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2003-12-16 PB CITY OF OKEECHOBEE PLANNING BOARD DECEMBER 16, 2003 SUMMARY OF BOARD ACTION I Pa ACTION - DISCUSSION - VOTE AGENDA CALL TO ORDER - Chairman. Planning Board, December 16,2003. 7:30 p.m. 16,2003 Planning Board meeting to order at 7:55 p.m. Chairman Walker called the December I Board Secretary Vinson called the roll Present Absent (without consent) Present Present Present Absent (without consent) Present Absent (with consent) Absent (without consent) Present Present I. Secretary . CHAIRMAN, MEMBER AND STAFF ATTENDANCE Chairman Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Member Sandra Jones Alternate Member Teresa Sallette Attorney John R. Cook Secretary Katrina Vinson II. I ()J 6"' D() Board Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the November 20, 2003 regular meeting; seconded by Board Member Hoover. MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the November 20, 2003 regular meeting, A. III. I VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MCCoy - YEA WALKER - YEA MOTION CARRIED. I Pa Board Plannin December 16, 2003 ACTION - DISCUSSION - VOTE AGENDA I DR & Martha Watford, Mr. John Burdeshaw submitted a letter on behalf of the property owners, withdrawing the petition. IV. NEW BUSINESS. Rezoning Petition 03-01 O-R. Consider a recommendation to the City Council to rezone Lots 1 - 12, Block 98, City of Okeechobee, from Industrial (IND) to Commercial Professional Office (CPO). DR & Martha Watford are the owners and applicants, John Burdeshaw is the representative A. I There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:57 p.m. V. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records ofthe Department. c- -~~ y, . I I jATTEST I I CITY OF OKEECHOBEE PLANNING BOARD DECEMBER 16, 2003 OFFICIAL AGENDA PAGE 10l~ 1 I. CALL TO ORDER: Planning Board, December 16, 2003, 7:30 p.m. - Chairperson. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Katrina Vinson III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 28, 2003 regular meeting. IV. NEW BUSINESS. A. Rezoning Petition No. 03-010-R. Consider a recommendation to the City Council to rezone Lots 1-12, Block 98, City of Okeechobee, from Industrial (IND) to Commercial Professional Office (CPO). D.R. & Martha Watford are the owners and applicants, John Burdeshaw is the representative - Exhibit 1. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE Al}VISED that if any person desires to appeal any decision made by the planning Board with respect to any matter considered at this proceeding such interested person will need a record of thc proceedings, and for such puq~ose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The ropes are for the sole purpose of backup for official records of the Depamnent of General Services. ~ P~E -1- CIT~'~ OF O~rEE~E. DECEMBER 16, 2M3. ~ P~N~A,qD ' ~ MPlUTES I. CALL '1~ ORDER. Chairperson: December 16, 2003, Planninq Board R~ular Meeting 7:30 D.m. ii. ~HNR~RSOfl, BOARD MEMBER STAFF ATTENDANCE. Secretary. Present A~ent ': C~airpemon Jerry Walker / ' i ~rd Member Daniel Creech e .~{[jard Member Dawn Hoover V/ e~rd Member Thomas Keller / - Bdlard Member William Ledferd v/ Bderd Member ChristoPher Mavroides b,/ B~ Member Douglas McCoy 'i Al~ate Sandm Jones ~ S~tary Katrina Vinson IlL MINI tTES. Secrq. A. ~ Boar I Member ~ moved to dispense with the reading and apProve the Summary of , _~ cy Action for the November 20, 2003 Regular Meeting; seconded by Board_ Member VQTE',[ ~ YEA NAY AB$1'NN A~ KMler,J ? MOT N.. CAm E - PAGE -2- IV. N4 Business. City Planning Consultant. ~o~1- 12, B~k ~. C~ ~ Ok~~, from I~s~l (ffiD) to C~memial Pmf~nal :. ~ (C~). DR & ~'~ W~ a~ the o~ a~ a~l~n~, ,John Bu~eshaw is~he PAGE -3- V. A~RNMENT- Chairperson Walker at r~ . ~ p.m. City of OkeechObee Dat~: - Petition No. 0:~'0~0 General Servic~ Department Fee Paid: 55 S.E. 3rd Ave~e, Room 101PlanningBoard Okeechobee, FlOrida 34974-2903 tat Phone: (863) 76~3372, ext. 217 PublicationOates:Exhibit 1 Fax: (863) 7~-~86 Notices Mailed: Uniform Land Use Application Rezone · Special Exception · Variance ~ N~eofpro~o~er(s): ~,~, ~~~ n O~er mailin~ address: ~ o, ~ P P N~e of applgant(s) if other th~ o~er (state relationship): ~ ~ ~ ~ ~ ~~ L I Applicantma~ngaddress:~/~ M, ~, ~~~ I ~~~ C A N~e ofcont~ person (state relationship): ~ ~ ~~n ~ N T Contact perso~ da~ime phone(s): ~ b~ -~ ~ ~ 7 ~ ~ Fax: ~ ~ Prope~ address / directions to prope~: ~~~ ~ ~.~ .~~ ~. Indicate cm~t me of prope~: /~ ~ ~ t~ ~ ~ ~ ~ ~ ~ T~ Describe impmvemenB on prope~, includ~g nmber/~e of dwell~gs and whe~er Occupied (if none, so state): Approx~ate ~umber &acres: ~. ~ ~ Is prope~ in a pla~ed subdivision? ~ Is ~ere a cu~nt or recent use of the prope~ that is/was a violation ofcoun~ ordnance? If so, describe: R O Have ~ere b~n ~y land use applications concerning all or pan of this prope~ ~ the I~t ye~? If so, ~dicate date, P nature and applicant's n~e: E R Is a sale subj~t to this application being granted? ~ ~ ~ T / y Is the subject ~cel your total hold~gs at ~at location? If not, describe ~e remaining or intended roes: Describe adj~ning land uses / improvements to the No~h: ~m~o~ ~ ~ ~ ~ Existing zone: ~ ~ e~, ~ Furore Land Use classification: Actions Req~sted: ( ~ Rezone (~) Special Exception ( ) ~iance Parcel ldent~cation Number: ~ - t ~3~ - ~--oo ~e - ~ ~ ? ~o ~ ooJ~ I~ I Confirmation of ~formation Accuracy I hereby ceni~ that ~e infomation in this application is co~ect. The ~fomation included ~ ~is application is for me by · e CiW of Okeech~ee ~ processing my request. False or misleading i~omation may be p~ishable by a fine of up to $500.00 ~d impd~ment of up to 30 days and may result in ~e sum~ denial of~is application. ' Printed Nme Date ~a~e Unifom L~d ~se Applicmion (~v. 1/03) P~e 1 of 2 I I }1 I .... III I il I - I' Current zoni~ classification: t~D~cs~'t'tr~ ~- Kequested zoning classification: ~o~e~,~_t~t._ R What is your !iesired permitted use under the proposed classification: E N If granted, will~._e new zone be contiguous with a like zone? E Is a Special ~xception necessary for your intended use? y I:~> Variance? Describe the illpecial Exception sought: S P C citation: E ~ . Provide specific LDR ordinance I A L Are there otl!~r similar uses in the area? Is ~~. crl~:~~. X C E Why would llranting your request be in the pest interest or t~e area and residents? T I O If business, tlriefly describe nature including number of employees, hours, noise generation and activities to be N conducted o~ide of a building: Describe V~ance sought: v R Describe physical characteristic of property that make ce necessary: I A C Did you caUle or contribute to the characteristic? Is"so, describe: E What is the ~inimum variance necessary? Uniform ~ Use Applic, afion (r~v. lt0a) Page 2 of 2 11: ' -[1 ] '~ Ill I ll 1[ FI~ Ir November 18, 2003 City of 0keechobee 55 SE T[ird Avenue Okeech~ee, FI 34974 Gentlen!en: I have ~ked John E. Burdeshaw to act as my representative in the application for changing the Future Land Use and for Rezoning Block 98, City of Okeechobee. I have a contract to sell this property that hinges on the property being changed from Industrial to Commercial Office Buildings and then special exception to alto:at) Day Ca~ Center to be constructed on the property. Please vegpgnize John E/i Burdeshaw as my duly designated representative in all STATE OF FLORIDA COUN~ OF OKEECHOBEE The for~going instrument was acknowledged before me this 18th day of November, 2003 by D. R. Watford. He is personally, known to me or has produced as identification. 'N-ot~3/Public - - TJIUSTE~ 'S D~ED OF JIF. AL ESTATE twe~ LEO P. Mc~E, ~l Trustee ~fl hflk~up~cy o~ ~he ZsC~e o~ ~ McClellan and A~e~e T. M~le~afl, h~. wife, pa=tM' of =~ fir*~ paF~, and D. R. WATFO~e~ ~ford, his wife, , Okeechobee, FloFlda~ psalm of ~he second W X T H E S B'E T Ht The par~y o~ ~he fir.~ ~ by v~r~ue o~ ~he ~ and au~Ori~y given ~n and by an order o~ 9he Hono=abXe J. ~. B~e~, ~e[eree in Bankruptcy of ~he United S~es Dia~ric~ Co~t [o~ the Southern Distr~ct si rlo~L~a, dated the 28th ~.. day o~ Ma~, 1963 and ~ended and SuppLe~ntal Order ~tod t~ . ~ .' 24~h day sE February, 1964, and ~n .cofls~defat~on of NX~ T~USAND FI~ ~O ~ ($S9,500.00), lawful ~noy o~ the United States.pa~d by the party of the second p~t, '~'" d~s hereb~ g~afl~, convey and Felease unto the p~t~ o~ the " a~nd part, hi~ heirs and assigns forever, Lots 1~, and ~2, all In BLock 82~ Blocks 84, 98, . clus~ve, Bilk ~62~ all of the ~N OF acco~ding to =he pla= the~eo~ aa recorded An Book 2, page ~7, of the Public ~e~da of Okeecho~e County, Fie=ida, ~ether w~th .the ap~=tenancea ~d alas all the es~e which ~e said ~o~ M~lellan ~d Adne~o T. ~lell~, his wife, ~d' a~ the time o~ the filing of ~he petition An Bank~p~cy ~ th~' An laid United S~te0 Dls~=ic~ C~rt fo= tl~ S~th~n · INDEXED & VERIfiED ' DIRECT ff~Om£CT 1 !- '] Il 1 I! 1 TO HAVE AHD'TO HOLD ~l~e p~emLsea ha~e~fl g~an~ed unt'.o ~he. , LEO P. Mc~ As ~d only as ~rus~6e ~n Ban~p~ ~.. Sfl ~e presence o~t [ TA~ OF F~RZDA~ ,': O~ OF BR~t came LEO P.'MC~S, Trus~eo ~fl bankFup~cy of ~he E~=a=o of' A~n M~le~lan and Adfle~=e T. M~le~lafl~ bls w~fe, ~krup~ ~o mo kn~ and ~fl~n ~o M ~ ~ tho ~fldiv~dual ~cr~d Ind who exerted ~he forgoing instrument, and hi duly lodged ~o ~ ~ha~ he exerted ~he o~e. __ i ~ ~, 35 liO0"O0'Ofl'E 299.95' [FI I~ ' : II ~ , I 35 NEST 8 TH A VENUE ' CENTERL INE - /'~ 1375 Jackff~treet, Suite 206 : Fort Myers, rl[orida 33901-2845 · Phone: 239-334-3366 Fax: 239-334-6384 · Email: larue-planning~att.net Staff Report Rozoning Prepared for: The City of Okeechobee ipplicant: John Burdesha~, Broker Owner: D.R. & Martha Wa(ord From: Industrial (1ND) to Commercial Professional Offices (CPO) petition No. 03-010-R I ! .... ~ "l - -' ti:l I- - 11 1 I[' I'r Staff Report APplicant: John Burdeahaw Rezoning R~luest Petition No. 03-010-R OWner: D.R. & Martha Watford Owaer Address: P.O. Box 622 Okeechobee, Florida 34973 Owner Phone Number 863-763-2121 Applicant: John Burdeshaw Applicant Address: 210 N.W. Park Street, Suite, 201 Okeechobee, FL 34972 Applicant Phone Number: 863-763-3749 Prope~..~y Control Number 3-15-37-35-0010-00980-0010 & 0070 FuturqLand Use Designation Industrial Industrial Zonin8 District Industrial (IND) Commercial Professional Office (CPO) Acreaje 2.06 2.06 Locstion: SE Comer ofN.W. 9th Avenue and N.W. 6th Street Legld Description: Lots 1 through 12, Block 98, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The applicant requests to rezone the subject property from Industrial (IND) to Commercial Professional Office (CPO) in order to construct a day-care facility on the parcel. Nortlt: Future Land Use Map Classification: Single-Family Zoning District: Industrial Existing Land Use: Sprint Building East: Future Land Use Map Classification: Single Family Zoning District: Industrial Existing Land Use: Single-Family {PAGE } ] l" ' t[ ] ..... Il[ I - ll I i ri 1- · Staff Report Applicant: John Burdeshaw · Rezoning I~quest Petition No. 03-010-R South: Future Land Use Map Classification: Industrial Zoning District: Industrial Existing Land Use: Vacant West: Future Land Use Map Classification: Single-Family Zoning District: Residential Single Family 1 Existing Land Use: Vacant Tho request is for a change of zoning from Industrial (IND) to Commercial Professional Office (CPO) in order to construct a day-care facility. The Future Land Use Map has beea recommended to be changed to Commercial, so the zoning request is consistent with the Comprehensive Plan. 1. The proposed zoning is not contrary to Comprehensive Plan requirements. The zoning uses within the District are consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district tn the Land Development Regulations. The proposed use is a Special Exception under the Commercial Professional Office (CPO) Zoning District. 3. The proposed zoning and land use will not have an adverse effect on the public Interest. The zoning if approved will allow uses that will have a positive impact on the public interest. 4. The proposed zoning 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 zoning is compatible with the area. The location is west of single family zoning. 5. The proposed zoning will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The zoning and the uses allowed will be conducive for single family development to the west. {PAGE } Staff Report A~plicant: John Burdeshaw · Rezoning R~uest Petition No. 03-010-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 A fence or wall could be constructed to keep the children from going onto the street or railroad if the property is developed as a day care center. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue. 8. The proposed use will not create traffic congestion, flooding or drainage problems, ar otherwise affect public safety. Traffic impacts can be accommodated. 9. ne proposed change in zoning will not constitute a grant of special privilege to an ~dividual owner as contrasted with the public welfare. The rezoning will not be a special privilege, nor will it be detrimental to the public. The Furore Land Use recommendation of Commercial for this property was based on a decision to deintensify this block and the one to the south. With that decision finalized, it is al!propriate to recommend that the property be rezoned to Commercial Professional Office (CPO). Commercial Professional Office based on the above data and analysis. Submitted l~: James G. ~ue, AICP Planning C~nsultant December il, 2003 {PAGE } 1 I i1 ...... Ill l' ' 11- ]'i -- r I ~ ] ''