Loading...
02-22-2005 Regular CITY OF OKEECHOBEE LAND PLANNING AGENCY FEBRUARY 22, 2005 SUMMARY OF AGENCY ACTION Page 1 of 7 I AGENDA II ACTION - DISCUSSION~VOTE I I. Call to Order - Chairperson. Land Planning Agency, February 22,2005,7:15 p,m. Chairperson Ledferd called the February 22, 2005 Land Planning Agency meeting to order at 7 :21 p.m. .1. Chairperson, Member and Staff Attendance - Secretary. Board Secretary Cook called the roll: Chairperson William Ledferd Present Vice-Chairperson Dawn Hoover Absent (with consent) Agency Member Daniel Creech Absent (without consent) Agency Member Kenneth Keller Present Agency Member Thomas Keller Present Agency Member Christopher Mavroides Present Agency Member Douglas McCoy Present Alternate Member Sandra Jones Present - serving as voting member Alternate Member Devin tvlaxwell Present - serving as voting member Attorney John R. Cook Present Secretary Katrina Cook Present en. Minutes - Secretary. A. Motion to dispense \vith the reading and approve the Summary of Agency Action Agency Member McCoy motioned to dispense \Yith the reading and approve the Summary of for the January 25. 2005 regular meeting. Agency Action for the January 25,2005 Regular Meeting; seconded by Agency Member T. Keller. February 22, 2005 - Land Planning Agency - Page 2 of 7 II AGENDA II ACTION - DISCUSSION - VOTE II IV. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action VOTE for the January 25. 2005 regular meeting, continued. JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MA VROIDES- YEA MAXWELL - YEA . McCoy - YEA MOTION CARRIED. V. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jock Robertson, representative of City Planning Consultant LaRue Planning and Management, OOl-SSA. Consider a recommendation to the City Council, to change the land briefly described the Staff Report as follows: use designation from Single-Family to Multi-Family. The subject property is located at the Southeast corner of NW 3rd A venue and NW 12th Street. CR Planning Staff Report Summary of Application: The property is within the RMF zoning district Investments of Okeechobee is the property owner, D. Robert Willson is the and is designated as Single Family on the Future Land Use Map. The applicant proposes to amend applicant - City Planning Consultant. the Future Land Use Map to allow Multi-Family as a land use designation on the property. This would provide consistency with the existing zoning and the surrounding land uses. The applicant intends to construct a duplex on the site, . Planning Staff Report Comprehensive Plan Analysis: (A) Based on the applicatIOn, It would appear that the proposed use (duplex) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi-Family designation would create consistency with the RMF zoning district for this property. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The change from Single Family to Multi Family will not create an incompatible use with the surrounding neighbohood, The subject property's close location to other property zoned for multi-family uses create compatibility with the exiting land uses. Also. the southwestern portion of this Block is in the Commercial Future Land category. (D) The proposed future land use amendment is in compliance with the specific standards of the Comprehensive Plan. II February 22, 2005 - Land Planning Agency - Page 3 of 7 AGENDA II ACTION - DISCUSSION -VOTE II IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, 00 l-SSA, continued. objectives, and policies will support multi-family uses at this location. Staff recommends approval ofthe applicant's request to amend the Future Land Use Map from Single Family to Multi Family as the request is consistent with the City of Okeechobee's Comprehensive Plan. There was no discussion from the Agency. no public comments. . Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-001-SSA to change the land use designation from Single-Family to Multi-Family; seconded by Agency Member T. Keller. VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MA VROIDES- YEA MAXWELL - YEA McCoy - YEA MOTION CARRIED. . B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jock Robertson, representative of CIty Planmng Consultant LaKue r ' , L ~ ällU ~ , 002-SSA. Consider a recommendation to the City Council, to change the land briefly described the Staff Report as follows: use designation from Single-Family to Commercial. The subject property is located at the Southwest corner ofNE Th Street and NE 3rd Avenue. David and Anita Nunez are the property owners and applicants - City Planning Consultant. Planning Staff Report Summary of Application: The applicants are the legal owners of the property and request an amendment to allow the property to be re-designated as commercial. The property is under contract for sale to the Big Lake Baptist Association. In a letter from the association. the pastor states that the office will serve as the headquarters of all the cooperating Southern Baptist Churches around Lake Okeechobee. The properties north of this Block are in the Industrial future land use category and some of Block 78 has recently been re-designated as commercial. February 22, 2005 - Land Planning Agency - Page 4 of 7 II AGENDA II ACTION - DISCUSSION -VOTE II VI. New Business, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Planning Staff Report Comprehensive Plan Analysis: (A) Based on the application, it would 002-SSA, continued. appear that the restricted commercial future land use is consistent with Objective 2 and its corresponding policies in the Future Land Use Element. (B) Public water and sewer are available to the property. Any other concurrency issues will be addressed when the applicant applies for a site plan review. (C) The requested future land use designation will be compatible with adjacent land use categories if the zoning is restricted to CPO. The proposed use will be consistent as the neighborhood is slowly transitioning to incorporate light commercial uses as evidenced by recent . land use and zoning changes on two lots a the southwest corner of this block. (D) The proposed future land use amendment is in compliance with the specific standards ofthe Comprehensive Plan. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staffrecommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Agency Member McCoy questioned if there were septic tank issues at this location. Jock Robertson, Planning representative, explained that he was not aware of any. Tom Murphy, representative for the applicants, explained that there was a sewer line available that runs along 6th Street. There was no further discussion from the Agency. no public comments. . Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-002-SSA to change the land use designation from Single-Family to Commercial; seconded by Agency Member 1. Keller. February 22, 2005 - Land Planning Agency - Page 5 of 7 II AGENDA II ACTION - DISCUSSION - VOTE II VI. New Business, continued. B. Comprehensive Plan. Future Land Use Map Amendment Application No. 05- VOTE 002-SSA, continued. JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MA VROIDES- YEA MAXWELL - YEA . McCoy - YEA MOTION CARRIED. Item Added to the Agenda. C. Consider proposed Ordinance 885 specifically regarding non-conforming uses, John Cook, City Attorney, explained to the Agency Members that this proposed Ordinance has Attorney Cook. been set on the March 1, 2005 City Council Agenda. He continued by explaining, the original Ordinance was created to help govern commercial uses. For example, if a business is currently operating with a non-conforming use, that use could not continue if the business was sold. In residential zoning it is becoming more and more of a problem as well. He explained the problem has been going on within the City for several months and again recently involving a duplex in a Residential Single Family - One (RSF -1) zoning area by Mr. and Mrs. James Gamiotea. The duplex has been existing for years and is currently not listed as a permitted use within Residential . Single Family zoning. The mortgage companies are now requiring letters from the City explaming if the current use will be permitted if the property is sold. Attorney Cook is recommending that the Land Planning Agency recommend to City Council to remove residential from the Ordinance. He advised the Agency that the Ordinance could be amended in the future if this becomes a problem. Agency Member Mavroides explained that he has concerns with the proposed removal of the reference to residential non-conformities in the proposed Ordinance. He explained that all new developments are required to meet the newer more stringent codes, however an existing duplex in Single Family Zoning would be permitted to continue. Attorney Cook explained that the alternative would be to require the owners to apply for a rezoning February 22, 2005 - Land Planning Agency - Page 6 of 7 II AGENDA II ACTION - DISCUSSION - VOTE 1\ VI. New Business, continued. Item Added to the Agenda, continued. C. Consider proposed Ordinance 885 specifically regarding non-conforming uses, and future land use map amendment to bring the property into compliance. He continued. that this continued. would cause spot zoning in many cases, the City Planner and City Council prefer not to do this. Attorney Cook explained that he and Mr. LaRue had discussed this, and the proposed Ordinance was a better choice than to allow spot zoning throughout the City, . Agency Member Mavroides stated that in certain commercial zoning districts a restaurant may not be allowed, and in residential single family zoning a duplex is not allowed, they are both non- conforming whether in residential or commercial. Agency Member McCoy questioned the other Agency Members whether there should be special attention paid to multi-family units where the owner lives in one unit, and rents the others out. Attorney Cook explained that this was not the case. Attorney Cook explained that the building would not be allowed to be extended or expanded, there will be some limitations. Attorney Cook recommended that the Agency recommend that the City Council amend the Land Development Regulation's regarding non-conforming uses in residential zoning. Agency Member Mavroides motioned to advise the City Council to amend Section 90-35, paying . sDecial care to the residential category and that further investigation be made regarding the specific guidelines to the non-conforming uses continuing in residential areas; seconded by Agency Member McCoy. VOTE JONES - YEA T. KELLER - YEA K. KELLER - YEA LEDFERD - YEA MA VROIDES- YEA MAXWELL - YEA McCoy - YEA MOTION CARRIED. February 22, 2005 - Land Planning Agency - Page 7 of 7 (We I .' .-.-........,',.......... ,,'" -",," ;~š~il[i:tj~::e\ ',~c-- ," II ".;:r. .ÂÔTloN'jiînsêûssÎôÑ=VOTE I -,,~~:"(;c-; ",,' r;::p:>:--;~: <;'''' c,":';';'" ,,'" :;,,~., AGENDA v. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:46 I p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Ser..ices tapes are for the sole purpose of backup for official records of the Department. (;:, r ~~~ . . ATTEST: 4ZGJ-)\A'{ìj~ CrO\G Katrina Cook, Secretary I . I , . . PAGE -1- CITY OF OKEECHOBEE - FEBRUARY 22, 2005 _ LAND PLANNING AGENCY - HANDWRITTEN MINUTES I. CALL TO O~son: Meeting 7:15 p.m. I " 'd. \ . II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDA CE _ Secretary. Pres en Absent 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 Sandra .Tones ) VQ\\\"Io, , ~' Alternate Devin Maxwell yn QJV Attorney John R. Cook Secretary Katrina Vinson III. MINUTES - Secretary. A. Board Member \)m ~ moved to dispense with the readin and approve the Summary of Agency Action for the January 25,2005 Regular Meeting; econded by Board Member T\( VOTE YEA NAY ABSTAIN ABSENT Creech Hoover K. Keller T. Keller Ledferd Mavroides McCoy MOTION: CARRIED ~ DENIED · . PAGE -2- IV. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-001-SSA. Consider a recommendation to the City Council, to cha ge the land use designation from Single-Family to Multi-Family. The subject prope is located at the Southeast corner ofNW 3rd Avenue and NW 12th Street. CR Inve tments ofOkeechobee is the property owner, D. Robert Willson is the applicant - Ci Planning Consultant. JOC-v.. .RcJ blx--\ ,SOc) - \' ~f)rQ ítVî n, ~ \0 , -e P· Vl L (01 _'. r: . q vu. ,<-. \/\-'~ . 'f.- ne éi-t c\ ~ ( KLpc d. r(zc 0 \,YU')1¿í1 d 5 Q~'{)YuvQL . D m ~ rtL·o n1\ n'Llno~ {tn P VY'¡ \¡f ( /'1 (/ " /; r I l) CL\. I '-- v< C. On ot. . . PAGE -3- B. Comprehensive Plan, Future Land Use Map Amendmen Application No. 05-002-SSA. Consider a recommendation to the City Council, to ch nge the land use designation from Single-Family to Commercial. The subject prope is located at the Southwest corner ofNE 7th Street and NE 3rd Avenue. David and nita Nunez are the property owners and applicants - City Planning Consultant. JOC-\( \(0 \r.l1.Y t~ Of) - X ~~pr-e? n +OL l\VL o t- ~Q'-'LL )UK Pla.A.Jli d ~ o..('{ kcpov-+ .. c 0 rVlIYU.n d.5 Clp P r(] \.é ¡ .. Dn'tc- - ~_ptt'c LO/;) L/Lt./:J./ JP. - (') 0-\ +hQ~ \ OdYì o..\;\J ÜLf( 'f TO(Yì mll'( P~ìy S-eW Q V Len - On U f-h (LA n n { n ~ ,-Qi\l) 4- ~ + LJJ a \i a \..l c,- b LR Dmc:- \'íìO~Ov) "Mew il9prtvcU / T~ S€cond. . . \-\Cffi ·Rd~cl : vropcsed Ord '88'0 :se+ on GCðtndo, 'fay TlU;:).J \ mOXQh \ 15+. , \ìQIì CO\ì{'i) n"Yll~ \).3 -e \ S +y I C<kt0Lj ConcQ.x rud wi CDrY\vYltXClC I U8€5. O'r\(L \J\.,L~llÎ..LQ/J Go ùolð. non conmm¡¡n') U St CL\. h nO-4- Lan 1\ Y\ Lu ~ \¥ì ~ €.:)\ olLn-hQ \ \~ \'S l¡Jeco 111'\01 0-- pyObl~L \ SSw OJ \ St 01 V\J I tCIL1 0 e Ié - d Ccp (£2 V furt -floÿ L(~{U:S- nOT p VIY) ++-cd LO 5í= cor\\'nq. VYìov-ic¡cqz mpQh leJ '\Aj 0.1\ -t le·\-iu ~ -h1Q VY1 ~ 'f (e.: f\Oh- con-flor m. tfìQ) Ll Ç'f S ~ I(.P..C omVì'Und)~.,¡ +tv Co.. vemQ\("(. r J.S lClurn'~ -P-ro-m ._}1~ 0 v cX__ t(ln Ql'Vu'YLc..nd fu Ord LÝÎ --ft...<. ~ h-t)'<.'.. \ .t. +¥v'J W t C) Yì'\..tO Q.. ~ ro l.e V!,¡ . {1m- t'c\;\r( pYDbLu'Yl -IN I ~~.. rtn-fa I un {¡ I nOh-ConrorVYìtflC),. nelV\) Cond.o') ÛJn-krYYl. eX:(Jhng con'1ìnue. wi pro f:.>le.m ç +M ~ 'S O~\dVL(~ _ Connn w. f&COrYllYLef1d Í1ot-+-]-h [0 ~0 ¡ f fYJ l-hcL - JC-" yes howere.t Io.rqt òr- n /nCJ / Feu ctLcPl e)c¡ U? rn Id d (-e - &<,'l C ~ -f.¿) -=spot -ZOf'l nC) . . '.' D ý1A. ~KQfJi1 ~ [.e) 0..(' hOI1 .. COil +-Or WIt f1 ") u<StnlctW'l-' . . JL- . res dJ~n1ì(À J (PY\ - eoo-P-o ( m \ 1)C1 \A S -( l n WOl{\d þ~ a dLl~lev . Dm - hoY\ coy\·-fo Y ff)/\ [ f) tl 5 f-rì.A c \ " VL ;") uê- S6t0CtC ~J ( lahcß~'catLflCJ 1 ¡JOt JJlg /' 6fYttt ~ (SJ L,(p J n OY1- CO r'ì fur Vh Lf/ì~ uSe IS Cl It?¡ prob/ervt spoi 2o()\no, vS'. noi Se. II n~ (\ e.,w Cll~ le.-J)C:? lS ~îot C\. P YO \? l LfVl - U +~ o~VS ~-t ~rt d-O ~ 30 'IfS ~~ t.LuL.'L ~ ~W~lf)~, 0 -}J-af vJOt )' ~ m·f-o It -zo h n.. (()~ . S l;V(J. adQPM ~ r'v\ \J1 tLu -t- I ~QlJqh+ +h~ \!VOlA- (d Y.u ~M-u- ~ f\ S poi 'con L ~ CJ\A - wra+ WQ' (( ~y [no¡ l,O res +- n a [10 Vvt oJ d\A~ It¥ \jJ 0 ~lct / bJ2 a ì ¡Owe d - to-it? 1) 0 Vî / co n -~ '( fV¡ l VÎ~. ~ \cttn 'a J .-k.t &trN as C-OtY1 . 1)m- OW'f\L~ - ON haf D - r€J1tcv -U-uL ov Do-l--h V't~l'~~ lS 0..1 rvt· 'Jc:- Vlo-f ~ CðJJ.(L ~' OM- cti PArL{) -+ r lq h-k \ ç k .~ fA II rc -tNJu ( 13 l - -t-fl to 0 no+- lJì ò'+011f aJ .}t.J ìYJo J 0L- CöJr\ no--\- ~'X:;'+Cn d Or Q)( (Xlnd Strl.€c-h l YC 'U9fY\...l \t rV\l +Ct noVì J . . \-\LrYì ·RdeLlc1- : Yrcpcsed Ord (58Q ;se+ on a~ndG1 '~y TlU/J-l \ mÛYQh \ ~+. I "OD COfìf0Yml~ us-e \5 +y I c&tLv} Con L~r Y\.Q d vv I CD(y\VYltXCLC I US€S . - non conrurrlllfl 7 oV\~ pv;s\~ L/) (Sole{ USt LO-h ÝÌo-t ConnY\w _ \1\ It'3\olLn1lQ \ \-\- \ 'S 'Ve L Q Yl\ ¥l0l 0.- r yO b¡0~l \5S,w ox \ Se d I/vl tctL1 CJ. e t - dU--f!1 Q v fur( -Po v' Lf eút y ~ .-- no·t- P VfYl +f-ccl L l) 8\= <:'Oh I'no¡. VYloY-Jq CúJ{ mpQYJ 1£5 ''v\JOJ\ -+ le·t-ttJ ~ -h'lQ m f (e: r\ 0 n - CO n-P'o y ýYl L. f')Q) Lf Ç\' S 6m- y~c omvyunds '~4- -Hv CQ ý e mo V't.. f].s lcturn'CÀ I-fro·m-}i~ OVQ~ c'&n Ct\n~'Y\z.nd -+tv Ord LYJ -f\M ~h{,~. \.0- +¥'v~ 'QxlOt)\l;O <Ä. ~ "tv \.e ~1A . tQrYl- t'a\JL pYDbu rYL vJ I thCL7Ì' rtn-l-a I LLh Lf I no n - Con -Po rm t f1C) " n elV\) C ond.o '~ Lon-Por (Vl . é:x(Jhng I h conllnue. wI p\'ûbiemç' ~~ S OL.ddvlf . Con1tn w. rJ¿Co(Ylílf1.€~d -fhot.-f--J-h [0 (l) J I fYJ l--fed -- 'TC-, - yes hovv{?rer )0 r~ ò' r:- -¿on /nCj / Fe L.{ ct lA.p l e)O Ul YYl¡ddf-e - sìi c~ .}{) -=spo+ LOJ1/ nC) 'On1\. . \¿;(Qf1/l P I€~ 0+ . . " non - Con ~'( m I )1 ~ ~ s tn),Ctlc f'l ~ . . JC- ~rd RCOrnfvLe.flcl OL-t- +4_ C~ o.Y'f\l\ì <i --\-\.,~ L{)R's - InC1W/e ( '\jr\, O-rY\1ndfNfLt 80 reJhlCnQvJ S' -\-~Q -\ é\\ÀA~ Vlon con' v Wil nq \V> \( t~ ~cLuì T\ Q.__ i . L \Yl - '--0 S' 1- peu ~ PDqr. d- par d- fyj po r+ +~~ l'\oncotìforn1..Uìc) u.s'{ \.-v\. r (. S l c:l.cn Tto.-l ' OLn V\.X. q I ~ ~\...LvV\ Ct -h fY\.c l L (\1\ ~k- -fu Y- '+G- V10 ~ L0YVvp L~ . no-t op yºSed . JC- Œìn t5' \lv¡ll no~ .-11 nOt\Ct 0 o y+q 0 <;1<" W\,~ ~Oc+ +yPf! ot lQfì VLO~ '(r¿ COfYlrv\.Ælìdfhcd Cc nd - S~( Clo. Odd Hìonúl ò-klft: CC(V\IY\L -l-o odd r-c 5'J bOCtYÔ Y C 0 Yì C e~v n s tn/l - monOfl -tc ad v í Se C2c+o OJ)'ûn d £e.C. QO-3S vJl rc40 r l J tdcn-:f\ 01 t t 'vf 70YlßOI C(l-nO; ovy Ctll cL +to.. + .~ y ~/l ~ Ve.:) t-C\ qcch QV7 Ý( ". non -Con+-orrZ1 iÌ7CJ u·e S' Cœ1ìnuQ Ih. res. Dn~ Sr¿CO/2 ci e . PAGE -4- v. ADJOURNMENT - Chairperson Ledferd at p.m. CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING FEBRUARY 22, 2005 OFFICIAL AGENDA PAGElOF2 I. CALL TO ORDER: Land Planning Agency, February 22, 2005,7:15 p.m. - Chairperson. II. CHAIRPERSON, BOARD 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 William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for January 25,2005 regular meeting. IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-001-SSA. Consider a recommendation to the City Council, to change the land use designation from Single-Family to Multi-Family. The subject property is located at the Southeast corner of NW 3rd Avenue and NW 12th Street. CR Investments of Okeechobee is the property owner, D. Robert Willson is the applicant - City Planning Consultant. FEBRUARY 22, 2005 - AGENDA - PAGE 2 OF 2 IV. NEW BUSINESS, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-002-SSA. Consider a recommendation to the City Council, to change the land use designation from Single-Family to Commercial. The subject property is located at the Southwest corner of NE 7th Street and NE 3rd Avenue. David and Anita Nunez are the property owners and applicants - City Planning Consultant. v. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this . proceeding, such interested person will need a record ofthe 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. Tapes are for the sole purpose of backup for official records ofthe Department of General Services. ~ . . City of Okeechobee Date: Petition No. General Services Department Fee Paid: Jurisdiction: 55 S.E. 3rd Avenue, Room 101 2nd Hearing: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: Comprehensive Plan Map Amendment Ap Please Check One: /Small Scale Amendment (Under 10 Acres) _ Large Scale mendment (Over 10 Acres) V Name of property owner(s): A Owner mailing address: LJ p P Name of applicant(s) if other than owner (state relationship): L I Appljcant mailing address: c A Name of contact person (state relationship): D ,Kob N T Contact person daytime hone(s): l V Property address / directions to property: SE Parcel Identification Number: Size of the Property (in acres): Current Zoning Designation: P R 0 Existing Use of the Property: P E Proposed Future Land Use Designation: R T Proposed Use of the Property: y Description of Surrounding Properties: c.: Unifonn Land Use Application (rev. 12/03) Page I of 2 · e v Required Attachments /" Survey of Property (11" x 14",20" Scale) ./ Appli ation Fee (non-refundable) ----;;r Let1er Outlining Request --;7" City ocation Map --:;7 Notarized Letter of Owner's Authorization V Confirmation of Information Accuracy I hereby certify that the infoffilation in this application is correct. The infor ation included in this application is for use by the City of Okeechobee in processing my requ st. False or misleading information may be punishable by a fine of up to $500.00 and i prisonment of up to lJ'::i!~Ultlß the summar?;nial ofthis application. l. ,L . flors~ ~~ S i ana ture Printed Name "n;r~H·, TI J 'Hl..~ 'L,,-. ".....--.I;","'d;......'1 t.._,. "IIY', P'HH>' ..., nr..., · Letter of Agent Authorization The undersigned sole owners of CR Investments of Ok echobee, Inc, hereby authorize D. Robert Willson to be the agent representin the Company in regard to a Land Use change application on three lots i Block 19 of the City of Okeechobee submitted to the City of Okeechobee. \02æL-- / /~ G!O ~r-- D. Robert Willson Date ~t- '1 -;)... ~- () 5 Carl Ferrero Date ",'II/',,~ Thresa C Sallette ~"k~V PlI. ~ . s~?D~Commission # DD092091 ª-; . = Expires ~ 13, 2006 ~~ ~~ Bonded 'lbru "';. ~ .",g~,ff,\: Atlantic Bondm.g Co., Inc. . 1111111111.1111111111111111111111111111111111111 FIt E NUI' 2004·00:1. 9~::'~;; OR BK 00522 PG 1666 !::l:§Qared bv andretuLnjQ. !;lIrWI H nUl}ŒTSDH ,. Cl.Elœ. DF CIJ;:CIJIT CUlm! JOHN D. CASSELS, JR. iWEEH( ['.EE COUlfrY. I L Attorney at Law ¡;:ECO llEIJ 02/0'5/2(:1/),. 02:26:1)5 1"11 Cassels & McCall I-:FCO :rìIl1G FEES 6.00 P.O. Box 968 400 NW Second Street DlTll DOC 105.00 Okeechobee, FL 34973 F-:FCDI:L,E[ì Wi H Arnold File No.: 1507 Parcel Identification No 3-15·37·35-0010·00190·0140 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM· SECTION 689.02, FS.) This Indenture made this 5th day of February, 2004 Betwecn YOLANDA S, HARRISON whose post office address is 704 SE 14th Avenue, Ok echobee, FL 34974 of the County of Okeechobee, State of Florida, grantor', and CR INVESTMENTS OF OKEECHOBEE, INC., a Florida corporation whose post office address is 410 SE 2nd Avenue, Okeechobee, FL 34974 of tile County of Okeechobee, State of Florida, grantee', Witncsseth that said grantor, for and in consideration of tile sum of TEN AND 0/100 DOl.LARS ($10.00) and other good and valuable considerations to said grantor in iland paid by said grante ,tile receipt whereof is ilereby acknowledged, ilas granted, bargained, and sold to tile said grantee, and grantee' heirs and assigns forever, tile following described land, situate, lying and being in Okeechobee County Florida, o-wit: Lots 14, 15, & 16, Block 19, CITY OF OKEECHOBEE, according to the plat tile eot recorded in Plat Book 5, Page 5, Public Records ot Okeechobee County, Florida, Property does not constitute the homestead og the Grantor. Subject to restrictions, reservations and easements of record, if any and said grantor does hereby fully warrant tile title to said land, and will defend tl1 same against lawful claims of all persons whomsoever '" "Granter" and "Grantee" aí2 I1sed for smgular or plural. as canlexl fe ujre~ In \Vitncss "'hcrcof. grantor ilas ilereunto set grantor's hand and seal the day Signed, S.. ealed anÇ delivered in.":'o .' presence: /,/ :¡Øj' ./' "/ ,J ./.:<~':Ó -::. ?-:;Ç" /1'-~--;2.----- -. , Å d ;1..í1 F\ v- ., .-% . -' /'/<: j . . .cUy¿v~r 'v Jst~G"\~ss--Sion~tuí·t ' './ , ~ 'N/' ' ~~)L+_~--\.ì , ,',T J~->_/l/ '){,:/U--- 1st \\ lines I'rilll Name i- Slate of Florida County of Okecchobee The f() "egoing instrument was/acknowledged bÿlfre me this 5th day of ¡-ebruary, 2004 by YO~AN )A S. HARRISON, who l_1 IS personally known or lvl has produced _J::.- L, ~_. " as I enllhcatlon. ( \ \. \ , . _____.~/ - I~Ld0o \ ítUnl(j!./f ~_____ [Notary Seall N . ta y Public ,/1 . . . I'l"Int d Name: t:. _.LJJ1LLLLtllLB~__ a""'..... /(ann Ammons M C' .. E . <' -.ß"". )' ommlsslon' 'pllr: "'-'t'. i My CommISsion DD211896 o,,'~ Expires July 11, 2007 BOUNDARY SURVEY LOCATED IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST ~ TALLAHASSEE MERIDIAN , "" OKEECHOBEE COUNTY, FLORIDA ,. J: ~ DESCRIPTION (j ~ ILJ Lots 14, 15, and 16, Block 19, OKEECHOBEE, 0 I according to the plat thereof recorded in I 70 R/W , . " NW 12TH STREET Z Plat Book 5, Page 5, Public Records of __---1___ ,1-___cr__---28~5651 E_______ ____ I Okeechobee County, Florida. I 35.0- ií 150.06' FORMERLY EIGHITENTH STREET -: ! ¡ EDGE or PAVEMENT 3: , 'T_ , I;" I n 10 0 a SURVEYORS NOTES ~ I ~ ~ 18 In In "1" Subject to easements and restrictions of record. I g I 1 50 06' I C/1 _____ FENCE CORNER 3500' , '51" 1 . , / 0.2'0, GA'S Lands described hereon not abstracted by this office. '- _ +- ~ _ _ S8956 E n 000.'" 50.06 o~ W I I FD 5/B' IR 50.02' M I 50.02' M I 50.02' M FD 5/B' IR . Underground utilities and foundations are not shown. ~ I II NO 10 NUMBER 50.00' P 50.00' P 50.00' P NO 10 NUMBER The description shown hereon was provided by the w 18 client and/or his/her agent. > ~ I I I « ::; Not valid without the signature and the original raised 0 [, ~ I seal of a Florida licensed surveyor and mapper. 0::: g II t") ~ o..~ ¿D.. The surveyor did not interview adjoining land owners I ~ I' 0;" I 0.52 ACRES. TOTAL I ;.()o . 0_ 00 for unrecorded deeds or easements. :> I 'I' 00 00 ::> t.,()liì liì:.J') Elevations, if any, are based upon assumed datum. Z I I ~ - líCHAlNUNK ~I" ' ::>ID- ::>ID- FENCE Lands shown hereon are in Flood Zone C, as scaled from ,~ :'2 LOT 16 -:.... <;;; LOT 15 ào 0 LOT 14 LOT 13 FEMA FIRM panel no. 120177 0200B, dated 2-4-81. '" ~ ;; ;; ~ ~ 81"- ú1L.O I.()t.,() Address: NW 12TH STREET, OKEECHOBEE, FL. Z I B~LOCK 19 _ I w I OKLECHOBEt. I w ~ PLÞ.T BOOKS, PAGE 5 '::r SURVEYORS CERTIFICATE I '8 OKEECHOBEE COUNTY ¡::; I b FLORIDA . I hereby certify that the attached sketch of survey ~ 0 8 ----e of the hereon described property is true and correct ~:s Z C/1 LV Llle: ve:::'l VI "'Y Knowleage ana Dellet as surveyed R U' :¡¡ I I in the field under my direct supervision. Subject to I the qualifications noted hereon. ~ ' , FENCE CORNER I I. 50.00 P 50.00: P I 50.00' P ,/ O.4'E. 2.2·N J R AI d PSM L _ ~5!J0_ _ 50.02 M 50.02 M 50.02' M <---0- am:s .. mon, I S89'59'56"E SET 5/B" IRC N89'59'05"W 150.06' M FD '/2' IR Prof ~sslonal Surveyor-Mapper PSI' SOB' '15000' P NO ID NUMBER Florida Regiscration No. LS5081 CERTIFIED TO ONLY THE FOLLOWING PARTIES: I 1 5 ALLEY . LEGEND Drawn By: TJ C. CR INVESTMENTS OF OKEECHOBEE I I' - _ _ _ _ _ _ _ ~: ~~U~'~N~,~~NS'ON JAMES R ALMOND PSM I I II I' I ~M·_P;;-'o'Ng~~S~.;'NUME," PROFE8SIOltALLANO"SURVEYOR-..APPER.cbltsULTANT LOT 17 LOT 18 LOT 19 I LOT 20 :~c--'~2~:2gDw""c"" ~ 2973 SW 3RD TERRACE ~ '::J : :::;r. ~rx OKEECHOBEE, FLORIDA 34974-2684 UP . CITIUlY POLE TEL: (863) 467-5700 FAX: (863) 467-6121 CP:'N:"ê'~~~ EMAIL: almond@okeechobee.com ~ "" CENTRAL ANGLE SCALE, IFL08K/PAGE REVISIONS I SURVEY DATE: DECEMBER 29, 2004 ~H-_"¿~'~~DOISTANCE I ," = 30' 113/75 ~L""" ~~a~ ~"EE.: FO - FOUND PROJECT No. I 1 INCH I PRE PAR E D FOR : ~~ : ~~~ BOOK 4246 THIS BAR is INTENDED TO MEASURE 1 INCH LONG C R ORB "" OFFICIAL RECORDS 3COK SHEET 1 OF 1 I MAP OF BOUNDARY SURVEY AT THE S~~~R~~O~~. ~~~ ~g~~~~G~~FFERENTlY I N V EST MEN T S 0 F 0 K E E C HOB E E ] ~o ,.'" N~iP~OfAl · 1375 Jac Street, Suite 206 Fort My rs, 'lorida 33901-2845 Phone: 2 9-334-3366 Fax: 239-334-6384 Email: I e- p lanning(â)att.net Staff Report - Sm II Scale Comprehensive P an Amendment Prepared jòr: The City of Okeechob e Applicant: D. Robert Wilson From: Single Family to Mul . Family Petition No. 05-001-SSA . . Staff Report Applicant: D. Robert Wilson Small-Scale Comprehensive Plan Amendment Petition No. 05-001-R Applicant: Applicant Address: Applicant Phone Number: Owner: CR Investments of 0 Owner Address: Same as Above Owner Phone Number: Same as Above Future Land Use Classification Single Family Zoning District RMF Residential General 1 Use of Property Vacant ulti-Family (duplex) Acreage 0.517 0.517 Access Location: SE Corner ofNE 3rd Avenue and NW 12th treet Legal Description: Lots 14, 15, and 16, Block 19, OKEECHOB E, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okee hobee County, Florida The applicant is requesting an amendment to the City oc Oke chobee Future Land Use Map, previously adopted by Ordinance, from Single Family t Multi Family to allow a higher density on the subject property. Based on the size ofth property, the application qualifies under Chapter 163 of the Florida Statutes as a Small Scale Amendment to the Plan. North: Future Land Use Classification: Single Famil Zoning District: RMF Existing Land Use: residence East: Future Land Use Classification: Single Famil Zoning District: RMF Existing Land Use: residence South: Future Land Use Classification: Single Family Zoning District: RMF Existing Land Use: vacant 1 · Staff Report Applicant: D. Robert Wilson Small-Scale Comprehensive Plan Amendment Petition No, 05-001-R West: Future Land Use Classification: Multi Famil Zoning District: RMF Existing Land Use: vacant Summary: The property is within the RMF zoning district and is des gnated as Single Family on the Future Land Use Map. The applicant proposes to ame d the Future Land Use Map to allow Multi-Family as a land use designation on t e property. This would provide consistency with the exiting zoning and the surro nding land uses. The applicant intends to construct a duplex on the site. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Pia Policies. Based on the application, it would appear that the pro osed use (duplex) is consistent with Objective 2 and its corresponding poli ies in the Future Land Element. In addition, the proposed Multi-Family desi nation would create consistency with the RMF zoning district for this prop rty. B. Concurrency of Adequate Public Facilities Public water and sewer are available to the property. ny other concurrency issues will be addressed when the applicant applies fo a site plan review. C. Compatibility with Adjacent and Nearby Land Us s The change from Single Family to Multi Family will ot create an incompatible use with the surrounding neighbohood. The subject pr perty's close location to other property zoned for multi-±àmily uses create com atibility with the exiting land uses. Also, the southwestern portion of this Bloc is in the Commercial Future Land category. D. Compliance with Specific Standards of the Plan. The proposed future land use amendment is in compli nce with the specific standards of the Comprehensive Plan. Analysis and Conclusions The existing Comprehensive Plan goals, objectives, and p licies will support multi- family uses at this location. Staff recommends approval 0 the applicant's request to amend the Future Land Use Map from Single Family to ulti Family as the request is consistent with the City of Okeechobee's Comprehensive Ian. Submitted by: James G. LaRue, AICP 17 February 2005 2 . . City of Okeechobee General Services Department F~~ Paid: 55 S.E. 3rd Avenue, Room 101 1st Hearing: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notic~s Mailed: Comprehensive Plan lYlap Amendment AppIi ation / .0/ Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale A endment (Over 10 Acres) v' Name of property ovvner(s): - M-t/¡!J /l0. A Owner mailing address: '2. v&'£ p p Name of applicant(s) if other than ovvner (state relationship): L I Applicant mailing address: :5A¡H~ . C A ( ';!¡;L // µ"'YI ¿ ~ N Name of contact person (state relationship):~' T '~~J/ ~?-.;J¿_.) / Contact person daytime phone(s): v' ~dv2¡¡J¡¿£1Ic.' I" Size of the Property (in acres): P Current Zoning Designation: \ R Current Future Land Use Designation: .s t= 0 Existing Use of the Property: P E Proposed Future Land Use Designation: R T Proposed Use of the Property: y tjw~ì L- (\' \¿~ Description of~oW1ding Properties:M I¿'I!;¡j~~I(~/~ik/ I<..~þ ·1(i;(;~~fr g,::- St."h..7k K>t¡:: A--J't.~(J(·¿~(..¿'l,l.lL LüLZs,cc7Ã'4-clüc:¡JritJLI ) l)I'\'':~Î''1n:l.f- ~JJ1) c-It- 45 Rsr: -ë.rrCf I c f~ /1'11 Ii L~ J'nrYJ.tZ {,¿ ~ ~ L~gal De¡tPtion of the Property (Lengthy Des~riptionMay be A!!ached): ß¡-ft¡ i)~ i)f¿t:t¡;lu"'¡;f~ /...¡.-(~ /1 L B),t;k '7 'iJ , - - . . V Required Attachments - Survey of Property (11" x 14",20" Scale) _ Appl' cation Fee (non-refundable) _ Letter Outlining Request _ City Jocation Map - Notarized Letter of Owner's Authorization V Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The info nnation included in this application is for use by the City of Okeechobee in processing my reql est. False or misleading information may be punishable by a fine of up to $500.00 and i mprisonment of up to 30 days and may r suIt in the summary denial of this application. /-,~ /1-// 4111lL NU11è'L / - ;)V'- oS Signature' II /' Printed Name Date V ! I Uniti.mn Land Use Application (rev. 12/03) Page 2 of 2 ! · David & Anita Nunez, Jr. 2085 S.E. 4 tho Street Okeechobee, Fl34974 863-467-0611 January 20,2005 Reason for Request The Applicants are the legal owners of record of the p operty described as: City of Okeechobee Lots 1 & 2 Block 78 according to the plat recorded in Plat Book 5, Page 5, public records ofOkeechobee C unty, Florida. We request a change in the Property Zoning for the future use of the property as a Professional Office (Church Office). is property is under contract for sale, a Lease / Purchase contract conting nt on a zoning change to allow an office to be constructed on the above p op rty. '-... ~.S~q I~ avid Nunez, Jr. '~ { :!Jt2lr ø·()¿1 . . -JX!~ /-</O,Oð This Ducumell! "rel.ared lIy alld I!ctllrn 10: 0 CONELY & CONELY, P.A. ©~ TOM W. CONELY, III (/) 401 N.W. 6TH STREET .~ P,O. DRAWER 1367 ~>~':V OKEECHOBEE, F'L 34973-1367 011 ,) fl- l'areellD Nllmher: 3 - 15 - 37 - 3 5 - 0 0 1 0 - 00780 - 0010 (.... ..='>. Granlce # I TIN: Grantee /12 TIN: Warranty Deed This Indcnturc, Made this 16th day of April , 20 4 A.D. Bctwccn ROBERT C, PARKER, SR. and JOANNA PARKER, his wife of the COllllty of Okeechobee , Slale of Florida , grantors, and DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose addlùs is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of Ihe COllllly or Okeechobee , Slale of Florida , grantees. 'Vitti csscth tI",t Ihe GRANTORS, ()f alld in cOllsideration of the slim of ------------------------TEN DOLLARS ($10) ----------------------- DOLLARS, and other gno(1 and valuable consideration to GRANTORS in hand paid hy CmANTEES, the receipl wi crcof is hereby acknowledged, have granted, hargained and sold 10 the said GRANTEES and (ìRANTEliS' heirs, SIICCCSSo.-s and ¡Issigns forcvcr, hc following described lalld, situate, lying untl hcing inlhe County of Okeechobee Stale of Florida 10 wit: Lots 1 and 2, Block 78, OKEECHOBEE, according to the lat thereof recorded in Plat Book 5, Page 5, public records of Ok echobee County, Florida. Subject to restrictions, reservations and easements 0 record, if any, which are not reimposed hereby, and taxes subseq ent to December 31st, 2003, alltl th~ grantors do hcrt:hy fully Will1"<l1I1 lilt.: lilk 10 sai, ¡HHI, :md will ddCllt1 Ihe Sôll1IC ¡Igainst la\Vhll daims or <III pcnilHls whomsoever. In \-Vitncss 'Vhcrcof, the grantors havc hercunto sd their hands <tllll seals Ihe ¡lay and ycar firsl above written. Signed, seale!1 and delivered in 0111' presence; JD7Y17d''¿ /~¿ (''''') EVA MAE CONELY Witness ~- (Seal) TO ,C NE ,III tness STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing ¡lIslnnllenl was acknowledged before me this 16th day of April , 2004 hy ROBERT C. PARKER, SR. and JOANNA PARKER, his wife who arc personally known 10 IIlC or who have produced their I,,~~ri~k.:· ·-·EvÃMli~-cöÑÜy----1 .[:]' &~.'....'.;;) ~~YCO~MISSION!CC9fi(J503 EVA MAE CONELY \F~(Y~" EXPII¡ES: Docembel 12,2004 Notary Public 'J ,,7t;,I~:f,·' O'Jlkled 111m NOløry Puhllc Undø,y¡rllBIS __m. - .....- \fy('nulllli:¡...lollllx lÌlt','i: 12/1204 JNE7,- Pl\HI(ER I a,,., /;"I""¡, d 1,\, "·.lli'I,I.\, ';\"''''''' "10 ',IflO\ r!!i.n -/(,\ ~\~\ 1'"1,,, 'I W!I I (:n(' · January 21,2005 ~ First ßaP.tist Dear Sirs, .. Church of I would like to request on behalf of Big ake Baptist Association Okeechobee that the property on the attached appli tion be reassigned for Light Commercial Use on the Propose Land Use Map. It is the desire of the Big Lake Association t purchase this property and construct a 1600.:!: square foot offi building for our Direc- .... tor of Missions and a secretary. The office will serve as the headquarte s of all the cooperating Randy Ilucl(abee. Th.D.. Southern Baptist Churches around Lak Okeechobee. Daily traffic will vary but will average less tha three to five vehicles Paltor/TeaçhO!'r randomly visiting the office per day. T e office is currently 10- lamel Garner cated in Clewiston but it is the desire 0 the Association to relo- Paltor 01 DitçiplO!'lhip cate to Okeechobee due to growth pro' ctions indicating a David IIarril greater portion of the population will re ide on this end of the Pallor 01 WOllhip lake. larry Woodward Pa,tor 01 S",nior IIdull1 The activities of the Association will be planned from this site. Cindl mal nard Dlreçtor 01 n",çreation mlnilhl Resources will be made available for v rious churches to pick Glenda lIardak",r Up and use for their own ministry (Res urce Library). Dlreçtor 01 Children"1 minilhl Committees will periodically meet with he Director of Missions during the day as well as early evenin s. It's main purpose is to serve as an administrative office for he Baptist Association. Thanks for your assistance. 40 I s. w. rou,th Sheet Okeeehobee.rl54974 (865) 765-t 171 rOK (865) 765-8904 e-moih moil@'beokee.o'9 -- - = AQ'HAL T rt. I!. 7TH CõTR!I!T lOO'P"· ASFHAlT = AQ'HALT ~ A 1---- -------~-,-,..."." "---- I · .0. - ,.."." '"... - """" - T - -co,"", .. ,.. No. 6178 No. 6178 No. ~78 OJ 30 0 OJ I I ¡¡: ¡¡: \D -: SCAI.E:AS_ iR= I I ~; I 1- l- i'" "'I ~æ ~¿ I I ;;;; I 3 3 T'I1' I CAL. &.aærtI -j G';¡ {HIE IFI'lICAlU-se _'.1 Lon . LDT. LDT" I . i'IIH'EIIWÐT IÐÐIE1a _ ! ~u. VACW1T ! VA.C..Al1T' VACANT: l'CI>->EiIWEIIT _ POINT ~hi . DIF~IDI£TE _ FrANJ I ~ ~ tle-aIIŒ1i _ SET :I !ii! ~~Î /IF-IDIA FUll "- I , 8 8 I J::~r:l = "5UI ~ ~ PC ·PIIlfifT-(F-ClllYAT\.Æ -a ~ il L : .... If -f'OINT-G".T_ i3 ;,! I IJ ~~I:¡~cI:k "- /Q:·POINT....~ ~ ii I "- Pœ-POINT-I/F-IIEIIMlI. PU.-f'OINT-iJl-LIIIE !F1IIJ - so. FL!IImo ....... OIST. Sl ~:;j No. 5178 SS9'59'JO' ' 100. aO·fF. PJ FCD-fL1ICIJ QIfTIQ. O/STIIICT -------- Sll>-SUTE 0010 ŒPIATIUT ::1 <i~ RBF ~/Cap 8 ~ OOT-ŒPNIT1EIfII/F _ATU.. >i ~' AU.m II!FM/Caø II11-i.IIITED TB.8'IQ£ SÐIIICE ¡I ~: w S8!1'59'30" loo.OO'(F,P No 5178 !ii~ i~ I FFt'"fl.IIUDA PœER C LlltT co. 10.6178 I'P >i IFI-FIELDIEASUIE IPHs PEII PUT U I-----~ I (CI-<ALC.OISTAHCE ¡Ol-AS PEII OEm U œç WALL., RBf ~/Call ~ S/T-SEPT/C TIN< .. -tIIMIU uj 1o.51T8 ar I u Fe -fÐCE CIIIIEII .. __ PCU 0 rb RoQ=- ~ ~1IiT.PIP[ Tœ-III'I/FIIN< r: o EHCROACliES 1. 8' IL 1:: ilCl'-llEIF.CONC.PiP[ CI .u.TOI BASI. 0 -.I- OYEJIÐ. LINE . -fAg ME1ER .J I I FЫ:E Ends:Q'I LIne ""'""'*- FÐa: LINE 111_ .J I 1 ~ I .J <ß ~ I I 6 I <ß ~ rtJTI ;: ~ .... .... 1. =:r¡m:=: n,~l"rrtA'=~~ Ì!1 I I I ~ Z. TIll, sur",. II bind Oft IntlNltlDn PRIVACYa.i'£. II"G' ou by ttlt CU.tn..¡lpnt MIl nD I 1 CllAIILIN< ~ n. 2~2' z g g IHrCh .iI ..ell Of _lie neara þJ !¡ this officI to "r", It 4.n, GIIW'.. I I 8 I '...lInt., or "'Iht--ot IIIYI. L ~ I 1 ::.w~:~: ro:t:;':~. ~~-.nt .( Thl. IUrY', " nl1 "lid .f1hout LOT 10 LOT 12 ~,:~I:::r:r ~ Fr:,:1 tl~:~1II1 RE<;I~ !b'"yor Iná _'r. . RBF In Canc. sa9'59'30" 100.OO·IF. PI RBF II/Cap ~_Ol ~ - Na.31H p.ntl , 12D177 D2Oœ. lIotI"CII III. Hai" 59" 30" E ·440. DS" F ~ . 'n Hot IncluOIII ArN ot City LI.11., !I tap FIOO1I lon. C. If" (l:1eCltoÞI. CGunty No. 5178 ~,. 5178 Pllnnlng , lonlna OIHrtJ.nt. 5. PrOHrt, MdrlH rs: = AQ'H.AL T 208 It. E. 6th st,...t, OtMeaooll. FL rt. I!. ~ 'TRE!I!T 70' RII . ASPHALT 7. Th.,.. .t)' Þ. IddltlDftfl restrictions tftn II't 1101 r.COI'dtcI an tftl. .urr., = AQ'H.AL T that ..y þ, touncl In tll, Pu" Ie RtcorlfL Q.R\.e'( CP: I 1-----_________, r-----__ LOTS 1. ~ 11 I 1~ SLOCIC 7!. IlŒECllœEt I .ccordlng to tilt Pllttnerlof II r'~rd- CI) !i ~ Ii In PIn Boot 1. Pttl 10 of 1h. P\lþlle Record. ot OkttcnOÞH County. Florid.. :;'; ~ ¡¡¡ I ~ ~ I I I I ~ g J ~ I I I I I I i¡;; 0= ~ ª ¡ i :.. i ~ .. is .. iii c Ii! =~~j 0= · 1375 Ja ~Street, Suite 206 - Fort My rs, 10rida 33901-2845 Phone: 39-334-3366 Fax: 239-334-6384 Email: I rue-planning(ã)att.net Staff Report - Sm II Scale Comprehensive P an Amendment Prepared jòr: The City of Okeechob e Applicant: David and Anita Nun From: Single Family to Com Petition No. 05-002-SSA . . - Staff Report Ap licant: David and Anita Nunez Small-Scale Comprehensive Plan Amendment Petition No. 05-002-SSA General Information Applicant: Applicant Address: Applicant Phone Number: Existing Proposed Future Land Use Classification Single Family Commercial Zoning District RSFl CPO Use of Property Vacant Church Office Acreage 0.321 0.321 Access NE 3r Ave & i St Location: N. Highway 441, East on NE 7th Street to rd Ave. NE Corner Legal Description: Lots 1 and 2, Block 78, OKEECHOBEE, ccording to the Plat thereof recorded in Plat Book 5, Page 5, Publix records of Okeechobee ounty, Florida. Request: The applicant is requesting an amendment to the City of Ok echo bee Future Land Use Map, previously adopted by Ordinance, from Single Family to Commercial to allow a church office on the property. Based on the size of the prop rty, the application qualifies under Chapter 163 of the Florida Statutes as a small-scale a endment to the Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Classification: Industrial Zoning District: Industrial Existing Land Use: Auto Repa r Shop East: Future Land Use Classification: Single Fa ily Zoning District: Residential Single Family 1 Existing Land Use: Vacant South: Future Land Use Classification: Single Fa ily Zoning District: Residential Single Family 1 Existing Land Use: - West: Future Land Use Classification: Single Fa ily Zoning District: Residential Single Family 1 Existing Land Use: Trailer Par 1 # . . ~ Staff Report Ap I¡cant: David and Anita Nunez Small-Scale Comprehensive Plan Amendment Petition No, 05-002-SSA Summary: The applicants are the legal owners of the property and reque t an amendment to allow the property to be redesignated as commercial. The property is u der contract for sale to the Big Lake Baptist Association. In a letter from the association, he pastor states that the office will serve as the headquarters of all the cooperating Sou hern Baptist Churches around Lake Okeechobee. The properties north of this Block a e in the Industrial future land use category and some of Block 78 has recently been red signated as commercial. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Po icies. Based on the application, it would appear that the restricte commercial future land use is consistent with Objective 2 and its corresponding policie in the Future Land Use Element. B. Concurrency of Adequate Public Facilities Public water and sewer are available to the property. Any 0 her concurrency issues will be addressed when the applicant applies for a site plan revi w. C. Compatibility with Adjacent and Nearby Land Uses The requested future land use designation will be compatibl with adjacent land use categories if the zoning is restricted to CPO. The proposed se will be consistent as the neighborhood is slowly transitioning to incorporate light co mercial uses as evidenced by recent land use and zoning changes on two lots a the sou hwest corner of this block. D. Compliance with Specific Standards of the Plan. The proposed future land use amendment is in compliance ith the specific standards of the Comprehensive Plan. Analysis and Conclusions The existing Comprehensive Plan goals, objectives. and polic is will support commercial uses at this location. Staff recommends approval of the applic nt's request to amend the Future Land Use Map from Single Family to Commercial as t e request is consistent with the City of Okeechobee Comprehensive Plan. Submitted by: James G. LaRue, AICP 17 February 2005 2 . . LARuE PLANNING & MANAGEMENT SE VICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366· FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: John Cook, City Attorney From: James G. LaRue, AICP Date: February 22, 2005 Subject: Nonconforming Uses We have been experiencing difficulty with existing residential welling units that have existed for significant periods of time in a nonconforming state. Our ·fficulty arises when the property is sold with an existing nonconforming structure and the ne owner is not able to conform the existing use with the future land use. As such, it would s em appropriate to revise the nonconforming ordinance to exclude residential areas. I think this ould alleviate the problems we are encountering as far as the selling and uses of residen ial property. JGL:lk . . . ORDINANCE NO. 885 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F ORIDAAMENDING ORDINANCE NO. 716, CODE OF ORDINANCE, PARTICULARLY CHAPTER 90, ARTICLE TWO THEREOF, DEVEl PMENT OF NON- CONFORMING lOT, AS SET OUT IN SECTION 90-35 THEREOF; AMENDING SAID SECTION TO PERMIT CERTAIN ON-CONFORMING USES WITHIN RESIDENTIAL ZONING CA TEGORIE ,PROVIDING FOR CONFLICTS, REPEALING All SECTIONS INCONSI TENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has historically ontained certain land use and zoning categories whose uses are not consistent with enacted land development regulations; and WHEREAS, the business/commercial district is characterized b non-conforming uses that the City has endeavored to correct through enactment 0 regulations to requirement conformance with codes upon sale or transfer of the real property; and has included residential categories within the same regulation; and WHEREAS, the intent of the original ordinances is to gradua Iy obtain conforming uses within all zoning districts, but the areas of greatest co cern are commercial and industrial areas, as inconsistencies in residential categor es does not pose the same level of aesthetic harm to the City as a whole; and WHEREAS, the City Council and Staff are concerned that requ ring all residentially zoned areas to immediately come into compliance with land u e and zoning codes upon sale or transfer places an undue burden on home own rs, and restricts the ability for prospective homeowners to obtain financing in an ar a of non-conforming use, and can be addressed adequately by other or addition I land use regulations; NOW, THEREFORE, IT IS ORDAINED before the City Council ~ r the City of Okeechobee, Florida; presented at a duly advertised public meetin , deliberation and public discussion, and passed by majority vote of the City Cou cil; and properly executed by the Maor or designee, as Chief president Officer ~ r the City; approves and adopts the following amendments to Chapter 90, 0 the Land Development Regulations: SECTION 1. THAT ARTICLE II NONCONFORMIT ES, Land Development Regulations, shall be amended in the following respect : Sec. 90-35. Change or transfer of nonconformin uses or structure. (a) Change. A nonconforming use or structu e may be changed to a conforming uses or structure for the dist ict in which it is located. Once changed to a conforming use or struc ure, no building, structure or land use shall be permitted to revert to nonconforming use. Language to be added is underlined Language to be deleted is struck thl'ðugh Page 1 of 3 . . . (b) Transfer of nonconforming use or s ucture. In the event the underlying lands on which exists a nonconforming use in a commercial commercial business distri t commercial rofessional office, or industrial zoning category withi the City is sold, assigned, or in any manner transferred from the rec rd title holder of said lands, as such ownership is reflected in the rec rds of the Clerk of Court or Property Appraiser for Okeechobee Cou ty, such nonconforming use shall cease, and not be permitted to like ise be transferred, and the nonconforming use shall extinguish.:. , Any such future use of said lands subsequent to transfer shall be in compliance with all current City Codes, and land use and zoning re ulations, as set out in the district regulations applicable to such zon n or land use designation. Excluded from this prohibition is the tra sfer of ownershi of said lands to a cor oration rofessional as ociation or limited liabili com an reco nized under Florida laww ose ma'ori stockholder is the same erson as the revious record wner. íç} The transfer of such nonconforming struct re is further subject to the requirement that the new owner mus comply, to the extent reasonable possible, considering the natu e and configuration of the structure, with all current codes, land use and zoning requirements of the district regulations applicable to the st ucture. SECTION 2. CONFLICT. All ordinances or parts of ordinances in con ict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any provision or portion of this ordinances is eclared by any court of competent jurisdiction to be void, unconstitutiona, unenforceable, then all remaining provisions and portions of this ordinan shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. Language to be added is underlined Language to be deleted is struck through Page 2 of 3 . . . . INTRODUCED for first reading and set for final public heari g on this 1st day of March, 2005. James E. Kirk Mayor ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second and Final Public Hea ing this 15th day of March, 2005. James E. Kirk Mayor ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Language to be added is underlined Page 3 of 3 Language to be deleted is strtlck throtlgh