The URL can be used to link to this page

2019-04-18CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR APRIL 18, 2019 AGENDA . CALL TO ORDER — Chairperson. Regular Meeting, April 18, 2019, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Rick Chartier Alternate Board Member Felix Granados Board Attorney John R. Cook City Planning Consultant Ben Smith Board Secretary Patty Burnette IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 17, 2019, regular meeting. PAGE 1 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover called the April 18, 2019, regular meeting to order at 6:03 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Present Absent (with consent) Present Absent Present Present (moved to voting position) Present (moved to voting position) Present (exited Chambers at 6:37 p.m.) Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Brass moved to dispense with the reading and approve the Summary of Board Action for the January 17, 2019, regular meeting; seconded by Member McCreary. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN- ABSENT BRASS - YEA JONASSAINT - ABSENT MCCREARY - YEA CHARTIER- YEA GRANADOS - YEA MOTION CARRIED. 203 204 AGENDA VI. OPEN PUBLIC HEARING — Chairperson. QUASI-JUDICIAL ITEM: A. Rezoning Petition No. 19-002-R, from Light Commercial to Heavy Commercial for Lots 7 to 12 of Block 116, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.50± acres, located at 701 Northeast 3rd Street, for the proposed future use of a recreational vehicle park (Exhibit 1). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 19-002-R will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending denial. 3. Hear from the Property Owner or Designee/Agent - Anita Nunez, Property Owner for Anita's Rental Properties, Inc. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. APRIL 18, 2019 - PLANNING BOARD - PAGE 2 OF 6 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. Rezoning Petition No. 19-002-R is being requested by Anita Nunez as the Property Owner of Anita's Rental Properties, Inc. to rezone from Light Commercial (CLT) to Heavy Commercial (CHV) on 1.50± acres located at 701 Northeast 3rd Street, for the proposed future use of a recreational vehicle (RV) park. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Mrs. Anita Nunez, 2085 Southeast 4th Street, Okeechobee, Florida, and Mr. Chris Luckey, 107 Northeast 8th Avenue, Okeechobee, Florida. Planner Smith reviewed the Planning Staff Report stating he finds the Application to be inappropriate for the subject property, incompatible with adjacent land uses, and contrary to the established and desired land use patterns. He is recommending denial to change the zoning to CHV for the 1.50 acre piece of property. Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Anita Nunez was in attendance and available for questions. Member Granados inquired as to whether a traffic study had been done yet. Mrs. Nunez commented they are not to that point yet. She is still doing a study to see if it is possible to do an RV park or not. She would like to have a small park at this location because it would be on the water. She did not quite understand the Planner's comments about not being compatible with surrounding uses because there are commercial uses in the area. There is a taxidermy to the north and offices and a restaurant further south. Further to the northwest, there are also commercial uses. Yes there is residential but a lot of commercial as well and isn't this supposed to be the commercial area. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. Chris Luckey, spoke against the proposed rezoning. He is a homeowner in River Run mobile home park located to the east of the proposed location and across Taylor Creek. He stated he is in agreement with the findings of the Planner with the exception of the comments made regarding no traffic congestion or affect public safety. His main concerns were future property values, increased noise levels at various hours, increased area traffic and a general concern or the eco system of Taylor Creek. He as well as four other homeowners of River Run, Ms. Rebecca Mully, Mr. James Howard, Mr. Peter Mechel, and Mr. Richard Verrochi, signed a letter stating these above concerns. In addition, Ms. Pedie Dickerhoof, 212 Northeast 8th Avenue, shared these concerns as well as comments regarding turning onto and leaving from the side road onto North Park Street/State Road 70 (SR70) which would be difficult for many RV owners. Turning left, heading east will require blocking traffic heading west until it is all clear to proceed. Turning right, heading west will require a very difficult turn across both lanes, and for some running over the curb, and possibly striking the fire hydrant placed on the corner. These comments were added to an email received by Secretary Burnette that she read into the record along with comments received from Ms. Kelly Mammarelli, 114 Northeast 8th Avenue, who is in favor of the rezoning, believing Mrs. Nunez will take care of the property and Ms. Marian Brewer, 201 Northeast 8th Avenue, whose AGENDA VI. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. A. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 19-002-R continued. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a recommendation to the City Council to approve or deny Petition No. 19-002-R. APRIL 18, 2019 - PLANNING BOARD - PAGE 3 OF 6 205 ACTION - DISCUSSION - VOTE position is in the middle as she doesn't want to see Taylor Creek polluted anymore but knows Mrs. Nunez has very clean businesses and that her properties look better than some properties in River Run. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to 31 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. Member McCoy disclosed he had spoken to County Environmental Health Director, Victor Faconti. Planning Staffs findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV, which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the Future Land Use Map (FLUM). The Applicant is proposing that the desired use for this property is a RV park. That use is not listed as a permitted use in the CHV district, but is listed as a Special Exception Use. The Applicant has stated that a special exception petition will be submitted should this rezoning request be approved. Depending on the location, an RV park can have an adverse effect on the public interest. RV parks provide allotted spaces where patrons can stay overnight or up to six months. A maximum of 21 RV Tots could be proposed for the Applicants' subject parcel. The subject property is located in an existing single family neighborhood therefore, allowing for this many temporary dwelling units could have an adverse impact. Should the proposed rezoning be approved to CHV, and the applicant's intended use change, many of the other permitted uses allowed by right in this zoning district could have adverse impacts, including significant increases in vehicle trips and noise. Most of the uses would not be appropriate for the surrounding neighborhood. The current zoning of the subject parcel provides the best compatibility with the directly adjacent parcels which are all zoned CLT. Planning Staff does acknowledge there are properties with the CHV zoning to the south of the subject property. Those properties are generally the outermost extent of the Park Street commercial corridor; and historically, it has been the goal of the City to limit the CHV corridor to properties that are within a couple of blocks of North Park Street/SR70 and Parrott Avenue/US Highway 441(Hwy 441). The property to the immediate north of the subject property is designated Commercial on the FLUM and zoned CLT with the use being a taxidermy, wholesale and a single family residence. The property to the east is Taylor Creek. The property to the south is designated Commercial on the FLUM and zoned CLT and CHV with the use being that of a parking lot for a restaurant other commercial businesses. The property to the west is designated Commercial on the FLUM and zoned CLT and is currently vacant. It is likely that increasing the intensity of the subject property by allowing an RV park would affect property values of other nearby parcels. Significant landscaping would be required in order to buffer the effect of reducing the potential impacts of an RV park and no amount of landscaping or buffering will negate the effects of increased vehicle trips that will be generated. The proposed use could create a density pattern that would overburden public facilities or create an inappropriate density pattern in the area should the heavy commercial corridor continually be allowed to expand. Without a proposed site plan or traffic impact study, it is difficult to know the effect the Applicant's proposed use would have on traffic congestion. However, the Institute of Transportation 20 APRIL 18, 2019 - PLANNING BOARD - PAGE 4 OF 6 AGENDA ACTION - DISCUSSION -VOTE VI. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. A. 6. a) Consider a recommendation to the City Council to approve or deny Engineers (ITE) Manual trip generation rates for an RV park suggests that approximately 108 vehicle trips per Petition No. 19-002-R continued. weekday would be generated for a 1.50 acre RV park. The proposed use has not been inordinately burdened by any unnecessary restrictions. Motion and a second offered by Members McCreary and Brass to recommend denial to the City Council for Rezoning Petition No. 19-002-R, from CLT to CHV for Lots 7 to 12 of Block 116, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.50± acres, located at 701 Northeast 3rd Street, for the proposed future use of a RV park. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HOOVER — YEA MCCOY — YEA BATTON — No BAUGHMAN— ABSENT BRASS — YEA JONASSAINT — ABSENT MCCREARY — YEA CHARTIER— YEA GRANADOS — YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for May 21, 2019, 6:00 P.M. B. Rezoning Petition No. 19-003-R, from Commercial Professional Office to Rezoning Petition No. 19-003-R is being requested by Bill Royce, on behalf of Property Owner, Okeechobee County Public Facilities (Use) for the North 93 feet of Lots 1 to 6 of Block 107, to rezone from Commercial Professional Office (CPO) to Public Facilities (Use) on 0.64± acres located at 403 OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee Northwest 2nd Avenue, for the proposed use of a government office building. County, 0.64± acres, located at 403 Northwest 2nd Avenue, for the proposed use of a government office building (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer 19-003-R will be required to take an oath, respond, and give your full name testimony, all responded affirmatively, and stated their names and addresses for the record: Mr. Bill Royce, 304 and address) — Board Secretary. Northwest 2nd Street, Okeechobee, Florida. 2. Review Planning Staff Report — recommending approval. Planner Smith reviewed the Planning Staff Report stating he finds the Application to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. He is recommending approval to change the zoning to Public Use (PUB) for the 0.64 acre piece of property. AGENDA VI. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. B. 3. Hear from the Property Owner or Designee/Agent - Bill Royce, on behalf of Property Owner, Okeechobee County. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a recommendation to the City Council to approve or deny Petition No. 19-003-R. APRILI8, 2019 - PLANNING BOARD - PAGE 5 OF 6 207 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Bill Royce was in attendance and available for questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, three signs were posted on the subject property and courtesy notices were mailed to 20 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. Member Chartier will abstain from voting due to a conflict of interest that could cause a special gain or loss for his spouse, Robbie Chartier, County Administrator, who has authorized Mr. Royce to submit Petition No. 19-003-R. Planning Staffs findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The subject property is designated Public Facilities on the FLUM. The request involves a zoning change to PUB, which is the only zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Public Facilities on the FLUM. Public Facilities and uses are the only permitted uses in the PUB zoning district. The Applicant is proposing to locate a new building for use by the County Property Appraiser, Tax Collector and Driver's License offices, which are all public uses. The proposed use will not have an adverse effect on the public interest. The requested PUB Zoning is the most appropriate for the subject property and the proposed change will be compatible with the surrounding uses which are predominantly professional offices and commercial. The peak use times for the adjacent church are weekends, presumably when this proposed government facility would be closed. The property to the immediate north of the subject property is designated Commercial on the FLUM and zoned CPO with the use being professional offices. The property to the east is designated Commercial on the FLUM and zoned CHV with the use being retail and office. The property to the south is designated Commercial on the FLUM and zoned CPO with the use being that of a parking lot for a church. The property to the west is designated Commercial and Single Family Residential on the FLUM and zoned CPO with the use being that of offices and a single family residence. The proposed use would not be expected to adversely affect property values or living conditions on adjacent or nearby properties. The new development will meet the minimum setback and landscape buffer standards. The proposed use will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in -the -area. Any new construction will be required to meet the storm water management standards and government offices should not create any threats to public safety. The proposed use has not been inordinately burdened by any unnecessary restrictions. Motion and a second offered by Members Brass and McCreary to recommend approval to the City Council for Rezoning Petition No. 19-003-R, from CPO to PUB for the North 93 feet of Lots 1 to 6 of Block 107, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 0.64± acres, located at 403 Northwest 2nd Avenue, for the proposed use of a government office building. 208 AGENDA VI. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. B. 6. b) Board Discussion forPetition No. 19-003-R. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official -cogds. ATTEST: Patty M. Burnette, Secretary over, Chairperson Op.e rsc>1 APRIL 18, 2019 - PLANNING BOARD - PAGE 6 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER — YEA MCCOY — YEA BATTON — YEA BAUGHMAN— ABSENT BRASS — YEA JONASSAINT — ABSENT MCCREARY — YEA CHARTIER—ABSTAIN• GRANADOS — YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for May 21, 2019, 6:00 P.M. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:42 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:42 p.m. ♦Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was filed by Member Chartier on April 18, 2019, and made a part of the official record filed in the permanent Minute file for this meeting. -14 Page 1 of City of Okeechobee Planning Board City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes April 18, 2019 I. Call To Order - Chairperson: Chair Hoover called the April 18, 2019, Regular Meeting to order at II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. 6:03 p.m. t.� IV. Agenda - Chairperson. A. Chair i asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the January 17, 2019, regular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover Vice Chairperson McCoy Board Member Batton Board Member Baughman 1 Board Member Brass ,„ Board Member Jonassaint v` Board Member McCreary `/ Alternate Board Member Chartier Moved it) Vofinq Alternate Board Member Granados moved -to vottn' ;/ Planning Consultant Smith v Board Attorney Cook IPf�t-ehambe.rse. �; 3110,, i, --- Board Secretary Burnette ✓ t.� IV. Agenda - Chairperson. A. Chair i asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the January 17, 2019, regular meeting; seconded by Board Member Discussion: 11120121T --Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY CHARTIER 'f GRANADOS RFSULTS• /EARRIFD ) DFNIFD I VI. CHAIR OPENED THE PUBLIC HEARING AT C0+.05 P.M. QUASI-JUDICIAL ITEM A. Rezoning Petition No. 19-002-R, from Light Commercial to Heavy Commercial for Lots 7 to 12 of Block 116, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.50± acres located at 701 Northeast 3rd Street, for the proposed future use of a recreational vehicle park (Exhibit 1). 1 . Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. /\ r a ►yu z:.. Chr,s LI MRey 2. Review Planning Staff Report - recommending denial. - ,evtea'd IPiannlnl S Pi/ pat reetwnrriencEs, thoted 067-, 1 he Otfy q }LC_f e rs 4 ?if rL VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. C' on ('2 auk a b v u. f a Li' p0 (P 1 bt miss back hrzr'e. slica tcfi. 'h e, }6w � �� a� 11. vx (Ivo bee��. ,�� -�► n a trr rt ucos o pp f i-ibovQr — h1 e v'00.,r1 - 1412611-4—Page 3 of 3. Hear from the Property Owner or p y �� f Cldesignee/agent g - Anita Nunez, Property Owner for Anita's Rental Properties, Inc. iiSi1C C anis -i"D C Ct°';)1 "L. u1)cL(rs1r i9i/e f cS Open n ,t� Q re a._ __ b y (,J,t c� (,) v is e �� L f n t c.k. �(-Glu f rana..e.ks — has a ,1-1 a` 4 rc s b n (L5 _ ( ' d'),nog -I-0 pp Lill yk 4 VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 41=41 Page 5 of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. -37---tit11rTamments-er-questions from -those -in attendance, or -submitted to the Board Secretary 4. Public comment or questions from those in attendance, or submitted to the Board Secretary. 0 ri s it( 0 (a..1.1 _ (0 9 1,1E- PL*P rel aretk r3 a_c 0_t OE 4 ev'R v Pste tc 00 bt)2, fg ,,,4 rt,L.cf tin+. nnore. 44 / 0 .'ut-e irt in( I.))1 -tin It -tik i cod tr., 1 0i',..) if g ye,:,)t-tcivi-s _p,r,,,,,_4 «n 0151.S I Ci ret.1.1 LA.tc tut( 'RP Lterct... 6.-, 33 (1 i-ftw&;({ .,.. he. .11) ryQohl 01-d IAS- IktLit- li •a rt \ rr a vett_ i. € 1 ,..... V `‘ a r to:. Pe.di; Dicluf-hoi)-12 LJkQ r-(oveL cucicul oie level: /1 6 ) 000V f, r i"O VS' 14 Pc1-1',h 0:1t. '4-- ha:4 )01 13 L i' -e! a (060 -1 A 6 4-1-1..pir h 5(f.tot L.,;0 e 0A-1 ire ed, image 6 of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 31 S P0 v1 Orl CIL d sans posCee- 5. Disclosure of Ex -Parte Communications by the Board. ��t'�� 1lieh�C�conft �e oy_ Spa C' 1Q�I6 1 1��,�rfir; :. . P�o •rr.e jfcbc-1 1 0 1M1..Page 7 of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. a) Consideration of a recommendation to the City Council to approve or deny petition with/without special conditions. Motion and a second offered by MI (1r '' 'f and to recommend approval Qenial to the City Council for Rezoning Petition No. 19-002-R, from Light Commercial to Heavy Commercial for Lots 7 to 12 o Block 116, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.50± acres located at 701 Northeast 3rd Street, for the proposed future use of a recreational vehicle park. b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY ✓J CHARTIER GRANADOS RFSIJI TS• �V CARRIFD 1 DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively May 21, 2019, 6 pm. B. Rezoning Petition No. 19-003-R, from Commercial Professional Office to Public Facilities (Use) for the North 93 feet of Lots 1 to 6 of Block 107, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 0.64± acres, located at 403 Northwest 2nd Avenue, for the proposed use of a government office building (Exhibit 2). 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. h',I k f oyce) 1112FiT-Page 8 of i VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 2. Review Planning Staff Report - recommending approval. an reviewed- apprt vaj 3. Hear from the Property Owner or designee/agent - Bill Royce, on behalf of Property Owner, Okeechobee County. 40ae 1 -'I!44 -Page 9 of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3 c i ris po stEd ao s PO oa11cff3 o^ o th? 5. Disclosure of Ex -Parte Communications by the Board. 0►Nvp- �j ChcrhPr 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Motion and a second offered by I and MC Net,rr l to recommend4_3i-oval/denial to the City Council for Rezoning Petition No. 19-003-R, from Commercial Professional Office to Public Facilities (Use) for the North 93 feet of Lots 1 to 6 of Block 107, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 0.64± acres, located at 403 Northwest 2nd Avenue, for the proposed use of a government office building. b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER `. McCOY V BATTON / ✓ BAUGHMAN BRASS V` JONASSAINT McCREARY \: CHARTIER 4/ GRANADOS v� RFSIJI TS• iCARRIFD\ DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively May 21, 2019, 6 pm. t1/20/Pr-Rage 10 of CHAIR 140o✓2( CLOSED THE PUBLIC HEARING AT (ILO P.M. VIII. ADJOURN - Chairperson. Dear Ms. Burnette, As a homeowner in River Run, I would like to express that I am adamantly against the rezoning request for 701 NE 3rd Street. After reading the staff report from the Sr. Planner, Mr. Ben Smith, I am in agreement with his findings with the exception of the "no traffic congestion or affect public safety". My main concerns are (in part) as follows: Future property values, increased noise levels at various hours, increased area traffic, and a general concern for the eco system of Taylor Creek. Thank you for taking the time to review my concerns! Respectfully submi J d, andm .-&cJ.?-() 10 9 (IL 2 0/62_e_ el/09-o, /F0 -- a �e ae ve cL L+-i�—cq t U % 1 tuts_, Dear Ms. Burnette, As a homeowner in River Run, I would like to express that I am adamantly against the rezoning request for 701 NE 3rd Street. After reading the staff report from the Sr. Planner, Mr. Ben Smith, I am in agreement with his findings with the exception of the "no traffic congestion or affect public safety". My main concerns are (in part) as follows: Future property values, increased noise levels at various hours, increased area traffic, and a general concern for the eco system of Taylor Creek. Thank you for taking the time to review my concerns! Respectfully submitted, goci cJ Dear Ms. Burnette, As a homeowner in River Run, I would like to express that I am adamantly against the rezoning request for 701 NE 3`d Street. After reading the staff report from the Sr. Planner, Mr. Ben Smith, I am in agreement with his findings with the exception of the "no traffic congestion or affect public safety". My main concerns are (in part) as follows: Future property values, increased noise levels at various hours, increased area traffic, and a general concern for the eco system of Taylor Creek. Thank you for taking the time to review my concerns! Respectfully submitted, 6 /cece-46,b F7, Dear Ms. Burnette, As a homeowner in River Run, I would like to express that I am adamantly against the rezoning request for 701 NE 3rd Street. After reading the staff report from the Sr. Planner, Mr. Ben Smith, I am in agreement with his fmdings with the exception of the "no traffic congestion or affect public safety". My main concerns are (in part) as follows: Future property values, increased noise levels at various hours, increased area traffic, and a general concern for the eco system of Taylor Creek. Thank you for taking the time to review my concerns! Respectfully submitted, p6-1-ev 11/4-� v�(r=Fc6-6Q1'�js�s �G �/7Z. Dear Ms. Burnette, As a homeowner in River Run, I would like to express that I am adamantly against the rezoning request for 701 NE 3rd Street. After reading the staff report from the Sr. Planner, Mr. Ben Smith, I am in agreement with his findings with the exception of the "no traffic congestion or affect public safety". My main concerns are (in part) as follows: Future property values, increased noise levels at various hours, increased area traffic, and a general concern for the eco system of Taylor Creek. Thank you for taking the time to review my concerns! AirRespe sub s fitted, o � '� '3 y 9 72.., Patty Burnette From: Jack Dickerhoof <jackdickerhoof5l@gmail.com> Sent: Tuesday, April 16, 2019 12:06 PM To: Patty Burnette Subject: Rezoning Petition No. 19-002--R for 701 NE 3rd Street Dear Ms. Burnette, As a homeowner in River Run, I would like to express that I am adamantly against the rezoning request for 701 NE 3rd Street. After reading the staff report from the Sr. Planner, Mr. Ben Smith, I am in agreement with his findings with the exception of the "no traffic congestion or affect public safety". Turing onto and leaving from the side road onto SR.70,will be difficult for many ry owners. Turning left (heading east) will require blocking traffic heading west until it is all clear to proceed. Turning right (heading west) will require a very difficult turn across both lanes (and for some) running over the curb, and possibly striking the fire hydrant placed on the corner. My main concerns are (in part) as follows: Future property values, increased noise levels at various hours, increased area traffic, and a general concern for the eco system of Taylor Creek. Thank you for taking the time to review my concerns! Respectfully submitted, Pedie Dickerhoof 212 NE 8th Ave. Okeechobee, Florida 34972 1 Ap,li /7 r. Q1Q I� e l ly IVat nttz re l / i fiLi. NG- 84" A -vi She is in favor of Vis nezoruh3 -Be <<eves Ms Num z_ W L t I -take c axe. o f faP�° m,3 tvl a +z curt -Ebre w -ems' a o 1 146 64-i- tk-vc__ F4er pD6,:I7o i 1;i; , ,u La 1,-) 44.1e nit (.tie( k_ , Down -i- man -i-o See 1/41 -he CreeK Pol(urged &1y}nbr& ,bu.-E- Knows Ms. l'.k .nez has ve,r-Y ate ay, loan ,,„es. p ro perrteS 1 o K_ 6e+kr- q.,harl .56 enc. prof-e,--/-l-Ls do Iwve_r F 1..n• r Planning Board Meeting April 18, 2019 Name Address IU lithe --L- LC11-4 ` OW St- S4- t 01/14-k— kr( s L fekeii , /17 7 , /.2- 'u(-( )'14 P. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR JANUARY 17, 2019 PAGE1 OF12 AGENDA ACTION • DISCUSSION VOTE I. CALL TO ORDER — Chairperson. Regular Meeting, January 17, 2019, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Board Attomey John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON — Attorney Cook. A. 1. Open the floor to receive nominations for a chairperson to serve a two-year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Chairperson. b) Vote on motion. Chairperson Hoover called the January 17, 2019, regular meeting to order at 6:03 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Absent (entered chambers at 6:05) Present Present Present Present Present Present Present Present (Ms. Dunham, General Services Secretary, in attendance as well) Chairperson Hoover opened the floor to receive nominations for Chairperson. Members McCreary and Jonassaint nominated Dawn Hoover to continue to serve as Chairperson. No other nominations were offered. Chairperson Hoover closed the floor for nominations. Member Baughman made a motion to appoint Member Hoover to serve as Chairperson for a two year term, beginning January 17, 2019; seconded by Member Jonassaint. There was no discussion on this item. VOTE HOOVER -YEA MCCOY-ABSENT BATTON-YEA BAUGHMAN-YEA BRASS -YEA JONASSAINT-YEA MCCREARY-YEA MOTION CARRIED. AGENDA IV. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONTINUED. B. 1. Open the floor to receive nominations for a Vice Chairperson to serve a two-year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Vice Chairperson. b) Vote on motion. V. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. VI. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the December 20, 2018, regular meeting. VII. OPEN PUBLIC HEARING — Chairperson. A. Abandonment of Right -of -Way Petition No. 19 -001 -AC, 15 -foot wide East to West alleyway between Lots 1 to 6 and 7 to 12 of Block 156, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 0.09± acres (Exhibit 1) JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 2 OF 12 ACTION - DISCUSSION - VOTE Chairperson Hoover opened the floor to receive nominations for Vice Chairperson. Member McCreary nominated Doug McCoy to continue to serve as Vice Chairperson. No other nominations were offered. Chairperson Hoover closed the floor for nominations. Member Baughman made a motion to appoint Member McCoy to serve as Vice Chairperson for a two year term, beginning January 17, 2019; seconded by Member Brass. There was no discussion on this item. VOTE HOOVER — YEA JONASSAINT — YEA MCCOY — YEA MCCREARY — YEA Chairperson Hoover congratulated Mr. McCoy. BATTON — YEA BAUGHMAN — YEA BRASS — YEA MOTION CARRIED. Chairperson Hoover asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. Hear Quasi -Judicial Public Hearing Item "D" before Item "C" as the Applicants for Wawa have been present since attending the Technical Review Committee Meeting this morning. There are no objections from the Applicants for Item "C". Member Brass moved to dispense with the reading and approve the Summary of Board Action for the December 20, 2018, regular meeting; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER — YEA JONASSAINT — YEA MCCOY — YEA MCCREARY — YEA BATTON — YEA BAUGHMAN — YEA BRASS — YEA MOTION CARRIED. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:07 P.M. Abandonment of Right -of -Way Petition No. 19 -001 -AC, requests to vacate the 15 -foot wide East to West alleyway between Lots 1 to 6 and 7 to 12 of Block 156, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing 0.09± acres. AGENDA JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 3 OF 12 ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING ITEM CONTINUED. A. 1. Review TRC Recommendation for Petition No. 19 -001 -AC. • 2. Hear from the Property Owner or Designee/Agent - Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave. Holdings, LLC, 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Petition No. 19-001-R. Chairperson Hoover yielded the floor to Planner Brisson, who explained the Applicant, Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave Holdings, LLC, are requesting to abandon the alleyway. Lots 1 to 4 of Block 156 are owned by 205 N. Parrot Ave Holdings, LLC, Lots 5 to 10 are owned by JMass Management, LLC, and Lots 11 and 12 are owned by David R. Watford. All the adjoining property owners have no objection to vacating the Alleyway and are currently in negotiations to sell Lots 1 to 4 and 7 to 12. The Petition was reviewed this morning at the January 17, 2019, Technical Review Committee Meeting, and a recommendation was made for approval. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Commercial on the Future Land Use Map (FLUM) and Central Business District (CBD) on the Zoning Map. The alley is not the sole means of access to any property. The two adjoining properties to the north are provided access via either Northwest 3rd Avenue or Northwest 2nd Street. The abandonment is in the public interest and provides a benefit to the City as it will provide redevelopment of an underutilized centrally located property within the downtown area to a more economically viable use resulting in an increase in taxable property values. Finally, there will need to be easements reserved for the Okeechobee Utility Authority (OUA), Florida Power and Light, Comcast, and a proposed Florida Public Utility easement. Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., was in attendance on behalf of the Property Owners and available for questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, four signs were posted on the subject property and courtesy notices were mailed to eight surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and Batton to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 19 -001 -AC, to abandon the 15 -foot wide East to West alleyway between Lots 1 to 6 and 7 to 12 of Block 156, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing 0.09± acres. JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 4 OF 12 AGENDA ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING ITEM CONTINUED. 5. b) Board discussion for Petition No. 19 -001 -AC. c) Vote on motion. QUASI-JUDICIAL ITEM: B. Rezoning Petition No. 19-001-R, from Commercial Business District to Heavy Commercial for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, 1.63± acres, located in the 200 Block of Northwest Park Street, for the proposed use of a convenience store with fuel pumps (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 19-001-R will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending approval. 3. Hear from the Property Owner or Designee/Agent - Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave. Holdings, LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. Chairperson Hoover asked whether there was any further.discussion. There was none. VOTE HOOVER — YEA MCCoY—YEA JONASSAINT — YEA MCCREARY — YEA BATTON — YEA BAUGHMAN — YEA BRASS — YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for February 19, 2019, 6:00 P.M. Rezoning Petition No. 19-001-R is being requested by the Applicant, Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave Holdings, LLC, to rezone from CBD to Heavy Commercial (CHV) on 1.63± acres located in the 200 Block of West North Park Street, for the proposed use of a convenience store with fuel pumps. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Shaun MacKenzie, 1172 Southwest 30th Street, Palm City, Florida, Mr. Steve Lipofsky, 2655 North Ocean Drive, Singer Island, Florida, Mr. Robert Grassman, 7022 Tic Drive, Orlando, Florida, and Mr. Marcos Montes De Oca, City Administrator for the City of Okeechobee, Florida. Planner Brisson reviewed the Planning Staff Report stating he finds the Application to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. He is recommending approval to change the zoning to CHV for the 1.72 acre piece of property. Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., was in attendance on behalf of the Property Owners and available for questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, four signs were posted on the subject property and courtesy notices were mailed to eight surrounding property owners. AGENDA VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a recommendation to the City Council to approve or deny Petition No. 19-001-R. JANUARYI7, 2019 - PLANNING BOARDIBOARD OF ADJUSTMENT - PAGE 5 OF 12 ACTION -DISCUSSION -VOTE Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Planning Staffs findings are as follows: The proposed rezoning is consistent with the Comprehensive Plan. The request involves a zoning change to CHV, which is a zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Commercial on the FLUM. The Applicant is proposing several uses for the site. Both the restaurant and convenience store are specifically listed as permitted uses however; a convenience store with fuel pumps is listed as a Special Exception use in this district. The Applicant is applying for a Special Exception to be reviewed concurrently with this Zoning request. The proposed use will not have an adverse effect on the public interest. Even though the proposed use is higher in intensity than the current use, will generate an increase in vehicle trips, and is likely to have some minimal impacts on the surrounding uses, the location is appropriate within the City. The requested CHV Zoning and proposed use is slightly more intense than the surrounding zoning designations and existing uses, though the proposed uses are not out of character for the North Park Street/State Road 70 (SR70) commercial corridor. The property to the immediate north of the subject property is designated Commercial on the FLUM and zoned Commercial Professional Office with the use being that of a church. The property to the east is designated Commercial on the FLUM and zoned CBD with the use being that of a Walgreens Store. The property to the south is designated Public Facilities on the FLUM and zoned Public Facilities with the use being that of a City Park. The property to the west is designated Commercial on the FLUM and zoned CBD with the use being that of an auto parts store. Since there is no surrounding residential, the proposed use should not be expected to adversely affect living conditions on adjacent or nearby properties. It is difficult to predict the effects on property values. However, the proposed site and landscape plans are nearly complete in compliance with City codes and the use should not deter the improvement or development of adjacent property. The Applicant is providing landscape buffering in accordance with the City's requirements with the exception of the west side of the building and loading zone. This deficiency was outlined in the site plan review and a recommended condition of the approval was a two -foot landscape strip to be added between the two. The proposed use will not create a density pattern that would overburden public facilities or create an inappropriate density pattern in the area as the applicant is not proposing a residential use. The proposed site does not contain any drainage deficiencies and public safety should not be affected by the proposed use. However, the proposed use will generate an increase of vehicle trips at the site and it is recommended that the Applicant should quantify the existing queue on Northwest 2nd Avenue to ensure that there is no back-up onto North Park Street/SR70 as vehicles attempt to turn into the proposed Wawa. The proposed use has not been inordinately burdened by any unnecessary restrictions. AGENDA VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. B. 6. a) Consider a recommendation to the City Council to approve or deny Petition No. 19-001-R continued. b) Board discussion. c) Vote on motion. D. Special Exception Petition No. 19 -002 -SE, to allow a convenience store with fuel pumps within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(25)) for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, 1.63± acres, located in the 200 Block of Northwest Park Street (Exhibit 4) 1. Administer of Oath (anyone intending to offer testimony on Petition No. 19 -002 -SE will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending approval with special conditions. JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 6 OF 12 ACTION - DISCUSSION- VOTE Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Rezoning Petition No. 19-001-R, from CBD to CHV for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, 1.72± acres, located in the 200 Block of West North Park Street, for the proposed use of a convenience store with fuel pumps. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCoY-YEA JONASSAINT-YEA MCCREARY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for February 19, 2019, 6:00 P.M. Special Exception Petition No. 19 -002 -SE, to allow a convenience store with fuel pumps within a CHV Zoning District, (Ref. Sec. 90-283(25)) for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, 1.72± acres, located in the 200 Block of West North Park Street. The Petition was submitted by Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave. Holdings, LLC. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Shaun MacKenzie, 1172 Southwest 30th Street, Palm City, Florida, Mr. Steve Lipofsky, 2655 North Ocean Drive, Singer Island, Florida, Mr. Robert Grassman, 7022 Tic Drive, Orlando, Florida, and Mr. Marcos Montes De Oca, City Administrator for the City of Okeechobee, Florida. Planner Brisson reviewed the Planning Staff Report stating the matter for consideration is a 6,119 square foot Wawa convenience store with fuel pumps on the Northwest corner of North Park Street and Northwest 2nd Avenue. The 16 vehicle fueling positions will be under a 6,055 square foot canopy. The proposed use will also include a restaurant and a coffee shop providing both indoor and outdoor seating and take-out. The facility will be open 24 hours -a -day, seven days -a -week, with a total of about 25 to 30 employees. There will be between five and ten employees during each shift. Planner Brisson recommends approval based on the findings within the Planning Staff Report and the following special conditions; the Applicant should request approval by the TRC and City Council for replacement of the angled on -street parking spaces on the southside of Northwest 2nd Street with parallel parking spaces 23 -feet in length rather than 20 -feet proposed in the site plan; the proposed net reduction of three on -street parking spaces; JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 7 OF 12 AGENDA ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. 2. Review Planning Staff Report — recommending approval with special conditions for Special Exception Petition No. 19 -002 -SE continued. 3. Hear from the Property Owner or Designee/Agent - Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., on behalf of Property Owners, JMass Management, LLC; David R. Watford; and 205 N. Parrot Ave. Holdings, LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny Petition with/without special conditions. per the recommendation of Ms. Susan O'Rourke, of O'Rourke Engineering & Planning, the Applicant should quantify the existing queue on Northwest. 2nd Avenue to ensure that there is no back-up onto North Park Street/SR70 as vehicles attempt to turn into the Wawa; the setback of the underground fuel tanks from the south property line should, at a minimum, be increased from the proposed 12.5 -feet to 15 -feet; add a 2 -foot landscape strip between the building and the loading zone; and fuel deliveries shall be performed during non -peak traffic hours. Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Mr. Steve Lipofsky, P.E., Southeast Investments, Inc., was in attendance on behalf of the Property Owners and available for questions. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, four signs were posted on the subject property and courtesy notices were mailed to eight surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Planning Staffs recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staffs responses to the Applicant's presentation on consistency with the LDR's are, the location and site are appropriate for the proposed use. Fueling stations are generally located on principal arterial roads The site is situated a block away from Parrott Avenue/Hwy441 along the commercial corridor and its visibility is conducive to commercial display. This location will allow the proposed use to serve passing motorists traveling through the existing commercial corridor and. provide quick access to and from both arterials. The CHV Zoning District specifically identifies convenience store with a fueling station as a Special Exception Use. Ms. Susan O'Rourke of O'Rourke Engineering and Planning was retained to evaluate the impact of the proposed Wawa on the traffic network and specifically the operation of driveways and the intersections of Parrott Avenue/Hwy 441 and Northwest 3rd Street, and North Park Street/SR70 and Northwest 5th Avenue. She concurred with the Applicant's Traffic Engineer, MacKenzie Engineering and Planning that the project demonstrated concurrency based on the proposed traffic impacts. The City requires the evaluation of driveways for consistency as well. The existing site is served by eight points of access that will be reduced and replaced by three full access :driveways located on Northwest 2nd and 3rd Avenues and 2nd Street. To accommodate safe egress, the Applicant has stated the number of parking spaces along the streets will be eliminated by two. The Applicant needs to quantify that the existing queue on Northwest 2nd Avenue will not back up onto North Park Street/SR70 as vehicles attempt to turn into the Wawa. The Applicant is providing landscape buffering in accordance with the City's requirements with the exception of the west side of the building and loading zone. This deficiency was outlined in the site plan review and a recommended condition of the JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 8 OF 12 AGENDA ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. D. 6. a) Consider a motion.to approve or deny Petition No. 19 -002 -SE with/without special conditions continued. approval was a two -foot .landscape strip to be added between the two. Utility Services are expected to be fully available, and the adequacy and specifics of these facilities will be addressed during the site plan review stage. The Applicant has provided a loading truck, fire truck, fuel truck, and trash truck circulation plan, all demonstrating that there is sufficient ingress and egress for the associated trucks and that deliveries and waste removal can be performed on the site without any use of the designated patron parking area. The loading space is located on the west side of the building, out of the path of patron parking areas. The only potential conflict is presented by a fuel truck parked over the fuel tanks, which would limit the internal circulation of patrons around the fuel pumps. To avoid internal backups, it would be ideal if fuel deliveries were performed during non -peak traffic hours. On site circulation for fire and deliveries is sufficient and overall the net increase is small and will not impose a significant impact on traffic in the area. Planning Staffs responses to the Applicant's presentation on the required findings are, the property is designated Commercial on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Convenience store with fuel pumps is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest. The requested proposed use is compatible with the adjacent commercial uses and with the character of the North Park Street/SR 70 commercial corridor. The proposed use is not detrimental to urbanizing land use. Since there is no surrounding residential, there should be no adverse effects on living conditions; and it is difficult to predict the effects on property values. However, the proposed site and landscape plans are nearly completely in compliance with the City's Code and the proposed use should not deter the improvement or development of adjacent property. The Applicant is providing landscape buffering in accordance with the City's requirements with the exception of the west side of the building and loading zone. This deficiency was out lined in the site plan review and a recommended condition of the approval was a two -foot landscape strip to be added between the two. The proposed use will not create a density pattern that would overburden public facilities as the Applicant is not proposing a residential use. The proposed site does not contain any drainage deficiencies and public safety should not be affected by the proposed use. Motion and a second offered by Members Brass and McCreary to approve Special Exception Petition No. 19 -002 -SE, to allow a convenience store with fuel pumps within a CHV Zoning District, (Ref. Sec. 90-283(25)) for Lots 1 to 4 and 7 to 12 of Block 156, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, 1.72± acres, located in the 200 Block of West North Park Street with the following special conditions: revise 11 on -street parking spaces from parallel to angled on the southside of Northwest 2nd Street and 2nd Avenue; the setback of the underground fuel tanks from the south property line, should at a minimum, be increased from the proposed 12.5 -feet to 15 -feet; add a 2 -foot landscape strip between the building and the loading zone; per Ms. O'Rourke's recommendation, the Applicant should quantify the existing queue on Northwest 2nd Avenue to ensure that there is no back-up onto North Park Street/SR70 as vehicles attempt to turn into the Wawa; provide irrigation for the perimeter landscaping; provide to the OUA corrections to plans for layout and line materials; provide required slope measurement on driveways so not over 13 percent; need contact information for the company that provides the emergency generator services for Wawa; need type of building construction identified on plans; flow test needed for AGENDA VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. D. 6. a) Consider a motion to approve or deny Petition No. 19 -002 -SE with/without special conditions continued. b) Board discussion. c) Vote on motion. C. Special Exception Petition No. 19 -001 -SE, to allow drive-through service within a Heavy Commercial Zoning District, (Ref. Sec. 90-283(1)) on Lots 7 to 12 of Block 142, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.033± acres, located at 205 Northeast 2nd Street for the proposed use of a drive-thru convenience store (Exhibit 3 1. Administer of Oath (anyone intending to offer testimony on Petition No. 19 -001 -SE will be required to take an oath, respond, and give your full name and address) — Board Secretary. 2. Review Planning Staff Report — recommending approval with special conditions. JANUARY 17, 2019 - PLANNING BOARDIBOARD OF ADJUSTMENT - PAGE 9 OF 12 ACTION - DISCUSSION - VOTE water capabilities; relocation of FDOT traffic cabinet for the street lighting on North Park Street/SR70; landscape islands on Northwest 2nd and 3rd Avenues and 2nd Street; approval is conditioned upon approving Right -of -Way Abandonment Petition No. 19 -001 -AC and Rezoning Petition No 19-001-R; and fuel deliveries shail be performed during non -peak traffic hours. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER — YEA JONASSAINT — YEA MCCOY—YEA BATTON—YEA BAUGHMAN—YEA BRASS—YEA MCCREARY—YEA MOTION CARRIED. Special Exception Petition No. 19 -001 -SE, to allow drive-through service within a CHV Zoning District, (Ref. Sec. 90-283(1)) on Lots 7 to 12 of Block 142, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.033± acres, located at 205 Northeast 2nd Street for the proposed use of a drive-through convenience store. The Petition was submitted by Mrs. Sandra Galletto. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Steve Dobbs, P.E. with SLD Engineering, 1062 Jakes Way, Okeechobee Florida, and Mrs. Sandra Galletto, 7797 Northwest 81St Court, Okeechobee, Florida. Planner Brisson reviewed the Planning Staff Report stating the matter for consideration is a Special Exception for a drive-through convenience store as a second principal use to be located in the existing 2,030 square foot metal building located on the western portion of the parcel. The drive-through convenience store will occupy about 1,530 square feet of the building with the balance remaining to be used as storage by the current owner. The convenience store will be open between the hours of 6:00 a.m. and 7:00 p.m. up to six days a week with two shifts per day having a maximum of five persons. Planner Brisson recommends approval based on the findings within the Planning Staff Report and one of the following special conditions: the site plan is modified to allow for ingress and egress in a manner such that any driveway proposed to handle two-way traffic be at least 18 feet in width and preferably 20 to 24 feet -wide; or, if the driveway is less than 18 feet wide, an "Employees Only" sign is placed at the Northeast 2nd Avenue driveway and a manual or electronic gate is installed that can be activated only by employees of the convenience store; or, the Applicant identifies the driveway from Northeast 2nd Avenue as a one-way "Employee Only Entrance" and provides another acceptable method for employees to exit the site. AGENDA VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. 3. Hear: from the Property Owner or Designee/Agent - Mrs. Sandra Galletto, on behalf of Property Owner, 205 Okeechobee, LLC. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consider a motion to approve or deny Petition with/without special conditions. JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 10 OF 12 ACTION - DISCUSSION - VOTE Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Mr. Dobbs, Property Owner, 205 Okeechobee, LLC was present and available for questions. Member McCoy inquired as to whether they would be converting from septic. Mr. Dobbs responded no as there were two septic tanks on site and one bathroom was just for employees. He did not believe there would be any issues because of this and also because there would not be any food services like frying. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, three signs were posted on the subject property and courtesy notices were mailed to twenty-six surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Planning Staff's recommendation for approval is based on two sets of criteria. One being the site's consistency with the current LDR's, and the other, findings required to consider a Special Exception. Planning Staffs responses to the Applicant's presentation on consistency with the LDR's are, the location is suitable for a retail commercial use in that it is located in the CHV District and surrounded by other commercial uses. Although most are office uses; retail and service uses are located south of Northeast 2nd Street. The CHV Zoning District specifically identifies drive-through service as a Special Exception Use. No special design efforts are necessary as the site is sufficiently large to accommodate the proposed use in the existing one-story metal building. No special landscaping techniques are necessary to visually screen the adjacent commercial uses. No hazards, problems or nuisance that would affect the public are expected with all activity occurring during hours which are generally the same as with those of other businesses in commercial districts and limited to the confines of the existing metal building. We envision no problems with regard to the provision of utilities assuming that the Health Department has no problem with the continued use of the septic system due to the expanded commercial use. The levels of traffic on the public roadways associated with the proposed use should not create congestion or create a hazard to public safety. However, there is a concern with the narrowness of the north driveway that is intended to provide the only employee ingress to and egress from the convenience store and employees of the office building to the east may use this driveway as well. 24 -feet is usually recognized as the minimum width for a two-way driveway, although widths from 20 -feet down to as little 18 -feet may prove acceptable under certain situations. Lesser widths are only acceptable for one-way traffic. Neither the north driveway nor the convenience store access driveway from Northeast 2nd Street meet even the minimum threshold for other than one-way traffic. While it is recognized that the number of persons using this driveway should be small, and even with an "Employees Only" sign at the entrance, some customers will be likely to enter, increasing the possibility of vehicular conflicts. JANUARY 17, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 11 OF 12 AGENDA ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED. C. 6. a) Consider a motion to approve or deny Petition No. 19 -001 -SE with/without special conditions continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. Planning Staffs responses to the Applicant's presentation on the required findings are, the property is designated Commercial on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Drive-through service is included under the list of Special Exception Uses in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest. The requested proposed use is compatible with the adjacent commercial uses and is not detrimental to urbanizing land use patterns. The proposed use is not detrimental to urbanizing land use. The use will not adversely affect property values or living conditions, or be a deterrent to the development of adjacent property. No special screening or landscaping is necessary as the proposed use will create no noise, odors, or glare that will adversely impact the other surrounding commercial uses. Neither density nor schools is an issue with a commercial use and the proposed drive-through convenience store, while increasing traffic, should not have a significant negative effect upon public streets or any other public services or facilities. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Motion and a second offered by Members Jonassaint and Baughman to approve Special Exception Petition No. 19 -001 -SE, to allow drive-through service within a CHV Zoning District, (Ref. Sec. 90-283(1)) on Lots 7 to 12 of Block 142, OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.033± acres, located at 205 Northeast 2nd Street for the proposed use of a drive-through convenience store with the following special condition: the Applicant identifies the driveway from Northeast 2nd Avenue as a one-way "Employee Only Entrance" and provides another acceptable method for employees to exit the site. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA MCCOY-YEA BATTON-YEA BAUGHMAN-YEA BRASS -YEA JONASSAINT - YEA MCCREARY - YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:57 P.M. JANUARY 17, 2019 • PLANNING BOARD/OF ADJUSTMENT - PAGE 12 OF 12 AGENDA ACTION -DISCUSSION - VOTE VIII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. ATTEST: Dawn T. Hoover, Chairperson Patty M. Burnette, Secretary There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:57 p.m. 14$DEPENDEN NL$ME1i:IA IN US STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Cou�r'ty, Florida, that the attached copy of advertisement being a 1U � .C, in the matter of tl`V`'�4SQG` 7.c in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -I ► Ia-C1 Affiant further says that the said Lake 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. r . Katrina Elsken Sworn to and subscribed before me this 15 day of P OWLt9 AD Notary Publicj State of Florida at/Large 1� 1Gf O& 1 ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:April23,2020 Bonded Thru Notary Public Dnrierwritera 1 Lake Okeechobee News 107 SW 17th Strfe-e , Suitxe Okeechobee, Klorida 34974—`:'; 863-763' 3134 '1. ' \, CITY OFOKEECHOBEE • PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEAR- ING w3behelibabe theOydOF tobeeMrcireEoadmTMtr., 18, 2019, 6 PM, rrasmon a'.n"as pm atQy Hal, 555E 3rd Camel Qantas, Rm 200, 01>2ecta, FL, to ms5lErard rade Input av Reaming RaRopet pMMite Na 19 -002 -IL skrated Eciisenmiaa encouraged Ms. Aria Norez as the property FehlionNa19c02-Ra rests to mane 1.#/ - oars Mated at701tE3rd from Light Carma®I (01) to Heavy Comma 4 (01V). The pro - me Is aRecreation \ ie Park. • Legal: LOTS 7 TO 12, OF BLACK 116, OCC=ECHOTT E, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND A PARCEL OF LAND LYING 111 SECTION 15 TOWNS LIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COMITY,AND RORIDA, BEING COMPRL�OFf1NE UNOF PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (OR) BOOK645, PAGE 1370; OF THE PUBLIC RECORDS OFOKEECHOBEE COUNTY, HARIDA,AND BEING MORE PARTIQAARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOU HEAST.CORNER OF LOT 1 OF BOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OIO:EQEQIOBEE COUNTY, FLORI- DA• THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4A000RDING TO PLAT NO.1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OIICEEQIOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY RN SAID BLACK 116 AND THE POINT OFTHE BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PAROEI 4 AND THE FAST BOUNDARY OF SAID BLOCK 116,10 THE SOUTHEAST 03R- NEROFLOT 120ESAID BLACI(116AND ALSO BEING THE NORTH- WEST OWNER OF PARE 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THE?NCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3,TOTHE CENTERLINE OF NE 3RD STREET(FORMERLY NINTH SHREEfl;THENCE RUN EAST ALONG SAID CENTERLINE OF SAID NE. 351) STREET (FORMER- LY NINTH STREET) EMENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREW; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSEC- TION WITH 'NNE B 1tRLIINE OF SAID LOT 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONGTHECENTERLINE OF SAID ALLEYWA`IEXTENDED, TOTHE POINT OFI GINNING The 16tion may be Inspected at the address above t40 ig regtrar bmitres hours,1430-14 8AM-4:30 FM, ea:eptlX hoicks A Fulic Hea gTora Reamilg1S3Lin5herded asa"Qra1-3u1 Ro- oming, trear g.. a manner sirdar l to a mut trsbnarry and gms— oms timing prwho provi: Sad m t13I an * e Barr. It Is the clay et the Pta rimy the Board to anhe at said clouds A recommendation to appLow eiedfa6PMcnMiay7,2019 (Frst g) afcrwarded to anndFFolicFNearCly ing '. 21, 2019 (Rol Adoft40 ).: ANY PERSON DECIDING TO APPEAL arty cto id rt made by the Planning Board Mb reepect to arty matter mar Hared at ihzs L r y vett need toensue averbahrnrecord cite prooeeingismade and the record Names the gray and evidenze Loon whdt the appeal v T be baud. In aomrdh sse waft rte Arras oars with DisabiTitisA I (ADA), as aticn a participate p o r conthe ADA, tact d tls Gateaeeds u ServisOffice notater than two business days ps bapomedt9,863- 7Ei3-3372 • BE ADVISED that s,aed you ite d to showany doarrert , Pdue, ,idea orbarns totheeFlimitgBoarditsupportorcppostioo6oanykrn on,he to theeoard' Secretary tiGt reaor orden,roustbe BE ADVISED THAT ONE.OR MORE CITY OF 0+IEE }IOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT :THIS MEETING. THIS NOTICE IS POSTED 10 MEET STATE PUBLIC NOTICE REQUIREMENTSANDSUNSIHINE LAWS. BY MriuidiatorMarcos RlontesDeOa,Db.19-002-R. 327064 ON 3/31/2019 INDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th •Street, Smite D Okeechobee, Florida 34924 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a '90.112.- Lc z"JCr17-1 cs: _ n I in the matter of Nzidc,:k3._ 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 Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of r- 1Z -V -.2.S AD ( Notary Public, State of Florida at Large 101 CDA__ r J ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: AprI120, 2020 Bonded Thru Notary Public Underwriters CITYOFCIcEECHOBEE PUCONSIDERATION �PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN thata QUASI JUDIQALPUBIIC HEAR- ING wI te heti before the ay of Clteedntee Fmrnig Board on Thra. Apni 18, 7019, 6 PM, a as that thereafter as passble at ay Hal, 55 Std AVE, Candi Cha tern,Rm700,destnbee,R,tomrsdaaclredeNe WonRezoning Wien' No. 19-003R,stalled krMcBIS Rowe onbaler of the popertyaNner,Okeechotee County:The pilic is encouaGed to Mani ?aim No. 14UO3Rtegrr>e tSstorezone B.C#/-acreslocated at403hM/2nd Thepopos?dt� rm e9wet�tofkelxidr(00)toPtr6icFealtiestTi18). Lagar THENORTH 93IEET&LOIS 1THROUGH 6, Of BUACX1D7, OKEECHOBEE, ACCORD/NG TOIHE PtATTNtEOFRECORDEDIN KAT BOOK 5, PAGE 5, PUBLIC RECORDS Of OKEECHOBEE COUN- TY, FLORIDA. 71e Fetton ,Bbe Instsecthd at lie adiess abate dtrrgtegiarhaitess M14 eroactfortuidays. Man -RI, coxing, manna a manner sintler to a � �a "Cauzsl-kddar au- tesernorri ani &dg presenters who provide al:starlet and oxnPetett eM� erIt Is the Mite dtye Ramie Boar!to arrhe ats cid daafors A remnxrtxtdalfon to aware or day the Rulon wa be Conceded to the ay Crud, tatatiuetY sdw red for 6 FM on M /7,7019,(FrstRendrg)ardFrticHearigcoMay 21,2019 (Final Pcloptixt). /1NY PERSON DEEMING TO APPEAL ary doadn plods ba the Phanirg Boas wth tesped to arty Salts ansliaGl at th8lneetirg wS need to en - nye a verb rrsreaveb mremd of the pothering Bmadeani the readirtidesthe testinn iy aril &dare upon which the appeal wil te based. In axrdaree with the AmatonswthD JesPct(att+),a' • wllra68GRyas defied by the Aa{ that needs special aman. to pa lickele In this t xl,863-33T Otfienobratlmtwo heirless days iraxto po BEADVISED thatshahtyou Maid to show arydoairat, pih,e,Video or ffiostothe FNmigBoard Insupport oroPpa any tagada, awof doormat, p�re,Vtlm,ortan mdhepO/dedtoileRad BE ADVISED THAT ONE OR MORE aTY OF OKEECHOBEE COUN- CIL MEMBERS MAY BE IN ATTENDANCE ATTHLS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBIIC NOTICE REQUIRE MENTSAND SUNSHINE LAWS. Ent Zoring MarmsMat Om, No. I9- 3-R 1IDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Cou ty,t Florida, that the attached copy of advertisement being a-rGu2&c.i.: lV 1J'+t in the matter of C ccctac-ri (Tr) v Cif -1 f c in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of A-11/0/,2ciq Affiant further says that the said Lake 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 p .blication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this all' day of It r P 01 9 AD Notary Public State of Florida at Large tCA,kc Lti f- t c;��d5k, ..4,A t�.i ANGIE BRIDGES • _*_ MY COMMISSION # FF 976149 EXPIRES: Apff120, 2020 '•,r •Fob;; °p•'' Bonded 'Rau Notary Public Undelwdtef6 .. CITY OFOKffCK19EE PUB1IC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GWEN that a QUASI-JUDIC6LL PUBLIC HEAR- ING wit be heti before the Cty of Cleedrit ee Planning Board on Thur, Apri 1S, 2019, 6 PM, or as mon thereafter as Parbble, at ON RAI, 555E 3rd AVE, Card Chambas, Rm 200, Okeechobee, R, to consider and receive hqurttcn Rearing Nihon No.19-023-R, sbmiteil by Mc Bl Rcyce an behat of the propertyowrhe5Cle:edebeeCac y..Thepubic5eccuragadtoathad. Millon Na 194:03-R equals to reamne0.64+/-arms k>ded at403 NW 2nd Avenue, fian Commercial Profasianal Ctfce (CIO) to Pubic Tudo:s (PUB). The proposed we is a 9,.1nma taffte tubing. t1ge��:THE NORTH 93FEETOFLATS1T ROUGH 6,OFMOO( 107, OIcECIOBEE,A000RDINGTOTHEPLAT THEREOFRECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC REAORDSOF OKEECHOBEE COUN- TY, FLORIDA. The Fe416n may be hspeted at the address ahoe cluing regular bushes hoes, Mon -Fd, 6AM4:30 PM, erceptforhofda,s A Pubic Hearing for a Reaming Petition 5 hided as a `hQmasl-hebz r pro - ¢wing, nhaanig a rower stair to a mut tearing te5lirorry and olues- tortg prtas who gate abstortal and aompetert evttnce. It e the duty dthe Ranting Board to ante dscull decisions'. A recommendation to denyapacrye or the Oty Council, taloa,* schedued for6R4onMay7,2019,(FistRearig) and Mac Hearhg on May 21, 2019 (Final Adoption). ANY PERSON DECIDINGTOAPPEALarrydedsionmaiebyfheFlaming Board win respect to any matte- aonsiima1 at this meeitg w+T need to en - are a verbatim rental of the pooncf gIs ymea Ade and the record Indata the tes/knaaccordance w ry and evidence wihD5whit ®bibesePt(ADA),artery be nwwiha citatility as defined by the ADA, that needs spefe1 a uhn to pa Ur:Pate In this toctthe ffice Onotbatwanbbrsirhesmlais prior to proees8fi3-ii7 BE ADVISED thatshaidyou intend tosthovarrLdormet, pthaGVdehof tans to the naming Board In the « on Se=tfh C5ne n beproppostion to my ovid m Board henry. BE ADVISED THAT ONE OR MORE QTY OF OKEECHOBEE COUN- CIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING.1MS NOTICE S POSTED TO MEET STATE PUBLIC NOTICE REQUIRE- MENTS AND SUNSHINE LAWS. 6V: IoncgMdmnhiatnrMarcos Mah4oDhmd, Na 19-W3R 329444 (N4/10/2019 JDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a i L LIC. in the matter of 0-6ASIGl.l Clerk:11G)— c �U7w in the 19th Judicial Dist>`ilct of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this ) day of 1 m P UJ Notary Public, State of Florida at Large n f \ •n Katrina Elsken AD ANGIE BRIDGES MY COMMISSION # FF 976149 EXPiRES:April 20, 2020 7r: rP '.Ep'F F�°•' Bonded Thru Notary Pubtic Underwriters CITY OFOKEECHOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEAR- ING vAbeheld before the ay afMeectnteeFbnnigBoard onThur,Apnl 18, 2019,6 PM, oras soon Oras possbie, at C5y HaO, S5 SE 3rd AVE, Count Ownbas, Rm 200, Okeechobee, H, to consider and receive input on p1nig Tendon No. 19002-R, submUed by t4s Arvin Nunez as the property wmer;Anclat Rental Properties, Inc The puNc's enmrceJed to attend. Rbtio n No. 19-002-11 requests to remne 150+/ -aces baited at 701 NE 3rd Arm from light Commercial (QT) to Wavy Commercial (0-N). The pno- x1 use is a Recreation VeNde Fmk. Legal: LOTS 7 TO 12, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, Of THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OICEEQIOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFEIQAL RECORDS(OR.) BOOK 645, PAGE 1370, OF THE PUBLIC RECORDS OFOKEECHOBEE COUNTY, FLORIDA, AND BEING14011E PARTICULARLY DESCRIBED AS FOLLOWS: COMMEND NG AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK116, O1mEcHos1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORI- DA; THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PIAT NO. 1 OFTAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OFTHE BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST COR- NER OF LOT 120F SAID BLOCK 116 AND ALSO BEING THE NORTH- WEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF N.6. 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EASE ALONG SAID CLW E OF SAID N.E 3RD SrREFr (FORFffR- LINE OFOF WITH STREET) RECIENDED RUUN�NORh L ESTERN ID WESTERN 910RE LINE OF TAYLOR CREEK, TO THE INTERSEC- TION WITH THE CENTERLINE OF SAID LAT 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED,TOTHE POINT OF BEGINNING. Theldltoo may 13) inTected atthe address above during regular busi- ness hags, MarFri, 8 AM -4:30 PM, eoxpt for holidays. A Public Hearing for a Reaming Petition is Readied as a "QrasFJud- der and p g presenters ride ar to a court sulstanhal andndhearing v- ev- idence. k is the duty of the Plamrg Board to arrive at sound dccidcx . A remnunandation hl approve or dart' the Petitionwll be forwarded to the Gty Omit, terdatiy stedulai for 6 PM al May 7, 2019, (Fust Reading) and Public I-Iearig on May 21, 2019 (final Adoption). ANY PERSON DECIDING TO APPEAL any dedsion made by the Flaming Board with rr��qpectt to any matter considered at this meeting wll need to ensure a verbatim record cf the proceeding is made and the record'rndudes the and evidence upon which the appeal will be based. Inarra-dance wdh the Americans with D®b Art (ADA), any person with a dabty as dinned by the ADA, that needs special accommodaticn to partidpale in this prtcnaf g, contact the General Services Officno later than tyro bush ue sdayspnortoproceedg,863- 763-3372. BE ADVISED that should you intend to show any daunt, piduo, video ort> to the Flaming Beard insupport oropposition toany tan on the agenda, a cop, of the document, picture, video, a tern must be provided tothe Board Serdaryfix the Otytiw at BE ADVISED THAT ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMEN1SAND SUNSHINE LAWS BY: Zoning AdminisbabxMarcos Mait co,No.19-002-R 329141 ON 4/10/2019 INDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Count ,Floorida,l hate the attached copy of advertisement being a in the matter of J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 4/131mac)(1 Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this / Pti' day of /12g -C-0 c L>I LI AD Notary Public, State of Florida at Large L.1/A b._ / Y 1 i ()kJ !� ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:April20, 2020 %:Fo" ?P' Bonded 7hru Notary Public Underwriters CITY OF OKEECHOBEE PUBLIC NOTICE CRY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the ay of Okaednbee Ftamig Board vA axdrd a rerubran Thw Apr. l2, 2019, 6 PM, oras soon thaealOeraspossibk,ata�yySSSE�3rdAie,Rm200,Cfeednbee,FLAs the longNanigAgencythe Hood way cctsidacfrertgaremm- merdathn on anyproposed amendments to the anent lard Derebprneri Rogationsby Oby Staff, Board Members, or citizens The prbic k tided and enmuaged to attend The agada mmaayy be died from 33T2��Ge orbyming theneralServimsOth� 963-763- ANY PERSON DE(mINGTOAPPEAL arydedshn made by the FB/B04 with ofwyrrellarooreldereddabatnroodttep :axigmaed rd O�meeting wi need to ensure my and Mereyton which the appeal vi be timed In aaxon:tom wAh the Amerimns the ADA, that Dw rds _, es (ai,ar to hNrs�pro�edrgg, corfad: the General Sentes Sentacre no titer than two bmire$ days prior N paoaedny,9637633372. BE ADVISED that shorn you fiend to stow wry downer{ pie, video ar horns to the P13/BOA In awed or cpp n to wry tan on the agrda, a copy of the etary for tem Oieo, or tmust be pwdod to the Board SeoBE ADVISED THAT ONE OR MORE CITY OF OKEECHOBEE COUN- cTL MEMBERS MAY BE IN ATWNDANLE AT THIS MEETING mis NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIRE .MENTSANDSUNSHINE IAVVS CITY OF OKEECHOBEE PLANNING BOARD APRIL 18, 2019, OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER — Chairperson: April 13, 2019, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson. III. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice -Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Rick Chartier Alternate Board Member Felix Granados Board Attorney John R. Cook City Planning Consultant Ben Smith Board Secretary Patty Burnette IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 17, 2019, regular meeting. VI. OPEN PUBLIC HEARING — Chairperson. A. Rezoning Petition No. 19-002-R, from Light Commercial to Heavy Commercial for Lots 7 to 12 of Block 116, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.50± acres, located at 701 Northeast 3rd Street, for the proposed future use of a recreational vehicle park (Exhibit 1). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on ;his Petition will be required to take an oath, respond, and give your full name and addresa. 2. Review Planning Staff Report - recommending denial. 3. Hear from the Property Owner or Designee/Agent - Anita Nunez, Property Owner for Anita's Rental Properties, Inc. 4. Public comment or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. QUASI-JUDICIAL ITEM April 18, 2019 • PB Agenda - Page 2 of 2 6.a) Consideration of a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively May 21, 2019, 6 pm. B. Rezoning Petition No. 19-003-R, from Commercial Professional Office to Public Facilities (Use) for the North 93 feet of Lots 1 to 6 of Block 107 OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 0.64± acres, located at 403 Northwest 2nd Avenue, for the proposed use of a government office building (Exhibit 2). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or Designee/Agent - Bill Royce, on behalf of Property Owner, Okeechobee County. 4. Public comment or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6.a) Consideration of a recommendation to the City Council to approve or deny Petition. b) Board discussion. • c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively May 21, 2019, 6 pm. CLOSE PUBLIC HEARING — Chairperson. VII. ADJOURN MEETING — Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863.763.3372. UASI-JUDICIAL ITEM G ty of Okeechobee Date: Hb►:Ltar"1 aoici Petition No. l (1 -UL) d -V\ General Services Department Fee Paid: K CS ' 1409,01 Jurisdiction: J 3 - cc__ 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 15t Hearin L' k# 2nd Hearing:____5-1;13 -lY-`t'i'/ Hearing:Mil- � �� 9 �� ''' ° Phone: (863) 763-3372, ext. 218 Publication Dates: - i '1`1 Pp) 5\6\ 0,1 to Fax: (863) 763-1686 Notices Mailed: ___,..).-4-0-17T. `f- ?,-1 ;:_,�-_� l,:i_:t:•: E:xhi b it 1 rr� 5�., iY.-:ai:r_r.�L,-71r� ... f.��_-�r�_�-- --er��=. i -.r. y•:. -'��-�:�� :` -x€'�APLr.IC/NTiINFORM,AyTIO:.lA,� 5y�^.- _:�ti`�l:�'�~~,......t_,zo SpecialLEyeptionfaVarae ' 1 Name of propertyowner(s): 14n►.•.j c- Ren-1rx at Ps- pc -u- 4.,r -=c J &Q- 2 Owner mailing address: 70/ / 5. . cl` . nkeel. FL 3V 7 3. Name of applicant(s) if other than owner 4 Applicant mailing address: 70j , _ .•: / s-.+ - ()ger- /-L 73 1/4-jc/ 7 7 -- E-mail E-mail address: f1/m ji(' 7_ Ci 7L/ e (la hoc; . C o•r7'l 5 Name of contact person (state relationship):. /-n ) 1v fu c in,6,-Z (0tiJrlt'-r 6 Contact person daytime phone(s): �-� l- _ J 2 C� C �n i ,k :rt. - !-- _ '".i: .7*=:c`i�:7` .:-_..:):. _ _- 'jam _ _ M - 1 r I c ; _ ,.- :,;�> fis>; :,,, _�` .�RRO.PER;FY it �_,_ _--:. '`-'` s_P - - -,ems tea' ��i_t - l ..,r✓v..-�.-_ _ � - � r�-,� :::f.,- .� � �Y.�t' �Y-1"'.f .-� .-r�.-v i.0 �u-h�-Y - - r.l , i�T..•t. _: J•Y-•.�...Jf � l�"��r • - .i\.:.�:_ i�.l :2):'.. ^..a::r.�.�?i::-_n_.... - :. ;._... '=if:: .. ..•�y: �Y::Ii:�. .. t ..r:�.� .... ; _..• c_ �..._. •:�..5'�:_.... r..... _ ... . _ ..- .- 7 � Property address/directions to property: '7 0 / Vi✓ - 3'1`46 0gett 1101(- c r L -- 8 Describe current use of property: z-Qi-nr,�rr-u-,e- — C�-F=p,'Ce Lt(3- L 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. � : c _-' GC:, C, GS(?. I Q_ C- C1-+ Source of potable water: C ik( Method of sewage disposal: C % -\-�t � 10 Approx. acreage: i . L( c.-\- Is property in a platted subdivision? o D 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11D, . 12 Is a pending sale of the property subject to this application being granted? ,1 c 13 Describe uses on adjoining propertyto the North: North: Taxi. de;.,41 East: i,-) i --)Pr - I n_'-ikr C.ree `.- South: Re„_v 4 Lo,y-wLe; r_ (-- ler-z West: J---- 14 Existing zoning: LI , s hi- L 0,,1,,1 .. Future Land Use classification: Co m. me- f- c ( a- J 15 Have there been any prior rezoning, special exception, variance, or site plan approvals ori the 0q-( -1 property? ( )No ( Yes. If yes provide date, petition number and nature of approval. {-( earl (13 16 Request is for: (4,) Rezone ( ) Special Exception ( ) Variance ' pos-Ipcm 17 Parcel Identification Number: 15 - 37-35,-69i a._ DI IV,) -, 0010 (Rev 09/14) Page 1 of 11 . - __ :R � __' _`--;„''''I _ -'`:a3" 7{: - t r F• ' 1. R.l,t.- .;a:_ r•r•r a- - - t IRE C D�ATTA HM ENTS---: ' cst:.f• ._ . r ::1� �::1•r�lr..•::'..:y'�. '.:::; �.:. ,'.� :ori _'-.'-r' /:_123 Applicant's statement of interest in property: Q jA,'-ti(hi P.cr 19 Non-refundable application fee: Rezoning:($850 plus $30/acre; Sp tial Exception: $500 plus $30/acre; Variance: $500 �_ _ -- Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from properly owner) 22 Vfhre `. roperty surveys (one no lar gerthan 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application ,c. Computation of total acreage to nearest tenth of an acre Lot,5- " 1 t9` 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 26 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine' of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 »"'-Kh-tree- (Rev 09/14) Page 2 of 11 ... A �7ADDTIONA,NFORwTION=REQUIl:tt.D EOIt A EZNIN, ..7�:... ... Current zoning classification: � i (j �" cot,,L � . q .�� 4 r`. jRequested zoningclassification xL B Describe the desired permitted use and intended nature of activities and development ofthe property? C Is a Special Exception necessary for your intended use? ( ) No (4) Yes If yes, briefly describe: _ 7 / xl Re .rzn.. lona..1 Vehicle. PGIf K D Is a Variance nesessav for your intended use? ( ) No Yes If yes, briefly describe: -eu65-6 ifat i` ruz- ck --L t u-a-41-c.R- ---,I-0l 1 , VI c1 o-ctie --cy�,Q tc Pf4-c d / D Ca -A-.0-2 kTht arks 11i2.6ueJ1 weti Vida --ib /��t, -ti ; /61 E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. TheTIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. t F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page C1370:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. psLov>t, i1ufit,a-Q eft cA 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Plap-t-01.* a Citit C , P ecta eeryitymfyieL,a,3. The proposed use will not have an adverse effect on the public interest. it -c c G U -'fie ;�e2eue- G G(cU ' } oyi p Lu d— 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. G. PJt.t;7.J1.t.Gi C?, ��CGC Ci�X ..2,c,&d /0--Q.c:-6 rca1 & 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. - an-6d '� -`-L , ` �� PA �c �` LQ -(24'd ocar✓ 3 siiyto OC,'1 cc"ic . (Rev 09/14) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 0 est ,��{', f (,�,1' �� o r_,Li af2.�k �r�,nCQ j�sz -6-eki COI aLUC , - -D -Lite (c' 9nitertri 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services L-Qpitvio-o-o_ed u u e / -& b7veAb to obvi— cf.As (.mak 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. A c --'l -eA__e tuffIle7W f-,itC.t- p oektfLpi-i, 9. The proposed use has not been inordinately burdened by unnecessary restrictions. �LL 2e ,9_e c l4 U,0-1 /c11 CG�1IMaaraL lei 41 t n(2) The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 1I -Prepared By and Return to John D. Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 PARCEL NO: SEE EXHIBIT "A" I' 14 1' 111111111111111111111111111 1111! 1111 1111 IE NUN 2 )1611102-'0 OF; BK 782 PG 586 SHARON ROBERTSON, CLERK OF C:IRC:UIT C:OURC OKEECHOBEE COUNTY, FLORIDA RECORDED 11/10/2016 03:19:55 PM AMT $10.00 RECORDING FEES $78.00 DEED DOC: $0.70 RECORDED BY S Creech Pss 586 — 594; (9 P9s) v -AD ikee . /0 QUIT CLAIM DEED THIS QUIT CLAIM DEED executed this'� day of 3y, 2016, by D & A PROPERTIES (NUNEZ), INC., a Florida Corporation, and DAVID NUNEZ, JR. a/k/a DAVID NUNEZ, a single man, and ANITA S. NUNEZ a/k/a ANITA NUNEZ, a single woman , whose mailing address is 701 NE 3`d Street, Okeechobee, FL 34972, first party, to ANITA'S RENTAL PROPERTIES LLC, whose mailing address is701 NE 3rd Street 2 keechobee, FL 34972, second party, (Wherever used lier ii the to ms_L st T party" and "second party" shall include singular and plural, heirs, :legal representati .es an'd assigns of in�i j ials and the successors and assigns of corporations, wherever the context so admits orq ices.) WITNESSETH: That the satd_cf rst pasty for and •ngconsideratibn of the sum of $10.00 in hand paid by the said second party, the w receipt lle ?fdisihereby ae uowledged, does hereby remise, release and quit claim unto the said :: -Trit-;,- second party forever, all`the right, tle nterest, claim and demand which the said first party has in and to the following described lot, piece , or parcel of 1 d, situate, lying and being in the County of OKEECHOBEE, State of Florida- o wit: VARIOUS PARCELS OF LAND ©,C ATTACHED AS EXHIBIT "A". iE COUNTY, FLORIDA AND This property is not the homestead of the first p SUBJECT to restrictions, reservations and easements of record, if any. TO HAVE AND TO HOLD the same together with all and singular the app or in any wise appertaining, and all the estate, right, title, interest, lien, equity and *la party, either in law or equity, to the only proper use, benefit and behalf of enans: heretnto belonging atsoever of the said first aid second party forever. IN WITNESS WHEREOF the said first party has signed and seale s these presents the day and year first above written. Signed, Sealed and Delivered in the presence of: Name•oWitness 4797-269103.WPD BY: D & A PROPERTIES (NUNEZ), INC. ANITA NUNEZ, PRESIDENT Book782/Page586 CFN#2016010270 Page 1 of 9 Printe. Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE 6(- o - The foregoing instrument was acknowledged before me thisday of July, 2016, by ANITA & .A president ofE PROPERTIES (NUNEZ), INC., who is personally known to me, or 'VProducedi°' ty as identification. ' NUNEZ, as ti who has (Seal) NOTARY 1UBL1' Printed Name ofNotary. nons, Signed, Sealed and Delivere in the presence of: Prirt Printed Dame of Witness mD r-> STATE OF FLORIDA COUNTY OF OKEECHOBEE before me this ( dayof 2016, byANITA The foregoing instrument was acknowledged �', NUNEZ, ❑ ho is personally known to me, or 0 who has produced as identif"ic. ton. #1 NOTARY '' UBLIC IvfvLo-ra -/ Printed Name of Notary.: 4797-269103.WPD Book782/Page587 CFN#2016010270 (Seal) Page 2 of 9 Signed, Sealed and Delivered in the presence of: STATE OF FLO D A COUNTY OF O EECHOBEE -� The fojegoing instrument as, acknowledged be ore me this day o NUNEZ, o o is personally kno to me, or 0 who has roduced as id.. tication.. DAVID NUNEZ 2016, by DAVID NO A Y PUBLIC Printed ame of Notary: PREM IT IS HEREBY CERTIFIED THAT WE ' -. PRE1 f i HIS TRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HE GUARANTEE EITHER MARKETABILITY OF TITLE, ACCUROY O. WE DO NOT O -DCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT i THE ITLE TO THE PROPERTY INVOLVED. 4797-269 I 03.WPD Book782/Page588 CFN#2016010270 Page 3 of 9 EXHIBIT "A" PARCEL 1: 3-21-37-35-0020-02050-0010 LOT 1, BLOCK 205, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 2: 3-15-37-35-0010-01160-0070 LOTS 7 TO 12 INCLUSIVE -BLOCK 116. OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLATI3OOK 5, PAGE 5, -0F THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND A PARCEL OF LAND LYING IN.,_SECTION 1,5, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY; FLORIDA,; AND BEING;, COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED °1+4'OFFIC 'IAL RECORDS4O)R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE MINTY, FLORID. PARCEL 3: 1-05-37-35-0050-00540470 LOT 47, BLOCK 51, BASSWOOD UNIT 5ACCORDING%TO THE'PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 51, OF THE PUBLIC RECORDSOP, OKEECHOBEE COUNTY, FLORIDA. PARCEL 4: 1-05-37-35-0040-00460-0160 LOT 16, BLOCK 46, BASS WOOD UNIT NO. 4, ACCORDING TO THE PLAT THEREOF;:RECORDED IN PLAT BOOK 3, PAGE 49, OF THE PUBLIC RECORDS OF OKEECHOIEE COUNTY; FLORIDA. PARCEL 5: 1-05-37-35-0030-00390-0140 LOT 14, BLOCK 39, BASSWOOD UNIT 3, ACCORDING TO THE I'IAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 37, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 6: 3-22-37-35-0020-00000-0020 LOT 2, AIRI ACRES, ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 7, PAGE 53, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 7: 3-22-37-35-0010-00000-0010 LOT 1, OF THE ESTATES AT TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 33 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 4797-269103.WPD Book782/Page589 CFN#2016010270 Page 4 of 9 EXHIBIT "A" Two parcels of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Block 115, OKEECHOBEE, according to ihe plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and the Northwest comer of Parcel 4 of PLAT NO. 1 OF TAYLOR CREEK WATERSHED as recorded in Plat Book 3, Page 29, public records of Okeechobee County, Florida; —thence nm South along the West boundary of said Parcel 4 to the intersection with :the centerline of N.E. 4 street (formerly Tenth Avenue) for a POINT OF BEGINNING; them continue South, along the Western boundary of said Parcel 4 and the lastiboundary of Block 116 of said plat of OKEECHO EE, to the interaction with;'>€centerline of the 15 foot alleyway in said Block 116; thence run East, along the centerlit ;lof said alleyway ceded East, to the Western shore line of Taylor Creek; fr,, thence ru l±iortherly along s d W 'estem shore line of Taylor Creek, to the intersection with the center of t.E 4k Street (formed Tenth Avenue) ended East; thence run West, along Satd'ex=tended centerline, to the POINT OF 1EGINNING. ,41 AND Commencing at the SoutheastJcorner of T oWof Btoekf116,;OKEECHOBEE, according to the plat thereof recorded in Plat Book Pauc 5, public recd of Okeechobee County, Florida, thence run South and running along th'e V 3estern bo u� of Parcel 4 according to PLAT NO. 1 OF TAYLOR CREEK WATERSgas record d in' P.;-lat Book 3, Page nty %F 29, public records of Okeechobee Coulorada, oto'. the centerline of the 15 foot alleyway in said Block 116 and the POINT OF BEGINNING; the econtinue South, f.Y. along the Western boundary of said Parcel 4 and the East boundary of `said Block 116, to the Southeast comer of Lot 12 of said Block 116 and also being the for thwesttcocner of Parcel 3 of said PLAT NO 1 OF TAYLOR CREEK WATJEI.LSHEI) "-thence run Southwesterly, along the Western boundary of said Parcel 3, to th&liferline of N.E. 3`d Street (formerly Ninth Street); thence run East, aloin said ne of said N.E. 3`a Street (formerly Ninth Street) extended East, to the Western sh®re line of Taylor Creek; thence run Northerly, along said Western shore line of Taylor Creek, to the intersection with the centerline of said 15 foot alleyway extended East; thence run West, along the centerline of said alleyway extended, to the POINT OF BEGINNING. B.B.L. Book645/Page1370 CFN#2008000008 Page 2 of 2 vol-terrJlt GL100fk 1f' PARCEL NUMBER. 3-153735-0010-01170-0070 OWNER BRYANTVERA H DELL ADDRESS1 601 NE 3RD ST ADDRESS CITY. (- OKEECHOBEE ST FL ZIPCODE CNTRY 349724574 3-15.37-35-0010-01170-0100 LIGHTSEY RICKA & BONITA B 502 NE 6TH AVE OKEECHOBEE FI. 34972 3-15.37.35-021A-00000-0130 BE A MAN BUY LAND LLC 4260 SE FEDERAL HWY STUART FL 349974937 3-15-37.35-021A-00000-0030 BOOTH JUSTIN 17099 NW 144TH AVE OKEECHOBEE FL 349727824 34537-35-021A-00000-0040 LUCKEY CHRISTOPHER R & CYNTHIA 107 NE 8TH AVE OKEECHOBEE FL 34972 3-1537-35-0010-01460-0100 PEACOCK DANNY R & DEBBIE L 205 NE 7Th AVE OKEECHOBEE FL 34972 3-15.37-35-0010-01470-0060 4 GIRLS PROPERTIES LLC - 701 NE 3RD ST OKEECHOBEE BARDSTOWN FL KY 349744576 34 400042545 345.37-35-021A-00000-0050 PIERCE GEORGE P & ELIZABETH 1 1101 TEMPUN AVE 34537-35-021A-00000-0280 MAMMAREW KELLY B 114 NE 8TH AVENUE OKEECHOBEE FL 34972 3-15.3735-021A-00000-0060 MARSHALL DOUGIAS R 5R & BEVERL 14088 SW 144TH PARKWAY OKEECHOBEE FL 349740000 34537.35-021A-00000-0070 JOHNSON JIMMY 0 & LORAINE K& HOLLAND EARUNE 113 NE 8TH AVE OKEECHOBEE FL 349724508 3-15-3735-021A-00000-0270 BEST MATTHEW&ANGEL 116 NE 8TH AVE OKEECHOBEE FL 349724504 3-15-37-35-021A-00000-0260 MORRIS GWfGE CARLES III ETAL 200 NE BTH AVENUE 201 NE 8TH AVE OKEECHOBEE - OKEECHOBEE FL FL 349724504 349720000 3-153735-021A-00000-0080 BREWER MARIAN L 3-15.3735-0010-01460-0040 BURDESHAW CAROLYN .1 602 NE 3RD ST OKEECHOBEE FL 349724575 3-1537-35-0010-01460-0020 MCCROCKLINROBERT CLYDE 604 NE 3RD ST OKEECHOBEE Fl 349724575 3-15-3735-0010-01460-0010 GREEN DOROTHY L 209 NE 7TH AVE OKEECHOBEE FL 34972 3-153735-021A-00000-0090 WILSON TROY & MARSHA ' ' 1566 OLDHAM RD MOUNT STERUNG KY 403539586 3-1537-35-021A-00000-0100 MECHEL PETER 172 CEDAR AVE RICHMOND HILL ON L4C2A8 _CANADA 3.15.37-35-021A-00000-0220 GOMEZ BRANDI GILLIS 208 NE 8TH AVE OKEECHOBEE FL 349724504 3-15.37-35-021A-00000-0210 URDANETA JOSE A 210 NE 8TH AVE OKEECHOBEE FL 349724504 3-1537-35-021A-00000-0120 VERROCHI RICHARD P 33 PRINCETON 5T BOSTON MA 21281628 3-15.37-35-021A-00000-0190 DICKERHOOF PEDIS DUKE 212 NE 8TH AVE OKEECHOBEE FL 349724504 3-1537.35-021A-00000-0140 BARRETT ELVIS A 208 NE 17TH AVE OKEECHOBEE FL 34972 3-1537.35-021A-00000-0180 ARRIAGA FERMIN 2302 SW 3RD AVE OKEECHOBEE FL 34974 3-15.37-35-021A-00000-0150 WALDRON BETTY M & WALDRON CUF 301 NE 8TH AVE OKEECHOBEE FL 349724513 345.37.35-0010-01170-0040 --&IGHTSSY-RICKIE-A-&-BONITAB". 502 NE 6TH AVE OKEECHOBEE FL 349722690 3-15.3735-0010-01170-0010 -HGH'FSEY-RICKY-AttEN-&-BONITA 502 NE 6TH AVE OKEECHOBEE FL 349722690 3.15-37-35-0010-01160-0010 'LIGHFSEY-RI6K-A&-BONITA-B" 502 NE 6TH AVE OKEECHOBEE FL 34972 3-1537-35-0010-01160-0020 LIGHTSEY MARY K 700 NE 4TH 5T OKEECHOBEE FL 349722644 345.37-35-0010-01160-0040 ^UGHTSEY-IUG*h&BGNITA-B- 502 NE 6TH AVE OKEECHOBEE FL 34972 �3-15.37-35-021A-00000-0170 MINTON FREDDIE L & MINTON RUBY 302 NE 8TH AVENUE OKEECHOBEE FL 34972(��p�) 34537-35-021A-00000-0160 HANNAN EDWARD & KATHRYN 2443 9/10 SIDE RD R961 NEW LOWELL ONTARIO LOM 1N0 OKEECHOBEE FL _'-_ 3-1537-35-0010-00010.001D . tIGNTSEY RIOKA8rBONTTA 9- 502 NE 6TH AVE 349720000 3 -1537 -35 -021A -00000-00W0 RIVER RUN RESORT HOA f:GNKNOW 345-37-35-0010-01140.0070 WATFORD DOWLING R TRUSTEE & WATFORD MARTHA 8 TRUSTEE 2706 NE 6TH CT OKEECHOBEE FL 349720000 34537-3S-0010-01150-0050 -WATFORD-OCANUNG-R•TRUSiEE'&+ WATFORD MARTHA B TRUSTEE 2706 NE 6TH CT OKEECHOBEE FL 349720000 34537-35-0010-01150-0080 GRIFFIS CHARLESJ 701 NE 4TH 5T OKEECHOBEE FL 34972 345.3735-0010-00010-001F -GRIPPIS'Cf4RRCES1' 701 NE 4Th ST OKEECHOBEE FL 34972 3-1537.35-0010-01480-0010 701 NE 3RD SC OKEECHOBEE FL 349744576 3453735-0010-01470-0040 -4-GIMYPROPF.RTIEStir^ 701 NE 3RD ST OKEECHOBEE FL 349724576 \N S;-Wct-Vev IPR4enliMlo+ (10-1,1Inq on Tout Pec) r4 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of / - o2 `- - 1 9 , and the Assertions -made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of 1 , ao y . Signature of Applicant 11!711. /�,I�il?r`•Z. Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this _eq- day of Date a Te? . Personally known to me /fin Z or produced' as identification and did not take an oath. C4/" /& Notary Public, State of Florida . (Rev 09/14) �Se�al: 4`I�YIi`-a r. a4._il. Ia i 4 ;,''*ARLENEDROSNER `s`•. Notary Public - State of Florida Commission B GG 142411 • Ir'.;: MyCOMM, Expires Oct 12,2021 „'`.. Untitled through N4tIon+i Not Ory Mcn. Page 3 of 11 �J J recti r BOUNDARY SURVEY PREPARED FOR ANITA 'S RENTAL PROPERTIES, LLC. OESCRIPAON;• ACCORDINGRECORDED IN PLAT BOOK a, PACE .7, E PUBLIC RECORDS OF OKEECHOBEE COUNT) FLORIDA. AND A PARCEL OF LAND LYING IN SEC770N CHOBEE CO1INTt; FLORIDA AND COMPRISED OF ONE OF 771E PARCELS OF ND ASEAST, RECORDED /N OFFICIAL RCOD(aNG R.) BODY 644 PAGE 1374 OF THE LA PUBLIC RECORDS OF CWEEC1O4EE COUNTY; FLORIDA. AND BEING MORE PARRCULARLY DESCRIBED AS FOLLOWS COMMENCING Ar 111 PLAT PACS' 4 PUBLIC RECORDS OF O'KEEC1014EE COUNTY: FLOR'DA, ACCORDING RUN SOUTH AND RUNNINNG ALCWG 77HEEDHESIIRN BOOK 3 BOUNDARY OF PARCEL 4 ACCORDING 70 PLAT Na 1 OF TAYLOR CREEK WA2E7166ED AS RECORDED IN PLAT BOOK 3 PAGE 29, 116' TPUBLIC RECORDS OF HE PONT BEGINNING* THENCE CONTINUE SU/' IH, ALONG m6 746575RN BOUNDARY OF SAIECHOBEE COUNTY; FLORIDA, 70 7715 CENTERLINE OF 77/6 16 FOOT D PARC 'L 4 ANDWAY IN SAIDBLOCK TH ST AND BOUNDARY OF SAID BLOCK 116, 70 INE SOUTHEAST CORNER 05 LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NOR7H4EST CORNER OF PARCEL 3 OF 54/0 PLAT Na 1 OF TAYLOR CREEK WATERSHED,' /FENCE RUN SOl/1HHES7ERLY, ALONG THE 46STERN BOUNDARY OF 5410 PARCEL 3 70 7715 CE7V7ERL/NE OF N.E 3170 STREET (FORMERLY NINTH STREET); 71/LNCE RUN EAST ALONG SAID L717ERUNE OF SAID N. .3RD STREET (FORMERLY N/11771 STREET) MENDED EAS77 70 711E 4ES754N SNARE UNE OF TAYLOR CREEK' 1F1ENCE RUN NORTHERLY, ALONG SAID 4ESTERN SNORE UNE OF TAYLOR OREE%G TO THE INTERSECTION 41771 71NE f9F SAID Lor 1ALLEYWAY EASTTHNCE RUN 14657; ALONG 711E CEV IRUNE OF SAID ALLEYWAY DED 70 INE PONTa�OF BEGINNING. I lace I tore I 1114 I Lola I URT2 I 110. 1 1 f I _ � � 1 a un1rtS 00'10'43' E 7.5suollQ)-4......... LOT 7 LIMIT 5 ALLEY 89'5454' w 3a0•20'IC) 3C04.100) II 00J CLOCK 11� PROJECT SPECIFIC NOTES" 1) UNLESS SHOWN 07h'ERW15E; ALL DIMENSIONS ARE CALCULATED(C) AND MEASURED(M). 2) 511E ADDRESS 701 NERD 51REE7. 3) PARCEL ID: 3-15-.37-35-0010-01160-007a 4) F..LILAR ZONE -AE- ORE 16) Cr MAP NO. 12093001806 DARED 0746/15 N078 ALL IMPROVEMENT UE IN ZONE ' . 5) THIS SURVEY IS NOT /N7ENDE0 TO DEPICT JUR/SD1CI7AYAL AREAS 01? 0711ER AREAS OF LOCAL CONCERN. 6) 771E LESCRIPRCN SHORN HEREON WAS PROVIDED BY THE CLIENT OR 77/E CLIENT'S REPRLNTAR4E 7) BEARING REFERENCE~ 171E NORTH RIGHT-OF-WAY LINE OF NE .3RD STREET IS TAKEN 70 BEAR NCR71/ 895352' EAST. 8) SURVEYOR WAS NOT PROVIDED 41771 ANY RILE INFORMAROV Fla? THIS PARCEL SURVEYOR ASSUMES NO RESPCWSS/U1Y OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHORN HEREON, THERE MAY BE 0711E1? EASEMENTS OR RESIRICRONS 771AT EFFECT 771/5 PARCEL. 77/5 SURREY DEPICTED HERE IS NOT COVERED BY PROCESSIONAL LIABILITY INSURANCE AD17171ONS oR vaEws 70 SURVEY MAPS OR REPORTS BY ES IS PRO�WITHOUT /T1EN CONSENT 771E SIGNINGN/NG PARTY O4 PARTIES RIY O4 `L� 10) DATE OF LAST REID SURVEY.• 024249. 11 ar10'45 w 7.10(0) `s05540) 0+101(0) S 09'53'54' W 114.40141 LOT 9 LOT 10 I LOT 11 TOTAL PARCEL CONTAINS ±0.50 ACRES t LOT 12 RCM CLOX *05/0P 10 IWO 3/1r wsu mr an aliY K VSG 111a04(C) 0,5/) C 1710.115 1 is m i1 �r O.R.B. PAGE 1370370 (D-s„er, 0LLWIae N B9"53'52• E 300.21 IC/ a000I(P) as a aa1.+1.0 n[000 00 11 __ rosea 0(103011CrrSEI 7.0/ KO 107426) N 59'5352- E 107.0 0) rn.aw.001l o,0m.. P.B. ' 11. / BOUNDARY SURVEY 02/12/19 348/34 WC KAB OESCRIPION 0(4G. 0.47E AB/PG BY CK ST„II£ 1' = 30' DRAWING NUMBER: - LEGEND 0 -Set Iran Rod and Cop 'KA6 LS 4820" ■-Found CM e -Found Iron Rod (and Cap) B -Found Pipe (and Cop) ABBREVIATIONS rt•eaatc 1341,3l0Cm7A1 4'C.,ont* c 0.CotNa110 CAN•CW, 17. C2. Calvet. Vorament a05C-Co+v.ic 0-0..0 4-0010 co Can00 Anpic E -Ent• EtY•Ec+trlr. ER.Fetr or Po..nmt E411•COun.ntt PlA0145:00 00x00 Rete LIG, 00.rer.0 2 -em Pro RE(C)-Lm Rol (rid 0 C9k 9.4.) lr.plf: 1.1•11eacn4 =01.0=0,90 5.00{0 605•110UMI 500(07.450 i0 0,06( 5 Vodka! (Worn) 011920 015.500 to 500 040.0105co0 w.a5 4,,,M17 1400 P.P. PC -0001 of alnotva PCC -P001 at Coapwnd Com.. PCP. Prrnrnml Control Pmt: PC5•Ponl of a1gnt0 POC•Panl 3/0,1,30092000 P25.500 al Roerfo30 Gnnhv< P0r.P0monnt 0,1001tt Yo.onmt P1•Panl (1 Fn N a Z mU al oa 0 Z O /STANDARD NOTES: 1. No eeareh of the public records for determination of ownership or rnlrte6ons affect/ng the lands shorn was performed by the surveyor. 2. The survey depicted here Ie prepared oocuohsly for those parties noted. 3. No responsibility or liability is assumed by the survey.. for use by others not specifier -11y named 4. Not wild without the signature and embossed seal of Florida licensed surveyor and moppet- 14620. 5. There aro no visible above ground enoroachmante except as shown. 6. No attempt was made to locale underground Improvements and/or encroachments (If any) as part of this survey. 7. This purvey was prepared In accordance with and conforms to the standards of practice for professional surveyors and mappers as outMed in Chapter 5.1-17, Florida Admntltmtim Code. PROJECT SPECIFIC LEGEND: aR.Et - OFFICIAL RECORDS BOOK P.aB. - POINT OF BEGINNING P.aa - Paw- OF CCOIMENCEMENr (C) - CALCULATED (0) - DEED (M) - MEASURED (P) - PLAT PREPARED FOR 711E EXCYUSYVE USE OF: ANITAS RENTAL PROPERRE6 LLa 1rArc r¢1 INTENeen Y 53001E til'•= ?.... . iii .. 1 TRADEWINDS SURVEYING SERVIVE 200 S.W. 3rd Avenue 'O Okeechobee, FL. 34974 Tel: (883) 783-2887 Fa.�. (883) 783-4342 Email( kab.twp000J81o0r oQ Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Anita's Rental Properties Address: 701 NE 3rd Street Petition No.: 19-002-R 137 Jackson Sheet # 206 Fort Myers, R 33901 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R General Information Owner/Applicant Applicant Phone Number Applicant Email Address Site Address Contact Person Contact Phone Number Contact Email Address Anita's Rental Properties 701 NE 3rd Street Okeechobee, FL 34972 863-634-1289 anunez974@yahoo.com .11111111 701 NE 3rd Street Anita Nunez _ 863-634-1289 anunez974@yahoo.com Dast.Litualklathouo • Parcel Identification Numbers: 3-15-37-35-0010-01160-0070 Legal Description: CITY OF OKEECHOBEE LOTS 7 TO 12 INC BLOCK 116 TOGETHER WITH THE FOLLOWING: CITY OF OKEECHOBEE A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EAST ALONG SAID CENTERLINE OF SAID N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID LOT 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. 1 planning Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R Re • uest The matter before the Local Planning Agency and City Council is an application to rezone a 1.449 -acre parcel bounded by NE 3rd Street, NE 71h Avenue, and Taylor Creek. The request is to rezone from Light Commercial (CLT) to Heavy Commercial (CHV). The Applicant has stated that, if the rezoning request is approved, a special exception use petition for a recreational vehicle park will be following. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. Current Future Land Use, Zonin • and Exisltin • Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Commercial Light Commercial (CLT) Office 1.449 Acre Proposed Commercial Heavy Commercial (CHV) Recreational Vehicle Park 1.449 Acre Future Land Use, Zonin•, and Existin• Uses on Surroundin• Pro•erties North Future Land Use Map Classification Zoning District Existing Land Use Commercial Light Commercial (CLT) Taxidermy and Wholesale and Single family residence Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Taylor Creek Taylor Creek Taylor Creek Commercial Light Commercial (CLT) and Heavy Commercial (CHV) Parking lot for restaurant and Service commercial Commercial 41:tt-, Light Commercial (CLT) Vacant 2 planning Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R Anal sis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "Proposed rezoning is consistent with the Comprehensive Plan with the approval of a • special exception" Staff Comment: The subject property is designated Commercial on the City's Future Land Use Map (FLUM). Both CLT and CHV are listed as zoning districts which may be appropriate for the Commercial Future Land Use designation. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "Proposed use applied for is listed specifically as a special exception to Heavy Commercial Zoning" Staff Comment: The Applicant has stated that the desired use for this property is a recreational vehicle (RV) park. That use is not listed as a permitted use in the CHV district, but it is listed as a special exception use in the CHV district. The Applicant has stated that a special exception use petition will be submitted if this rezoning request is approved. 3. The proposed use will not have an adverse effect on the public interest. "The proposed use will not have an adverse effect on public interest" Staff Comment: Depending on the location, an RV park can have an adverse effect on the public interest. RV parks provide allotted spaces (lots) where patrons with RVs can stay overnight or up to 6 months. Essentially, this is a type of transient lodging. Okeechobee Code Section 90-700 allows up to 15 RV lots per acre in a designated RV park, which translates into a potential maximum of 21 RV Tots on the Applicant's 1.449 acre parcel. The subject property is located in an area with some service commercial and predominantly single family residences. Allowing for this many temporary dwelling units could have an adverse impact on this existing single family neighborhood. LnRtc ptanni:ng 3 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location" Staff Comment: In addition to the RV Park, which is the Applicant's intended use, the Board must also consider the uses that would be allowed by right if this request to rezone to CHV is approved. The subject property's current zoning of CLT already allows for several types of commercial uses. In addition to the uses allowed in the CLT district, the CHV district regulations allow the following uses by right: (1) Retail service, retail store including outdoor display of merchandise. (2) Restaurant, take-out restaurant, cafe. (3) Dry cleaner/laundry, laundromat. (4) Funeral home. (5) Hotel, motel. (6) Private club, nightclub and bar. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (14) Taxidermist. (17) Indoor auction house. Several of the above uses could have adverse impacts, including significant increases in vehicle trips and noise. Most of the above uses would not be appropriate for the surrounding neighborhood, which is predominantly single family. The current zoning of the subject parcel provides the best compatibility with the directly adjacent parcels which are all zoned CLT. Staff acknowledges that there are properties with CHV zoning to the south of the subject property. Those properties are generally the outermost extent of the Park Street commercial corridor; and historically, it has been the goal of the City to limit the heavy commercial corridor to properties that are within a couple blocks of the state roadways (Park Street and Parrot Avenue). 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 use will not affect property values or living conditions" Staff Comment: It is likely that increasing the intensity of the subject property by allowing an RV park would affect property values of other nearby parcels. LaKta ptann ng 4 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "Yes, there will be suitable landscape to buffer any nuisance to the neighborhood" Staff Comment: Significant landscaping, beyond what is required by City standards, would need to be planted to have any effect at reducing the potential impacts of an RV park. No amount of landscaping or other buffering will negate the effects of increased vehicle trips that would be generated by an RV park. 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 will not overburden any public facility" Staff Comment: Continually allowing expansion of the heavy commercial corridor could increase demand for services and potentially overburden some public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "No there will be no traffic congestion or affect public safety." Staff Comment: Without a proposed site plan or a traffic impact study, it is difficult to know what effect the Applicant's proposed use would have on traffic congestion. However, the ITE Manual trip generation rates for an RV park suggests that approximately 108 vehicle trips per weekday would be generated for a 1.449 acre RV park. Any new site plan would have to meet minimum stormwater management requirements according to City Code Section 78-101. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is free from unnecessary restrictions" Staff Comment: We agree. LaRue phanning 5 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R Recommendation Based on the foregoing analysis, we find the requested rezoning from CLT to CHV to be inappropriate for the subject property, incompatible with adjacent land uses, and contrary to the established and desired land use patterns. Therefore, we recommend Denial of the Applicant's rezoning request. Submitted by: Ben Smith, AICP Sr. Planner April 9, 2019 Planning Board Public Hearing: April 18, 2019 City Council Public Hearings: May 7, 2019 and May 21, 2019 (Tentative dates) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs Lanae pfanning 6 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. '19-002-R Cf s LCD > s w z FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE DNt LE - FAMILY - MULTI -FAMFLY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED i ISE LaKr planning 7 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R co w z ZONING SUBJECT SITE AND ENVIRONS ZONING . CBD -COMM BUSINESS DISTRICT r- CHV. HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFF C = H - HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES FUD -MIXED FUDR RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME RSFI • RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY 12 LaRi+a ',tanning 8 Staff Report Rezoning Applicant: Anita's Rental Properties Petition No. 19-002-R AERIAL SUBJECT SITE AND ENVIRONS LaRue p4anning 9 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date: Nirj({i 61 ZI9 Petition No. /q -Obi --i\ Fee Paid: tot Jurisdiction: Ho- e_c_ 1st Hearing:' 2nd Hearin �''�! 5/,///9F -„,(Okeechobee, F9 g' ��I�/9�� Publication Dates: p 5 3/31d tl E hJ CO, 511,:?t Notices Mailed: L'(3 it 9 "k� ` ,� Rezone, Special Exception and Variance APPLICANT INFORMATION Exhibit 2 1 Name of property owner(s): C,obe_-e, oLini j 2 Owner mailing address: (403 kk\ki a AJ2 fly Qe,,t�� c--,_ 3 l0es(1grja `1 3 Name of applicant(s) if other than owner 4 Applicant mailing address: _ . E-mail address: bc'olCe_ (s -1,.. e o-O�,e��y.,obeQ.. _k. SAS c j i•�usbio (? op. of<ecci-tob .f(.a5 5 Name of contact person (state relationship): ,. ��l 10, � titeli 6 7 Contact person daytime phone(s) a Los 9 to 3_ss „It , j,, SFxjivi6s4' \ 4 .. , x. PROPERTY INFORMATION y' , ' Property address/directions to property: j\off- 10/ , 0._.:%\-1 o).- O1,¢.ee�nobsi_.9 -. 8 Describe current use of property: c V exC.0 4 , cn_..I : ous\.f o C.C1u.Q ; eeS. 'ol c.- ro r, - c cv •'\--- 0..0\4_ne_\1 \e.g.s: rq 1. Rro.1?Q,(a-i cY- UtL s„rj ,b . C0u1,11 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. %(-,\\ se Ia- Viten 601, r-oV 5`n12 A Source of potable water: kip, Method of sewage disposal: 0.),, „a 10 Approx. acreage: ,0,11:,i Is property in a platted subdivision? 11 Is there a use on die property that is or was in violation of a city or county ordinance? If so, describe: `� 12 Is a pending sale of the property subject to this application being granted? 13 Describe uses on adjoining property to the North: n ,,�m� North: O e.9. East: cy,,rw ci t Yls- eco\ 11�', e_it. South: rw�c1, �cal�u t� West: ,-, \� 6o.w.:Vi-D. „A\ ;.r`c`. OA�:e_e1 14 Existing zoning: e_.?O Future Land Use classification:-"puNovc. cocA,Ve5 15 Have there been any prior Fezoning, special :exception, variance, or site plan approvals on the property? (( ( es I ,4 yes provide date, petition number and nature of approval. ., , ` 16 16 �� Request is for: (�[J Rezone ( ) Special Exception ( ) Variance (?��ai 17 Parcel Identification Number: 3 _\S - 3`I _ ss - od \o - o'of- c, - o wiz) (Rev 2/2019) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For ques i a ns relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2of11 REQUIRED ATTACHMENTS ; 18 Applicant's statement of interest in property: owNERN 19 Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20., Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For ques i a ns relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2of11 Legal Description The North 93 feet of Lots 1, 2, 3, 4, 5, 6, Block 107, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. A ADDITIONAL INFORMATION REQUIRED FOR A REZONING Current zoning classification: be 0 Requested zoning classification ll. B Describe the desired permitted use and intended nature of activities and development of the property? 1 Cao..rp. Cc .sQ,r ----1 4 C�4\1 .RUNG 0,r.c1 �.1\1,z.. i l;te,ers.Q.. u,\c�;nq C Is a Special xce tion necessary for your intended use? ( )( ) No (_) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? (1() No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 2/2019) Page 6 of 11 Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 2/2019) Page 7 of 11 Okeechobee County, Property Owner Block 107, City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB) Okeechobee County owns Block 107, bounded by NW 5th Street, NW 4th Street, NW 3rd Avenue and NW 2"d Avenue. The property is currently vacant as structures on the property were demolished last year. The property most recently functioned as the ARC Rehabilitation facility. The entire property is in the Public Facilities future land use classification. The north 93 feet of the block is zoned Commercial Professional Office (CPO). The remainder of the block is zoned Public Use (PUB). Okeechobee County is relocating several government offices to the site. A new building will be constructed to house the property appraiser, tax collector and driver's license offices. The building will be in the heart of the city's commercial and office district, near other county government offices and in the midst of a range of commercial and office uses. Noting that the city's land development regulations specify that only the Public Use (PUB) zoning district is consistent with the Public Facilities future land use classification, Okeechobee County requests that a change in zoning be granted for the north 1/3 of the block, restoring a consistency between zoning and future land use, and allowing the construction of the new county government office building to proceed. Okeechobee County requests the city review and accept the findings below as they pertain to the request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The entire block, all of which is owned by Okeechobee County, is in the Public Facilities future land use classification. The south 207 feet of the block is zoned Public Use (PUB). The north 93 feet of the block is zoned Commercial Professional and Office (CPO). According to the comprehensive plan, only the Public Use (PUB) zoning district is consistent with the Public Facilities future land use classification. The requested change in zoning for the north 93 feet, from CPO to PUB, is consistent with and implements the comprehensive plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is a government office building to house multiple government agencies, including the property appraiser and tax collector. The Public Use (PUB) zoning district allows public facilities and uses as permitted uses, which would include the proposed government offices. 3. The proposed use will not have an adverse effect on the public interest. Maintaining local government offices in the same vicinity should have a positive effect on those who need to seek the various local government services. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The property is in a commercial and government district. Zoning to the east is Heavy Commercial (CHV), zoning to the north, south and west is Commercial Professional Office (CPO) and zoning to the southwest is Public Facilities (PUB). Surrounding development includes professional offices, government offices, a pharmacy and a restaurant. Additional government offices on the property are compatible with adjacent land uses and is consistent with the existing and likely future land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Surrounding land uses are almost all commercial or government, and surrounding zoning is all Public Use (PUB), Heavy Commercial (CHV) and Commercial Professional Office (CPO). Developing a compatible use such as additional government offices would not adversely affect property values or living conditions, and should not be a deterrent to the development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use is a government building. Surrounding uses are other government buildings, professional offices and other commercial such as retail. The proposed use is consistent with the prevailing development pattern. Buffering provided by setback and landscaping regulations should be sufficient. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The property is in an area of government offices, professional offices, and other retail and services in the expanded area. The proposed use of government offices should not overburden the various public facilities in this area. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use is government offices, including the property appraiser, tax collector and a driver's license office. These government uses can get busy, especially during the winter season. The existing traffic circulation system in this quadrant of the city should be sufficient to manage traffic. Drainage will be addressed during the site plan review process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use is a government office building that will house several local government agencies. The use has not been inordinately burdened by unnecessary restrictions. COUNTY DEED uy Application-iNo,..__193... _..._.._ Deed No.... _MA UNDER CHAPTER 194, FLORIDA,'STATUTLS 1941 Okeo.ciioboe COUNTY. FLORIDA This deed made this ....15..th....d:n• of .........._a1?r31.A- D: 19,1 6., by the County of Okee.cl•oi ee, , State of Florida, party of the first part and as.. Truste of the Ckeeci d ee .e:nor s1 Hospital _ ..... ........_......... party of the second part, WITNESSETH: That the said party of the first 'part Tor and in consideration of the sum of IS . 50. QO ,) ^iSty...... ti?,o%1OO W.._ Dollars to it in hand paid by the party of the second part, -the receipt whereof is hereby acknowledged, has granted, bargained and told unto the party .of the second part, his heirs and assigns forever, the following described laud, to -wit: lying and being in the County of Okeechobee, State :of Florida: Leta.• 1 to 9 inc. and 11 and 12, B11_. 107, City of Okeechobee according to plat thereof _fled and recorded 11: tine office of the Clerk of the Circuit Court In and for Okeechobee County, State of Florida/ . "i ! i J •a 1 . ; _1 p., . PFLICIAL sEAytt. • iN TESTIMONY VFIERROP, and by Virtue of tate authority vested by law in the Board of Cognty Comaiissioners. and for' and on'behalf of the County' or, Oke0C !. ec ... •„ State of Florida, we, the under- signed,. as members of the. Board of Cuintty Commissioners for the County and State aforesaid have.exeeuled this deed and have there - Onto set our offkci4signatures and seals, atte tedby the Clerk of the Circuit Cotu•t for said Cou)lty..this the....._....___,6th._..._......_... ,day of Signed, serried and delivered in. the presence of: ATTEST Clerk Clrcuit'eourl Okeechobee ••_ w County, ,Plorid;t: -/�Gtltt 1\100dr Doart County Connntsvl 'CAL)ott .„-X1`..... (SCA.) Meotbu Dorsi County n nissioners ')ae r tt and County Conmttsrioncrn meat %.IIWlyd County rs (SEAL) hteinbcr:Ionrd Couni);:Comnttcatoncrs ors ''SLATE OF FLORIDA, County of..__.._Okec.__.,.choboo_.._.._.,_..._._......_ I HEREBY CERTIFY That on this day perSOnaliy appeared before mc._._�...D..�...,prac�dy ..._....._..._� 1d03.1o3.: .....B._._Q. Swain ................_.:_.... F. {feaker„ _„ _, •_ known to me to be the qualified And acting:County Commissioners OYe.echobo of_ _ .. �.. __.. _.__..___...._____Cottnty, Florida. and constituting in theaggregate the Board of County Coin= 0keochobeo missioners of. __.. -..._.____.._County Florida who, being by me first duly sworn, did acknowledge that they executed the foregoing instrument as numbers of and constituting tlie Board of County Commis- sioners of_: Oltoocnoboo; County; Fiot•ida, freely and voliintnrily for the uses and purposes therein described and .././44_92-..1!.. Ratil.02SKiti to me to be the quaiified and acting Clerk of the Circuit Court in and for. Okeeehobeo..........County, Florida, who, being by inc .first duly sworn, did acknowledge that he signed the foregoing instrument and affixed thereto his official seal, freely and voluntarily for the. uses and purposes therein explained. IN WITNESS WI•lEREOF, I have affixed my hand nnd official seal this_ _6th ...day of:__ s�......._ • t;: t r\.•D:184 M COUNTY DEED STATE OF .FLORIDA, . r1.:..j. r. 4... •ul•. , , N 3. 0 Cf H U 3.. 0kecchobac County af;': ., _,.. ._ 13e It .`Remembered, Tlint: oii :this.... �t11 _ .day of.. .. MaY. , - ..... _._.._.... ..____, A. D tlie. foregoing: ntstriinient of writing was incscntcd for record to the subscriber,. the Clerk of the Circuit Court m and for thecotmtyaforesaid, and -the same being properly mithenticntedr,I)hive duly recorded; the. same in,. Have �crIfted LbpteQpi fr'";^,j �-• ,' • .4�y� InTestimony Whereof, I u 7.�'et,my httt nd'affhcd Ilse • seal of said Court the d iLyr.a t ' et a oko. en i iled ' • Clcrk.Circuit Coju County ?IA 4 'J I•i COUNTY OF....M.e.achob.a.e._...DEED STATE OF FLORIDA THROUGH THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OP THE STATE OF FLORIDA, GRANTOR 11) 11) H. 11, Raul arson as Trustee for. Okeechobee. Memorial_ Hospital of the City of. _Okeechobee . County of. Okco.chobee....., State of Florida, GRANTEE W ITN ESSETH : WHEREAS, hi pursuance of provisions of Section 9 of Chapter 13296, Lnws of Florida. Acts of 1937, title to the lands hereinafter described vested in the State of Florida, and the said State by said Section of said Chapter is authorized and empowered to sell said lands through the Trustees of the Inter 1na. 1 .mprovement Fund of the State of Florida; and • (2) WHEREAS. pursuant to NOTICE duly given by said Trustees of the Internal Improvement Fund, the land referred in hy the Certificates hereinafter described was offered for sale on the _1 ?.day of April , 19.1 6 , the Count:. of Ok.e echOb e , and bids were received, and the said Trustees having accepted the highest and hest hiti for said land, and having awarded the sale of the said land to the person making such bid, said person being the GRANTEE herein named; 'Therefore, Et) KNOW A1,1, MEN BY THESE PRESENTS: That the State of Florida, through the Trustees of the Internal Improvement Fund of the Stale of Florida, tinder authority of Section 9 of Chapter 13296, Laws of Florida, Acts of 1937, for and in consideration of the amount of TPA. 3M. - - - - - - .DOLLARS 10.00 ) to them in hand paid, the:receipt of which is hereby acknowledged, have granted, bargained and sold. and by these presents do grant, bargain, sell and convey all of the right, title and interest of the State of Florida arising out of said Section 9 of Chapter 13296, unto the said GRANTEE,hisketro, successors and assiens. in and to the following described land, situate, lying and being in the County of...Oke.echob.eg State ef Florida, as referred to, identified and described by State and County tax sale certificates to -wit: 1.11 No. Date DESCRIPTION See. Tp. Rg. Ac. Amount Reed 917 1930 5936 1933 Lot 10, Block 107, City of Okeechobee 5.00 926 1930 .124, -City of Okeechobee 5.00 6019 1933 - • -• -- /1. • •. (5) AS TO ALL LANDS. there is reserved unto the State of Florida the title 10 1111 undivided one half Of all petro- : leuth and petroleum pi oducts. and title to an undivideiIthree- fourths of all other Minerals which may be found on or under the'said land. together with Hie privilege outside any municipality, this date, to explore for,andto Mine and develop same. Said privilege to explore, .mine and develop is to be conducted on and under lands inaile any municipality. this•date,-only.with the consent. of the surface owner. • • (6) AS TO ALL LANDS outside of any muniCipality.-ns of this'date.there• is reserved unto the State of Florida an easenient foe Stitte road right of ti iv two hundred feet (21.10) feet wide, lying equally on each 'side of the centerfline of any state road existing, on the date of this deed through so much of any parcel herein described is within one hundred (100)..feet of said center line. (7) TO FlAVE.AND, TO HOLD the above granted :End described premises unto the said GRANTEE, and hi. a , A.Iirx,,successi.irsaed assigns forever, all in pursuance of Seetion 1) of Chapter 18296.aforesaid. ..(8) IN -TESTIMONY. WHEREOF the said Triistees of 11161Mo:rind Improvement Fund of the State of Florida have hereunto- subscribed their nanies and affixed the official seal of said Trustees, and have caused the seill of the • Department of -Agriculture of the. State of Florida to he hereunto aflixed, at. the Capitolin. the City of Tallahassee, on this the MAY 13 1946 • (SEAL, • • 'STATE OF FLORIDA ' TRUS'ffIES INTERNAL !IMPROVEMENT FUND • • DEPARTMENT OF • AGRICULTURE 1 C-OVERNOR (SEAL) 4 t1 COMPTROLLER. (SEAL) C _TREASURER (SEAL) _ _ATTORNEY (SEAL) - • _COMIM1SSIONER (SEAL) • _ OF AGI(IOSJLTURE , As and EoilipoRizig the- • - TRUSTEE'S OF TITE-INTERNAL IMPROVEMENT FT_IND OF.THE STATE OE -FLORIDA. - Ih(e Document Prepared Dy. E. T. Hunter, Esq. HUNTER & HUNTER, P.A. 1930 Tyler St. Hollywood, FL 33020 Parcel ID Number. Docum�rein1t::ry Stamps paid in tho antouid ut , rV $ Oa-.6-1fii Clock of Clrcutt Court data (Space Above Md. tine For Recording Dales] OW 356 PACE 81 Quitclaim Deed This Quitclaim Deed, Made this day of May , j994 4 .D., Between 1t. G. Culbreth and David O. Hamrick, as Co -Trustees under the Richard Ellis Ui:nrick a/k/a R. E. Hamrick Testamentary Trust U/4f dated August 5, 19713. of the County of Okeechobee Stale of Florida , grantor, and Board of County ",_Commissioners, Okeechobee County, Florida ,czn.,.; , ho.c add,.... ` 304•;.NW .2nd -Street, Okeechobee, FL 34972 Ir' 3O, 4;j,�v A tt;7. '--Okeechobee oflneCauntyof , succor Florida ,grantee. Witues'seth thi the GRANTORrfor and In consideration of the sum of TEN,:.NO/100($10.00) DOLLARS, and o her good and valuable cunsideratitia;ta GRANTOR in hand paid by GRANULE, the receipt whereof is herebyacknuwtedged, has gradeit, hargn:aed and quitclaimed to the said GRAlkel :r: and ' GItAFIEE'S heirs and assigns forever, the following described land, situate; tyingand.beingInthecountyof _,.Okeechobee. .. ,Stateor Florida, towit: ••,. That alley Biock�''Ok 107,tCity of eechobee, as it runs from Northwest Second Avenue to Northwest Third Avenue: Between Lots 1-6 and 7-12 located within thee City'of' Okeechobee, itloruLi, and found in Plat Book 5, Page 5, Public's Records of Okeechobee County, 74rlorida 'z 5.. .v. i h: :i.t .sF''d r'eGv4-. rr �, To Have and to Hold slit, same together with ali and singular Ile appurtenances thereunto belongmgior in syfnsa. J} apitettaining, and all the -estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law; or equity, fur •':`;" the use, benefit and profit of the said grantee furevcr. 2/,�, v: s In Witness Whereof, the grantor has hereunto ccs their land and seal the -dor ..n omnen. la 1 y� ! /' " tame: ` `, H . G`. r be Eo=T stea Priv • • tame : 417, 2 1 s p ' Wi a r lligr // ie. Print Name:.../( col Q' )(M% D vaD td O. Hamrick, Co -Trustee Witness' Signed, sealed and dettvered in our presence: . STATE OF FLORIDA COUNTY OF OKEliCHOBEE 'i !e foregoing instrument was acknowledged before me this '— O Z / duy:or. H. G. Culbreth who are personally known to me or who have produced - - - as identification and'who did take en oath. May , 19 94 by JUDJTtl N. CN.DWELL • / /J uv caugissroa txPtiIEs ��lff• f�% ( �L-i k? t/2" May 5, 4995_ CC lOSsc,7 7 eatweo mnu xorurr vwuo t.119EI wteNSBrxnted Name :.J , , /i,, i, it'/ ,7 e%/ • NOTARY rums Mvrnmaiss.hm Visidsca L. . . • • 356 PICE 82" STATE OF FLORIDA: COUNTY OF JaKEEP.HGBER: SS. LrYitnt.)11.1.6e-, SWORN TO and subscribed before me this .17 day of May, 1994, by David O. HamriCk, who did take an oath. • ..WeCtiinkstlIon Expires: NO LI N : C MMISSION 0.: .1 Rotor/ Puolic• StB1OI floddt MycOmm exp1reoliov.611995 ComM.fio GM= i -'3i"''.:•-1 t.l. ..,...•;:ct. -'....0 '' - 1. !T:.....11NQWN TOAE. 'PERSONALLY OR PRODUCED IDENTIFICATION -AViAqIWIDENMFICATION- PRODUCED ,ecla.•,:7,------,;.-94,. , "i.b•;••.•••;:5P.' • - - . % liP.••• ...„.c.fr-e-.4:41. '•*:,1k 4-e• •-.0- _.•:-•:" 4 1. & -1-• - is? A. R ,. ,„,... ....,,,,„ , •-•-A--,,,o — ........ ...„, -,,,, -,,,,p- A ,-, "fr 1/4, , • ”Z% 3..N• ..e." ,..?1 ,'*- ' s•:. 1.;.: •• '''''tiXt!,'Og''''.1- ''''' 4... .4) ...- •-,•-•4.. .4.--- ;.., •,..., :,..P i It 44... 4D, L ,F7 1) T J 4, .„." -,:, •,..<- _ f Af , . ,.),_ ...,,s- ,44 -,,viz,,,,- .. . 17?....q5 &- gr ••• '''' •ili ..e.1 •44:•,.., .., ,,...I.A' hr .1.•,;r• ,ie .. -.0 -te .... .,-e i mr, Ire; ,ogs:yz.6..tx. J., ,y G•i! c..:r, ,-,.-...,..-, ,:•, oi g .,.,y - 1.7.7 c .., rn rn••;• 1:•••-•. kl- c)C3 '..% i •••Y x,-ri. V. 46/141::k 7 ioN "V000 444, 70.v Cia • p r00 • . 4 Prepared 13y and Return to John D. Cassels, Jr., Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 File No.: 7633 Parcel ID Number: 3-15-37-35-0010-01070-0070 1111111111111111111111111111111111111111 Q U FILE NUM 20115006 172 OR BK. 762 PG 114 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 07/01/2015 04:28:39 P11 ALIT $10.00 RECORDING FEES $0.00 DEED DOC: $0.70 RECORDED BY G 11 wbourn Pas 114 - 115; (2 Pas) QUIT CLAIM DEED THIS QUIT CLAIM DEED executed this p'!O, day of May, 2015, by OKEECHOBEE REHABILITATION FACILITY, INC., a Florida Non -Profit Corporation, whose mailing address is, 403 NW 2m Avenue, Okeechobee, FL 34972, first party, to OKEECHOBEE COUNTY, a Political Subdivision of the State of Florida, whose mailing address is, 304 NW 2' Street, Okeechobee, FL 34972, as joint tenants with rights of survivorship, second party. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, whcreve T atintext so admits or requires.) L_ WITNESSETH: hat the said first party; for and in consideration of the sum of $10.00 in hand paid by the said secondf arty, the receipt whereof\is hereby acknowledged, does hereby remise, release and quit claim unto tiefsaid second party forevers'11ithe right, title, interest, claim and demand which the said first party has in andrto the following descrtbedtot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida to wit: - tiGots 7, 8 9;10 l 12, Bl9-057rtiiidlhe ut47 fest of Lots 1, 2, 3, 4, 5, 6, Block 107; s piSiilsoithe 0 footA111031ying between Lots#1, 2, 3, 4, 5, 6, Block 107 and Lots 7, 8, 9, 10 ht';12 Block 107.E eechobee, as recordt:illin Plat Books, Page 5, Public Records of Okeechobee Cit Florida. SUBJECT' TO restrictions;tre�ervations and easementsl_ofrecord, if any. F '-`lam, f-:: Y't�j!s. TO HAVE AND +wIHOLD the same togetheiwith all`andisingular the appurtenances thereunto \:�=7 r�; ". f':�r,�.� .dPc<io:�E=.`-:'cam belonging or in any wise apper,tnyning, agd3,a-lll th estate/right ule, merest lien, equity and claim whatsoever of the said firstparty;eitherini ror qurty,totheonlyproperusegbenefrtandbehalfofthesaid second partyforever. �x -� �,' 'S fr \ IN WITNESS WHEREOF the said first party,has•signed andsealed thesevesentsithe day and year first above written. Signed, Sealed and Delivered in the presence of: 1 ITNESS-Signature 1° Wi mess -Printed Name ITNESS-Signature b -S -d �1�I 11 s a n 2'a Witness -Print Name (7633.213654.WPD] Book762/Page114 CFN#2015006172 OKEECHOBEE REHABILIetAt 1T•( ©N FACILITY, A Florida Non; 'rOliff orporatton 4`s�../ BY: ISIDORO (SID) E Page 1 of 2 :RADA, President Page 1 of 2 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this day of May, 2015, by ISIDORA (SID) ESTRADA, Pres dent of OKEECHOBEE REHABILITATION FACILITY, a Florida Non - Profit Corporation, ( () who is personally known to me; or ( ) has produced for identifi . thn. NO A • PUBLIC My Commission Expires: LINDA WILSON Notary Public - State of Florida •= My Cammx fres Jul 24, 2016 Comma % 3F EE 209495 °°` " Bonded Through National Notary Assn. IT IS HEREBY CERTIFIED THAT WE HAVE PREPARED THIS INSTRUMENT FROM INF75I Al IO GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY�OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT „ ,.., ., EXAM NSTHE'• aT 'E�,,TO:THE PROPERTY INVOLVED. [7633-213654.WPD1 Page 2 of 2 Book762/Page115 CFN#2015006172 Page 2 of 2 BLOCK 93 66 • 7733 nti6ny e ner alSr Nam itNEP RCP M0ro'm I W 2,124. 110 91111 MIA! • zor 1013601 • pa. •Ir nor 4m 41a,cmc 27, DST WM X08 anar-336,':5 pro •nom mot •�� 00• 36136 •/ 31 SM. OMNI. 51. AB1EV COMM Pail "•'a46W MAla AY yr e68ae . 509.376391' EASING. MUM IMAM . MY 1 - GUM • 2376 �Irp� BLOCK 92 .9,9996 95,999, BOUNDARY AND TOPOGRAPHIC SURVEY PROPERTY APPRAISER, TAX COLLECTOR AND DRIVER'S LICENSE BUILDING SITE LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLA. BLOCK 91 x � Yoi• E nan4f) 3.71-tP) .iT93.-.ou°0.M N.W. 5th 5611664-(4) ELEVENTH STREET -(P) ORB _ 5466,7 61 pa • NIT )YaRM amr(P) .. >.. 4. v ,.T,.. \ v Ms Id OW ito 093 AR Is Ao• 7 0'N 89.48.01. E 300.3t-0 30040 0 1 1 1 1 sue Yr. row - 6 w 4- 5 r.o We SIM NCO AV alN . 6 1- I 2 se 12 tsa LL PLATOBOOK H5,, PAGE 5l --I_ BLOCK 107 I_ 1 -- aa IM, ,711 'sVZ. 1 01064 1)2643)E1. 112: 3-15-37-35-0010-01070 0.11. 6001( 762• PAGE 114 511E 7000000 403 N.W. AVENUE OKEECHOBEE, R 34972 2 272 269 X11 rlf PRI CAM 7 X640/o` 109 110 101 10 I I N 7901'33• E 299.73'-0) 300'-(P) (BASS OF 8EA4N0S) 11 12 0.1411.17 n• Av,� \ \ \ \ \ \ \ \Aa1, \ \ \ \`1411\ e\ \ \ \ \ \ \ \ \ \ \ \ N.W. 4th STREET -(F) -TENTH STREET -(P) _._.101_.-.- -.-.-.---^'° x�. lar.L :J. -.7041.-.-.-.-. -. vv G 07«06 BLOCK 125 51363 rwLC wia MN ro MURAIT . N/ 401 94'210 10/0t- 2/44 Sr ro cr 571,671.63 .0.r S s...Et AS 01360116 OS 66361 70 61 11 THE 01103 4/01101/3 1 TS64E SAVE= I.U45 66506040 .AFM 44 L a 0 MNO 0.16.1316053 23 m.frDei WW1 tt BY AM OMR 6s3sC600134044dMAMM. II NAL MO I=PONT V.A. MAY Pr 10180.0. 1.50411.441' 16404)44 - 0063' 9691 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ BLOCK/ 124 Asa MR • VI e0No 0 n• aan-aGs. Aa OA I RAH s, 76 M 1.2060 0 0 03 1 Mat kunicur 13:7-• V&7r wep ta r5• moo rbY erre sat -vera; s-.-.- 901 (BLOCK 123 Pa, 57.73 .219.4 0. )81 ir 30 0 30 60 90 SCALE: 1' = 30' LEGAL DESCRIPTION Las 1 dvmpll12 Bak 107. a. also the 20 aeoy tyro between tds 1.2. 3. a. i G Bock IOt alni.197,0.9,10.11,120107,01eesho6ee, es !molded N Plat BGch S, Poge S, Pubic 0000Md OkeW40010Cm37. Planta. Cm1'sirg 90,Oa S011201a:L 1107 a6es), mum or lass SURVEYOR'S NOTES 13 NAG, and co Eeaigs sham bacon me base] an Florida Gale Plane G00tooms. Flom E 0Z01esang 01,011018T1t0 GFAGRlltsaves and a729x0/5sdu1mpos+a.61610 F1a0a0spmaml alTlanspaIskli FPRN 11il13 FPIW ypcab/amierts an RMaauaryd I-2an Ol 0,90 ycast2.3un441e9y.Fos,1!,1x01,00s6M00ed Bbr1101assi0rmm 0epandOM Mworq'scud.OflN Book iP.00iposesecadsdOksttf40011Crony. FbdW las Eest p °MAD 19.512.3. East 2) 00.20089000lSte ,Wffiv00 NvaAmmkan vertical Dann of INS (N04008). 3.)TE00a0 notealvgs slip. en Oe Flat 610Feedobee. sec ... aflat BOds6. Page 5. 10040 resods d Okc.OEse Muni,. Flaws 43110 Ta Pact num. and veswg 290 i4an0tion 010x0 paean xe a taken loin the 090300i0Emfang.FbidaR6p.yAppaie sOI&e. i) dMradd 66. was nut pesbmadbya m Wishelo 0X45110 Designbap, ECA7y a socumbsnces 001 may ape's ass smin d said 0a.°1 is nal 0844. hereat 6)1wdspana impanmmis,m7e1O0eW m00801011s. a1aawrwluswa0a0 ansa 080,80. 4660s0ary,0era,ak00 Das apsi d Ws s msy.0aep1 as mry0o shams 7.) TM holmn11m0Fm dnco.mereo7.IlaNles ere °!al to scan.. unless noted °Dismiss. 6)An asus9ar11 dariarOealeonm,n. i exd0ml, was sM peritonea as apan d Ws 9.1Ties s00L0s Am° imams not scaleaya1ml 18002063 use. sisxawa dBs adlsss.0 sTEd. was Wain. Sea01160 0l.. 10) S}nmk snn1mtlm itis Owing ae nal 00.50 depend. LEGEND A 995809010.901900991 • tro*OtentCALtmoOtOMMA 6Ng : 9" 90 MYA9990014069010 yl 99:99091009901 cUF 901 m10 I. Dar.000 zaumss 03 01•71.1•CCADS P.S0 990909199903909,919 0909099.9/2 99911.9.90193 - -9Aam 919 (40* - 09907 SS (0681013063 'sY 901E 1aP w0C0 43 59090.41.0LE 79 - 6091909. slcmmusag 0 *0 ,r6E440600000120 .0 ver .uv6 09a VAL C..",1...-".,. 19,s0NOE 1�S IOnoFC1/1SU0VDESIGNGBOIP,INO.,LB7005 BY: OFAS' 00f.11004./6'0.I;:. R01:111AHE3Q1FN1gMNa 6101 W 0501110E9GNC10LP, 0!G ROMA REGIG0MTION No. LB 7165 3/x/.5 0500/010 001E OF FIELD 51 14 1307 0700 641111010 61.1E 01001NAL 510506100E ABA SEAL OF A F10R0 UCENSEL,SUOVEY0RAN0M0FPFP a g rF 3 m a 01 8.3 171 3} 00 F' SHEET NO. OF FARCE! U, BER v < 3-15-37-35-0010-01240-0070 OWNER=; CHURCH OF OUR SAVIOUR EPISCOPA ADD;_ -5 1 200 NW 3RD ST AD? ESS'2 CITY Y s, OKEECHOBEE • .,_ ST ; FL FL . ZIP 349724125 349720000 3-15-37-35-0010-01250-0010 OKEECHOBEE COUNTY %CASSELS & MCCALL 304 NW 2ND ST ROOM #106 OKEECHOBEE 3-15-37-35-0010-01240-0010 —GHURCSH0F(aleft-SAVI JR-EPISC-OPA- 200 NW 3RD ST OKEECHOBEE FL 349724125 3-15-37-35-0010-01230-0050 CBC PROPERTIES LLC 301 NW 4TH AVE OKEECHOBEE FL _ 349722552 3-15-37-35-0010-01230-0010 SHAMROCK MAX LLC PO BOX 625 OKEECHOBEE FL 349730625 3-15-37-35-0010-01060-0070 CALIDAD PROPERTIES LLC 903 SE CENTRAL PKWY STUART FL 349943904 3-15-37-35-0010-01060-0090 eAI DAB-PROPERTtEStCC— 903 SE CENTRAL PKWY STUART FL 349943904 3-15-37-35-0010-01060-0110 AUDAD-PROPERRES- f -F 903 SE CENTRAL PKWY STUART FL 349943904 3-15-37-35-0010-01080-0100 WRIGHT DEBORAH PO BOX 690152 VERO BEACH FL 32969 3-15-37-35-0010-01080-0040 MONTESI CRAIG SR & MONTESI CRAIG JR 10143 CULPEPPER CT ORLANDO FL 328366340 3-15-37-35-0010-01060-0040 WRIGHTJ NEAL & LINDA LEE 307 NW 5TH ST OKEECHOBEE FL - 349720000 3-15-37-35-0010-01060-0010 CONNER DEBORAH D 485 SE 31ST WAY MELROSE FL 326660000 3-15-37-35-0010-01080-0070 K & V LAND COMPANY 490 NE 138TH ST OKEECHOBEE FL 34972 3-15-37-35-0010-01080-0010 LAND TRUST NO. FOUR 745 SE MONTEREY RD STUART FL 349940000 3-15-37-35-0010-00920-0070 COURTHOUSE PLAZA REALTY LLC 5000 SW 70TH AVE DAVIE FL 33314 3-15-37-35-0010-00920-0110 OKEECHOBEE SOIL & CONSERVATION 452 HWY 98 N OKEECHOBEE FL 34972 3-15-37-35-0010-00910-0100 WORLEY G M JR & JOY D 395 SW 28TH TER OKEECHOBEE FL 349743957 3-15-37-35-0010-00910-0110 WAR6E-Y-G-M-JR-&4OY 0 395 SW 28TH TER OKEECHOBEE FL 349743957 3-15-37-35-0010-00920-OOAO HAMRICK R E TRUST %H G CULBRETH P 0 BOX 848 OKEECHOBEE FL 349730848 3-15-37-35-0010-00910-0030 PATEL HITESHKUMAR B & DHARMISH 507 N PARROTT AVE OKEECHOBEE FL " 349722615 3-15-37-35-0010-00930-0010 300 PLAZA LLC 405 SW 2ND ST OKEECHOBEE FL 349744214 3-15-37-35-0010-00920-0040 MEDRANO BALDEMAR & MARIA D 817 SE 38TH AVE OKEECHOBEE FL 349740000 3-15-37-35-0010-00920-0010 CARDENAS YASMIN 201 NW 6TH ST OKEECHOBEE FL 34972 3-15-37-35-0010-00910-0070 SEB 500 LLC 105 NW 6TH ST OKEECHOBEE FL 34972 37-35-0010-00920-0070 3,15-37.-35-0010-01080y0070 3-15-37-35-0010=01080=0100 100FT BUFFER tOFFE FOR arRW 153.5 ORS Ox4.°HHEREON • OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE Petition No. i CO&A Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of ct,\Dc soa c , ao\o and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this Sy day of orC'c ? , 0\O1 V I Signature ofptipplicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee CD3 os*1 lc\ Sworn to and subscribed before me this 5' day of `"acc_.1 , POV:\ . FGrsooall0 own o me or produced as identification and did not take an oath. Notary P� t�lic, State of Florida (Rev 2/2019) �a Epi; JENNIFER S. BUSBIN LAI • ': MY COMMISSION # GG 193458 EXPIRES: June 22, 2022 S • ••Fi)F,F; °QBonded Thru Notary Public Undervrriters Page 3 of 11 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Okeechobee County Address: 403 NW 2nd Ave Petition No.: 19-003-R 1375 Jackson Street # 206 Fort Myers, R 33901 Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R General Information Owner/Applicant Applicant Phone Number Applicant Email Address Site Address Contact Person Contact Phone Number Contact Email Address Okeechobee County 403 NW 2nd Avenue Okeechobee, FL 34972 863-763-5548 broyce(c�co.okeechobee.fl.us 403 NW 2nd Ave Bill Royce 863-763-5548 jbusbin@co.okeechobee.fl.us Le • al Descri • tion of Sub'ect Propert Parcel Identification Numbers: 3-15-37-35-0010-01070-0070 Legal Description: The North 93 feet of Lots 1, 2, 3, 4, 5, 6, Block 107, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Re . uest The matter before the Local Planning Agency and City Council is an application to rezone 0.64 acres bounded by NW 3rd Avenue on the west side, NW 5th Street on the north side, and NW 2nd Avenue on the east side. The request is to rezone from Commercial Professional Office (CPO) to Public Use (PUB). The lower (southern) two thirds of this block are already designated PUB and this current request is to rezone the top (northern) third of the property to PUB. The entire block is designated Public Facilities on the Future Land Use Map. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. 1 planning Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Existing Public Facilities Commercial Professional Office (CPO) Vacant (but recently used for rehabilitation facility prior to demolishing the structure) Acreage 0.64 Acre Proposed '. Public Facilities Public Use (PUB) Government offices 0.64 Acre Future Land Use, Zonin • , and Existin • Uses on Surroundin • Pro • erties Future Land Use Map Classification North Zoning District Existing Land Use Commercial Commercial Professional Office (CPO) Professional offices Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification Existing Land Use Commercial Heavy Commercial (CHV) Service Commercial Commercial Commercial Professional Office (CPO) Parking lot for church Commercial and Single Family Residential Commercial Professional Office (CPO) Professional offices and Single family residence 2 planning Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The entire block, all of which is owned by Okeechobee County, is in the Public Facilities future land use classification. The south 207 feet of the block is zoned Public Use (PUB). The north 93 feet of the block is zoned Commercial Professional and Office (CPO). According to the comprehensive plan, only the Public Use (PUB) zoning district is consistent with the Public Facilities future land use classification. The requested change in zoning for the north 93 feet, from CPO to PUB, is consistent with and implements the comprehensive plan." Staff Comment: The subject property is designated Public Facilities on the City's Future Land Use Map (FLUM). The request to rezone from CPO to PUB is consistent with the Comprehensive Plan, as PUB is the only zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Public Facilities on the FLUM. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed use is a government office building to house multiple government agencies, including the property appraiser and tax collector. The Public Use (PUB) zoning district allows public facilities and uses as permitted uses, which would include the proposed government offices." Staff Comment: Public facilities and uses are the only permitted uses in the PUB zoning district. The Applicant is proposing to locate a new building for use by the County property appraiser, tax collector and driver's license offices, which are all public uses. 3. The proposed use will not have an adverse effect on the public interest. "Maintaining local government offices in the same vicinity should have a positive effect on those who need to seek the various local government services." Staff Comment: The tax collector, property appraiser and drivers license offices are currently only a couple blocks away, and proposed to be moved to this new location, which is adjacent to the County court house. Combining all three of these government offices into one modern building adjacent to the court house should benefit the public interest. LaKi p(annine g 3 Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The property is in a commercial and government district. Zoning to the east is Heavy Commercial (CHV), zoning to the north, south and west is Commercial Professional Office (CPO) and zoning to the southwest is Public Facilities (PUB). Surrounding development includes professional offices, government offices, a pharmacy and a restaurant. Additional government offices on the property are compatible with adjacent land uses and is consistent with the existing and likely future land use patterns." Staff Comment: We agree that the public facility proposed for the location is compatible with the surrounding uses, which are predominantly professional offices, and commercial. The peak use times for the adjacent church are weekends, presumably when this proposed government facility would be closed. The subject property is only one block from Parrot Avenue and three blocks from Park Street. This location is appropriate for the proposed use. 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. "Surrounding land uses are almost all commercial or government, and surrounding zoning is all Public Use (PUB), Heavy Commercial (CHV) and Commercial Professional Office (CPO). Developing a compatible use such as additional government offices would not adversely affect property values or living conditions and should not be deterrent to the development of adjacent properties." Staff Comment: The construction of a new government building, on what is now a vacant lot, should not adversely affect nearby property values. 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 proposed use is a government building. Surrounding uses are other government buildings, professional offices and other commercial such as retail. The proposed use is consistent with the prevailing development pattern. Buffering provided by setback and landscaping regulations should be sufficient." Staff Comment: It is unlikely that the proposed use will generate any nuisances or hazards to the neighborhood. Nevertheless, the new development will meet the minimum setback and landscape buffer standards. 4 ptanrung Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The property is in an area of government offices, professional offices, and other retail and services in the expanded area. The proposed use of government offices should not overburden the various public facilities in this area." Staff Comment: The proposed location is proximate to major roadways, which should accommodale the traffic generated by the proposed use. The proposed use is r bt residential and will not cause the need for additional school capacity. Water and sewer services should not be overburdened by these proposed government offices. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use is government offices, including the property appraiser, tax collector and a driver's license office. These government uses can get busy, especially during the winter season. The existing traffic circulation system in this quadrant of the city should be sufficient to manage traffic. Drainage will be addressed during the site plan review process." Staff Comment: Any new development such as this will be required to meet the stormwater management standards of City Code Section 78-101. Government offices should not create any threats to public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is a government office building that will house several local government agencies. The use has not been inordinately burdened by unnecessary restrictions." Staff Comment: We agree. LaRue ptann;ung 5 Staff Report Rezoning Applicant: Okeechobee County Petition No. '19-003-R Recommendation Based on the foregoing analysis, we find the requested rezoning to PUB to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. Submitted by: Ben Smith, AICP Sr. Planner April 9, 2019 Planning Board Public Hearing: April 18, 2019 City Council Public Hearings: May 7, 2019 and May 21, 2019 (Tentative dates) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs planning 6 pi 1 9 8 7 2 123 4 10 11 12 51 6 Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 6 5 4 3 2 1 93 7 8 9 10 1 11 6 5 4 3 2 1 106 7 8 9 10 11 12 6 5 4 3 2 1 125 7 8 9 10 11 12 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY 0.11.1LTI - FAMILY op COMMERCIAL 1111 INDUSTRIAL PUBLIC FACILITLES .E31DE`1TIAL MIXED USE N. W. 6TH S� 6 5 4 3 2 1 N. W. 5TH ST 107 7 8 9 10 11 12 N. W. 4TH ST 6 5 4 3 124' 8 9 10 11 12 N. W. 3RD ST 68 7 9 0 11 12 1 2 6 10 11 12 5 6 STATE ROAD 15 7 Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R ZONING SUBJECT SITE AND ENVIRONS [6 5 93- 7 4321 8 9 10 11 12 Nal NO 7 8 9 10 11 12 6 5 4 3 2 1 1 25 7 8 9 10 11 12 ZONING - CBD • COMM BUSINESS DISTRICT . CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING ND - INDUSTRIAL PUB - PUBLIC FACILITIES FUD -MIXED PUD -R RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL MOBILE HOME P,SF1 • RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2 N. W. 6TH ST N. W. 5TH ST Subject _4 _32. 107' } 7 8 9 10 11 12 N. W. 4TH ST 6 S 4 3 2 1 1 24 ==1 7 8 9 10 11 „IN. W. 3RD ST,,, 0 11 12 5 6 STATE ROAD 15 LaRue planning 8 Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R AERIAL SUBJECT SITE AND ENVIRONS planning 9 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAS NAME -FIRST NAME- IDDLE NAME a)hurher, i/INC, �� NAME,OF BOARD, COUNCIL, COMMISSION UTHORITY, OR COMMITTE '(! 1 hl I)f OkQec6 b e. annina bcdrel/1. o d( THE BO RD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 11 c(( as f i J WHl TM I SERVE IS A UNIT COUNTY ❑ OTHER LOCAL AGENCY of MAILING ADDRESS ! JI / %�� bV /� 7 31A,' (1 V Cil ( CITY. 0 0e(ho b e COUNTY 0 k echo 1_9ec. M ccfCKeola fe--- DATE ON WHICH VOTE OCCURRED i 0 f 1 I 1 I � , 9„ C. 1^/� MY POSITION IS: / D ELECTIVE /APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 86 - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ejc dat---he hereby disclose that on p r(( 16 , 20 I `"rCt . (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, 2a inured to the special gain or loss of my relative,SOWS*.Bobbi-t✓l.� alhef00 nh( hOthi1u i3fait r inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 83 - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 Patty Burnette From: Patty Burnette Sent: Monday, May 06, 2019 10:37 AM To:'douglas_mccoy@doh.state.fl.us'; 'Elbert Batton (embatton@hotmail.com)'; 'Felix Granados (felix.granados85@gmail.com)'; jadthoover@gmail.com'; 'johncook@cityofokeechobee.com'; 'khbrass@live.com'; 'Lmccreary@ceeco.net; 'Mac Jonassaint (mjonassaint@aol.com)'; 'Michelle Baughman (bbsitedevelopmentinc@gmail.com)'; 'rbrock@cityofokeechobee.com'; 'Rick Chartier (rick@icsflorida.com); 'skullhillsteel@yahoo.com' Subject: Requirement in regards to April 18, 2019 Planning Board Meeting Attachments: Form 8B -R. Chartier.pdf Good Morning. Attached is a Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form that was submitted by Board Member Chartier and received by myself as Board Secretary on April 18, 2019 in regards to Rezoning Petition No. 19-003-R. I am sending this email for your records and information as part of the requirements. Thank you, Patty Pa41-9 M. 6 wriAtAte, Genera/Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 `eek 863-763-3372 Direct: 863-763-9820 `Fax: 863-763-1686 e maik yburnette@cityofokeechobee.com -website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1