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2004-06-22 CITY OF OKEECHOBEE PLANNING BOARD JUNE 22, 2004 SUMMARY OF BOARD ACTION I Pa ACTION - DISCUSSION - VOTE Chairperson Ledferd called the June 22. 2004 Planning Board meeting to order at 7:00 p.m. I Board Secretary Vinson called the roll Present Absent (with consent) Absent (with consent) Present Present Absent ( with consent) Absent (with consent) Present - serving as a voting member Absent Present Board Member T. Keller moved to dispense with the reading and approve the Summary of Board Action for the May 25,2004 regular meeting; seconded by Board Member Jones. I VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. AGENDA I. CALL TO ORDER- Chairman. Planning Board, June 22, 2004, 7:00 p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Daniel Creech Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Member Sandra Jones Attorney John R. Cook Secretary Katrina Vinson ~ - ......... -^-' MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the May 25,2004 regular meeting. A. III. " Board - Pa June 22, 2004 - Plannin ACTION - DISCUSSION - VOTE Summary of Application: Victor and Carol Johns, owners of ProMed Walk-In Clinic, are requesting to rezone the property located at 1703 SW 2nd Avenue from Residential Single Family One (RSFl) to Heavy Commercial(CHV) to the Board Members. Planning Staff Report Summary: The subject property consists of two lots (11 and 12) as described in the attached survey. The lots have an existing single family home and have a Future Land Use Map classification of Commercial. The Zoning District for these lots is Residential Single Family. The surrounding existing uses are also mostly commercial except for the residence to the West. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. ...4 CJ o ~ Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. Noting Objective 1, Policy 1.4, Policy 2.1 (C), Objective 10, and Policy 10.1 of the Future Land Use Element. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the applicant wishes to develop this property as a medical clinic which is specifically authorized in the CHV zoning district under Section 90-282 (1). (3) The proposed use will not have an adverse effect on the public interest. Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate and the subject property is located at the corner ofSW 2nd Avenue and SW 18th Street. (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 is compatible with the neighborhood and will not adversely affect property values or living conditions. The type of development proposed will be comparable to surrounding properties and will create a positive addition to the neighborhood. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use can be suitably buffered and will have to meet City Code requirements for site design, landscape A.GENDA. IV. NEW BUSINESS. Rezoning Petition No. 04-005-R. Consider a recommendation to the City Council to rezone the property located at 1703 SW 2nd A venue from Residential Single Family One (RSFl) to Heavy Commercial (CHV). ProMed Walk-In Clinic is the property owner, owned by Victor and Carol Johns - Exhibit 1 A. I Jim LaRue, City Planning Consultant, briefly explained the Staff Report I I Pa Board ACTION· DIS AGENDA I buffering and parking at the site plan review process. (7)The proposed use should not create a density pattern that would overburden public facilities, such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. This close proximity SW 2nd Avenue should eliminate any traffic congestion. (8) The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. The moderately low intensity of the proposed use should avoid traffic congestion. (9) The proposed use has not been inordinately burdened by unnecessary restrictions and should be able to develop within the existing City Code requirements. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; it simply allows zoning to be consistent with the Future Land Use Map designation. IV. NEW BUSINESS, CONTINUED. Rezoning Petition No. 04-005-R, continued. A. I Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and the proposed use are compatible with surrounding uses and are consistent with the Goals and Policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family to Heavy Commercial. ~ , --... ,..,....; ........ Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Residential Single Family to Heavy Commercial. Development standards for a specific use will be imposed at the time a site plan is received. There was no discussion from the Board. Board Member T. Keller made a motion to recommend to City Council to approve Rezoning Petition No. 04-005-R, based on Planning Staffs recommendations; seconded by Board Member Jones. There was no public comment. I VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. June 22, 2004 - Planning Board - Page 4 of 4 ACTION -DISCUSSION - VOTE There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:08 p.m. AGENDA 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 of the Department. I ~/ I 1--'7/l lily f~/?: ATTEST Katrina Vinson, Secretary I: 'P-Í ~ ~ I . . PAGE -1- CITY OF OKEECHOBEE . JUNE 22, 2004 - PLANNING BOARD. HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: June 22. 2004. Planning Board Regular Meeting 7:00 p.m, '1 ; 00 prn II, j CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary, Present Absent Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Danny Creech / Board Member Kenneth Keller / Board Member Thomas Keller J Board Member Christopher Mavroides tt~'( ~ Board Member Douglas McCoy Alternate Sandra Jones Attorney John R. Cook Secretary Katrina Vinson III, ¡ MINUTES - Secretary, I A,I Board Member..I.L moved to dispense with the reading and approve the Summary of Agency Action for the May 25, 2004 Regular Meeting; seconded by Board Member ~-:) VOTE YEA NAY ABSTAIN ABSENT Cr.ech Hoover Keller Le~ferd Mavroides McCoy Walker MOTION: CARRIED ~ DENIED . . PAGE -2- IV, New Business. City Planning Consultant. A. Rezoning Petition No, 04.005.R, Consider a recommendation to the City Council to rezone the property located at 1703 SW 2nd Avenue from Residential Single Family One (RSF1) to Heavy Commercial (CHV), ProMed Walk.ln Clinic is the property owner, owned by Victor and Carol Johns. Exhibit 1, 'J\m LaJ(lUL by-\€-ç \V\ cltocXLÜQd 6+a-P-Ç' Q¿(YJy-L to 6rord mQmb..Qxs. ~c'omrYUnoiS , QÇ>PíOVetl , T\{ mO-DOh +0 QÇ>proV.e.) ~ J ~ JìGCrìoL . . . PAGE -3- V, ADJOURNMENT. Chairperson Walker at '1: CA p.m. ! . ~ ~ = . ~,~ ~ ~ =1:"' ~ ~.M ~ ~.i:;... 1> ~ ;,. !"" !"" .::-'" 0 [oj . is: S'¡! ~ ~ Z ; ~~ ~ @ ~ ~ ê ::: ;¡ n n S"""o ~ (þß~ ~ 0 t'j ~» ¡:¡: > ;:;.~::J o..e E! ~ ::t, 00 g::l: ::+g'o~~~- ~ ~ ~~ " or..' 0 ~ 0 0 ~ ' . . ~ '" z '< ",J¡¡ ,,:n Sn s 11 I'¡ I'¡ Id. ~ ~ Q ~ ..., ñ It ~ ';' ::; g." ::J g g ~ I!I :; 0. 0. 0. 0. 'I 1!1. ~ 0 ~ 5 . e n P" . 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"' 6 (") ¡,¡ ,,~' l ' l' 0 -, .". p. ¡;¡.a > .~ I!!.'< ;.. .;! ~ ir! n n ~ ~ :2 '" ~ !> :r: 0 -. " ...,. 'J §~ -< § g . 0 ~ .... ~ R y ß S' ""1 52 0-3 ~. 4' 1>' ;; ~ ,.... -< ¡¡-~ 0 <! " ... ~ i 0 ~ 8 ~ ¡j s:: (") t= ~~ o..~ ~ ~o~ a.8 ~ tV 0 H e!.Ír .'" > '< " ~'1: tV ~ ~ ~! S< a 25 > " - '1:1 .þ. ~~ 9" (I ~ t'".j !'~ ~. ~ 'E. l"'1 ~ ~ 'Q it -, 0 D:I ~ ~ = OQ. (l)n '"' ,5 S'!!> i3 ~ ~~ ('\)8.. g > ~ 0 ~" '0 ~ .... .. ~ ~ a "" ~, w . _. 0 ~ .- ..... . . " ~ '!" N l~. :g~ !lèJ ~ ~ ~Ii '< '" N .~ 0 en - s' ."" - ~~ ~ ~ = . = " N .¡:.. ~"1 " Q. ~ ~ l"'j .... 0 "J!j .... Date: ¡-... dY- 04- Petition No. 0 ~.. -I< .. . G: . . , . , . '. I I' II Name of property owner(s): I . . .:.11 .. - .. I' ~ ~ - - .& ., . 11. þ. - - . . .. & . . ~. . . . .~ Property address / directions to property: 0 3 ~ ~ - ~ .. . . ~ e. ..' . , (¿u. ~ ~ \ Describe adjoinmg land u .s / improvements to the North: - . 1!'"",,;;" .,, ' , f..e .. " . I 4' . , ... Confirmation of Information Accuracy I ' " . . J > - - Current zoning classification: ~Sç- - \ Requested zoning classification: c.\-\V R What is your desired pennitted use under the proposed classification: E Z C)' 0 N If granted, will the new zone be contiguous with a like zone? E ~ Is a Special Exception necessary for your intended use? Variance? 0 )J Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, descn"be' E X C E p T I 0 If business, 'efly describe nature including number of employees, hours, noise generation and activities to be N condu outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that I A N C E e minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 - ~' w. ~. - 1. - % a I ~ . .- ~~ ..~ I I. - . . ~. . - - - City of Okeechobee General Services Department 55 SE 3rd Ave Okeechobee, FL 34974-2903 Re: ProMed Walk-In Clinic Uniform Land Use Application for Parcel ill: 3-28-37-35-0050-00340-0110 Greetings: The purpose of this letter is to comply with our application for rezoning of our property from residential to commercial use, Below are our intentions for use of this property: . (#2 & #10 on application): We propose to use the property at 1703 SW 2nd Ave (parcel ill 3-28-37-0050-00340-0110) which is presently zoned residential, as a medical clinic, We propose to change zoning to commercial/heavy commercial to accommodate our intended use. . (#11 on application): Intended use is medical clinic, We plan to use the existing house as the office after completing repairs to comply with city code requirements, Future plans include development of the adjoining lot (parcel ill 3- 28-37-35-0050-00340-0050) into medical/professional office complex, . (#12 on application): Existing use of surrounding property: Lots adjoining south are vacant/commercial; Lot adjoining north is a residential rental owned by an insurance firm. To my knowledge, future plan for this property is to be used by this insurance fmn for their business office, Lot adjoining east on South Parrott is being purchased by ourselves, ProMed Walk-In Clinic, and is presently vacant, Plan to develop medical/professional office complex on this lot at a future date, Lot adjoining north is on SW 2nd Avenue, and is a single family resident, ~IY submitted, i. J2~ (p-. . Carol Johns ProMed Wálk-In Clinic . - - . . I ' I . I . .. , .. c. ;s .. -~ ~-~ --- - ... OR BK 00534- PG 004-8 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any, Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining, To Have and to Hold, the same In fee simple forever, And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of aD encumbrances except taxes accruing subsequent to December 31st of 2003, In Witness Whereof, the grantor has hereunto set their hand(s) and seales) the day and year first above written, Lucy Ann Goglia, a Single Adult and as Trustee of the Lucy Ann Goglia Revocable Trust dated July 2, 2003 . Signed, sealed and delivered in our presence: ~.~ ~Á11~ S oJ..OOr Witness signat~~ .so. \ 6 \-ct Witness Signature. Print Name: 1!;:Sl.:Üt H, Pi~trMimeflc, Jr. Print Name: ~\..lSD.1"\ "3". be~\ \ \J 'l ~ Page2of3 1083 .486173 . - :. - . . 0 -. . -18 .. I': . . 0" . u - --- - ---- . - I..IIIIIIII..R. I¡ I FXLE HUM 20040106613 OR BK 00534 PG 131344 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 06/08/200~ 12:03:22 PM RECORDING FEES 15.00 DEED DOC 0.70 RECORDED BY N Arnold Prepared by Angela Bragg, an employee of First American Title Insurance Company 109 North Second St. Fort Pierce, Florida 34950 (772) 46+7837 Return to: Grantee File No,: 1083-486173 QY.[J' CLAIM DEED Made on May 25, 2004 , by and between Lucy Ann Goglia, A Single Adult whose address is: , hereinafter called the "grantor", to promed Walk-In Clinic Inc, a Florida whose post office address is: , hereinafter called the "grantee": (Which tenns "Grantor" and "Grantee" shall ¡ndude singular or plural, corporation or individual, and either sex, and shall ¡ndude heirs, legal representatives, successors and assigns of the same) , Witnesseth, that the grantor, for and in consideration of the sum of $ TEN AND NO/lOa DOLLARS ($10,00) and other valuable considerations, receipt whereof Is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee forever, all the right title, interest, claim and demand which the said grantor has in and to, all that certain land situate in Okeechobee County Florida, viz: Parcell: Lots 5 and 6, Block 34 of FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof as recorded In Plat Book 1, Page(s) 11, of the Public Records of Okeechobee County, Florida, Parcel 2: Lots 11 and 12, Block 34 of FIRST ADDmON TO SOUTH OKEECHOBEE, according to the Plat thereof as recorded In Plat Book 1, page( 5) 11, of the Public Records of Okeechobee County, Florida. Page1of3 1083 . 486173 . - - - - . . . . . . . . .. I 8.. ~ . , . ' . . .,. , .': :, --- -- -- - - -- " . OR BK 00534 PG 0046 . State of QJnnecticut County of New Haven THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED before me on May ~ 2004, by Lucy Ann Goglia, a Single Adult who is/are personally known to me or has/have produced a valid driver's license as Identification. f . ~ ~ Frank W. Pietrosimone, Jr. Notary Print Name 1 ~) 2€k1f., My Commission Expires: I Page 3 of3 5=tM'é ðf ~DA 1083 . 486173 OKEECHO8~~T THIS IS A TRUE ~~ L.Jé1Rlle Plal111il1Q: & ~ 1\/Ié1113Q:ell1el1t Ser\'¡ces'\ IllC. ~ ~ ., I I.,., """ I I , .." I '" . I , '., I I ' -- -- í , - - . Staff Report Applicant: Carol Johns Rezoning Request Petition No, 04-005-R General Information Applicant: Carol Johns Applicant Address: P,O, Box 3197 Okeechobee, FL 34973 Applicant Phone Number: 863-467-9688 Owner: Carol Johns Owner Address: P,O, Box 3197 Okeechobee, FL 34973 r~i>,lifl~ Propo>,ed Future Land Use Map Commercial Commercial Classification Zoning District Residential Single Family Heavy Commercial Use of Pro e Sin Ie Famil Home Walk-in Clinic Acreage .325 .325 Access S,W,2n Avenue S, W, 18 Street Location: 1703 S,W 2nd Avenue Legal Description: Lots 11 and 12, Block 34, FIRST ADDITION TO SOUTH OKECHOBEE, according to the plat thereof as recorded in Plat Book 1, page 17, Public Records ofOkeechobee County, Florida, Said lots lying in and comprising a part orNE Y4 orNE Y4 lying West of Parrott Avenue in Section 20, Township 37 South, Range 35 East, Request: The applicant would like to use an existing residence (after completion of repairs) as a medical clinic, The property is designated Commercial on the Future Land Use Map and this rezoning request would allow for a Zoning District (CRY) that would bring the property into confonnity with the Future Land Use Map the rest of the Block to accommodate the proposed use, Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Residence East: Future Land Use Map Classification: Commercial Zoning District: Heavv Commercial Existing Land Use: Vacant 1 El!mmII Commercial - - - 1mB - - Summary: . Analysis . . I -- - Staff Report Applicant: Carol Johns . Rezoning Request Petition No. 04-005-R Policy 10.1: The City sba1l continue to amend and enforce its land development reguJaûons to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and f) promote a sense of pride and community for its residents, 2, The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations, Yes, the applicant wishes to develop this property as a medical clinic which is specifically authorized in the CIN Zoning District under Section 90-282 (1), 3, The proposed use will not have an adverse effect on the public interest, The proposed use will cause no adverse effects to the public interest, Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns, Commercial zoning is appropriate as the subject property is located at the comer 2nd Avenue and S,W, 18th Street. 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 is compatible with the neighborhood and will not adversely affect property values or living conditions, The type of development proposed will be comparable to surrounding properties and will create a positive addition to the neighborhood, , 3 . " . . . . . . . , - - . Staff Report Applicant: Carol Johns . Rezoning Request Petition No, 04-005-R 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare, The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; it simply allows zoning to be consistent with the Future Land Use Map designation. Summary and Conclusions Prior to Certification The subject property is located in an area, which was developed with commercial uses, The proposed zoning and the proposed use are compatible with surrounding uses and are consistent with the Goals and Policies ofthe City's Comprehensive Plan, Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property 1Ì'om Residential Single Family to Heavy Commercial, Recommendation Staff recommends approval of the request to allow rezoning 1Ì'om Residential Single Family to Heavy Commercial, Development standards for a specific use will be imposed at the time a site plan is received, Submitted by: James G, LaRue, AICP Planning Consultant June 14,2004 5 I """~~------ - ,"",-c:"o"'~"""~'" I~- ~ ~ - . .. .. ~ ... . -I _I 1111 . ,. - . - ~t: .. - ÞOJ:I - '" . . ~ ,