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2019-11-05 Ex 06Ordinance No. 1198 Page 1 of 2 ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE TO HEAVY COMMERCIAL ZONING DISTRICT (PETI TION NO. 19 -004-R); AMENDING THE ZONING MAP ACCO RDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Ms. Rhonda Waldron has heretofore filed Petition No. 19-004-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 0.49 acres from Residential Single Family One to Heavy Commercial; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the Applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on September 19, 2019, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such Petition No. 19-004-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revis ed Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 0.49 acres, as the subject property, located in the City of Okeechobee, to-wit: LOTS 8, 9, AND 10, OF BLOCK 4, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Residential Single Family One to Heavy Commercial. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (19 -002-SSA) is adopted and not timely Ordinance No. 1198 Page 2 of 2 challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the Slate Land Planning Agency or the Administrati on Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 15th day of October, 2019. Dowling R. W atford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of November, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney City of Okeechobee Date: Petition No. 19-00 �j_ General Services Department Fee Paid: 955 t R I Jurisdiction: 65 S.E. 3'dAvenue, Room 101-17Hearing: L_ -i 2 n�' �earinEg- o Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Notices Mailed: Fax: (863) 763-1686 �2 i'4 WN' 5 A, il' IK "IN 1 Name of property owner(s): Rhonda Waldron 2 Owner mailing address: 3533 NW 163rd. Ct. Okeechobee, FL 34972 3 Name of applicant(s) if other than owner N/A 4 Applicant mailing address: E-mail address: rhowal20l4@gmaii.com 5 Name of contact person (state relationship): Rhonda Waldron / Owner 6 Contact person daytime phone(s): 863-634-5877 Property add ress/directions to property: 1019 SW Park St., Okeechobee, FL 34974 7 From the Walgreens in Okeechobee at the main red light (100 NW Park St. Okee., FL), Go West on NW Park St. .86 miles, then left onto SW Park St. and the property is .10 miles on the right side (Corner of SW Park Street and SW 11th Ave.). Describe current use of property: Vacant 8 Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. None 9 Source of potable water: OLLA Method of sewage disposal: &_vu'e r 10 Approx. acreage: .5 Is property in a platted subdivision? Yes Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North: CHV / C East: SFRA / SF South: RSF-1 / SF West: CHV / C 14 Existing zoning: RSF-1 Future Land Use classification: Public Facilities Have there been any prior rezoning, special exception, variance, or site plan approvals on the 16 property? (_.L)No (_)Yes. If yes provide date, petition number and nature of approval. 1 16 j Request is for: () Rezone (___) Special Exception (___) Variance 1 17 1 Parcel Identification Number: 3-21-37-35-0170-00040-0080 (Rev 9/2017) Page 1 of I I Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Rhonda Waldron Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 ITS 18 Applicant's statement of interest in property: Applicant is the owner. Applicant is requesting the subject property to be rezoned for future potential development. Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 19 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 8/13/2018 Book/Page 812/41 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11 x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See 23 the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Rhonda Waldron Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 F=':• } 5' „i ,.: ""i §< 5 Y n /^ NO I NEI A Current zoning classification: RSF-1 Requested zoning classification CHV Describe the desired permitted use and intended nature of activities and development of the property? B Rezone for potential commercial development. Is a Special Exception necessary for your intended use? ( X ) No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (X) No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described F below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. No. There are multiple businesses in the same area of the subject property that are currently zoned Commercial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes for the potential type I am planning. 3. The proposed use will not have an adverse effect on the public interest. No. This property was already previously used as a public facility accommodating parking, cooking, entertainment, etc. Many of the properties in the same area are Commercial and/or Heavy Commercial. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes because it is in an area of Commercial and/or Heavy Commercial properties. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No. l will add the necessary buffers and whatever is necessary to not disrupt the residents way of life, in addition, according to my belief, property values will go up in the area. (Rev 9/2017) Page 6 of I 1 Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Yes 100% consideration will be given to the neighboring properties and all future actions that are necessary and required to be done will be taken care of, by the applicant owner, to ensure that there is not a nuisance or hazard to the neighboring properties. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services No. The subject property is in a well developed area in the city of Okeechobee. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No. Appropriate actions and steps will be taken, if necessary, in the future that will include proper drainage, careful planning of entering and exiting the property and any and all actions deemed necessary and required by local government. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 912017) Page 7 of 11 Prepared By and Return to John D. Cassels, Jr. Esq. Cassels & McCall P.Q. Box 968 Okeechobee, Florida 34973 4 1i 13 al FILE MUM 20186f6294 OR BK 812 PG 41 SHARON ROBERTSON, CLERK & COMPTROt.I.ER OKEECHOBEE COUNTYP FLORIDA RECORDED 08/13/2018 43:39:37 PM AhT $53x270.00 RECORDING FEES $18.50 DEED DOC $373.10 RECORDED BY G Meubourn QUIT CLAIM DEED THIS QUIT CLAIM DEED executed this r5 day of, 2018, by OKEECHOBEE COUNTY, a political subdivision of the State of Florida, first party, to RHONDA G. WALDRON, a married woman, whose mailing address is 3533 NW 163'd Court, Okeechobee, FL 34972, second party. (Wherever used herein, the teens "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto SUBJECT TO Section 270.2 I, Florida TO HAVE AND TO thereunto belonging or in any wise of mineral the and claim whatsoever of the said first party, and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has and year first above written. Signed, Sealed and Delivered in thrpreseace of: �J r ;w rights to the extent required by and singular the appurtenances title, interest, lien, equity the only proper use, benefit presents the day VBY: .1 TER.R . BURROUG , Chairman EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: 3-15-37-35-0010-00250-0090 LOT 10, AND THE WEST %z OF LOT 9, BLOCK 25, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 2: 1-23-36-340010-00050-0260 LOT 26, BLOCK 5, DIXIE RANCH ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 33, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 3: 1-17-37-36-OA00-00003-013B ALL OF PARCEL 13-B OF AN UNRECORDED PLAT OF FOUR SEASONS ESTATES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 4: 1-30-35-35-0030-00( LOT 25, OTTER CREEK ESTA' PUBLIC RECORDS OF OKEECI PARCEL 5: 1-15-37-35-0090-00020-0040 LOTS 4,5 & 6, BLOCK 2, FIRST ADDITIOO THEREOF AS RECORDED IN PLAT BOOK ,PAGE 1 , COUN'T'Y, FLORIDA, LESS THE EAST 25 FEET OF LOTS 41 OF LOT 6. PARCEL 6: 3-21-37-35-0170-00040-0080 LOTS 8,9 & 10, BLOCK 4, SOUTHWEST ADDITION TO 0 BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE IN PLAT BOOK 6, PAGE 29, DING TO THE PLAT i OF OKEECHOBEE THE SOUTH 5 FEET FLORIDA. Rhonda Waldron 3533 NW 163 Ct. Okeechobee, FL 34972 07-18-2019 I, Rhonda Waldron, applicant, respectfully request a rezoning from residential to Heavy Commercial (CHV) for the purpose of developing office spaces and possibly at a later date, with the City of Okeechobee's approval, I would like to consider Commercial Indoor Recreation as well. The subject property was previously owned and used by the county of Okeechobee as a Senior Citizens facility to provide senior residents of Okeechobee activities, resources and assistance that the county felt necessary at the time to promote mental and physical well-being for the elderly. At some point in time, the county of Okeechobee lost interest in the subject property and discontinued using it as a Senior Citizens Facility, then later sold the property, at which time I purchased it. Although the property is no longer being used as a Senior Citizens Facility, the location appeared to be very successful for it's use at the time. For your reference, I have included with this statement, prior images showing the property when it was in use by Okeechobee County. What I am requesting, in my opinion, has similarities to what the county previously used the property for. Although developing Office spaces is my highest desire at this time, indoor activities and resources for all ages is something I would like to consider in the future and that is another reason I am requesting Heavy Commercial zoning. I hope you will consider my request, as I believe it will be an improvement to our community with a potential for many good things to come. Sincerely, Rhonda Waldron Applicant Google, We. 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O -/ i7 m a O ti m C f oxm� c ovu~i tl1 i>ap y fD O O O 7C� ms v invpv� cl £m_ c- N to O to •PW imoo ~�gN A a] Wo t m I � � � (n nm v' I (v.J O C) ^00 p O'O Noo'Z^ oaao82 ❑ moi= n� I al D C7 p (�D -a R'z Aro$m {� mmo 11 m \ h z m J o `� < c o �9 RA"' oy10 C-) �M z o o 5<. (c: r �m y C� ash \A m?Q a Sys IAF D i y --.I O 3 CHAIN FENCE U y CO O,;,V m T- 7� !� N II a' m o o,� >� 00 02'1 2" W 1 42.53'(C) 142.5D'(P) \ ni M W VCi (gyp N S m = ac �n (0 c Ci [ .QI aG tC1 y 0 n o m = v Z n O p o i © ?t C 0 .p m off^ woo �v fnp vJ D ri < vi . Z o D C7 w d a I mo a v Q r m I Surrounding Owner Request 1°'n i 2 messages Steve <steve@globalmappinginc.com> Tue, May 14, 2019 at 10:25 AM To: rhowal20l4@gmail.com Cc: Dora Seabolt <d.seabolt@okeechobeepa.com> Hi Rhonda, Please find the attached exhibits describing properties within 100 feet and owner addresses within 300 feet of the subject property. Let us know if we may be of further assistance. Thanks, Steve Williams Phone: 479,244.5092 www.ClobalMappinglnc,co 2 attachments Surrounding Properties Within 100FT.PDF 540K Surrounding Owners Within 300FT.XLSX 20K Rhonda Waldron <rhowa12014@gmail.com> Fri, May 17, 2019 at 7:30 AM To: Steve <steve@globalmappinginc.com> Cc: Dora Seabolt <d.seabolt@okeechobeepa.com> Received, thank you Steve. [Quoted text hidden] 1009 SW PARK ST 1202 SE 8TH AVE 400 S PARROTT AVE 204 SW 11 AVENUE DE ALMAZAN MARIANA SANTIBANEZ 1005 SW 2 STREET 1735 SW 40TH DR 1104 SW 2ND ST 102 SW 11TH AVE 101 SW 11TH AVE 1010 SW 2ND ST 1008 SW 2ND ST 1006 SW 2ND ST 1202 SE 8TH AVE 100 SW 11TH AVE 2190 SE 9TH AVE P 0 BOX 130206 P 0 BOX 1259 PO BOX 3790 101 NW 11TH AVE 122 SPENCE CREEK LN 965 SE 23RD ST 2190 SE 9TH AVE OKEECHOBEE FL 34972 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349744038 OKEECHOBEE FL 34974 205 SW 11TH AVE OKEECHOBEE FL 349740000 OKEECHOBEE FL 34974 OKEECHOBEE FL 349745486 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349744038 OKEECHOBEE FL 349740000 OKEECHOBEE FL 34974 OKEECHOBEE FL 34974 OKEECHOBEE FL 349744002 OKEECHOBEE FL 349740000 OKEECHOBEE FL 349744038 OKEECHOBEE FL 349742414 DALLAS TX 753130206 LAKE WALES FL 338591259 BELLEVIEW FL 344210000 OKEECHOBEE FL 34972 MURFREESBORO TN 371285378 OKEECHOBEE FL 349745393 OKEECHOBEE FL 349742414 3-21-37-35-0170-00040-0020 PRESCOTT GLENN FRANK 3-21-37-35-0170-00040-0010 BIRDASHAW LOUISE E 3-21-37-35-0170-00030-0010 NORTON WALLACE & TAMELA SUE 3-21-37-35-0170-00060-0010 BRADLEY SHEILA & FREDERICK 3-21-37-35-0170-00050-0080 ALMAZAN MOLINA NICANDRO & 3-21-37-35-0170-00050-0060 HANCOCK TAMI COLLIER MILES 3-21-37-35-0170-00050-0040 MAY DAVID & SHAWNA 3-21-37-35-0170-00030-0190 MCGLAMORY BARBARA A & EDWARD E 3-21-37-35-0170-00030-0210 MARCOUX ROGER FREDERICK JR 3-21-37-35-0170-00040-0110 PAROW BARRY A & DENISE M 3-21-37-35-0170-00040-0150 DUFFIELD CHRISTIANA E 3-21-37-35-0170-00040-0170 HARDEN MELISSA DEE 3-21-37-35-0170-00040-0180 RUIZ SANDRA 3-21-37-35-0170-00040-0190 BIRDASHAW LOUISE E 3-21-37-35-0170-00030-0020 NORTON WALLACE W 3-21-37-35-0170-00030-0040 NORTON SHAWN W 3-21-37-35-0170-00030-0050 CITY ELECTRIC SUPPLY COMPANY 3-21-37-35-0170-00020-0010 BEATY D S REVOCABLE TRUST AGRE 3-21-37-35-0170-00010-0010 SOUTHEAST MILK INC 3-16-37-35-0160-00270-0140 BIG LAKE INVESTMENTS INC 3-16-37-35-0160-00280-0110 MCCORMICK BETTY L 3-16-37-35-0160-00280-0190 NAFAL ZABEN OMAR 3-21-37-35-0170-00030-0030 NORTON SHAWN M d lot . __ �,��=- .. _. � � -._ - _ 1 � � �; i ■ a-�m�.•.-, �,' .��� � is ?��I!'�4 Ii . F mwacoma.+� =—==sc ra, cnna:son oiuwor.si"u1F`:-I a eat co ' � g 7 r,,,y_ ` is •. V � F..` ,r„ [1°.?' ��+a. -n � Vj` •_ �. �};, pt 9 7- o, 77 SUBJECT. PROPERTY ` s.■ n[ �..r.. 1 tib._ .�. 3-2137 35=0170=00040-0080 a r+ff c'7^C x s `qV •, aT a, ('� - .•i=, `�1. a 911 w:.: - TS yG 3 y("• ssrq �-T� 0�" A. �'h � �' - � � 3sr ik'G. '�`'-'•�k*J'�i Off' �Z�' . 3-21-37-35-0170-00030-0210 '�3-21-37-35-0170-00040 ., _�; .,,r•- Lo ,100FTBUFFER ! w � aA ' '�_ c�. I T .. t•� � -r��. ..F. _. _ L�-�J,�;�����}.•..�� .: -�7_ n}Ysy�t .I Ft��� s•,_. �.�._ f`"�nv-.gr�ganr-.,+.{. -:� r��,}fib'�.5i1�M[�•r••1�='i•"Y�,�Yf ;1•- iCi�..:' .•`.. :,� !. i I }F • - f. .'�-'q OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE �( 4F Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of '�\ Ckt 0'` i i and the Assertions made to me by members of that Office that the -information reviewed constitutes the most recent C``" �M i information available to that office. I therefore attest to this v day of $� CJ Signature of Applicant Date Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this `?� day of Personally known to me 1�1- did not take an oath. Notary Public, State of Florida or produced as identification and Seal: r *v "' Notary Pubflo State of Florida Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Rhonda Waldron Address: 1019 SW Park Street Petition No.: 19-004-R Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 1 General Information Owner/Applicant Rhonda Waldron Applicant Phone Number 863.634.5877 Applicant Email Address rhowal12014@gmail.com Site Address 1019 SW Park Street Contact Person Same as Above Contact Phone Number Same as Above Contact Email Address Same as Above Legal Description of Subject Property Parcel Identification Numbers: 3-21-37-35-0170-00040-0080 Legal Description (from quit claim deed): LOTS 8, 9, & 10, BLOCK 4, SOUTHWEST ADDITION TO OKEECHOBEE AS RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request The matter before the Local Planning Agency and City Council is an application to rezone 0.488 acres bounded by SW 11th Ave on the west side, SW 2nd Street on the south side, and SW 10th Ave on the east side. The request is to rezone from Residential Single Family to Heavy Commercial. The subject property is designated Public Facilities on the Future Land Use Map The applicant is also requesting a small scale map amendment to change the land use from Public Facilities to Commercial. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and maps. Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 2 Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Category Public Facilities Commercial Zoning District Residential Single Family Heavy Commercial Use of Property Vacant (but previously used as Okeechobee Senior Citizens Facility) Office Spaces and possibly at a later date Commercial indoor recreation Acreage 0.488 0.488 Future Land Use, Zoning, and Existing Uses on Surrounding Properties North Future Land Use Map Classification Commercial Zoning District Heavy Commercial Existing Land Use Farming products and distribution East Future Land Use Map Classification Single Family Residential Zoning District Residential Single Family Existing Land Use Single family residence South Future Land Use Map Classification Single Family Residential Zoning District Residential Single Family Existing Land Use Single family residence West Future Land Use Map Classification Commercial Zoning District Heavy Commercial Existing Land Use Antique sales Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeate d below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant’s comments. Staff comments are shown in this Arial typeface. Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 3 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. “No. There are multiple businesses in the same area of the subject property that are currently zoned Commercial.” Staff Comment: This rezoning request is being made in conjunction with a small scale future land use map (FLUM) amendment request to change the FLUM designation from public facilities to commercial. If that FLUM amendment is approved, then this rezoning request will be consistent with the comprehensive plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations.” “Yes for the potential type I am planning. (Office Building)” Staff Comment: The applicant has expressed interest in developing office, retail and indoor recreation uses at this location, all of which are permitted uses in the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. “No. This property was already previously used as a public facility accommodating parking, cooking entertainment, etc. Many of the properties in the same area are Commercial and/or Heavy Commercial.” Staff Comment: Providing additional office, retail and/or indoor recreation uses at this location should make good use of this vacant property and serve as a good location for those services in the Okeechobee community. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. “Yes, because it is in an area of Commercial and/or Heavy Commercial properties.” Staff Comment: Though this property is located on the edge of a single family neighborhood, properties to the immediate north and west of the subject property are designated Commercial and are currently occupied by commercial uses. It is also only one block from State Road 70, which is a main commercial corridor, and fronts on SW Park Street, which is a roadway that contains primarily commercial uses along most of its length. Rezoning this property to a commercial district is consistent with the urbanizing character of this area. Additionally, single-family use can be compatible with commercial use depending on the potential uses allowed on the commercial property. It is important to keep in mind that, in addition to office, retail and indoor recreation, if this property is rezoned to CHV, the following uses will also be permitted without a special use exception, some of which could be considered detrimental to the adjacent single family residences: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take-out restaurant, cafe. Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 4 (4) Personal service. (5) Dry cleaner/laundry, laundromat. (6) Funeral home. (7) Hotel, motel. (8) Private club, nightclub and bar. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet grooming. (16) Convenience store. (17) Indoor auction house. (18) Medical marijuana dispensary as defined and regulated in F.S. 381.986. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. “No. I will add the necessary buffers and whatever is necessary to not disrupt the residents way of life, in addition, according to my belief, property values will go up in the area.” Staff Comment: Due to the existing presence of heavy commercial zoning and uses in the immediate proximity, this proposed rezoning should not have an adverse affect on property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. “Yes 100% consideration will be given to the neighboring properties and all future actions that are necessary and required to be done will be taken care of, by the applicant owner, to ensure that there is not a nuisance or hazard to the neighboring properties.” Staff Comment: Buffering requirements will be enforced at time of site plan review. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. “No. The subject property is in a well developed area in the city of Okeechobee.” Staff Comment: The traffic impacts associated with the development of this property will vary widely depending on the actual use that is developed. A traffic impact statement will be required at time of site plan review, which will provide the necessary information to determine whether local roadways will be overburdened. In her future land use amendment submission, the Applicant provided letters from the Okeechobee Utility Authority, the Okeechobee School District and Waste Management, all of which Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 5 indicate that services are available and adequate capacity exists to serve a commercial use at this property. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. “No. Appropriate actions and steps will be taken, if necessary, in the future that will include proper drainage, careful planning of entering and exiting the property and any and all actions deemed necessary and required by local government.” Staff Comment: The Applicant has provided in her future land use amendment submission a letter from the Florida Department of Environmental Protection indicating that the subject property has: • No wetland or aquifer recharge areas • No soils posing severe limitations to development • No unique habitat • No endangered species of wildlife and/or plants • Is not within a flood prone area 9. The proposed use has not been inordinately burdened by unnecessary restrictions. “No, the proposed use has not been inordinately burdened by unnecessary restrictions.” Staff Comment: We agree. Recommendation Based on the foregoing analysis, we find the requested rezoning to Heavy Commercial to be consistent with the City’s Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Theref ore, we recommend Approval of the Applicant’s rezoning request. Submitted by: Ben Smith, AICP Sr. Planner September 10, 2019 Planning Board Public Hearing: (tentative) September 19, 2019 City Council Public Hearings: (tentative) October 15, 2019 & November 5, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 6 FUTURE LAND USE SUBJECT SITE AND ENVIRONS Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 7 ZONING SUBJECT SITE AND ENVIRONS Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R 8 AERIAL SUBJECT SITE AND ENVIRONS IV 5.14 m4w& -jOkeech LLS 0+K1SW.-i7#i Street, Suite D �( ANDEPENDEN .1r ,-Okeechobee\Florida 34974 ` 'r�863-: 6 3134 NEWSMEDIA INC. US r s STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County Florida, that theattached copy of advertisement being a `j' Ci �� 4 �- t" 4 i t- in the matter of V�A i. c . Of I dt-w—"I tl1n i in the 19th J-Adicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that The said`Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisemt r publication in the said newspaper. Katrina Elsken Sworn to and subscribed b*re me this T,,1 day of i 1 �'i` i AD Notary Public, State of Florida at barge . 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