. He suggested that the commercial use be light and not heavy. March 28, 2006 - Land Planning Agency - Page 10 of 10 IV. NEW BUSINESS CONTINUED. F. Comprehensive Plan Future Land Use Map Amendment Application No. 06- Mrs. Betty Clement, General Services Secretary, spoke on behalf of Ms. Sevier -Sullivan as she was ill 011-SSA continued. and not able to attend, and informed the Agency Board that Ms. Sevier -Sullivan was in favor of the rezoning being changed to Commercial Professional Office CPO, should this request for Future Land Use Map designation be changed to Commercial. There was a brief discussion on this matter. Agency Member McCoy moved to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 06-011-SSA, to change the land use designation for Lots 2 and 3 of Block 3, South Okeechobee, from Single Family (SF) to Commercial (C); seconded by Agency Member Whidden. VOTE HOOVER - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:45 p.m. Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson Melisa Eddings, Deputy Clerk • EXHIBIT 7 APBIL 4, 2006 ORDINANCE NO. 943 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RMF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the applicant, Mark W. Brandel, on behalf of owners B & R Enterprises of Okeechobee, LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 06-006-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.518 acre(s) from Residential Single Family (RSF) Zoning District to Light Commercial (CLT) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 4 THROUGH 6 OF BLOCK 117, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) Zoning District. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 41h day of April, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: ion No.66 -606 Fee Paid: 950 . CD Jurisdiction:_ _ r 1st Hearing: � ' Q � 2nd Hearing: Q(p-i- ag Q , Publication Dates: shaxlek1 o Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owners): 4;y�� 2�SS dF�j�2F�©SEE- Ly A Owner mailing address: p'`� $ems �/'� 3��%� © a� :7 P P Name of applicant(s) if other than owner (state relationship):lam L I Applicant mailing address: S -,Veeo C A Name of contact person (state relationship): lqa k- N LL_Jl Contact person daytime hone(s): rk-?— 3 Fax: ✓ Property address / directions to property: S-© Indicate current use of property: �� CW6,5�- Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: , S� Is property in a platted subdivision? P R I there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: N / Ja O P Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: 9 E R Is a sale subject to this application being granted? p T }, Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: �kS Describe adjoining land uses / improvements to the North: , coa South: � ; ff�rG� East: VW.4-Al— West: I/4 C4AI-1� Existing zoning: /f S,C5- Future Land Use classification: Actions Requested: C!�5Rezone Special Exception (_) Variance Parcel Identification Number: —h %" 3 s — &&l © — c7 l Q —0<9 99 I ✓ 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 anri rJM=LPf up to 30 days and may result in the summary denial of this application. iQria ure Printed Name Date Uniform Land Use Application (rev. 1/03) Page I of 2 r Current zoning classification: Requested zoning classification What is your desired permitted use under the proposed classification: E Z r/�s.•f%S C�s�/%G O. N I the new zone be contiguous with a like zone? If grantedvow E Is a Special Exception necessary for your intended use? Variance? wif"'C'W Describe the Special Exception sought: S P E iC Provide specific LDR ordinance citation: I A. L Are there other similar uses in the area? Is so, describe: E, X` E Why would granting your request be in the best interest of the area and residents? P T I If business, briefly describe nature including number of employees, hours, noise generation and activities to be O N conducted outside of a building: Describe Variance sought: V' A R ' Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 r� B & R Enterprises of Okeechobee, LLC 2525 N.E.131" Lane Okeechobee, FL 34972 February 13, 2006 TO: The City of Okeechobee RE: Property Located at 309 N.E. 6t' Avenue The above property is surrounded by vacant lots, one residence and diagonally across from a commercial endeavor. It is our desire to relocate our offices to this location. Use would consist of light traffic and minimal occupancy at any given time. We will appreciate your positive consideration of this request. Reg Mark W. Brandel Managing Member B & R Enterprises of Okeechobee, LLC 2525 N.E. 131" Lane Okeechobee, FL 34972 February 13, 2006 To Whom It May Concern, Be advised that by this letter and as 50% shareholder, I authorize Mark W. Brandel, managing member of B&R Enterprises of Okeechobee, LLC and himself 50% shareholder, to act in my behalf regarding any issues having to do with the property located at 309 N.E. 6d' Avenue, Okeechobee, FL. Jackie RedikerekC 201 N.E. 10 h Street Okeechobee, FL 34972 u {PRY PUg` IYI/'11 GARI .1 Imo. WI ERR * * MY COMMISSION # DD 32M EXPIRES: June 14, 2008 �s'FOF IV' Bonded Rn Budget Notary Serves 3 ' •'' S - I -..r -•3 .. -ill �i ui � _ � �.�� � ���•='i _ �•-= � a _sue � ✓fir __.. � — � � c ii ,' � .e _ .� __ -3ti it dr{- . I HIS INSTRUMENT PREPARED BY AND RETURN TO: Lake Okeechobee Title Inc • 210 NW Park Street Okeechobee, A 34972 Property Appraisers Parcel Identification (Folio) Number: 3-15-37-35-0010-01170-0040 ABOVE THIS LINE FOR RECORDING DA THIS WARRANTY OECD, made the 1st day of June, 2005 by John E. Burdeshaw, A married man, and Paul Burdeshaw, A Single man, whose post office address is 301 SW 21st Street, Okeechobee, FL 34974 herein called the grantors, to B & R Enterprises of Okeechobee, LLC, A Florida Limited Liability Company whose post office address is 2525 NE 131st Lane, Okeechobee, FL 34972, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and grantee" inchude all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: Lots 4, 5 and b, Block 117, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, page 17, public records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to taxes for the year 2005 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Sjgllfd, sealed antldelivered in the presence of #1 #1 Printed Name Witness #2 Signature22 aloen Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE J�.B�urdeh.,v %max .-�" l•'�;�-�..--�,�/ Paul Burdeshaw The foregoing instrument was acknowledged before me this I st day of June, 2005 by John E. Burdeshaw and Paul Burdeshaw who are personally known to me or have produced as identification. SEAL `Notary Public (� ( -nn NA t _ 1� )u 11 CIO lh Printed Notary Name My Commission Expires: MY Co MISSUNJ / OD i16X1156 EXPIRES: Sept nber 25, 2XI05 '�o. cacti' . aadW Ttw M-W N., ft ku 3153735DO100085OW70 315173,. 4Gft6W1W 15373500100005W010 CCD 7 8 9 10 11 12 L-Li 7 8 9 10 11 12 3153735WIOWB5001 W z z 50 5D 50 50 N. E. 5 TH STREET 6 5 4 3 2 1 3 73MIOD1130WID J r O e' O p N - J O p r v Q 31537.3i001W113WM 7 8 9 10 11 12 �n 50 50 50 3153735MI001 IOMIO 6 5 4 3 2 1 O p )153735W10011BOW70 31537MI MI80M00 7 8 9 10 11 12 50 1 50 50 50 3153735001 W I /500020 31537A5001001I50W10 3M 135001001AW10 W w o Q 1�3 3163rMIODOB*O= 3 4 5 50 i 3153735W10M140Wf0 �.J-J 3151TISM1001160M3 6 5 4 3 2 1 z 4 3 2 w O O O O p p 3153735WIW11eDW)0 �� )i53735W1 W11 . 7 8 9 10 11 12 5 6 7 z 50 50 50 50 N, E. 4 TH STREET 50 1 1 50 315373500100117OW40 31537350O DOt Ifi000/0 315317500f 001f 70W20 6 5 4 3 2 1 6 5 4 0 0 L, 1n 0 0 0D SC1 3153735WI0011700100 31537M 10011500070 31537350010011700070 7 8 9 10 11 12 7 8 9 50 50 50 N. E. 3 RD STREET �J 115U35WIW1170 Q � 3 w Q s o = o i - CDCD 31537MI0014WW70 315373500100115W1W co 3153735DO10DI4600070 3153735W10Ma800100 3153735001WIIIWO69 ''' 7 8 9 10 11 12 w 6 7 8 50 50 . 315)735am aMe6Wo1 531�0010D11fi000W 3153735W1Wfe 15373Wf00fefA00Nt 0 p SL, Sf7 1375 • Jackson eet, Suite 206 Fort Myers, Ada 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report Rezoning Request Preparedfor ApplicanW wwr.• Petition No. The City of Okeechobee B & R Enterprises of Okeechobee, LLC Staff Report Applicant: B & k Enterprises of Okeechobee, LLC. Rezoning Request Petition No. 06-006-R General Information Applicant/Owner: B & R Enterprises of Okeechobee, LLC Applicant Address: 2525 N.E. 13 V Lane Okeechobee, Fl 34972 Applicant Phone Number: 863-763-6796 Contact Person Mark W. Brandel Existina Proposed Future Land Use Map Single Family Commercial Classification Zoning District RSF-1 CLT Use of Property Vacant Single Family Business Office Residence Acreage 1 .52 1 .52 Legal Description: Lots 4, 5 and 6, Block 117, City of Okeechobee, according to the plat thereof recorded in Plat Book 2, Page 17, public records of Okeechobee County, Florida. Request: The applicant is requesting that the zoning for the subject property be changed from RSF-1 to CLT to allow the property to be used as an office building. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Vacant East: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Vacant South: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family Residence West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: ily Residence Staff Report • Applicant: B & R Enterpa of Okeechobee, LLC. Rezoning Request Petition No. 06-006-R The subject property contains a residential structure. Additionally, the applicant is requesting to amend the Future Land Use Map from Single -Family to Commercial to allow an office. The surrounding block of the subject parcel is a single-family neighborhood and a commercial office would be out of place. There is adequate commercial nearby and it is not necessary to further encroach in another residential area. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single - Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The subject property is within the Single -Family Future Land Use category and the RSF-1 Zoning District and is already developed with a single-family residence. The surrounding properties are also consistent and allowing this use would be contrary to the Comprehensive Plan policies. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-252(1) permits professional office, business office, and medical offices in the CLT Zoning District. 3. The proposed use will not have an adverse effect on the public interest. It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. 2 Staff Report Applicant: B & k Enterprises of Okeechobee, LLC. Rezoning Request Petition No. 06-006-R 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent 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. Permitted uses such as those allowed in the CLT Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. 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 If granted, the use may be required to be buffered from the residential neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use and CLT Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be interpreted as a special favor to an individual owner. 3 • Staff Report Applicant: B & R Enterprises of Okeechobee, LLC. Rezoning Request Petition No. 06-006-R Summary and Conclusions Prior to Certification The proposed zoning and use appears to be inconsistent with the Comprehensive Plan. The change from the single-family to commercial would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing Zoning and the existing use are all compatible with each other and the surrounding area. The City must encourage compatibility with adjacent uses, and curtailment of uses that are inconsistent with the character and land uses of surrounding areas as well as discourage urban sprawl. Recommendation Staff does not recommend for approval of the request to allow rezoning from RSF-1 to CLT permitting the applicant to operate an office at this location. Submitted by: James G. LaRue, AICP Planning Consultant March 20, 2006 In N. E. 7 TH STREET 50 50 ,IalaYlolYnO 6 5 4 31 2 1 — 7 6 9 10 1? 12 7 8 9 '10 -11 -12 umlm®lu nrnaxoplan, p 50 50 0 w z w 50 50 50 50 Iwae»aawu� w „ars„asmrm a ,ar,maYmm 6' 5 4 3 2 1 z 6 5 4 3 2 1 awa.ln.lma y ,n,n.m„ Lil z LLJ Z 2 _ V � ��a ,a,rae,mrrem CIJ w 7 8 9 10 -11 -12 L,j 7 8 9 10 11 12 u.i ZaYn,wrnm»n z Z i0 50 50 50 50 0 2 0 3 6 5 4 3 2 1 ,InIAMImaiYOa o 7 8 ' 9 ?0 111 ' 12 N. E. 6 TH STREET 50 50 6 5 4 a3 2 ? as 7W'8 9 10 11 )2 awaMlMaamY 50 50 N. E. 5 TH STREET 0 50 6 5 4 3 »n, 2 I�,mlel Q g nn,»al0almm 7 6 9 f0 11 12 5D 50 N. 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E. 2 ND STREET ( CALC. ) 31537350010000100010 50 50 200 0 $ 8 31537350010015f0004 nsmrelalvmn � � ,Iwvalalreea, t 4 . 6 5 4 3 2 1 6 5 4 $�5 4 3 2 1 31537350010014800020 e —IA 8C Awnsnmrs r) 11 47 AC Qr �nnnmmlara nrraaxralrlm �,ymm,� a Ir a a — nramminmr »wnmieaamin 2 7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 1 11 12 31 7350010014800D arslwrrue 79.29 50 150 30D _ 171-?0 R _ 300 R F � n1u.91YmImYa C � 1 wandsmml 253 1 3 4 5 6 7 8 a„naarYarm i0 70 50 171-I-MAVAN1111 1'j�m °i @°I• � A 252 5R P 0 m,nm Yrsar (02520-00AO) 221.23 aln,alralaYN (02520-00HS) A B C 167 0 E F-2 1 nn�n 3 216 4 anro 5moomYe 230 6 amao.mlm6Y 7 230 8 9 10 165 11 / / nawnmlli 12 awa¢,r.rr,o \� I)d2 72 J J WATER L-Xl I �f" eA awaawrws 1.82 AC awawaaaa 6 T 2! ,1 ,nva�,aew _9B 24 Jlwaau® ,Inla�li B UNDARY SURVEY PREPARED FOR B R ENTERPRISES OF OKEECHOBEE DESCRIPTION.• LOTS 4, 5 AND 6, BL CK 117, Cl TY OF OKEECHOBEE, A CCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BQOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC 1) UNLESS SHOWN 0 2) SI7F ADDRESS' 3 3) PARCEL ID.' 3-15 4) F. 1. R. M. ZONE. ZG 5) THIS SURVEY IS I 6) THE SURVFY DEPi DELE77ONS TO SUR W WITHOUT WRI TTSN CC 7) DA 7F OF LAST FIi ­EDOE TELEPHONE �`— PEDESTAL DHW OHW WATER—,® METER Q o m A °o I-- -- 50.0' ---� TELEPHONE PEDESTAL WOOD POWER POLE PREPARED FOR THE EXCLUSIVE USE B & R ENTERPRISES OF OKEECHOBE DESCRIPTION REFERENCE: PROVID BEARING REFERENCE: THE EAST R NO TES: ZRW/SE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). P N. E 6 TH A VENUE. 37-35— 0010— 01170— 0040. E UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE C1 TY LIMI TS. )T WENDED TO DEPICT JURISDIC770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. TED HERE 1S NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR 'MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES IS PROHIBITED SENT OF THE SIGNING PARTY OR PAR RES. D SUR VT Y 01109106. (ASPHAL r ROAO) —F N.E. 4TH STREET 100' R/W i I 0 0 h WOO I WOOD POWER POWER POLE \ '4�r POLE OHW - OHW � OHW OHW—{— CHW ONW S 89 31 '52 " E 150.11 '(M) 150'(P) FOUND 5/8'/RON ROD & CAP D£HA YS 5178' t FOUND 518'IRON ROD k CAP DEHAYS 5178" 0 — — - 62.0' — — — — — — 69.7' — — — — 4 h s� TOTAL PARCEL CONTAINS f 0.518 A CRES I I m m FOUND 5/8' IRON ROD (NO LD.) ANCHOR 15' ALLEY FOUND 5/8"IRON ROD & CAP DEHA YS 5178" Gv10G�4�11 q 1p 30 SCALE IN FEET MAP SCALE: 1 INCH a 30 FEET LEGEND: (M) = FIELD MEASUREMENTS (P) = PLAT DIMENSIONS Ct = CENTERLINE 9 10 DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 02/08/06 WC KAB REVISE SURVEY FIELD DATE ` 02/10/06 WC KAB BY, CLIENT OR CLIENT'S REPRESENTATIVE I FB/PG: 171/76-77 SCALE: 1" = 30' OF N.E. 6TH AVE. IS TAKEN TO BEAR N00'01'02"E FILE: 20109 JOB NO: 20109 TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND APPERS 200 S.W. 3rd A onue Okeechobee, FL 34974 / Tel: (863) 763— 887 Kenneth A. Breaux, Jr. (PSM 4820) Certificate, JYl -thorization No. LB 671E STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if .any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Sectlon 472.027, Florida Statutes. IV. NEW BUSINESS. A. Rezoning Petition No. 06-003-R: Consider a recommendation to the City Council to rezone Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7' Avenue. Malissa Morgan is the applicant on behalf of property owners A Child's World Childcare and Preschool, Inc. B. Rezoning Petition No. 06-006-R: Consider a recommendation to the City Council to rezone Lots 4 through 6 of Block 117, Okeechobee, from Residential Single Family -One (RSF-1) to Light Commercial (CLT). The subject property is located at 309 Northeast 6' Avenue. Mark W. Brandel is the applicant on behalf of property owners B & R Enterprises of Okeechobee, LLC. March 2006 - Planning Board - Page 2 of 9 Mr. Jim LaRue, Planning Consultant, requested this item be tabled on behalf of the applicant, as the project engineer, Mr. Jeff Sumner, is currently working with Mr. LaRue and his staff on the matter. Therefore this item will be presented at the April 25, 2006 meeting. A memorandum was distributed to the Agency Members from Mr. Jeff Sumner of this request. Board Member McCoy motioned to table, Rezoning Petition No. 06-002-R, as requested by Mr. LaRue on behalf of the applicant; seconded by Board Member Hoover. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Request: The applicant is requesting that the zoning for the subject property be changed from RSF-1 to CLT to allow the property to be used as an office building. Planning Staff Report Summary: The subject property contains a residential structure. Additionally, the applicant is requesting to amend the Future Land Use Map from Single -Family to Commercial to allow an office. The surrounding block of the subject parcel is a single-family neighborhood and a commercial office would be out of place. There is adequate commercial nearby and it is not necessary to further encroach in another residential area. Planning Staff Report Comprehensive Plan Analysis: (1) After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single -Family Future Land Use. category. The intent of the Future Land Use March 28, 2006 - Planning Board - Paize 3 of 9 IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 06-006-R continued. Planning Staff Report Comprehensive Plan Analysis (1) continued: Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consisten with the character and land uses of surrounding areas, and shall discourage urban sprawl. The subject property is within the Single -Family Future Land Use category and the RSF-1 Zoning District and is already developed with a single-family residence. The surrounding properties are also consistent and allowing this use would be contrary to the Comprehensive Plan policies. (2) Section 90-252(1) permits professional office, business office, and medical offices in the CLT Zoning District. (3) It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. (4) The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. (5) Permitted uses such as those allowed in the CLT Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. (6) If granted, the use may be required to be buffered from the residential neighborhood. (7) The proposed use and CLT Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. (8) The subject property will increase traffic as a result of future commercial use. If approved, site plan will be required to show drainage on the site. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change could be interpreted as a special favor to an individual owner. Planning Staff Report Summary and Conclusions Prior to Certification: The proposed zoning and use appears to be inconsistent with the Comprehensive Plan. The change from the single family to commercial would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing Zoning and the existing use are all compatible with each other and the surrounding area. March 28, 2006 - Planning Board - Page 4 of 9 IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 06-006-R continued. The City must encourage compatibility with adjacent uses, and curtailment of uses that are inconsistent with the character and land uses of surrounding areas as well as discourage urban sprawl. Planning Staff Report Recommendation: Staff does not recommend forapproval of the request to allow rezoning from RSF-1 to CLT permitting the applicant to operate an office at this location. The Board recommended the rezoning be considered as CPO, since the requirements are more restrictive and would be more suitable in a RSF-1 Zoning district. Mr. Brandel, one of the owners of B & R Enterprises of Okeechobee, LLC, remarked that he had a concern with the use of his F350 truck not being permitted in this CPO zoning category. Other than that, he would be in agreeance with this recommendation. Mr. Dowling R. Watford, Jr, residing at 701 Southeast 5 Street, remarked that he appreciated the recommendation from the Board as CPO. He had no objection to the rezoning being considered for CPO but would be objective to any other commercial zoning. Mr. Watford suggested to the Board to recommend to the City Council that an amendment be considered to state specifically . what kind of truck can be used with the CPO zoning. There was no further discussion from the Board Board Member Maxwell moved to recommend to City Council to approve Rezoning Petition No. 06-006-R, Lots 5 and 6 of Block 205, First Addition to Okeechobee, changing the zoning from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO) stating the limitation of the vehicle weight be amended; seconded by Board Member Johns. IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 06-006-R continued. C. Rezoning Petition No. 06-007-R: Consider a recommendation to the City Council to rezone the South one-half of Lot 5 and all of Lot 6 of Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO). The subject property is located at 1008 Southwest 2"' Avenue. James E. Fraser, III is the property owner. March VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: 2006- Planning Board - PaLre 5 of 9 Planning Staff Report Request: The applicant is requesting that the zoning for the subject property be changed from Residential Single Family -One to Commercial Professional Office to allow the property to be established as an office building. There is also a request by the applicant to change the Future Land Use from Single Family Residential to Commercial. Planning Staff Report Summary: The subject property is currently zoned RSF-1 and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to CPO. The applicant is proposing to use the property as an office building. Planning Staff Report Comprehensive Plan Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The use as an office is specifically authorized under the CPO Zoning District. (3) The proposed zoning and use will not have an adverse effect on the public interest. (4) The use as an office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block and should not, if approved, lead to future encroachments into stabilized residential neighborhoods. (5) The proposed zoning and use will not adversely affect property values or living conditions. (6) The proposed use can be buffered form surrounding uses if necessary. (7) The proposed use will not create a density pattern that would overburden public facilities. No density is involved. (8) At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. Adfional Information - Exhibilf - April 4, 2006 Agenda •c Y CD Q �wJ 4) uQ O �N 3 ca •Q � oQ 2-0 wCoJZ€ rn O a O r o m a`) (D a>i (vE av c c � o v o E c a) N Op U) � E o QU 0 ID OCD CL o= a> m �L- u O Q cn U CD o 0)0 a� �M GL c CL •— Ev v Q o o 0 m c cM CD (D c' c E o `' E n 3 V c E— L cd O U O m 4= U. -0Qo � U'0 O pan v U m ZONING DIVISION 6. COMMERCIAL PROFESSIONAL_ AND OFFICE (CPO) DISTRICT* Sec. 90-221. Generally. (a) Commercial professional and office (CPO) zoning districts shall be permitted only on land designated as future land use category commer- cial in the comprehensive plan. (b) Uses in commercial professional and office (CPO) zoning districts shall be subject to the regulations of this division. (LDR 1998, § 360) Sec. 90-222. Permitted uses. Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three- quarters ton capacity shall be used, the following principal uses and structures are permitted in the CPO district: (1) Professional office, business office, medi- cal office - "Cross reference —Businesses, ch_ 14. Sec. 90-225. Lot and structure requirements. (2) Funeral home. (LDR 1998, § 361) Sec. 90-223. Special exception uses. § 90-225 The following uses and structures are permit- ted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Day care center. (2) Barbershop, beauty shop. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (LDR 1998, § 362) Sec. 90-224. Customary accessory uses. Each permitted principal use and special ex- ception use in the CPO district is also permitted to have the customary accessory uses for that use_ (LDR 1998, § 363) Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the CPO district shall be as follows: (1) Minimum lot area. All uses: Area 6,250 square feet Width 50 feet (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, minimum yard setbacks shall be as follows: a. All uses: Front 20 feet to buildings; ten feet to parking and driveway Side eight feet; 20 feet abutting residential zoning district Rear ten feet; 20 feet abutting a residential zoning district b. The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. CD90:19 § 90-225 OKEECHOBEE CODE (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface All uses: 50 percent 60 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (LDR 1998, § 364) Sec. 90-226. Additional regulations. Additional regulations which shall apply to all uses in the CPO district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations_ (6) Supplementary use regulations_ (7) Environmental and stormwater regula- tions. (8) Utilities regulations. (LDR 1998, § 365) Secs. 90-227-90-250. Reserved. DIVISION 7. LIGHT COMMERCIAL (CLT) DISTRICT* Sec. 90-251. Generally. (a) Light commercial (CLT) zoning districts shall be permitted only on land designated as future land use category commercial in the com- prehensive plan. (b) Uses in light commercial (CLT) zoning dis- tricts shall be subject to the regulations of this division. (LDR 1998, § 370) *Cross reference —Businesses, ch. 14. Sec. 90-252. Permitted uses. The following principal uses and structures are permitted in the CLT district: (1) Professional office, business office, medi- cal office. (2) Retail store, retail service. (3) Personal service. (4) Craft studio. (LDR 1998, § 371) Sec. 90-253. Special exception uses. The following uses and structures are permit- ted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, cafe. (2) Dry cleaner, laundry. (3) Private club, nightclub. (4) Business school. (5) Radio, television or cable reception, trans- mission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. CD90:20 (8) Outdoor vehicle sales lot. (9) House of worship. (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. r C� r a 0 cu 0 0 0 rt 3 m cu 0 c W w m Et 9. 0 u EXHIBIT 8 APRIL 4, 2006 ORDINANCE NO. 944 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARL DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (R F-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner, James W. Fraser, III, of the property more particularly described hereafter, has heretofore filed Petition No. 06-007-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.25 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: SOUTH ONE-HALF OF LOT 5 AND ALL OF LOT 6 OF BLOCK 8, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family/ One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 41h day of April, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 d City of Okeechobee General Services Department 55 S.E. 3' Avenue; Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 21$ Fax: (863) 763-1686 Date: ® 62 lion No. - Fee Paid: �® �� Jurisdiction: CC+� 1st Hearing: g a� 2ndHearing: •� b , Publication Dates: i1 P 47 l• Notices Mailed: Uniform Land Use Application Rezone - Special Ezcention - Variance ✓ Name of property owner(s): Cs if Owner mailing address: W (Ls f7Hs 4 Ltl Z. Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): ,t,t-4, �N- _ _ Contact person daytime hone(s): 109 Fax: Of ��3 � 3� a t ✓ Property address / directions to property: DOI SLV 9""J Indicate current use of property: y� Describe improvements onyproperty, ,Jincluding number/type of dwellings and whether occupied (if none, so state): SvN Le V.+.+� VI4+'� Y ��Vaw-' W✓DILIL{{�D t � is i�C Q' �.s Approximate number of acresIs property in a platted subdivision? s 'p: Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: p . Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: N 0 `TZ Is a sale subject to this application being granted? #0 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: CS _ Describe adjoining land uses / improvements to the North: Rzt J d c. Z'^0. cra *1 % 1Qt[� South: East: GoinAveK( West: Existing zoning: Future Land Use classification: _..' L._ .. Actions Requested: (Y Rezone (_) Special Exception Variance Parcel Identification Number: 3 3 O o� coo go , a a 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. 0 and imprisonment of up to 30 days and may result in the summary denial of this application. Si a e Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 FA' Current zoning classification: ks*F I Requested zoning classification: f0(� =- What is your desired permitted use under the proposed classification: =Sc,e If granted, will the new zone be contiguous with a like zone? y Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Preparpa by; Record and Return to: • F T L E MUM 2 U 4S42 *045,0 ReneeEllerbee Ott BK t]fJS$10 PG Big Take Title Company, Inc SNARDM ROBERTS", CLERK OF CIRCUIT COURT 2106 South Parrott Avenue DKEECHWE COUNTY, FL Okeechobee, Florida 34974 RECORDED 1OJ1912 10;59..41 An RECORDING FEES 18.50 File Number 2604 DEED DOC ir050.00 RECORDED BY G newbourn Warranty Deed Made this October I L • 2005 A.D. , By Randal Wayne Hall, a married man and Alanda Mills, a married woman and Jeanie Lynn Hartis, a married woman, whose address is: 168 Winces Road, Fayetteville, NC 28306, hereinafter called the grantor, to James E. Fraser III, whose address is: 1730 W. Las Olas Blvd., Ft_ Lauderdale, FL 33312, hereinafter tailed the grantee: (whenever used herein the tenn'gardor" and "gmntee• include all the partics to this instrument and the heirs, legal represcnhtives and assigns or individuals, and the successors and assigns orearporations) Witnemeth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: The South M of Lot 5 and all of Lot 6, Block 8, SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. The Granotm hcrcin warrant that the above property is not and never has been their homestead property under the laws and consitution of the State of Florida. Parcel ID Number 3-21-37-35-0040-00080-0050 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining_ To Have and to Hold, the same in Fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2004. In Witness Whereof, the said grantor has signed and sealed these presents the day and year fnt above written. Signed sealed and delivered in our presence: �y � (Seal) Alanda Mills Witless Printed Name Wendy I , —Addmpx f 1 1 Hartis logo ;7UMMI1 J111� State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 14th day of October, 2005, by Alanda Mills, a married woman and Jeanie Lynn Hards, a married woman, who istare personalty known to we or who has produced �L L. as identification. / 1 Al., Z- &I�A— `,tttrtllltRUr�r` Notary Public p�OTR%gY,�y.�yCommission Expires: • '4y Commoclob. Expires ;) 0 DD t�' 2a0B DEED Mdividaat Wrurunty Deed - Iegsl on Face posers' Choice OR BiK 1058n PG 0167 Preparedby Reeord and Return to: Reaoc Ellerbee 13igLake ride Company, Inc 2106 South ParronAvenue Okeechobee, Florida 34974 File Number: 2604 Signed sealed and delivered in our, presence: Wific9sYdMedNam dJ - ' A-Ia IJ �7� �f/ rr^ o w Incas Printed Name ^ ' ! �4 S112 5 State of North Carolina County of �k— -�� Randal Wayne Fla 1 Address: 168 Wilkes Road, Fayetteville, NC 28306 The foregoing instrument was acknowledged before me this J day of October, ZOOS, by Randal Wayne Ball, a married man, who is/are personally known tome or wbo has produced —')I C )�-� s�� U ro -r-- as identification. Notary Public tr My Commission Expir ; i (SEAL) DEED bsdividual Warramy Deed - Legal an Face Cloaen' Choice Gam,,--- OOY SW a '0 are iF v-pt wv ffAV ,A�4r,A,jLIAIlU c v V --- 32 337350040000600120 JL1J/a7Uuruvu� ___ o C1� Uo., o (J3 0 0 i 142. 5 6 12142, 5 142. 5 "' s 1� 142, 5 142. 5 S.N. 10 TH STREET 1 142. 5 Ln 1 Q 2 x 3 4 3213735 040000900030 3213735 040000900050 5 x CD 6 Ln 142. 5 142. 5 321373 Ln 0040001300010 321373 0040001300020 2 x 3 CD Ln 142. 5 M 133 0 CD 1 321373 040001400010 b a LO CDo Ln C:)� 0 Ln m 4 3 0 142, 5 LM 32137350004000800070 �a 9 0 rn C) 0 10 0 co 0 0 CD 11 L,. m 142, 5 1CD 3 32137350040000800010 32137350040000800040 142. 5 142. 5 CD 7 1 32137350d4000700010L 32137350040000700070 2 9 142. 5 3213736 140000700030 5 32137350040000700040 10 4 32137350 007001M 5 m C"it32137350�0000800050 0m 12142.52.5 Q 6 Lh 12 C7 6 LM 15 127.5 142.5 SA, It TH STREET 142. 5 142. 5 15 127, 5 142. 5 7 1 CD LO 0 7 0 Ln 32137350040001600010� 8 � O z 2 a 32137350 Oi600071 2 \j� O d LO / l CD 9 m 3 9 3 x 1 t42. 5 142. 5 10 4 LM 10 4 Ln 32137350040001600040 11 5 11 x 5 32137350040001500110 12 6 12 6 142. 5 142. 5 142. 5 142. 5 C-` W 4 1 TIJ CTRCCT ON O MOKTGAGT5UKVEY FKEFARE'I rOR= FKASEK j 5hETIT20F2 s#r AM ST. FOUND 5118 IROW ROD - — KITH CAP STAMPED: - - — - - - - - - T MIXO'V" (HELD) FOUND 1" /RON PIPE NO 10. (toiv) (HEID E11W) 370.70'(M) 370'(P) S89-46'47"E(M) ------- ----- - - - - - - - - - - - - 157,40' (M)I ( 143.30'(M) 142.5'(P) I 1 157.5'(P) f f FOUND 4 x4' FOUND 5/e' M W ROD CONCRETE MONYMDVT (NO ILL) 1 I1 FOUND 5/8" , f NO LD. (a2x) (HQD FOR Afl'S� 1 00 t J NO NO LD. I (HELD FAR E/W AU&VW0VT)(a3E) O � 1 D. (1.5 SXa r'W.) f f Aul.YVAfEN7) N7 ( )r EA CANCENT � 1 I 1 f 1 f f O — — — — — — — — — — — — — — — — I I I r FO W 5/8" IRaW ROD 0 WTH CAP STAMPED: u 1 A LOT 4 UI0N0 P3%I SABr" BLOCK 8 (a 1;NXa2; W) I to FOUND r" i I 142.5' P 1 61 WON PIPE I — 1 cU 1 NO W. FOUM 5/$" I (� /s) I N.1 /2 LOT 5 N89.46'34"E ' IRON .D- I I 142.5' (P) 143.22' (M) (H&D) WP to0 y _-----__-- I s7.s• - �- I L.� SA /2 LOT 5 2s.a DRJI�wAY -4O 1 --per ----- ------ (r p I I 1 — LOT 11 CS O �, 40.3' o �, 1-- txwr_CR OD p y _ ,Pa?ry� BLOCK 8 v toLOT6 h N, m �o .-. $ 1 1 157.5'(P) t2' 24.Y im RtTSYs rn 1 I 1 I 157.33'(M)- I 63.5' 5a5'1425' P�:l p wc FOiUNO r" 143.19" (M) FOUND 5/8' IRObY ROD o IRON /PE —EO N89.43'56"W—EOP KITH CAP Sr- - - _ - 2084 NOKTH _— N8_9-43'56_W (M)_369.99' 370.00 (P) FOUND 5/8- IROW ROD (BEARING BASE)- - - FOUND 5/8" W7MM CAP STAMPED. • New ROD ALMOND P-W WM- NO I.D. 1 FOUND I_ AREA = 0.25t ACRES 1 I 1 IRON PJPE- � 70 50' 37.5' 25' 12.5' O' 25' 50' r )NQY - 50 FEET (1. = 50) PROJECT INFO. BLOCK Ex%L jJ/ / jUIV DATE DRAWN/BY. 11-30-05 RR SURVEWN66 WI ING ,,!— DATE CHECKED/BY: 11-30-05 JAW FIELD SURVEY DATE- 11-17-05 FIELD BOOK AGE: 5 65-69 OFFICE. 304 NW 5th STREET - OKEECHOBEE PROJECT WG. NO: 05-0094 MAIL POST OFFICE BOX 1610 - OKEECHOBEE, FLORIDA 34973 PHONE. 863-357-6688 FAX: 863-357-6684 1 � 1 1 t , I REVISIONS BLOCK MORI �AGr_ SURVEY PRE., ABED FOR: FKA5F_K SHEETIOP2 LYING IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKF ECH05EE COUNTY, I=LORIDA STANDARD NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASEMENTS. RIGHTS —OF —WAY, ABANDONMENTS, ZONING SETBACKS OR DEED RESTRICTIONS. 2. 'THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. 4. UNLESS NOTED OTHERWISE, ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT OR DEED. 5. LOCATIONS OF BUILDING(S) ARE LIMITED TO THE ABOVE GROUND WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED. 6. UNDERGROUND UTILITIES, IF ANY, HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE. PROJECT SPECIFIC NOTES: 1. SITE STREET ADDRESS: 1008 SW 2nd AVENUE, OKEECHOBEE, FLORIDA, 34972. 2. FLOOD ZONE: SITE APPEARS TO LIE WITHIN THE AREA SHOWN AS "CITY OF OKEECHOBEE AREA NOT INCLUDED", PER THE FEDERAL EMERGENCY MANAGEMENT AGENCYS (FEMA) NATIONAL FLOOD INSURANCE PROGRAM (NFIP) FLOOD INSURANCE RATE MAP (FIRM) FOR COMMUNITY NUMBER 120177, PANEL NUMBER 02008, DATED 2/4/1981. STANDARD LEGEND: ASPH. (OR) ASP = ASPHALT. BFP = BACK FLOW PREVENTOR. BLDG. = BUILDING. CB = CATCH BASIN. CONC. = CONCRETE. COR. = CORNER. EOD = EDGE OF DIRTROAD. EOP = EDGE OF PAVEMENT. FC = FENCE CORNER. FL = FLOW LINE. FILT.SYS. = FILTRATION SYSTEM. FOC = FRONT OF CURB. MH = MANHOLE. NG = NATURAL GROUND/GRADE. OH = OVERHANG. OHU = OVERHEAD UTILITY (WIRES/LINES). WPP = WOOD POWER POLE. WSP = WOOD SERVICE POLE. SURVEY OF: LOT 6 AND THE SOUTH 1/2 LOT 5, BLOCK 8, "TO SOUTH OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7. OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT INFO. BLOCK L N Y: 11-30—OS RR KED Y: 11-30-05 JAW EY DATE: 11-17-05 AGE 5 65-69 WG. NO_: 05-0094 STANDARD LEGEND (CONTINUED): ® = ELECTRIC RISER/VAULT/METER. ® = TELEPHONE RISER/VAULT. wv = WATER VALVE/METER. = FIRE HYDRANT- ® = STORM WATER MANHOLE. SQ = SANITARY SEWER MANHOLE. = STORM WATER CURB INLET. = CENTERLINE PREPARED FOR: JAMES E. FRASER Ili Jq' IN A, WILSON, PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5157 FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB7429 ,5G/RVE Y/NG &MAPP/NG, %RG 10 as o ?A r OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL- POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 PHONE: 863-357-6688 FAX: 863-357-6684 / 110-15- /DAfE REVISIONS BLOCK f 6 5 4 3 2 1 w 6 5 4 3 2 1 w 6 5 4 3 2 1 j 1 a a 187 o 7 8 9 10 11 12 7 LO 3 7 8 9 f0 11 12 a 7 8 9 10 11 12 s N vi eri S. W. 5 TH STREET 6 5 4 3 2 1 6 5 4 3 2 1 7 .71 f0 II 12 7 B 9 10 11 12 S. W. 6 TH STREET S. W. 8 TH STREET 6 5 3 2 1 7 B 9 10 11 12 z 6 5 3 2 1 6 `� 4 3 2 1 5 5 4 3 2 I w w y > ¢ 6 4 az z 21 7 10 N 4 a Z 5 8 S fl 12 7 8 9 1 11 12 7 8 9 3 2 41 9 5 q S. W. 5 TH STREET S. E. 5 TH STREET 1 9 8 7 2 24 218 19 6 3 q 5 )0 1f 12 5 2 6 7 6 5 4 3 2 1 6 5 4 3 2 1 196 3 2 7 B 9 10 I1 12 f3 3 2 1 6 5 4 3 2 1 8 5 4 3 2 1 6 5 4 3 2 1 7 B 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11 12 1 2 6 5 4 3 2 1 8 3 9 4 M 1/e 7 8 9 9 X f 10 5 f0 2 11 6 S. W, s TH STREET S. W. 9 TH STREET 7 1 w 7 1 w 2 6 5 4 2 1 w 4 3 2 1 3 3 9 3 ¢ m < 45 4 ¢ 10 4 ¢ 10 4 z 6 a 12 6 ri 7 8 9 10 11 fz v S. W. 10 TH STREET 7 1 7 1 7 1 S.W. 10 TH STREET e 2 B 2 e z f 9 9 3 9 3 4 3 2 2 f0 4 ID 4 ID 4 3 Y if 5 11 5 If 40 O d 12 1 6 12 1 8 12 6 S W I1 T RFFT ® 1 7 1 7 1 8 2 8 1 2 Q 3 9 3 9 3 e 1 f 2 3 4 124 2 1 3 3 1 7 6 5 2 7 1 B 2 9 1. 3 10 4 5 11 12 fi 7 f 8 2 9 3 10 4 1f 5 12 6 S. W. 13 TH STREET 7 1 e 2 9 3 10 4 11 5 12 6 S. W. 14 iH STREET 7 1 8 2 9 3 10 4 IS 5 12 6 Q W IF TN STCIFFT m0 a 7 1 8 2 3 9 1 0 4 11 5 12 6 7 1 B 2 9 3 1D 4 II 5 12 fi 7 1 8 2 9 3 10 4 11 5 12 6 7 1 7 1 8 T B 2 9 3 10 2 4 10 9 11 5 fI 5 mill, Loll r fi 7 1 7 1 8 .. 2 6. 2 3 9 3 qA 9 3 10 29 4 c a s x 10 4 11 5 11 5 `'O x g 12 6 12 6 f 7_ 1 7 1 2 6 2 A 2 w F253f0 4 12 6 II6 12 6 ¢ a 5 5 4 3 2 1 6 5 4 3 2 1 221 1f A' to 7 B 9 G 2 7 B 9 10 11 12 .4 3 . 5 S. E. 6 TH STREET • 1375 Jackson eet, Suite 206 Fort Myers, fWda 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report Rezoning Request Preparedfor.- Applicant/Owner.- Petition No. The City of Okeechobee James E. Fraser III 06-007-R Staff Report Rezoning Request General Information Applicant: James E. Fraser. Petition No. 06-007-R Applicant/Owner: James E. Fraser III Applicant Address: 1730 W. Las Olas Blvd. Ft. Lauderdale, FL 33312 Applicant Phone Number: 954-658-0108 Applicant Fax Number: 954-763-3801 Contact Person James E. Fraser III Future Land Use Map Classification Single Family Commercial Zoning District RSF-1 CPO Use of Property Single Family Residence Commercial office Acreage .25 .25 Legal Description: The south 1/2 of Lot 5 and all of Lot 6, Block 8, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. The applicant is requesting that the zoning for the subject property be changed from RSF-1 to CPO to allow the property to be established as an office building. There is also a request by the applicant to change the Future Land Use from Single -Family Residential to Commercial. Adjacent Future Land Use Map Classifications and Zoning Districts: I North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single Family Residence East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Church South: Future Land Use Map Classification: Multi -Family Zoning District: RMF Existing Land Use: Business Office Staff Report • Rezoning Request West: Future Land Use 1V Zoning District: Existing Land Use: Classification: Single F RSF-1 Church Alacant: James E. Fraser. Petition No. 06-007-R The subject property is currently zoned Residential Single Family (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to CPO Commercial Professional Office. The applicant is proposing to use the property as an office building. I. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed zoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use as an office is specifically authorized under the CPO Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed zoning and use will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use as an office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block and should not, if approved, lead to future encroachments into stabilized residential neighborhoods. 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, the proposed zoning and use will not adversely affect property values or living conditions. 2 Staff Report Rezoning Request Applicant: James E. Fraser. Petition No. 06-007-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, the proposed use can be buffered form surrounding uses if necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not create a density pattern that would overburden public facilities. No density is involved. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed use will not constitute a grant of special privileges to an individual owner as contrasted with the public welfare. Summary and Conclusions Prior to Certification The proposed zoning would be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CPO permitting the applicant to use the property as an office. Submitted by: James G. LaRue, AICP Planning Consultant March 20, 2006 3 i • Staff Report App icant: James E. Fraser. Rezoning Request Petition No. 06-007-R March. 28.2006- Planninp- Board - Papae 5 of 9 IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 06-006-R continued. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHWDEN - YEA JOHNS - YEA 11 MOTION CARRIED. C. Rezoning Petition No. 06-007-R: Consider a recommendation to the City Council Mr. LaRue briefly reviewed the Staff Report as follows: to rezone the South one-half of Lot 5 and all of Lot 6 of Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) to Commercial Professional Office Planning Staff Report Request: The applicant is requesting that the zoning for the subject (CPO). The subject property is located at 1008 Southwest 2nd Avenue. James E. property be changed from Residential Single Family -One to Commercial Professional Office to Fraser, III is the property owner. allow the property to be established as an office building. There is also a request by the applicant to change the Future Land Use from Single Family Residential to Commercial. Planning Staff Report Summary: The subject property is currently zoned RSF-1 and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting • a rezoning from RSF-1 to CPO. The applicant is proposing to use the property as an office building. Planning Staff Report Comprehensive Plan Analysis: (1) The proposed zoning is not contrary to Comprehensive Plan requirements. (2) The use as an office is specifically authorized under the CPO Zoning District. (3) The proposed zoning and use will not have an adverse effect on the public interest. (4) The use as an office, or other CPO uses, is appropriate for this location. This zoning is compatible with adjacent land uses. The proposed use is not contrary or detrimental to urbanizing land use patterns on this block and should not, if approved, lead to future encroachments into stabilized residential neighborhoods. (5) The proposed zoning and use will not adversely affect property values or living conditions. (6) The proposed use can be buffered form surrounding uses if necessary. (7) The proposed use will not create a density pattern that would overburden public facilities. No density is involved. (8) At the site plan review stage, the impact on traffic, flooding or drainage problems will be discussed. At this time, however, it does not appear that the proposed CPO zoning will negatively impact public facilities. IV. NEW BUSINESS CONTINUED. C. Rezoning Petition No. 06-007-R continued. D. Rezoning Petition No. 06-008-R: Consider a recommendation to the City Council to rezone Lots 2 and 3 of Block 3, South Okeechobee, from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). The subject property is located at 804 Southwest 2°d Avenue. Susan Sevier -Sullivan is the property owner. March 28, 2006- Planning Board - Pa2e 6 of 9 Planning Staff Report Comprehensive Plan Analysis continued: (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed use will not constitute a grant of special privileges to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The proposed zoning would be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to CPO permitting the applicant to use the property as an office. There were no pubic comments, nor any discussion from the Board. Board Member McCoy moved to recommend to City Council to approve Rezoning Petition No. 06-007-R, to rezone the South one-half of Lot 5 and all of Lot 6 of Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member Whidden. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Request: The applicant is requesting that the zoning for the subject property be changed from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) to allow the property to be established as an office building. 0 REVISED EXHIBIT 9 ORDINANCE NO. 945 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner, Susan Sevier -Sullivan, of the property more particularly described hereafter, has heretofore filed Petition No. 06-008-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 2 AND 3 OF BLOCK 3, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 41h day of April, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181h day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 E ORDINANCE NO. 945 ExHIBIT 9 AnUL 4, 2006 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RMF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner, Susan Sevier -Sullivan, of the property more particularly described hereafter, has heretofore filed Petition No. 06-008-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 2 AND 3 OF BLOCK 3, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 41n day of April, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3"' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: tition No. Fee Paid: Jurisdiction: {�� 1stHearina: 5 ag p 2nd Hearing: , Publication Dates: 1ao Notices Mailed: Unitorm Land Use Application Rezone - Ssnevinl F.yrPntinn - v."." Name of property owner(s): J V5 _ LL1VMnJ A P Owner mailing address: 8� G3rd 4 0� � 3 C P L Natne of applicant(s) if other than owner (state relationship): �J I Applicant mailing address: C A N Name of contact person (state relationship):qkm,�-� (7 -J 1t/R T I Contact person daytime phone(s): 511 & Fax: V Property address / directions to property: O �! Indicate current use of property: 5 ' I r Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: , ,� Z. �' Is property in a platted subdivision? S P Is theme a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R G d O Have there been any land use applications concerning all or part of this property in the last year? if so, indicate date, P nature and applicant's name: A.) 0 E R is a sale subject to this application being granted? N- 0 T Y is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: S Describe adjoining land uses / improvements to the North: DN r` South: LA) 0 t GL= S East: Jt'l Tx � 7� �5. �� " West: " Y f Existing zoning:7)fi- L Future Land Use classification: Actions Requested: (%) Rezone C_._.) Special Exception (_) Variance Parcel Identification Number: -- 3 j7 — 3�5- —o p b 0 D 30 ` 602 0 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 $500.00 and impris t of up to 30 days and may result in the summary denial of this application. Signature Printed Name Date 0 Uniform Land Use Application (rev. 1/03) Page 1 of 2 0 Current zoning classification: ej — Requested zoning classification R What is your desired permitted use under the proposed classification: E Z. Gym r� �r6-13 l 0 N E If granted, will the new zone be contiguous with a like zone? E—S Is a Special Exception necessary for your intended use? AJD Variance? N Describe the Special Exception sought: S P E C i Provide specific LDR ordinance citation: A L E Are there other similar uses in the area? Is so, describe: X C E Why would granting your request be in the best interest of the area and residents? P T I O ly If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Uniform Land Use Application (rev. 1/03) Page 2 of 2 ram,l d 3c> .— 06 2 rn el. (pA� no460INT1941 iy Doc n_ lary 5tettys Wa In ttte atnotmt of V' I„d to r+.�. 3-21-37-35-QDd0.00M0020 Class Clhtang►ded Tax paW In, n two S)taton iaDba bl OR' ofarrant DeedY J51ndesawrec Made this 23rt3-th:day of July, 2001 A.b. , Between. GAY�GONOWSKI AND CORA RUTH BELL o ex►nnty o Al 11086 ' chfield. ST is Rof �p�VjVEGTNICUT�e��s• no S EWSULLIVAN «� P•o- ': �r�to-toLt PQavlb(bLk (�nas^J _ .State of A ,grantee(s) N7tnrssdh - GRANPOR(S) ror and in consideration of the sum of - - - - - - - - - - -TEN A NOJtt (=10. : - - - - - - - - - DOLLARS. and aher'good and :valuable consideration to GRANTOR paid by GRANTEES) the necipt whereof is hnxcby acknowledged. has granted, bargained and to add GRANTEE beds and assigns forever, the following land. sidmtr, lying and being In County of OKiOBES State of FLORIDA To wtt: u AR. UNDIVIDED IWgRRIEM TR AND TO THE FOrLOWIl1f3 DESCRIBED: PROP1$RTY1 LOTS S AND 3 3 "SOUTH OKBECHOBSI3, ACCORDING TO THE PLAT THEREOF RECORD SLAT BDOft 5.. PAt3B 7. PU$LIC RECORDS . OF O>�HOBEE . > _i 41 'Said property is homestead of the ftantor(s) under the .lave and constitution of thuaae of Florida in that neither.Orantor(s)'or. any metnbe3,e" of the ho of Grantor(s) reside thereon. Stsbject to covenants, rested tmsenx�ts of ret»rd:_ Subject also to taxes for 2001 and uZbI yeam ad the gmator(s) does htx�y title to said land, and will dellmd the saw against lawful Claims of all persons whomsoever. in Witness wbereof,the grantor(:) h o set his hand and seal ;he day and year rust above written. Slgncd, wA "vend In our presetm. tttt Hichile Nusshorn BONNIBGA 1M..n M ACrMIa nlat""m101Fllleln L+ynn A. Mceall �atnoLL W%WW1RA � o. R UM 'M� 111" erne h FILED FOR RECORD witness: '. rxEtCtt:ti?,: ; COUN75 , t:: tin_ 3SMi MIS PP 2? 07 \vltrness L%bd x...n SNAON POSERTSON CLERK OF CIRCUIT COUR STATE OF CONNECTICUT* ) COUNTY OF itARTFORD ) sti. Bristol Swum to mid au is 23rd day of ltdl . 2001 by BONNIE GAYBOCtONOWSKI AND CORA RUTii BELL who ore pc9audly known to me or who dare produced ardriven; license as idem/irtcaittion. Okee-Tamie Thtle-Company, Im. Pr!'^n�rName: -Carol- B. Va8 li e JAMMUR1FnN NOTARY PUBLIC >w p ^ Abet ofnci Ilmt 1211 hlyConwission Eapim.: 7/31/D4 �;-...e.. f• ;. Okccdwbva. Fbrida 34973 : �. 0 • LOT i FIL SS ` 44' 4 ` E 157.52' ( F ) RBF 14i.501(P) LOT 7 ti o LOT 2 LU CD -JI o Ln .362 ACRES .J . LOT 8 U) o LOT 3 a 0 o ARAG Its 142.50'(P) RBF S89044' 55` E i57. 17' (F) LOT 4 L EL A ND D YakL S R. L. S. 20B4 304 S. W. 3rd Ave., Okeechobee. Fla. PHAW .... 76.9-4M - FAX.... 763-&"= RBF L'A 35' I o O CV Cu Ln g LI co Lo � I Q Z :- a o `� lCc o 0 o z ti I W o W Ln $ U BF Uj i 0 0 LD � o o � � 0 ` O � 1 o O O Z f 1 S. E. CORNER 35' L 0 T 6 BLOCK 3 RBF e LEGEND RBF - Rebar Found PBS - Rebar W/Cap Set 1PF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NA I L AND TAB FOUND (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (C) - Calculation NOTES: 1. Basis bearing THE CENTERLINE OF SOUTH NEST 2ND AVENUE 2. Bearings per PLAT 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per owner STREET ADDRESS: 804 S.M. 2ND AVENUE CERTIFIED TO: SUSAN SULL I VAN SURVEY OF. LOTS 2 AND 3, BLOCK 3. SOUTH OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY 1 HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOW HEREON WAS PREPARED UNDER MY D l RECT I ON AND SYPEfl N; - --*-- A -DYALS, RLS 2084 --- 11 r& FM JW21 co. a �t L-2e3 8-3, SOUTH OMDOU SUBDIVISION SMI-if SUSAN MM:. SULLIVAN "�: 50 50 /I 16 5 4 3 2 m Ln Q 236 U-) m N n3 321373500200238 OM N v v v 11 12 7 8 g 10 11 12 50 50 50 32137350020023700010 50 6 5 4 3 2 237 Q v a 7 8 9 10 11 12 50 50 50 50 50 0 0 0 0 6 M � N O M 2 1 6 5 CD 4 CD N Q3 2 1 8 �' Lc-)o 32137350040000300070 31373500200240000I0 M �. 321373500440D00300090 M LO 9 "' J W 112 N 3 7350020 239DOO g 1 107 ((�j *00400004ADDIG 1 12 10 2 LO 11 321373500400004 20 142.5 S. ,W. 7 iTH STREET 47. 5 47. 5 CD 2 �B 1 0 a4 3 2 CD m m 6 2 CD CD 5 32137350040000100030 CD cn 0 0 Q CD 3 C:3 CD L m M N N M M 142. 5 1CD 2 32137350040000200010 32137350040000200040 4 5 0 142. 5 6 LO S. 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W. 9 TH STREET 1 f w 7 1 7 1 w w a 8 2 w 8 2 w 6 2 w 6 5 4 2 f w 4 3 2 1 3 w 3 9 3 Q 9 3 a ` 4 5 4 Q 10 4 ii t0 4 z 10 4 11 5 s 5 i 11 5 12 c 2 ; 0 9 10 11 12 i 6 x 12 6 "' 12 6 2 6 v; 7 L'i N S. W. 10 TH STREET 7 1 7 1 7 1 7 1 S.W. 10 TH STREET B z e z e z e z 1 g 9 3 8 3 9 J I 4 3 2 2 10 4 10 4 10 4 IO 4 3 Y 11 5 11 5 11p II 5 O 4 12 6 12 6 12 6 12 6 5 S. W, 11 TH STREET © 1 7 1 7 f 7 I 8 2 8 1 2 8 2 O 3 9 12 3 9 3 9 1 3 B I 10 4 1 I1 2 3 5 4 ,1 I 124 12 6 2 S. W. 12 TH STREET cc ~ 1 3 7 1 7 I a �y 7 6 5 2 --//� 8 2 6 2 N 4 9 3 9 1 3 1 to 4 v 10 4 JI 5 33 O 5A 5 11 5 3c ,t 5 7 AG 32 1.2 AC 6 - 12 6 12 6 59 AC S W 13 TH STREET = 36 I 7 I 3 4 5 .34 AC 2 8 2 3 9 37 3 IT 34 210 10 4 43 AC 5 AC 1t 5 7 6 JB 27 AC 8 12 6 S. W. 14 TH STREET IB B L , , 1 1 , 1 4 3 g 2 p 2 2 S. W. 14 TH COURT 3 9 3 9 3 q f0 31 4 10 2 4 5 4 3 C 2 1 2 5 11 5 11 5 6 12 6 12 6 s W 15 TH STREET E 8 IA 1 2A 2 3A 3 4A 4 5A 5 BA 6 7A 7 BA 1 8 2� 7 1 5 2 9 3 10 27 4 It 5 7 1 8 2 10 4 II 5 Og 113 e 1 6 6 7 { 6 1 ---ll0 ° . 1375 Jackson ,keet, Suite 206 Fort Myers, FlWa 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning @ att.net Staff Report Rezoning Request Prepared for.- The City of Okeechobee Owner.- Susan Sevier -Sullivan Petition No. 06-008-R Staff Report Rezoning Request Applicant: Susan Sevier -Sullivan. Petition No. 06-008-R Owner/Applicant: Susan Sevier -Sullivan Owner/Applicant Address: 802 SW 3m Ave. Okeechobee, FL 34974 Applicant Phone Number: 863-467-5116 Contact Person Carmen Alexandra Sevier -Sullivan Future Land Use Map Classification Existing Single Family Proposed Commercial Zoning District RSF-1 CHV Use of Property Single Family Residence Business Office Acreage .48 .48 Legal Description: Lots 2 and 3, Block 3, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Request: The applicant is requesting that the zoning for the subject property be changed from RSF-1 to CHV to allow the property to be established as an office building. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: Public School East: Future Land Use Map Classification: Commercial Zoning District: RSF-1 Existing Land Use: Mixed Residential South: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land Use: Law Offices West: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: Single -Family Residence Staff Report Rezoning Request Applicarousan Sevier -Sullivan. Petition No. 06-008-R The subject property contains a residential structure. As stated earlier in this report, the applicant is requesting a rezoning to CHV. This will allow the applicant to operate an office at the property. The surrounding area contains a mixture of single- family and commercial uses. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CHV is not appropriate whereas CPO would be most suitable. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code. 3. The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest in the neighborhood but other uses in the CHV Zoning District might. A CPO Zoning District would be more compatible than CHV zoning. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the C14V Zoning District would adversely affect adjacent properties. 2 Staff Report Rezoning Request Applicant: Susan Sevier -Sullivan. Petition No. 06-008-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The office use can be suitably buffered from surrounding uses if necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning or substitute will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Summary and Conclusions Prior to Certification The applicant's request, if modified to CPO zoning, will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. I Recommendation Staff recommends denial of the request to allow rezoning from RSF-1 to Heavy Commercial (CHV) but recommends approval of a CPO Zoning District for this property. Submitted by: James G. LaRue, AICP Planning Consultant March 20, 2006 3 March 28, 2006- Planning Board - Page 6 of 9 IV. NEW BUSINESS CONTINUED. C. 40 ri U Rezoning Petition No. 06-007-R continued. Planning Staff Report Comprehensive Plan Analysis continued: (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed use will not constitute a grant of special privileges to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The proposed zoning would be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to CPO permitting the applicant to use the property as an office. There were no pubic comments, nor any discussion from the Board. Board Member McCoy moved to recommend to City Council to approve Rezoning Petition No. 06-007-R, to rezone the South one-half of Lot 5 and all of Lot 6 of Block 8, South Okeechobee, from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member Whidden. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. Rezoning Petition No. 06-008-R: Consider a recommendation to the City Council III Mr. LaRue briefly reviewed the Staff Report as follows: to rezone Lots 2 and 3 of Block 3, South Okeechobee, from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). The subject property is located at 804 Southwest 2nd Avenue. Susan Sevier -Sullivan is the property owner. Planning Staff Report Request: The applicant is requesting that the zoning for the subject property be changed from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) to allow the property to be established as an office building. IV. NEW BUSINESS CONTINUED. D. Rezoning Petition No. 06-008-R continued. March 28, 2006- Planning Board - Page 7 of 9 Planning Staff Report Summary: The subject property contains a residential structure. As stated earlier in this report, the applicant is requesting a rezoning to CHV. This will allow the applicant to operate an office at the property. The surrounding area contains a mixture of single-family and commercial uses. Planning Staff Report Comprehensive Plan Analysis : (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CHV is not appropriate whereas CPO would be most suitable. (2) The proposed use being applied for is authorized under the Zoning District in the Land Development Code. (3) An office use will not have an adverse effect on the public interest in the neighborhood but other uses in the CHV Zoning District might. A CPO Zoning District would be more compatible than CHV zoning. (4) The CHV zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CHV Zoning District would adversely affect adjacent properties. (6) The office use can be suitably buffered from surrounding uses if necessary. (7) The proposed zoning or substitute will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicant's request, if modified to CPO will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CHV but recommends approval of a CPO Zoning District for this property. March 28, 2006- Planning Board - Paee 8 of 9 IV. NEW BUSINESS CONTINUED. D. Rezoning Petition No. 06-008-R continued. • 0 Planning Staff Report Summary: The subject property contains a residential structure. As stated earlier in this report, the applicant is requesting a rezoning to CHV. This will allow the applicant to operate an office at the property. The surrounding area contains a mixture of single-family and commercial uses. Planning Staff Report Comprehensive Plan Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CHV is not appropriate whereas CPO would be most suitable. (2) The proposed use being applied for is authorized under the Zoning District in the Land Development Code. (3) An office use will not have an adverse effect on the public interest in the neighborhood but other uses in the CHV Zoning District might. A CPO Zoning District would be more compatible than CHV zoning. (4) The CHV zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CHV Zoning District would adversely affect adjacent properties. (6) The office use can be suitably buffered from surrounding uses if necessary. (7) The proposed zoning or substitute will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Mrs. Betty Clement, General Services Secretary, spoke on behalf of Ms. Sevier -Sullivan as she was ill and not able to attend, and informed the Planning Board that Ms. Sevier -Sullivan was in favor of the rezoning being changed to CPO. There was a brief discussion on this matter. Board Member McCoy moved to recommend to City Council to approve Rezoning Petition No. 06-008-R, to rezone Lots 2 and 3 of Block 3, South Okeechobee, from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member Whidden. IV. NEW BUSINESS CONTINUED. D. Rezoning Petition No. 06-008-R continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Melisa Eddings, Deputy Clerk March VOTE HOOVER - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA JOHNS - YEA MOTION CARRIED. 2006- Planning Board - Page 9 of 9 There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 9:15 p.m. ExnIBIT 10 APRIL 4, 2006 RESOLUTION NO. 06-04 A RESOLUTION AUTHORIZING SIGNING OF THE CITY OF OKEECHOBEE PUBLIC DEPOSITORS REPORT BY THE CITY ADMINISTRATOR, ACCOUNTS SUPERVISOR AND ACCOUNT CLERK FOR THE CITY OF OKEECHOBEE, FLORIDA. WHEREAS, the City of Okeechobee is required by law to file a Public Depositors Report with the Treasurer of the State of Florida; and WHEREAS, the Florida Administrative Code requires proof the individual executing the form(s) on behalf of the City of Okeechobee is duly authorized to execute form(s) on behalf of the City of Okeechobee; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: THAT Brian Whitehall, City Administrator; India Riedel, Accounts Supervisor and Donna Reynolds, Account Clerk, for the City of Okeechobee, is hereby authorized to sign the Public Depositors Report for the City of Okeechobee for submission of the report to the Treasurer of the State of Florida. INTRODUCED AND ADOPTED by the City of Okeechobee, this 4h day of April, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 March 14, 2006 - CEB Regular Meeting - Page 2 of 4 c0 � O AGENDA N m REQUEST FOR THE ADDMON, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. #05-247 Glowacki Family Ch 30 Sec 3043 Public Enterprises Nuisances NW 9 h Street & 8 h Ave. #05-217 Geraldine Bertram Ch 30 Sec 30-35 Containers 902 NW` 101h Street required for trash & Sec 3 0-3 6 40 Dumping, depositing, leaving on or near street. CODE BOARD ACTION Code Officer Hancock requested the withdrawal of Case #05-279 Anita Leverett from today's agenda. Code Officer Hancock stated notice of violation had been received September 27, 2005 and Code Officer Sterling had made contact but nothing had been done to bring the property into compliance. Member Montesi moved to find Case #05-247 Glowacki Family Enterprises in violation of Sec 30-43 Public nuisances and given ten days from receipt of notice to comply after that time a fine of two -hundred dollars per day would be imposed if property is not in compliance; seconded by Member Revels. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried. Code Officer Hancock informed the board Case #05-217 is currently being fined ten dollars per day and the fine has accrued ninety days. Member Gamiotea moved Case 905-217 Geraldine Bertram had been under a fine for more than ninety days and to recommend City Council begin foreclosure proceedings; seconded by Member Irby. Worley -Yes Gamiotea - Yes Castorina. - Yes Irby - Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried. R- • C��l`%erta,( �Vl-Mrrx��n�iS�1";b�fed' Case # 05-217 Bertram 902 NW 10 Street 06/27/05 — Wrote notice of violation, 05-117 code 30-35 (c) All apartments 4 units or more require a commercial garbage container. 06/29/05 — Hand delivered Notice of Violation. Signed by Ms. Bertram 07/17/05 — Inspected property, not in compliance. 08/08/05 — Inspected property, not in compliance. Photographed property. 08/16/05 — Hand delivered Notice of Hearing. Signed by Tammy Thomas. 08/24/05 — Inspected property, not in compliance. Photographed property. 09/06/05 — Closed case # 05-117, property listed as 3 duplexes not 1 apartment. Wrote new violation # 05-217. 09/08/05 — Hand delivered Notice of Violation. Signed by Kim Fralix, advised that trash containers were needed on property. 09/19/05 — Inspected property, not in compliance. 09/28/05 — Inspected property, not in compliance. 10/17/05 — Inspected property, not in compliance. 16, 1 � 0 0 0 *S�rlbgkd& ma-611� 10/20/05 — Hand delivered Notice of Hearing. Signed by Ms Bertram. Ms Bertram stated that Waste Management would not provide waste containers. Spoke to Waste Management, they stated that until the property paid their bill no containers would be provided. Waste Management did say that they would continue to pick up garbage at that location. 11/08/05 — Photographed property for Code Board hearing. 11/08/05 — Code Board found property in violation of code 30- 35, garbage containers and 30-36 dumping, leaving on or near street. If violation not corrected in 14 days, a fine of $10.00 a day would be assessed. 11/21/05 — Hand delivered Code Board order. Signed by Ms. Bertram. 12/06/05 — Inspected property, not in compliance. Took photographs. Fine started this date. 01/04/06 — Inspected property, not in compliance. Celeste Watford - Okeechobee County Tax Collector Page 1 of 1 "-- ,d Q � Vy) ep+ HOME PAGE ( PROPERTY SEARCH ( ONLINE FORMS I GLOSSARY I HELPFUL LINKS I CONTACT Okeechobee County Website New Search I Return To Search Re NOTICE OF AD VALOREM TAXES & NON -AD VALOREM ASSESSMENTS BILL # R 3027800 2005 Real Estate TAX/NOTICE RECEIPT FOR OKEECHOBEE COUNTY PROPERTY # R 3-15-37-35-0010-00250-0230 IF PAID IN TOTAL DUE MAR1-MAR31 APR01-APR19 APR20-MAY30 MA) 4, 920.26 5,067.87 5,068.68 5,33 AD VALOREM TAXES TAXING AUTHORITY MILLAGE RATE TAX AMOUNT SCHOOL-RLE .00519500 $905.88 COUNTY .00710000 $1,238.07 CITY-OKEECHOBEE .00718990 $1,253.75 SOUTH FL. WAT MGMNT .00069700 $121.54 SCHOOL -DISC .00276000 $481.28 COUNTY BOND .00027500 $47.95 CHILDRENS COUNCIL .00028000 $48.83 TOTAL AD -VALOREM: $4,097.30 NON -AD VALOREM ASSESSMENTS TAXING AUTHORITY TAX AMOUNT Asmt - Y CGAR $822.96 TOTAL NON -AD VALOREM: $822.96 COMBINED TAXES & ASMTS: $4,920.26 UNPAID BALANCE: $4,920.26 Exemptions: NONE Property Address: 902 NW LOTH ST ALDRIDGE ZOLLIE 8r BERTRAM GERA 904 SW 6TH AVE OKEECHOBEE, FL 34974 .68 ACRES CITY OF OKEECHOBEE LOTS 23 24 25 26 BLOCK 25 FAIR MKT VALUE $174,376.00 DIST ASSESS $174,376.00 EXEMPT VALUI TAXABLE VALUE $174,376.00 QPM this M Deiinnuent Tax Histnry Year Roll Bill # Outstanding Tax Accrued Penalties Total Due F 2004 R 2993900-I 4,694.62 234.42 4,929.04 1 2003 R Z951800-1 4,228.60 580.57 4,809.17 2 2002 R 2941800-1 3,932.32 722.79 4,655.11 3 Total Due $14,393.32 Vkual Oai_VisualGov.corn Copyright ©1999-2005 VisualGov Solutions, LLC and —4116 D&T Ventures All rights resery All Rights Reserved. I Privacy Policy http://Www.okeechobeecountytaxcollector.com/TaxBill.aspx?TaxBillNo=3027800&TaxY... 3/22/2006 Wit"- Pin Alft— M- --- IMG 0009 2.JPG 8/8/2-005 9-:59:45 AM J • • *"(, c u j(C Case #05-217 Bertram 902 NW 10 St. 8/24/2005 9:58:58 AM • • Case #05-217 •, Bertram 902 NW 10 St. 11 /8/2005 1 n- 1 q• .oin A nn Case# 05-2170 Bertram 902 NW 10 St. Case # 05-21 Bertram 902 NW 10 St. " 4/4/2006 10:25:34 AM E t 4 RANKING SHEET FOR COMMUNITY DEVEL BLOCK GRANT (CDBG) GRANT ADMINISTRATION PROPOSALS ECONOMIC DEVELOPMENT City of Okeechobee Ranking performed: March 24, 2006 RANKING CRITERIA MAX POINTS Gardian Co Res Mana ement Nancy Phillips & Assoc Lane Robin Brian Lane I Robin Brian Experience Administering CDBG Grants 20 1 20 20 20 20 20 20 Availability/Management of Staff Involved with Project 15 12 13 13 15 15 15 Commence Services/Complete Services within Time 20 20 20 20 20 20 20 Past References with Local Governments 20 20 20 20 20 20 20 Familiarity with State and Federal CDBG Regulations 10 8 7 7 10 10 10 Fee 10 10 10 10 8 8 9 Minority/Women Owned Business Enterprise 5 5 5 5 5 5 5 Total points 100 95 95 95 98 981 99 Final Score: Guarding Community Resource Management, Inc P0Box 2183 Plant City FL 33564 Nancy Phillips & Associates 7408 Edisto Dr Lake Worth FL 33467 average score: 95 average score: 98.3