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2005-03-22 II Chairperson Ledferd called the March 22, 2005 Planning Board meeting to order at 8: 18 p.m. Board Secretary Cook called the roll: Present Present Present Present Present Absent - with consent Present I Present - serving as a voting member Present Present Present CITY OF OKEECHOBEE PLANNING BOARD MARCH 22, 2005 SUMMARY OF BOARD ACTION CALL TO ORDER - Chairperson. Planning Board, March 22,2005, I. Secretary . 7:30 p.m. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE 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 Alternate Member Devin Maxwe Attorney John R. Cook Secretary Katrina Cook 11 II. ..;:.. ~ ,....,.. """-' Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the February 22, 2005 regular meeting; seconded by Board Member Keller. MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the February 22, 2005 regular meeting. A. III. I VOTE CREECH - YEA HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. " Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows Planning Staff Report Summary: The applicant has requested a Future Land Use change of Multi-Family for this property that was not recommended for approval. There are no master plan studies that indicate that this area, given its proximity to Taylor Creek, should be changed to Residential Multiple Family (RMF) zoning. IV. NEW BUSINESS. A. Rezoning Petition No. 05-002-R. Consider a recommendation to the City Council to rezone the property located in the 300 Block of Northeast 9th and 10th Streets, Legal description being Lots 14 through 19 of Block 32 and Lots 7 through 19 of Block 35, City ofOkeechobee, Plat Book 5, Page 5 Public Records, Okeechobee County, Florida from Residential Single Family - One (RSF-1) to Residential Multiple Family (RMF). KMJ of Okeechobee, Inc. is the property owner, Mark Goodbread is the applicant - City Planning Consultant. I C!: ~ ~ Planning Staff Report Analysis: (1) As the property is now in the Single-Family future land use designation, a change to Multi-Family zoning would be contrary to the Comprehensive Plan. (2) Multi-family residential is allowed in the requesting zoning district. (3) The proposed zoning and use is not in the best interest of the public at this time. (4) Single-family, not Multi-Family use, is compatible with adjacent land uses. (5)Changes to Residential Multiple Family (RMF) zoning could be a deterrent to a stable and balanced single family development. (6) Uses can be buffered. (7) It is not known how this density pattern would affect public facilities. (8) The Multi-Family zoning could create infrastructure impacts that are not desirable. (9) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (10) The proposed change of zoning could be interpreted as a special privilege rather than being consistent with the public welfare I Planning Staff Report Summary and Conclusion prior to Certification: The application is not consistent with the requirements of the City's Comprehensive Plan at this time. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi-Family land use category which was also denied. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from Residential Single Family (RSF-I) to Residential Multiple Family (RMF) permitting the applicant to develop multi-family residential dwellings. ~ the Board Members. There was no public comment, nor any comments from I Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 002-R, changing the zoning from Residential Single Family - One (RSF -1) to Residential Multiple Family (RMF); seconded by Board Member T. Keller. Rezoning Petition No. 05-001-R, continued. A. VOTE CREECH - YEA HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA McCOY - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows Planning Staff Report Summary: The applicant is requesting to rezone the property to allow a 96 Unit Multi-Family community on 9.9 acres ofland. This would allow for 10 units per acre. Planning Staff Report Analysis: (I) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi-Family land use category which was not recommended for approval. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) It has not been demonstrated that the proposed use would not have an adverse effect on the public interest, especially as it relates to the potential increased traffic generation that would result from Multi-Family dwellings. This general area should not be changed until a more detailed study reveals potential impacts. (4) As this use is incompatible with nearby residential land uses, future Multi-Family uses could have a detrimental impact to the residential character ofthe neighborhood. Multi-Family uses with a density as hig~ as the one being proposed could allow heavy traffic flow and may be difficult to buffer fro~ adjacent and nearby residences. (5) Such permitted uses as allowed in the Residential Multiple Family (RMF) district could affect or have the appearance of affecting property values in the neighborhood, because of the potential density allowed by the Residential Multiple Family (RMF) district, it is possible that Single family Residential values may be negatively impacted. Rezoning Petition No. 05-003-R. Consider a recommendation to the City Council, to rezone the property located within the East 9.9 acres lying North of Southwest 6th Street and South of Southwest Park Street in Section 21, Township 37 South, Range 35 East, from Holding (H) to Residential Multiple Family (RMF). Frank Altobello is the property owner and applicant City Planning Consultant. ~ CJ1 :;, B " Planning Staff Report Analysis, continued:(6) Landscape buffering could help alleviate some appearances of the Multi-Family dwellings. However, the traffic impact would be difficult to relieve. As such, it is difficult to guarantee that any nuisance could be reduced to acceptable levels. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Schools: The proposed 96 unit development could cause an increase in demand to school facilities. Streets: The proposed use will cause levels of service to decrease on the already narrow streets. Utilities: It has not been determined whether or not water and sewer will be available to the site, thus the impact cannot be analyzed. (8) The subject property will increase traffic on SW 6th Street and SW 2nd Street as a result of the high density Multi-Family development. The applicant would be required to submit a Site Plan demonstrating adequate drainage flow and retention prior to construction plans being approved. (9) At this time, the only restrictions being placed on the property are those included in the Comprehensive Plan and the Land Use Code. (10) The proposed rezoning could create a special privilege to the owner that none of the abutting residents have by creating a development whose density will be as high as IV. NEW BUSINESS. Rezoning Petition No. 05-003-R, continued. A. I ,...., ..J 10 dwellings per acre Planning Staff Report Summary and Conclusion prior to Certification: The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi-Family land use category which was not recommended for approval. I Staff recommends denial of the request to allow Multi-Family (RMF) permitting Planning Staff Report Recommendation: rezoning from Holding (H) and Industrial (IND) to Residential the applicant to develop 96 Multi-Family dwellings. ~ nor any further comments from the Board Members. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 003-R, changing the zoning from Residential Holding (H) and Industrial (IND) to Residential Multiple Family (RMF); seconded by Board Member Creech. There was no public comment, I IV. NEW BUSINESS. A. Rezoning Petition No. 05-003-R, continued. VOTE I CREECH - YEA HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:23 p.m. 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,.whic.h the ,f"" ,.., appeal is to be based. General Services tapes are for the sole purpose of backup for o}f1cial records of the Departme -- , ~ ... (i./ :::-/' ~M C ~C~ . \ \J1D-- Katrina Cook, Secretary . . PAGE -1- CITY OF OKEECHOBEE . MARCH 22, 2005 . PLANNING BOARD· HANDWRITTEN MINUTES I. CALL TO ORDER· Chairperson: March 22 2005, Plannina Board RI ~aular Meetina 7:30 p,m. 8: I g II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE· Secret ary. Presen Absent Chairperson William Ledferd J Vice Chairperson Dawn Hoover J Board Member Danny Creech j Board Member Kenneth Keller .j I Board Member Thomas Keller J I Board Member Christopher Mavroides V Board Member Douglas McCoy J S' VI A V \ý\C,\ C\ Alternate Sandra Jones .--- 5 c y \- C\ ';0 d' ~ (Y\{VV'- -/ Alternate Devin Maxwell Attorney John R. Cook V¡ Secretary Katrina Cook ~ III. MINUTES· Secretary. A. Board Member Orne moved to dispense with the reading a d approve the Summary of Agency Action for the February 22,2005 Regular Meeting; secor ded by Board Member T\~ , VOTE YEA NAY ABST AIN ABSENT Creech I Hoover K. Keller T. Keller Ledferd Mavroides McCoy MOTION: CARRIED - DENIED · PAGE -2- IV. New Business· City Planning Consultant. A. Rezoning Petition No. 05·002·R. Consider a recommendation t the City Council to rezone the property located in the 300 Block of Northeast 9th and 10th S eets, Legal description being Lots 14 through 19 of Block 32 and Lots 7 through 19 of Bloc 35, City of Okeechobee, Plat Book 5, Page 5 Public Records, Okeechobee County, Florida fr m Residential Single Family· One (RSF·1) to Residential Multiple Family (RMF). KMJ of Ok echobee, Inc. is the property owner, Mark Goodbread is the applicant· City Planning Cons Itant. J\nî lélQlU clu)CX\_tJ.~d S+ðÇf 1 OY+ - RmF 20 \ì \ nC1 vJO LA- \ ct lli Lh þQj+ ¡ntc J~ oJ y~ Ç\ro?05\2d Ç1U Cho.n~ Drnc C,-_.p V rG \'( - \\< seCOncL.- · PAGE -3- B. Rezoning Petition No. 05·003·R. Consider a recommendation t the City Council, to rezone the property located within the East 9.9 acres lying North of Sou west 6th Street and South of Southwest Park Street in Section 21, Township 37 South, Ran e 35 East, from Holding (H) to Residential Multiple Family (RMF). Frank Altobello is the prop rty owner and applicant· City Planning Consultant. J\n\ Lcx R ~/'--l. , ~.^.ç+ Kc.{JO (-\ I L0 Yì S \ sh(\-\ W\ QIO \')05('Ó LCln A 1.15e c\.s. S \ q Y\O--:\\Û~^'--' . QmC ~ Ihd -t µ JL - ~QS' ~~ H -+ \hd -to Qm D\-\ CLQ 9 \"0 u'-C - fe70n e fro I1/( H Ihd 10 Q rn r-: DC Sé"COÍ\~ · PAGE -4- V. ADJOURNMENT· Chairperson Ledferd at ()', d. '3 p.m. . . City of Okeechobee Date: ·.ÔI etition No. General Services Department Fee Paid: urisdiction: 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: V- Name of property owner(s): ~~h-J --c.. A Owner mailing address: p p Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A N T Contact erson daytime phone(s): ~7 V- Indicate current use of property: Describe impr[ements, on property, includift number/type of dwellings and whethe occupied (if none, so state): { l~ . ,.~, Is property in a platted subdivision? l\.ì P Is there a current or re~t use of the property that is/was a violation· of county ordin ce? If so, describe: R 0 0 Have there been any land use applications concerning all or part of this property in th last year? If so, indicate date, P nature and applicant's name: J ' E R Is a sale subject to this application being granted? Ì\L T Is the subW parcel your total holdings at that location? If not, describe the remain in y or intended uses: I ~S; Describe adjoining land uses / improvements to the North: South: C C;f'rv~Le 'I East V lÄ. \: Existing zoning: Future Land Use classification: Actions Requested: Rezone U Special Exception L-JV Parcel Identification Number: V- Confirmation of Information Accuracy this application is for use by alse or misleading information may be p ish able by a fme of up to result in the summary denial of this app ication. (C; Uniform Land Use Application (rev. 1/03) Pae:e 1 of 2 .' . , , , . Current zoning classification: QsÇ - \ Requested zoning classificati< n : R m ç R What is your desired pennitted use under the proposed classification: ~, ~~ Q( ~/\ ~ dVJQ\\Ir\(J~ o J N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? ~ ð - V riance? µ Õ Describe the Special Exception sought - S P E. . i." Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E, X C E Why would granting your request be in the best interest of the area and residents? p T I .0 If business, briefly describe nature including number of employees, hours, noise ge eration and activities to be N conducted outside of a building: Describe Variance sought: l- V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimwn variance necessary? P~ç.. 7. of 2 . r-¡ c-- Commercial Acreage . Groves Residential A Full Service Real Estate Finn Licensed Real Estate Broker State Cert. Res. REA 3326 January 13,2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, Fl 34974-2903 RE; Applicants Statement of interest in property Dear Mrs. Vinson, To satisfy the requirements for rezoning parcel ill #"s 3-15-37- 5-0010-00310-0110, 315-37 -35-0010-00310-0230, 3-15-37-35-0010-003220-0080, 3- 5-37-35-0010-00320- 0140,3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350-0 40. My interest in the property is part owner and representative. If you have any quest ons concerning these parcels please give me a call. Tank you for your consideration. ~espec~lly SUb'Dd, P tUf~ .. a~ . Ma E. G dbrea fz:t Lie. Real Estate Associate (863) 763-4010 . (888) 874-2945 . FAX (863 763-1376 104 N.W. 7th Avenue. Okeechobee, Florid 34972 e-mail:realestate@tucker-group.com . website: WWW.t cker-group.com . ~ Commercial Acreage . Groves Residential A Full Service Real Estate FinTI Licensed Real Estate Broker State Cert. Res. REA 3326 December 9, 2004 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Avenue Okeechobee , Fl. 34974-2903 RE: Land rezoning for JK.M Inc. Dear Mrs. Vinson JKM of Okeechobee Inc. is a corporation of which I am a partia owner of and I am also representing JK.M of Okeechobee in their application to rezone heir property to residential multi family. If you have any questions concerning t is application or anything pertaining to parcel # 's ; 3-15-37-35-0010-00310-011 , 3-15-37-35-0010- 00310-0230, 3-15-37-35-0010-00320-0080, 3-15-37-35-0010- 0320-0140, 3-15-37-35- 0010-00350-0070, 3-15-37-35-0010-00350-0140 please give m a call. Thank you for your consideration. Respe::0Jmitte~ ~{ ~ Mark Goodbread Lic. Real Estate Associate (863) 763-4010 . (888) 874-2945 . FAX (86 ) 763-1376 104 N.W. 7th Avenue. Okeechobee, Flori a 34972 e-mail:realestate@tucker-group.com . website: . tucker-group. com . . ~7 Commercial Acreage . Groves Residential A Full Service Real Estate Finn Licensed Real Estate Broker State Cert. Res. REA 3326 January 13,2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, FI 34974-2903 RE; Statement of Special Reason and request for rezoning Dear Mrs. Vinson, To satisfY the requirements for rezoning parcel ill #"s 3-15-37- 5-0010-00310-0110, 315-37-35-0010-00310-0230,3-15-37-35-0010-003220_0080, 3- 5-37-35-0010-00320- 0140, 3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350-0140. The reason for rezone is to change current zoning to residential multi family bas d on the current market conditions and the need for residen . I multi family property in 0 eechobee county. \ \. Re'¡tful Su ffi;2 \ Á V r.. 'Mark E. G 0 brea Lie. Real Estate Associate (863) 763-4010 . (888) 874-2945 . FAX (863) 763-1376 104 N.W. 7th Avenue. Okeechobee, Florida 34972 e-mail:realestate@tucker-group.com . website: WWW.t cker-group.com . . c:¡ L> Commercial Acreage. Groves Residential A Full Service Real Estate Finn Licensed Real Estate Bro/œr State Cert. Res. REA 3326 January 13,2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, F134974-2903 RE; Intended use and Nature of activities and development of pr perty Dear Mrs. Vinson, To satisfy the requirements for rezoning parcel ill #"s 3-15-37- 5-0010-00310-0110, 315-37-35-0010-00310-0230,3-15-37-35-001 0-003220-0080,3- 5-37-35-0010-00320- 0140,3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350-0 40. The reason for rezone is to change current zoning to residential multi family bas d on the current market conditions and the need for residential multi family property in keechobee county. I f \ l \ \ -.. \ \ (863) 763-4010 . (888)874-2945. FAX(863 763-1376 104 N.W. 7th Avenue. Okeechobee, Florid 34972 e-mail :realestate@tucker-group.com . website: WWW.t cker-group.com · Commercial Acreage . Groves Residential A Full Service Real Estate Finn Licensed Real Estate Broker State ~~m ~~ MrS. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Avenue Okeechobee , Fl. 34974-2903 RE: Land rezoning for JKM Inc. Dear Mrs. Vinson JKM of Okeechobee Inc. is a corporation of which I am a partia owner of and I am also representing JKM of Okeechobee in their application to rezone t eir property to residential multi family. If you have any questions concerning t is application or anything pertaining to parcel # 's ; 3-15-37-35-0010-00310-0110 3-15-37-35-0010- 00310-0230, 3-15-37-35-0010-00320-0080, 3-15-37-35-0010-0 320-0140, 3-15-37-35- 0010-00350-0070, 3-15-37-35-0010-00350-0140 please give m a call. Thank you for your consideration. 'J( '- Mark Go dbread Lic. Real Estate Associate (863) 763-4010 . (888) 874-2945 . FAX (86 ) 763-1376 104 N.W. 7th Avenue. Okeechobee, Florid 34972 e-mail:realestate@tucker-group.com . website: www. ucker-group.col11 · t i Commercial Acreage . Groves Residential A Full Service Real Estate firm Licensed Real Estate Broker State Cert. Res. REA 3316 January 13, 2005 Mrs. Katrina Vinson Okeechobee City Building Department 55 SE 3 rd Ave. Okeechobee, Fl 34974-2903 RE; Use of surrounding properties Dear Mrs. Vinson, To satisfy the requirements for rezoning parcel ill #"s 3-15-37- 5-0010-00310-0110, 315-37-35-0010-00310-0230, 3-15-37-35-0010-003220-0080, 3-15-37-35-0010-00320- 0140, 3-15-37-35-0010-00350-0070, 3-15-37-35-0010-00350-0 40. The current use of the property surrounding this property is multifamily to the Nort , single family to the west and commercial on the parcels located on 9 th street Respectf~~x s'litte~Y) \ d~çø . / \ ; ß ..~ " I ar i. Gòodbte~ Q;-)-'-7:/ Lic. Real Estate Associate L.-- (863) 763-4010 . (888)874-2945. FAX (86 )763-1376 104 N.W. 7th Avenue. Okeechobee, Flori 34972 e-mail:realestate@tucker-group.com . website: www. ucker-group.com · Commercial Acreage . Groves Residential A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 February 11,2005 Katrina Cook 55 SE 3 rd Ave Okeechobee Fl 34972 RE; KMJ Rezoning application Dear Ms. Sir or Mam, I Joy Kidwell own controlling shares in the KMJ land company d I am giving Mark Goodbread the authority to act as an agent on my behalf. ~espectfully S ubmjtted, !::::rIS¡J-rv~L Joy Kidw '.7 (863) 763-4010 . (888) 874-2945 . FAX (86 ) 763-1376 104 N.W. 7th Avenue. Okeechobee, Florid 34972 e-mail:realestate@tucker-group.com . website: www. ucker-group.com ~ . 111111I1~m IIIIIIUIIU t\"b~'oo rÞ' \0' FILE NUM 200....0211....7 OR B 005....8 PG 0339 1) . SHARON R BERTSOH, CLERK OF CIRCUIT COURT f?:lY Tbil Inotnament Prepared By OKEECHOB E COUNTY, FL And Return to: RECORDED 12/08/200~ 01:~5:35 PM TOM W. CONELY, III RECORDIH FEES 10.00 CONELY'" CONELY, P.A. DEED DOC 786.80 Post Office Drawer 1367 RECORDED BY M Anuez Okccchobee, Florida 34973 Property Appraisers Parcel ID#: 3-15-37.35-00 10-00310-00 10 WARRANTY DEED TmS WARRANTY DEED Made the ~ day of Novembe, 2004, by JMK OF OKEECHOBEE, INC., a corporation existing under the laws of Florida, a d having its principal place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, herei after called grantor, to K M J LAND, INC., a corporation existing under the laws of Florida, whose stoffice address is 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Wherever UlCd herein the tenns "grantor" and "grantee" include all the partie¡ to thiJ instrument and the heirs, gal representatives and assigns of individualJ. and the succcsson and LllignJ of corporations). WITNESSETH: That the grantor, for and in consideration of the sum of $ .00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargai s, sells, aliens, remises, releases, conveys and confinns unto the grantee, all that certain land situate n Okeechobee County, Florida, viz: Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 throu 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through , inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, accor ing to the plat thereof recorded in Plat Book 5, page 5, public records of Okee hobee County, Florida. Subject to restrictions, reservations and easements of record, if an , which are not reimposed hereby, and taxes subsequent to December 31, 2003. AND the Grantor does hereby fully warrant the title to said land, a d will defend the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has caused these presents to and its corporate seal to be hereunto affixed by it proper officer thereunto and year first above written. (Corp rate Seal) or printed Wi ess's Signature KAREN S. HAYES Witness's name typed or printed STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th day of November 2004, by JOY KIDWELL, as President, on behalf of JMK OF OKEECH BEE, INC., a Florida corporation, and who is (",personally known to me () produced Driver's 'cense as identification. -----. -----~ ---~ -- --~'._-'-~_._~-~ ...--.-- ",~~'~"-~',,'- ---- -- R ~H .... - . ~ I ~~1 ._u___~_ ,'_' '., I ":i, " ~-¡; S~; t i~©1 , ~c: ~ :1 -"n . 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I >1 I §I II~~ , 6C I --- I-xj ! . ~ fiJ § , I 0 i \ i I I '" I ¡~ Iii ==0 "'1 \ J I 0 I 1m -.....¡ p!1 {J.I~ J I L_--J ~'=' !m !J! ~ ; .I!! I I & . I I I I :>I , !~fgtIJ J I '" I i~i ~ ~ t I - I '" '" I I ~ I ... 0 I iii ~ ~ PJ- fg~ I ~ I J~ I.. ~ . ~ I f$~ I 'i!l -Þ . . treet, Suite 206 ~ Fort Myer, orida 33901-2845 Phone: 23 -334-3366 Fax: 239-334-6384 Email: lar e-planning(â}att.net Staff Report Rezoning Reques Prepared for: The City of Okeecho ee Applicant: KMJ of Okeechobe Inc. Owner: KMJ of Okeechobe Inc. From: Residential Single F. mily (RSF-l) To: Residential Multi Ie Family (RMF) · Staff Report plicant: KMJ of Okeechobee Rezoning Request Petition No. 05-002-R Generallnfonnation Applicant: KMJ ofOkeechobee I c. Applicant Address: 945 SE 23rd Street, 0 eechobee, FL 34974 Applicant Phone Number: 863-634-6999 Contact Person Mark Goodbread Owner: KMJ of Okeechobee I c. Owner Address: 945 SE 23r Street, 0 echo bee, FL 34974 Existing Proposed Future Land Use Map Vacant Classification Zoning District Residential Single Family Re idential Multiple (RSF-l) Fa ily (RMF) Use of Property Vacant Re idential Multi-Family Acreage 3.18 3.1 Location: NE 9th StreetlNE 3rd Avenue, Okeec obee, FL Legal Description: Lots 14 through 19, Block 32, Okeechobe , as recorded thereof in plat book 5, page 5, of the public records f Okeechobee County, Florida, And Lots 7 through 19, Block 35, Okeechobee, s recorded thereof in plat book 5, page 5, of the public records of 0 eechobee County, Florida. Request: The applicant is requesting to rezone 3.18 acres of land om the Residential Single Family (RSF1) zoning district to the Residential Multi- amily (RMF) zoning district. The applicant would like to develop a multi-family com unity on the subject property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: East: Future Land Use Map Classification: Zoning District: South: Future Land Use Map Classification: 1 . . .. Staff Report pplicant: KMJ of Okeechobee Rezoning Request Petition No. 05-002-R Zoning District: Industrial ( D) West: Future Land Use Map Classification: Zoning District: Summary: The applicant has requested a Future Land Use change 0 Multi-Family for this property that was not recommended for approval. There re no master plan studies that indicate that this area, given its proximity to Taylor reek, should be changed to Residential Multiple Family (RMF) zoning. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. As the property is now in the Single-Family future land use designation, a change to Multi-Family zoning would be contrary to the Comprehe sive Plan. 2. The proposed use being applied for is specifically author zed under the zoning district in the Land Development Regulations. Multi-family residential se is allowed in the requesting z ning district. '" The proposed use will not have an adverse effect on the p blic interest. .J. The proposed zoning and use is not in the best interest of he public at this time. 4. The use is appropriate for the location proposed, is easonably compatible with adjacent land uses, and is not contrary or detrimen al to urbanizing land use patterns. Single-family, not Multi-Family use, is compatible with a jacent land uses. 5. The proposed use will not adversely affect property valu or living conditions, or be a deterrent to the improvement or development of adjacen property. Changes to Residential Multiple Family (RMF) zoning co ld be a deterrent to a stable and balanced single family development. 6. The proposed use can be suitably buffered from surround ng uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Uses can be buffered. 2 · Staff Report plicant: KMJ of Okeechobee .. Rezoning Request Petition No. 05-002-R 7. The proposed use will not create a density pattern th t would overburden public facilities such as schools, streets, and utility services. It is not known how this density pattern would affect pub I c facilities. 8. The proposed use will not create traffic congestion, fio ding or drainage problems, or otherwise affect public safety. The Multi-Family zoning could create infrastructure imp ts that are not desirable. 9. The proposed use has not been inordinately burdened by nnecessary restrictions. There are no unnecessary restrictions on the property ot r than those set forth in the Comprehensive Plan and the Unified Land Development ode. 10. The proposed change will not constitute a grant of spec al privilege to an individual owner as contrasted with the public welfare. The proposed change of zoning could be interpreted as special privilege rather than being consistent with the public welfare. Summary and Conclusions Prior to Certification The application is not consistent with the requirements f the City's Comprehensive Plan at this time. The applicant simultaneously reques ed a Small Scale Land Use Map Amendment to allow a Multi-Family land use categ ry which was also denied. Recommendation Staff recommends denial of the request to allow rezonin from Residential Single Family (RSF-l) to Residential Multiple Family (RMF) p rmitting the applicant to develop multi-family residential dwellings. Submitted by: James G. LaRue, AICP Planning Consultant March 16, 2005 ,.., -' I ,. . I . . City of Okeechobee Date: ' .~ \'&-\ \ 05 Pc i tion No. 00-003 - R. General Services Department Fee Paid: ~n(J- Ju ' sdiction: Ç' ß t- c...e.., 55 S.E. 3rd Avenue, Room 101 1st Hearing: :3 \ .~ Ò" \ 0 ':') 2n Hearing: 4-15 ~ 411q Okeechobee, Florida 34974-2903 . " Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: . Uniform Land Use Application Rezone · Special Exception · Variance v Name of property owner(s): fRAAlK. ilL 7oßELLO -rAUS7J3E A Owner mailing address: Box 4Ft O~&ECHOßEE FL 2 Lf? =1-3 -0'1 r:¡- p P Name ofapplicant(s) if other than owner (state relationship): L I Applicant mailing address: " C Name of contact person (state relationship): ff1CJL F. O/(Q¡VS/C.:Z A -A GE¡1./T N 4ò";f-31'-!-/9òo l.(O::¡..... :¡. =tt.¡ - 9=1-'-13 T Contact person daytime phone(s): Fax; V Property address / directions to property: o .5: w. ;).¡V ð S TAJ:ÞT Indicate current use of property: V ACfI¡VT Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): /Vo¡vE Approximate number of acres; q, q Is property in a platted subdivision? P Is there a current or recent use of the property that is/was a vio [ation of county ordinal ce? If so, describe: /VO R 0 Have there been any land use applications concerning all or part of this property in thl last year? If so, indicate date, P nature and applicant's name: /\/0 E YES R Is a sale subject to this application being granted? T y Is the subject parcel your total holdings at that location? Ifnot. describe the remain in or intended uses: No, OWN AEM~tVG I C( -t-/_ ~A£S ,0 THE WEST tf L.AAlO TO sou íH Describe adjoining land uses / improvements to the North: COIY1/Y1m"C'JrIL South: VACt1Æ1T !CHO,4"CH East:I#!JVS"71(:I.ltL Wes : /$Ç::z IJ£V r:rAL Existing zoning: HOLIJIIV"G Future Land Use classification: sF-J.. Actions Requested: ( V) Rezone L-J Special Exception LJV lI'iance Parcel Identification Number: .2-3/- 3 ::¡'-3S--ðAOò- Oa;ö ~ ) -DODO V Confirmation of Information Accuracy I hereby certify that the infonnation in this application is correct. The information included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be Junishable by a fme of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this ap plication. ~ ~ ¡::¡tlfl'lk ßc. rpBe LL(/' :J../J I/OS- iiinature Printed Name' I ate --,- T T .,. ~ , ~. ,- . . Current zoning classification: HOL/):I./fI G Requested zoning classification RmF R What is your desired pennitted use under the proposed classification: E P. Es- -:r. tJ~,uT IAL ~CJL T:t. PAhJX/" 'r Hû.JS:I# G z 0 N If granted, will the new zone be contiguous with a like zone? ŸES E Is a Special Exception necessary for your intended use? #'0 Vari nce? ;\/0 , . " , . Describe the Special Exception sought: ' , - s ¡vA p E C Provide specific LDR ordinance citation: I ' A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p .. , T I 0 If business, briefly describe naMe including number of employees, hours, noise gene ation and activities to be N conducted outside of a building: , Describe Variance sought: - , V ¡v.A A R Describe'þhysicalcharacteristic of PCop"erty-;that mâkes' variarice necêssary: ., , .. .. I .. , A " " N C Did yöu cause or contribute to the characteristic? Is so, 'describe: E " " " -c- What is the minimum variance necessary? . , Uniform Land Use Application (rev. 1/03) Page 2 of 2 . . February 21,2005 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Rezoning and Comp Plan Amendment Request Easternmost 9.9+/- Acres of Parcel#2-21-37 -35-0AOO-00006-0000 To Whom It May Concern: This letter hereby outlines my request to rezone the above referenced parcel from Holding to RMF, and amend the comprehensive plan map fì om SF-I to (f\F as outlined in the attached applications. Please contact me if you sh uld have any questions, or require any additional information. Thank you for your consideration of my request. Sincerely, ~ ~ Frank Alotbello Trustee · I ¡;( 500 PAGE 0 ì 51+ :.¡\ Docurl1el1tuy s¡,~ paid in the mount d $ .f Class C Intalllible Ta~ paid in thð amount of$ I'twpand hy aDd rt;tum lu: ShBron RobfIItson. CIt!1'\; of Cilcni Ccurt IJov;d I'nou, ....q, Okt!,id CooJ~, ' IJAVII) I'RAlT AND ASSOCIATI',S,l'.A. 2255' _ Rood. Sui" 12SA 1«<0 Ralo.. FI, j)4J I ... 15bl) Kb2·114MO ()OOOlP . OQCfJ Tax Filii" No: 2-21-37-35-0AOO gggOO &Q08- WARRANTY DEED THIS WARRANTY DEED, made this J[Q, day of , 2003, between FRANK AL TOBELLO, a man iedman,joined by his spouse, ETHEL AL TOB LW, as to a two- thirds (213) interest,ofP,O, Box 417, Okeechobee. OkeechobeeCounty, Flotida3 973, GRANTOR, and FRANK ALTOBELLO, as Trustee of the FRANK ALTO BELL CHARITABLE REMAINDER TRUST III DATED APRIL 16, 2003, GRANTEE. GRANTO and GRANTEE have the same address. THE GRANTOR, in consideration of the sum ofTen Dollars ($10,00) d other good and valuable considerations, to said Grantor in hand paid by said Grantee, the receipt of which is he¡eby acknowledged, has granted, Inrgained and sold to said Grantee and Grantee's suc essors and assigns forever, the fol1owing described land situate in Okeechohee County, Florida, to wit: (See, attached Schedule "A" for complete lega! description) This conveyance is subject to the following: \. Zoning, restrictions. prohibitions and other requirements impo d by governmental authority, 2. Restrictions anå matters appearing on the plat or otherwis common to the subdivision, 3. Public Utility easements of record. 4, Taxes for the year 2003 and subsequent years, and said Grantor does hereby fully warrant the title to said land, and will defend t e same against the lawful claims of a!1 persons whomsoever, Where used herein, the tenns GRANT R, GRANTEE ¡Uld TRUSTEE shall be construed as singular or plura! as the context requires, FRANK ALTO BELLO, Trustee. shall have tht: independent IX'wer ¡nd thority to protect, conserve. and 10 sen. or to lease, or to encumber, or otherwise to manage and t dispo~e of the real property conveyed by this det:d. In the event FRANK Al TO BEllO cannot continue to serve as Truste ,the Successor Co- Trustees shall re ClTICORP TRUST. NA (FLORIDA) ("CJTI") and FRANK ERBY. ¡fFRANK ERBY is unable \0 serve as Co-Trustee for any reason, then DAVID PRATT, ESQ. shall serve as - Co-Trustee with cln If DAVID PRATT, ES(,), is unable to serve as CooT tee for any reason, then TONY YOUNG, ESQ, shall st:rveas Cn-Trustee with CJTI If all ofFRA KERBY, DAVID PRATT. ESQ and TONY YOUNG, ESQ. are unable to serve as Co-Trustee or any reason, then (,ITI shall serve as sole Trustee. Tht: Successor Tl1Jsh:es are hereby grantc:d the power 10 protect. conse '( and to sell, or \0 lease. or In encumbc:r. or othc:r\\'isetllll1anagc and dispost: \>fthe real propcrty d scribed in this deed. This cO!1vc:yancc is subjcct tn rcstr;clions, r~ser...ations.limitations,and asements of record, la-xes for the year 200.' anJ subsCl Ut:1!1 years, JnJ all mortgages of record w ich the GRANTEE hercm asSUIIU:S amI agrc~ i,' pay. if ;Jny 1 . . 111 5 0 0 PMf 0 15 5 :;11 IN WITNESS WHEREOF, Grantor has signed and sealed these presen s the day and year first above written. Signed, Sealed, and delivered in the presence of: #~I't'" ~~ ~gnature of Witness ..M#-P,9 4Rlr// Printed Name of Witness 11;LiÞ Signature of Witness \ þð¡¡A..) ¡1.p¡ /rtr (~~ Printed Name of Witness State of Florida ) ) ss. County of Palm Beach ) J: SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED BEFORE ME Ib;, ¡¡J..y of t,\ , ZOO3, by FRANK AL TOBELLO, Grantor, who [ ~personally o to me, OR who [ ] has prodllced as ¡dent fication and have not taken an oath. J~"':'~" DAVÐPRATT ... WY COUIIJSSIOH' DO 115Z!1 '. " ElfIe .....31.2111 ....( I.~rI" ........,IIn.....NIMrJI___ My Commission Expires: N.B. This Dc-cd has be:n prepared II Lhc Crr.m1œ"'1i requtSt wtlW'ut e'unhnatKJn or legal opinion or (itle. ü:\U"71.10"9J Xrr$deed.IøÞwtwrn 2 . :J. 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THE EAST 9.9 ACRES OF THE FRANKALTOBELLO CHRIT LE ----- REMAINDER TRUST III DATED APRIL 16,2003, LYING N RTH OF SOUTH - - WEST 6th STREET AND SOUTH OF SOUTH WEST PARKS REET IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBE FLORIDA BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH WEST CORNER OF THE PR ERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 PUBLIC RECORDS OF OKE CHOBEE COUNTY, FLORIDA, BEAR WESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF SOUTH WEST 6th STREET A DISTANCE OF 288.9 FEET M RE OR LESS; THENCE BEAR NORTHERL Y ALONG A LINE PARALLEL WESTERL Y RIGHT OF WAY LINE OF THE SEA BOARD C RAILROAD AS LOCATED ALONG THE EAST BOUNDAR AL TOBELLO TRUST TO THE INTERSECTION WITH A L EXTENSION THEREOF, 100.0 FOOT SOUTH OF AND P ELL TO THE SOUTH BOUNDARY OF THE LAND DESCRIBED IN O.R. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORID A DISTANCE OF 997.6 FEET MORE OR LESS; THENCE BEAR EASTERLY ALONG A LINE PARALLEL T THE SOUTH BOUNDARY LINE OF THAT PARCEL OF LAND DESCRI D IN O.R. BOOK 293 PAGE 257 TO THE INTERSECTION WITH A LINE LYING 0.0 FOOT EAST OF AND PARALLEL TO THE EAST BOUNDARY LINE OF PR PERTY DESCRIBED IN O.R. BOOK 293 PAGE 257, A DISTANCE OF 49.7 FEET ORE OR LESS; 1 · THENCE BEAR NORTHERLY ALONG LINE AND THE EXT NSION THEREOF LYING 70.0 FOOT EAST OF THE EAST BOUNDARY OF TH PROPERTY DESCRIBED IN O.R. BOOK 293 PAGE 257 PUBLIC RECO OF OKEECHOBEE COUNTY FLORIDA, TO THE INTERSECTION WITH A CU E CONCAVING TO THE NORTHWEST IN THE SOUTH RIGHT OF WAY LINE F SOUTHWEST SECOND STREET, A DISTANCE OF 540.8 FEET MORE OR THENCE NORTHEASTERLY ALONG ARC OF SAID CURV WAY OF SOUTHWEST SECOND STREET TO THE INTERS CTION WITH THE SOUTH RIGHT OF WAY LINE OF SOUTH WEST PARK ST ET, A DISTANCE OF 338.4 FEET MORE OR LESS; THENCE EASTERLY ALONG THE SOUTH RIGHT OF W A SOUTHWEST PARK STREET TO THE INTERSECTION WI H THE WEST RIGHT OF WAY LINE OF THE SEA BOARD COAST LINE RAILRO RIGHT OF WAY A DISRANCE OF 123.0 FEET; THENCE BEAR SOUTHERLY ALONG SAID WEST RIGHT F WAY LINE OF THE SEA BOARD COAST LINE RAILROAD, A DISTANCE F 1043.3 FEET; THENCE BEAR WESTERLY ALONG THE SOUTH RIGHT F WAY LINE OF THE SEA BOARD COAST LINE RIGHT OF WAY AND THE SOU H LINE OF THE PROPERTY DESCRIBED IN O.R. BOOK 463 PAGE 1488 OF THE PUBLIC :~" . RECORDS OF OKEECHOBEE COUNTY, FLORIDA TO T NORTHWEST 2 · CORNER OF THE PROPERTY DESCRIBED IN O.R. BOOK 316 PAGE 1439 OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 95.2 EET; THENCE BEAR SOUTHERLY ALONG THE WEST LINE OF THE PROPERTY DESCRIBED IN O.R. BOOK 316 PAGE 1439 PUBLIC RECO SOF OKEECHOBEE COUNTY, FLORIDA TO THE INTERSECTI PROPERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 PU LIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 695. FEET; THENCE BEAR WESTERL Y TO THE NORTH WEST CO PROPERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 PU LIC RECORDS OF OKEECHOBEE COUNTY, FLORID~ A DISTANCE OF 50.4 THENCE BEAR SOUTHERLY ALONG THE WEST LINE OF THE PROPERTY DESCRIBED IN O.R. BOOK 452 PAGE 1439 OF THE PUBLI RECORS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 76.1 FEET MORE OR LESS TO THE POINT OF BEGINNING. 3 ___~,.c _._,_~_~,__~~ -- -_.._.~~~-~ ---_._--------_.._~_.__.- ----- ~_._...- M C/) \) ):.. r- n, (;) ..... \--- ~ '" ~ n ~< t:) C/) I'\,) (;) ~ U1 /'0 ~ a ö>~ m "tJ Cf) «0 ):.. ~ -f ::0 01 ;:t;; -f /'~ :: C/) (;) u~ J:J .... J' ~ s, W 9 rH AVENUE ~ -f OR BOOK 293 PAGE 257 \\J ~ 997.60' 100' .. C:j D , ~ en 5"0.75' PARCEL TO 8E REZONED ~ ~ ~ AREA= 9. 9 ACRES oJ.;. ... ~ oJ(J. ¡;:; !'" 10<13. 25' :::¡ g ~ SCL RAILROAD R/H ..... , . ~ "tJ ~~ 695. 10' ã! '1:10 ----=::::::::;: - a ~ ~ OR BOO~" 316 ;¡"J: CO) --- - lTIaJ :<: 0 ~g/ -0 -I 18" .a.~ ~ aJ aJ.a. a 01 ." (.,, r tJ: S. W, 7 TH A VENUE n, ~m m fTITl ml :<: Cj) . AI. TOBELLO mJST LELAND DYALS LOCATlDIt 21/37/35 DEED BIŒTCH 'IE: 3/4/05 R. L. s. 2084 LD FINLAY NØ. : 6147 ACQUISITION NO. : 304 S. W. 3rd Ave., Okeechobse, Fla. _.47 PHONE. . . . . 183-4809 FAX.....1æ-1l6OO NO. REV "'ONS 1 1 DATE' BY SEAL F. & /Pl.: Co. 0/00 OF . . Staff Report Rezoning Reques Applicant: Paul Okonski Owner: FrankAltobello, Trns ee From: Holding (H) and lnd strial (IND) To: Residential Multi- amily (RMF) . . . Staff Report Applicant: Frank Altobello Rezoning Request Petition No.: 05-003-R Generallnfonnation Applicant: Frank Altobello, Trust e Applicant Address: Box 417, Okeechobee, FL 34973- 0417 Applicant Phone Number: Paul F. Okonski, Agen 407-314-1900 Contact Person Paul F. Okonski Owner: Frank Altobello, Trust e Owner Address: Box 417, Okeechobee, FL 34973- 04173 Existing Proposed Future Land Use Map Single-Family Sin Ie-Family 1, Multi- Classification F ily Zoning District Holding (H) and Industrial Res dential Multiple (IND) Fa ily (RMF) Use of Property Vacant 96 nit Multi-Family dev lopment Acreage 9.9 9.9 Access SW 2n or SW 6th SW 2n or SW 6th Location: 0 SW 2nd Street Legal Description: The East 9.9 acres lying North of S uthwest 6th Street and South of Southwest Park Street in Section 21, Township 37 So th, Range 35 East, Okeechobee County, Florida being described as follows: eginning at the Southwest corner of the property described in O.R. Book 452 Page 439, Public Records of Okeechobee County, Florida, bear Westerly along the N h right-of-way line of Southwest 6th Street a distance of 288.9 feet more or less thence bear Northerly along a line parallel to the Westerly right-of-way line of the Se Board Coast Line Railroad as located along the East boundary of the Altobello Trust to the intersection with a line and the extension thereof, 100.0 feet South of and p allel to the South boundary of the land described in O.R. Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of997.6 feet more or less; th nce bear Easterly along a line parallel to the South boundary line of that parcel of I nd described in O.R. Book 293 Page 257, Public Records of Okeechobee County, to the intersection with a line lying 70.0 feet East of and parallel to the East boundary I ne of property described in O.R. Book 293 Page 257, Public Records ofOkeechobee County, a distance of 49.7 feet more or less; thence bear Northerly along line and th extension thereof lying 70.0 feet East of the East boundary of the property descri ed in O.R. Book 293 Page 257, Public Record of Okeechobee County Florida, to th intersection with a curve concaving to the Northwest in the South right-of-way lin of Southwest 2nd Street, a 1 - -APPlicant: Frank Altobello Staff Report Rezoning Request Petition No.: 05-003-R distance of 540.8 feet more or less; thence Northeasterly long arc of said curve and the right-of-way of Southwest 2nd Street to the intersecti n with the South right-of- way line of Southwest Park Street, a distance of 338.4 fe t more or less; thence Easterly along the South right-of-way line of Southwest ark Street to the intersection with the West right-of-way line of the Sea Board Coast ine Railroad right-of-way a distance of 123.0 feet; thence bear Southerly along said est right-of-way line of the Sea Board Coast Line Railroad, a distance of 1043.3 feet thence bear Westerly along the South right-of-way line of the Sea Board Coast Line ight-of-way and the South line of the property described in O.R. Book 463 Page 14 8, Public Records of Okeechobee County, Florida, to the Northwest corner of he property described in O.R. Book 316 Page 1439, Public Records ofOkeechob e County, Florida, a distance of 95.2 feet; thence bear Southerly along the West line 0 the property described in O.R. Book 316 Page 1439, Public Records ofOkeechob e County, Florida, to the intersection with the property described in O.R. Book 45 Page 1439, Public Records of Okeechobee County, Florida, a distance of 695.1 feet; thence bear Westerly to the Northwest comer of the property described in O.R. Boo 452 Page 1439, Public Records of Okeechobee County, Florida, a distance of 5 .4 feet; thence bear Southerly along the West line of the property described i O.R. Book 452 Page 1439, Public Records of Okeechobee County, Florida, a distan e of 76.17 feet more or less to the point of beginning. Request: The applicant is requesting to rezone 9.9 acres ofland fr m the Holding (H) and Industrial (IND) zoning districts to the Residential Multi Family (RMF) district. The applicant would like to develop a 96-unit multi-family d velopment. Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Multi-Fami y Zoning District: Residential ultiple Family (RMF) Existing Land Use: Multi-Fami y Housing East: Future Land Use Map Classification: Industrial Zoning District: Industrial ( D) Existing Land Use: Industrial South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Single Fam ly Zoning District: Hand RSF Existing Land Use: Residential 2 . ~ . Staff Report Applicant: Frank Altobello Rezoning Request Petition No.: 05-003-R 6. The proposed use can be suitably buffered from surroun ing uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Landscape buffering could help alleviate some appe ranees of the Multi-Family dwellings. However, the traffic impact would be diffic lt to relieve. As such, it is difficult to guarantee that any nuisance could be reduced 0 acceptable levels. 7. The proposed use will not create a density pattern th t would overburden public facilities such as schools, streets, and utility services. Schools: The proposed 96 unit development could cau e an increase in demand to school facilities. Streets: The proposed use will cause levels of servic to decrease on the already narrow streets. Utilities: It has not been determined whether or not wat r and sewer will be available to the site, thus the impact cannot be analyzed. 8. The proposed use will not create traffic congestion, jlo ding or drainage problems, or otherwise affect public safety. The subject property will increase traffic on SW 6th S reet and SW 2nd Street as a result of the high density Multi-Family development. Th applicant would be required to submit a Site Plan demonstrating adequate drainag flow and retention prior to construction plans being approved. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. At this time, the only restrictions being placed on the operty are those included in the Comprehensive Plan and the Land Use Code. 4 . < Staff Report Applicant: Frank Altobello . Rezoning Request Petition No.: 05-003-R 10. The proposed change will not constitute a grant of speCl I privilege to an individual owner as contrasted with the public welfare. The proposed rezoning could create a special privilege to he owner that none of the abutting residents have by creating a development whose ensity will be as high as 10 dwellings per acre. Summary and Conclusions Prior to Certification The application is not consistent with the requirements f the City's Comprehensive Plan. The applicant simultaneously requested a S all Scale Land Use Map Amendment to allow a Multi-Family land use category hich was not recommended for approval. Recommendation Staff recommends denial of the request to allow rezonin from Holding (H) and Industrial (IND) to Residential Multi-Family (RMF) pe itting the applicant to develop 96 Multi-Family dwellings. Submitted by: James G. LaRue, AICP Planning Consultant March 16,2005 5