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2019-09-19CITY OF OKEECHOBEE SEPTEMBER 19, 2019, PLANNING BOARD/BOARD OF ADJUSTMENT MEETING CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FL 34974 SUMMARY OF BOARD ACTION PAGE 1 OF 12 i AGENDA BOARD ACTION - DISCUSSION - VOTE N CALL TO ORDER — Chairperson Regular Meeting, September 19, 2019, 6:00 P.M. II. OPENING CEREMONIES Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Felix Granados Alternate Board Member Jim Shaw Board Attorney John R. Cook City Planning Consultant Ben Smith Administrator Marcos Montes De Oca Board Secretary Patty Burnette IV. AGENDA— Chairperson A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary A. Motion to dispense with the reading and approve the Summary of Board Action for the August 15, 2019, Regular meeting. Chairperson Hoover called the September 19, 2019, regular meeting to order at 6:03 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Present Absent (with consent) Present Present Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the August 15, 2019, Regular meeting; seconded by Member McCoy. There was no discussion on this item. VOTE: HOOVER -YEA MCCOY - YEA BAUGHMAN - YEA BRASS - YEA CHARTIER - YEA JONASSAINT - YEA MCCREARY - YEA GRANADOS - NIA SHAW - ABSENT MOTION CARRIED. 225 226 SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 2 OF 12 AGENDA BOARD ACTION - DISCUSSION -VOTE VI. OPEN PUBLIC HEARING - Chairperson CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 19 -002 -SSA, from Application No. 19 -002 -SSA, from Public Facilities to Commercial, on Public Facilities to Commercial, on 0.488± acres located at 1019 Southwest Park Street, Lots 8 to 10 of Block 4, 0.488± acres located at 1019 Southwest Park Street, Lots 8 to 10 of Block SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County. 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County (Exhibit 1). 1. Review Planning Staff Report — recommending approval 2. Hear from the Property Owner or Designee Agent — Ms. Rhonda Waldron, Applicant and Property Owner. Public comments or questions from those in attendance or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Currently the property is vacant as the previous structure that was used as a Senior Services Facility owned by the County of Okeechobee, was demolished in 2017. The public facilities designation does not allow for any residential or commercial uses. The maximum intensity allowed in the Commercial Future Land Use (FLU) designation is a Floor Area Ratio (FAR) of 3.0. For this 0.488 acre parcel, a 3.0 FAR translates to 63,772 square feet. However, with the 50 percent building coverage restriction and maximum building height of 45 feet (four stories), the maximum floor area that could be achieved is 42,515 square feet. When considered that buildings over two stories are not typical for this area of Okeechobee, the practical maximum floor area likely for this parcel is a two-story structure with 50 percent coverage equating to 21,250 square feet. However, the traffic impact statement submitted by the Applicant provides traffic generation estimates based on a 31,885 square foot retail and office facility. There is a concurrent Rezoning Petition to Heavy Commercial (CHV). The Applicant has stated she intends to develop this property with office spaces or commercial indoor recreation. Ms. Rhonda Waldron was present and available for questions from the Board. Member McCreary inquired as to whether there would be traffic impacts with the proposed use. Planner Smith explained the traffic impacts of the use would be addressed at Site Plan Review. Member Brass inquired as to whether a lesser intense zoning could be proposed because of the Single -Family uses to the East. Ms. Waldron explained she is not planning on a use that would be more active than what was previously there. She is thinking of constructing a single building for two possible offices or some type of recreational use for kids to be able to come to for studying or playing games. The CHV Zoning would permit her to have the recreational use. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Application or visited the site. There were none. AGENDA VI. PUBLIC HEARING ITEM CONTINUED A. 5.a) Consider a recommendation to the City Council to approve or deny Application No. 19 -002 -SSA. SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 3 OF 12 BOARD ACTION - DISCUSSION - VOTE Planning Staffs findings are as follows: The Application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. While properties to the immediate north and west of the subject property are designated Commercial and are currently occupied by commercial uses, the properties to the south and east remain designated for single-family use on both the FLUM and the Zoning Map and are currently used for single-family residential. Though this property is located on the edge of a single family neighborhood, it is also only one block from North Park Street/State Road 70 (SR70), which is a main commercial corridor. This property is also located on Southwest Park Street, which is a roadway that contains primarily commercial uses along most of its length. Allowing this property to be designated as Commercial on the FLUM 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. Regarding adequacy of public facilities, the Applicant has received letters from the Okeechobee Utility Authority (OUA) indicating that service is available and that there is adequate excess capacity to accommodate the demand for potable water and wastewater treatment that would be associated with a proposed nonresidential use. The Applicant has stated there are no wetlands on the site, and that the site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding, The Applicant has further stated that the subject property is not within flood prone area. The Applicant has submitted a traffic impact statement that was prepared by Mackenzie Engineering & Planning, Inc., which states changing the FLU designation of this property from Public Facilities to Commercial will result in a decrease in the number of daily AM and PM peak hour vehicle trips. However, this finding is based on the assumption that the property use with the existing Public Facilities designation would be a three-story, 31,885 square foot United States post office facility. This assumption is problematic as this use is already existing less than 1.5 miles away. Also, the Institute of Traffic Engineers (ITE) estimated trip generation for a post office is one the highest of any public use listed. This unrealistic scenario provides a higher estimated trip generation potential than is likely to be generated by typical public uses that are more likely to occur at a site like this. The previously existing senior citizens facility structure was approximately 5,000 square foot. The ITE estimated trip generation for recreation community center is 22.88 per 1,000 square feet with 1.45 of those trips occurring during the PM peak hour. For a 5,000 square foot facility, this equates to approximately 114A vehicle trips per day, of which 7.25 occurred during the PM peak hour. If an expanded community center was built on this property at the 31,885 square foot size used in the Applicant's traffic impact statement, 730 daily vehicle trips would be generated, of which 46 would occur during the peak PM hour. The ITE estimates that a government office building would generate more traffic than a community center. A 31,885 square foot government office building at this site would generate 2,198 daily vehicle trips, of which 39 would occur during the PM peak hour. The traffic impact statement provides an estimated vehicle trip generation for a 31,885 square foot facility with ground floor retail and two stories of offices above. Daily vehicle trips are estimated at 1,545 with 129 of those trips occurring during the PM peak hour. 227 228 AGENDA VI. PUBLIC HEARING ITEM CONTINUED A. 5.a) Consider a recommendation to the City Council to approve or deny Application No, 19 -002 -SSA continued. b) Board discussion. c) Vote on motion. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -003 -SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street (Exhibit 2). 1. Review Planning Staff Report — recommending approval SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 4 OF 12 BOARD ACTION - DISCUSSION - VOTE While this is a reasonable use to expect if the FLU designation is changed, it discount's the Applicant's written statement that indoor recreation is another use that is being considered for this property. The ITE estimated trip generation for a health club is 90.38 daily vehicle trips per 1,000 square feet, with 5.77 of those trips occurring during the PM peak hour. A 31,885 square health club would generate 2,882 daily vehicle trips, of which 184 would occur during the PM peak hour. According to the type and intensity of uses assumed in the traffic impact statement, the Applicant estimates a net decrease of 1,769 daily vehicle trips and decrease of 228 PM peak hour vehicle trips. However, due to the wide variation in potential development under the existing public facilities designation and the wide variation in the potential development under the commercial designation, the traffic impacts are unknowable without a site plan indicating the actual size and type of development. Motion and a second offered by Members McCoy and Baughman to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -002 -SSA, from Public Facilities to Commercial, on 0.488± acres located at 1019 Southwest Park Street, Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE: HOOVER - YEA MCCOY - YEA BAUGHMAN - YEA BRASS - YEA CHARTIER - YEA JONASSAINT - YEA MCCREARY - YEA GRANADOS - NIA SHAW - ABSENT MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for October 15, 2019, 6:00 P.M. Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -003 -SSA, from Single -Family Residential (SF) to Multi -Family Residential (MF), on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings, He explained the property is currently vacant. The maximum standard density allowable in the SF FLU Category is four units per acre, five if the units qualify as affordable housing. Maximum development potential would be 45 single-family dwellings. The maximum standard density allowable in the MF FLU category is ten units per acre, 11 if the units qualify as affordable housing. fl AGENDA VI. PUBLIC HEARING ITEM CONTINUED B. 1. Review Planning Staff Report — recommending approval for Application No. 19 -003 -SSA continued. 2. Hear from the Property Owner or Designee Agent — Mr. Steven Dobbs, PE, on behalf of Mr. Reuven Rogatinsky, Applicant. 3. Public comments or questions from those in attendance or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5.a) Consider a recommendation to the City Council to approve or deny Application. SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 5 OF 12 BOARD ACTION - DISCUSSION -VOTE Should they be approved, the maximum development potential of this 9.12 acre property will be 100 multi -family dwelling units. The Applicant intends to develop this property as a residential apartment complex. A site plan has been submitted for this property in conjunction with the adjoining 9.89 acre parcel to the north. The currently proposed plan (for the entire 19.01 acres) depicts 191 apartment units, 191 storage units and a 2,500 square foot clubhouse. Mr. Steven Dobbs was present and available for questions from the Board as well as Mr. Kevin Trepanier, Engineer with MacKenzie Engineering & Planning Inc. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. William Rose Sr., 511 Southwest 10th Avenue, voiced concerns with drainage issues, traffic, and inquired as to whether this project would be for low income housing. He stated he had been a resident for 30 years at his current address and that there had always been drainage issues. With a new development being built, he was concerned that there would be an overflow of water coming from this site. Mr. Dobbs responded the property will be higher although the water discharge will be at a lower rate than currently. The Southwest corner of the parcel will remain natural as water can not be cut-off to the wetland area. Water should flow to the Southwest 7th Avenue ditch. He also stated the client is not interested in affordable housing. Mr. Terence Sheppard, 300 Southwest 9th Avenue, spoke about drainage concerns. Again, Mr. Dobbs commented the water should flow directly to the South. Mr. William Bartlett, 603 Southwest 10th Avenue, commented he also had concerns with drainage as well as the type of housing that would be built and additional traffic that would be generated as Southwest 6th Street was already a heavily traveled roadway with speeding problems. Since there are two school zones in the area, he didn't want to see the current issues increased. Planner Smith commented he is currently reviewing the submitted Site Plan and it will be heard before the Technical Review Committee (TRC). Traffic counts have already been completed for Southwest 6th Street and 7th Avenue which the TRC will review at the meeting. Mr. Trepanier commented that the current roadway system should be able to handle the traffic. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Application or visited the site. There were none. Planning Staff's findings are as follows: The Application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. There are several single-family residences adjacent to the subject property, two churches, a childcare facility and a vacant single-family property. The entirety of the north and east property lines are shared with vacant multi -family property. These surrounding uses are compatible with the proposed multi -family use. Additionally, allowing for clustered multi -family development in this area helps to further FLU Objective 12, by encouraging infill development and discouraging urban sprawl. The Applicant has submitted a traffic impact statement that was prepared by Mackenzie Engineering & Planning, Inc., which finds changing the FLU designation of this property from SF to MF is estimated to increase the potential number of daily vehicle trips by 206, the number of AM peak hour vehicle trips by 11, and PM peak hour vehicle trips by 11. Staff has reviewed this traffic impact statement and agrees with this estimate. 229 230 AGENDA VI. PUBLIC HEARING ITEM CONTINUED B. 5.a) Consider a recommendation to the City Council to approve or deny Application No. 19 -003 -SSA continued. b) Board discussion. c) Vote on motion. C. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -004 -SSA, from Commercial to Single -Family Residential, on 1.033± acres located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County (Exhibit 3). 1. Review Planning Staff Report — recommending approval SEPTEMBER 19,2019- PLANNING BOARD/BOARD OF ADJUSTMENT -PAGE 6 OF 12 BOARD ACTION - DISCUSSION -VOTE Regarding adequacy of public facilities, the applicant has received letters from the OUA indicating there is adequate excess capacity to accommodate the demand for potable water and wastewater treatment that would be associated with a proposed development. The Biologist hired by the Applicant found a small wetland in the southwest corner of the site. This area should be preserved, and a 25 -foot wetland buffer should be observed. The property is located within flood zone X, which represents minimal flood risk. The site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Motion and a second offered by Members Jonassaint and Chartier to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -003 -SSA, from SF Residential to MF Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, consistent with the urbanizing pattern of the area, and concurrency of public services is not negatively affected by this request. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE: HOOVER -YEA MCCOY - YEA BAUGHMAN - YEA BRASS - YEA CHARTIER - YEA JONASSAINT - YEA MCCREARY - YEA GRANADOS - NIA SHAW - ABSENT MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for October 15, 2019, 6:00 P.M. Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -004 -SSA, from Commercial to SF Residential, on 1.033± acres located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County. Mr, Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. He explained the property is currently vacant. The maximum standard density allowable in the SF Residential FLU Category is four units per acre (five if the units qualify as affordable housing). The maximum development potential is five single-family dwellings. The Applicant has already split the parcel into four lots, with the intention of building four single family dwellings. FJ AGENDA VI. PUBLIC HEARING ITEM CONTINUED C. 2. Hear from the Property Owner or Designee Agent — Shaun and Desiree Penrod, Property Owners for Application No, 19 -004 -SSA, 3. Public comments or questions from those in attendance or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5.a) Consider a recommendation to the City Council to approve or deny Application. '-1 SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 7 OF 12 BOARD ACTION - DISCUSSION - VOTE Shaun (Cory) and Desiree Penrod were present and available for questions from the Board. Member Baughman commented about this possibly being considered "spot zoning" because of the location being in the commercial corridor. Member Brass expressed concerns with the proposed residential homes being located in proximity to the existing commercial area. Member McCoy inquired as to whether the property to the west would be of less value should the FLUM be changed to SF. When the Penrods purchased the property, they were told by the Real Estate Agent that single family homes could be built. They also own Lots 7 through 12 of Block 121 which are located to the South of the subject property and are zoned Residential Single Family -One (RSF-1) with a FLU of Commercial. They would prefer to not get involved with commercial leasing and really wished to build homes affordable for teachers and nursing staff. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. Frank Irby, 1385 Southeast 231d Street, inquired as to how a person would know two City maps (Zoning and Future Land Use) existed and the difference between the two. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Application or visited the site. There were none. Planning Staff's findings are as follows: The Application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. While this property is surrounded by mostly commercial uses, they are not incompatible with the proposed single-family use. Infill development of this vacant parcel furthers FLU Objective 12. Additionally, approving this requested FLU amendment to SF residential will increase the consistency between the FLUM and the Zoning map, as the zoning for this property currently is SF residential. Based on the 9th Edition Trip Generation published by the ITE, a single-family home will generate 1.00 trips in the peak hour. The Applicant's proposed use of four single family dwellings at this site will generate four PM peak hour vehicle trips. This is not a significant increase and is likely less than what would be generated by commercial development at this site. Regarding adequacy of public facilities, service is available and there is adequate excess capacity to accommodate the demand for potable water and wastewater treatment that would be associated with four proposed single-family homes. The Applicant has stated there are no wetlands or unique habitat on the site. The subject property is within flood zone X, which represents minimal flood risk. Therefore, we agree that the site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding, Motion was offered by Member Jonassaint to recommend approval to the City Council for Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -004 -SSA, from Commercial to Single -Family Residential, on 1.033± acres located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County, but died for a lack of a second. 231 232 SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 8 OF 12 AGENDA I BOARD ACTION - DISCUSSION - VOTE p VI. PUBLIC HEARING ITEM CONTINUED C. 5.a) Consider a recommendation to the City Council to approve or deny Application No. 19 -004 -SSA continued. b) Board discussion. c) Vote on motion. QUASI-JUDICIAL ITEM: D. Rezoning Petition No. 19-004-R, from RSF-1 to CHV for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a commercial office space (Exhibit 4). Administer of Oath (anyone intending to offer testimony on Petition No. 19-004-R will be required to take an oath, respond, and give your full name and address) — Board Secretary. Review Planning Staff Report — recommending approval Motion and a second offered by Members Baughman and Brass to recommend denial to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -004 -SSA, from Commercial to Single -Family Residential, on 1.033± acres located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE: HOOVER - NAY MCCOY - YEA BAUGHMAN - YEA BRASS - YEA CHARTIER - YEA JONASSAINT - YEA MCCREARY - NAY GRANADOS - NIA SHAW - ABSENT MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for October 15, 2019, 6:00 P.M. CHAIRPERSON HOOVER RECESSED THE REGULAR MEETING FOR A BRIEF TOUR FOR GIRL SCOUT TROOP NO. 60938 AT 6:55 PM AND RECONVENED THE REGULAR MEETING AT 6:57 PM. Rezoning Petition No. 19-004-R is being requested by the Applicant, Ms. Rhonda Waldron to rezone from RSF-1 to CHV for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a commercial office space. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record; Ben Smith, Planning Consultant, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Steve Dobbs, PE, 1062 Jakes Way, Okeechobee, Florida, and Ms. Rhonda Waldron, Okeechobee, Florida. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. He reviewed the Planning Staff Report stating he finds the Petition to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. He is recommending approval to change the zoning from RSF-1 to CHV for the 0.488 acre piece of property. 1 AGENDA VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED D. 3. Hear from the Property Owner or Designee Agent — Ms. Rhonda Waldron, Applicant and Property Owner for Petition No. 19-004-R, 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board for Petition No 19-004-R. 6.a) Consider a recommendation to the City Council to approve or deny Petition. SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 9 OF 12 233 BOARD ACTION - DISCUSSION -VOTE Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Ms. Rhonda Waldron, Applicant and Property Owner, had departed following the action on her Comprehensive Plan Small Scale FLUM Amendment Application submittal. The Board agreed to have the Planner present the next item on the Agenda to allow time for Ms. Waldron to return in order to answer questions. She returned to the Council Chambers at 7:13 PM and Secretary Burnette administered the oath to her for her testimony. Member Baughman inquired as to why she was requesting the CHV zoning district. She responded, more uses are permitted and the surrounding area is CHV. Member Brass voiced concerns with the buffering of the residential uses to the east of the subject parcel. Previously, there were two structures on the parcel and the one structure was used as storage so it acted like a buffer. Ms. Waldron commented she was either considering office use or maybe a commercial indoor recreation use that would not be more intense than the prior use that existed. She further commented she respects the single family uses to the East and understands the concern with more intense commercial uses, but CHV Zoning exists all around the area. Member Brass further commented that parking was previously an issue. Mr. Smith commented parking would be addressed at Site Plan Review. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to twenty three surrounding property owners. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mr. Dobbs commented surrounding property owners were notified and no one attended the meeting to comment or voice their concerns with a rezoning to CHV. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Application or visited the site. There were none. Planning Staff's findings are as follows: This rezoning request is being made in conjunction with a FLUM Amendment to change the designation from Public Facilities to Commercial. Should the FLUM Amendment be approved, then this rezoning request will be consistent with the Comprehensive Plan. 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. The proposed use will not have an adverse effect on the public interest. Providing additional office, retail and/or indoor recreation uses at this site should serve as a good location for those services in the Okeechobee community. Though this property is located on the edge of a single-family neighborhood, properties to the immediate north and west are designated Commercial and are currently occupied by commercial uses. It is also located one block from North Park Street/SR 70, which is a main commercial corridor, and fronts on Southwest 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, in addition to office, retail and indoor recreation, should this property be rezoned to CHV, there are permitted uses allowed without a special exception use approval, some of which could be considered detrimental to the adjacent single-family residences. 234 SEPTEMBER 19, 2019 - PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 10 OF 12 AGENDA 11 BOARD ACTION - DISCUSSION - VOTE II VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED D. 6.a) Consider a recommendation to the City Council to approve or deny Petition No. 19-004-R continued. b) Board discussion. c) Vote on motion. E. Rezoning Petition No. 19-005-R, from Holding to Residential Multiple Family, for 19.01± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex (Exhibit 5). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 19-005-R will be required to take an oath, respond, and give your full name and address) — Board Secretary, The property to the immediate north of the subject property is designated Commercial on the FLUM and zoned CHV with the use being that of Southeast Milk, which provides dairy products. The property to the east is designated SF on the FLUM and zoned RSF1 with the use being that of a single-family residence. The property to the south is designated SF on the FLUM and zoned RSF-1 with the use being that of a single-family residence. The property to the west is designated Commercial on the FLUM and zoned CHV with the use being that of retail and a residence. Since there is the existing presence of CHV zoning and uses in the immediate proximity, the proposed use should not have an adverse effect on property values or living conditions or be a deterrent to the improvement or development of adjacent property. Buffering requirements will be enforced at the time of Site Plan Review. 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 the Applicant's FLUM submission, she provided letters from the Okeechobee Utility Authority, the Okeechobee School District and Waste Management, all of which indicate that services are available and adequate capacity exists to serve a commercial use at this property. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use has not been inordinately burdened by any unnecessary restrictions. Motion and a second offered by Members Baughman and McCoy to recommend approval to the City Council for Rezoning Petition No. 19-004-R to rezone from RSF1 to CHV for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a commercial office space. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE: HOOVER -YEA MCCOY - YEA BAUGHMAN - YEA BRASS - NAY CHARTIER - YEA JONASSAINT - YEA MCCREARY - YEA GRANADOS - N/A SHAW - ABSENT MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for November 5, 2019, 6:00 P.M. Rezoning Petition No. 19-005-R is being requested by the Applicant, Mr. Reuven Rogatinsky, to rezone from Holding to Residential Multiple Family (RMF), for 19.01± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Ben Smith, Planning Consultant, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Steve Dobbs, PE, 1062 Jakes Way, Okeechobee, Florida, and Mr. Kevin Trepanier with Mackenzie Engineering & Planning, Inc. SEPTEMBER 19, 2019 - PLANNING BOARDIBOARD OF ADJUSTMENT - PAGE 11 OF 12 N AGENDA BOARD ACTION - DISCUSSION - VOTE II VI. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED E. 2. Review Planning Staff Report — recommending approval Hear from the Property Owner or Designee Agent — Mr. Steven Dobbs, PE, on behalf of Mr. Reuven Rogatinsky. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board for Petition No 19-005-R. 6.a) Consider a recommendation to the City Council to approve or deny Petition. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. He reviewed the Planning Staff Report stating he finds the Petition to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. He is recommending approval to change the zoning to RMF for the 19.01 acres. Chairperson Hoover asked whether the property owner or designee/agent wished to speak. Mr. Steven Dobbs was present and available for questions. There were none. The Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to forty five surrounding property owners. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Application or visited the site. There were none. Planning Staff's findings are as follows: The northern half of this property is designated MF residential on the FLUM. The southern half is currently designated SF residential on the FLUM, though the Applicant has submitted a concurrent request for a FLUM amendment to designate that property MF residential as well. Should that FLUM amendment be approved, then this rezoning request will be consistent with the Comprehensive Plan. The Applicant has expressed interest in developing an apartment complex at this location, which is a permitted use in the RMF zoning district and will provide housing for the Okeechobee community. An increase in housing is often associated with an increased support for the commercial sectors of the local economy. Additionally, a project of this size will significantly add to the City's tax base, providing the City with increased revenue to fund city initiatives. This site is an ideal location for infill development, surrounded by uses such as churches, childcare facilities and single family residential development. With appropriate buffering of the adjacent uses, this proposed use should not adversely affect the property values, living conditions, or be a deterrent to the improvement or development of adjacent property. The property to the immediate north of the subject property is designated SF on the FLUM and zoned RSF-1 with the use being that of a single family residence. The property to the east is designated MF on the FLUM and zoned RMF with the use being vacant. The property to the south is designated SF on the FLUM and zoned RSF-1 and Holding with the uses being that of a single family residence, a church and vacant property. The property to the west is designated SF on the FLUM and zoned RSF-1 with the use being that of a single family residence and a church. Buffering should be provided and this should reduce any impacts to the surrounding neighborhood. The Applicant has submitted a site plan application for the proposed development of this property which shows an estimated 1,456 daily vehicle trips are expected to be generated by the proposed multi -family development, with 98 of those trips occurring during the AM peak hour and 108 of those trips occurring during the PM peak hour. These trips should be split up between the proposed north and south ingress/egress points on Southwest 2nd Street and 6th Street. Initial statements from the Applicant's traffic engineer state that both roadways are projected to operate acceptably, though further analysis will be required during site plan review to examine the impacts of these additional vehicle trips. 235 233 AGENDA VI. PUBLIC HEARING -QUASI-JUDICIAL ITEM CONTINUED E. 6.a) Consider a recommendation to the City Council to approve or deny Petition No. 19-005-R continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson VII. ADJOURNMENT — Chairperson Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. ATTEST: Patty M. Burnette, Secretary Dawn T. Hoover, Chairperson SEPTEMBER 19, 2019 — PLANNING BOARD/BOARD OF ADJUSTMENT - PAGE 12 OF 12 BOARD ACTION - DISCUSSION - VOTE The Applicant has demonstrated that the proposed use should not create traffic congestion, flooding or drainage problems. The proposed use has not been inordinately burdened by unnecessary restrictions. Motion and a second offered by Members Baughman and McCoy to recommend approval to the City Council for Rezoning Petition No. 19-005-R to rezone from Holding to RMF, for 19.01± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE: HOOVER - YEA MCCOY — YEA BAUGHMAN - YEA BRASS - YEA CHARTIER - YEA JONASSAINT - YEA MCCREARY - YEA GRANADOS — NIA SHAW - ABSENT MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for November 5, 2019, 6;00 P.M. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 7:31 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7;31 p.m. 1 _-r Page 1 of City of Okeechobee Planning Board Meeting City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes September 19, 2019 I. Call To Order - Chairperson: Chair Hoover called the September 19, 2019, Regular Meeting to order at p.m. II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson. Board Member Staff Attendance - Secretary j e -P7: IDp� IV. Agenda - Chairperson. �- e� l' A. Chair Noae r asked whether there were any requests for the addition, deferral or withdrawal of items on today's OWC agenda. IV,v � V. Minutes -Secretary. A. Board Member ?aa,cnhr moved to dispense with the reading and approve the Summary of Board Action for the August 15, 2019, regular meeting and workshop; seconded by Board Member iY1c Ca,; Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover Vice Chairperson McCoy ✓ Board Member Baughman Board Member Brass ✓ Board Member Chartier Board Member Jonassaint ✓ Board Member McCreary ✓ Alternate Board Member Granados Alternate Board Member Shaw Planning Consultant Smith ✓ Board Attorney Cook Board Secretary Burnette j e -P7: IDp� IV. Agenda - Chairperson. �- e� l' A. Chair Noae r asked whether there were any requests for the addition, deferral or withdrawal of items on today's OWC agenda. IV,v � V. Minutes -Secretary. A. Board Member ?aa,cnhr moved to dispense with the reading and approve the Summary of Board Action for the August 15, 2019, regular meeting and workshop; seconded by Board Member iY1c Ca,; Discussion: Page 2 of t VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY ✓ BAUGHMAN ✓ BRASS ✓ CHARTIER JONASSAINT McCREARY GRANADOS SHAW'S V r VI. CHAIR OPENED THE PUBLIC HEARING AT .05 P.M. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -002 -SSA, from Public Facilities to Commercial, on 0.488± acres located at 1019 Southwest Park Street, Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County (Exhibit 1). 1 . Review Planning Staff Report - recommending approval. Mr.3,0Nh -- l0-�u,e �IiOnl'9 Ittb►Icac�I�hQs >�f�avc�l°dmr►�eial pcOvn,,,�.�c� Y1 ublle 1ac� I � e� QVac la�le� j1 v�2oi7 vaco-A + 1�riva It ©u�rle r5h � � novo a �drr o>�.r vf'rn l 1 t 1C� nr2P i o✓raQcl 1x� wy- counh( ✓o o� d ��-p � Les — p P Posse bLc ( -e c �1 Q l CcciC� —es; VAS e i' C —1 RC Q n cf rPs� o F lol c)cK -8 0 �® fv CVV of Cot -,ick Kb does e-�- ne�� q. leSS I nkr�Se Zon � J n Page 3 of VI. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee/agent - Ms. Rhonda Waldron, Applicant and Property Owner. �a�` loe a w I'll ac-hvcfr v'e) 1`Jc� P la n n ir1 at� a &kSt n ha �� re Pre vt s p Q s5 r ble U-41 0s or Sonne 4/P 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. Page 4 of VI. PUBLIC HEARING ITEM CONTINUED. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a recommendation to the City Council toapprov or deny application with/without special conditions Motion and a second offered by and to recommen pproval/denial to the City Council for Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -002 -SSA, from Public Facilities to Commercial, on 0.488± acres located at 1019 Southwest Park Street, Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area with/without the following special conditions: b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BAUGHMAN V1 - BRASS CHARTIER JONASSAINT McCREARY GRANADOS SHAW Page 5 of 1 VI. PUBLIC HEARING ITEM CONTINUED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 15, 2019, 6 pm. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -003 -SSA, from Single - Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6`h Street (Exhibit 2). 1 . Review Planning Staff Report - recommending approval. q.� a acre Pell we �S�u-W3ern hale sir fi�e� -�=C) f acUquoJe Sub ✓n I �e a (f yrs -rl6w Pao c'c 'a �I c s Idea( Si t Page 6 of VI. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee/agent - Mr. Steven Dobbs, PE, on behalf of Mr. Reuven Rogatinsky, Applicant. Sftvb h1ges a®q p6aid3� VI. PUBLIC HEARING ITEM CONTINUED. 3. Public comments or questions from those in M(. W, I (' a rn f- ose fir• Std (D y` Page 7 of I ( attendance, or submitted to the Board Secretary., q-1'twioi",1veru.ce. 'w tctenr- P0r 3Uyrs Lq 4 vv ile. CO✓t (°eem S ('014 k � h@ UsIt,, C,()n0e o ed a i 14L av x 44-V '�s his 160 i roc orne_ J Q P Pne hengi vt 0 -boo 4 he LJ1 L ( 4 I'tal h a v2. an DVQ ✓-Vivi 0l4& e VV ' not Plao Go — rlo+ infctes,kk (Ounr -tghe CCrc. 19acreS- I Rl u' s address uas�OYU lowe r �e >ra v{ �(S C r cG ry �q Qo G7r I,Jhaf i f E S f1o� St.� (' o r— v>> r l rern►� nal"YQl Loak' s� iess �-ha 4Z�SW7 +� r��na1��- Pei (ands C -cT f spews n �lcc -r Y � c� v a.� n �fie- - e� �_ �Q YO ,e WW 14,h .6 S �oCo , t�Q-fare �{-{oor3)'/z � rvu�tn ad )-gtf2 4. Disclosure of Ex -Parte Communications by the Board. I�lcCv��- Prt�cpqLa Can Ivor �+ a Vin e� Tre�'1tP� Tfa4iG En9�Mae(Certlt' PaAmST no 4:iC�CarrPr1� -h)�,, ie. thIC' 5. a) Consider a recommendation to the City Council to approve or deny application with/without special conditions. Motion and a second offered bye ono_SSO.4 and r`I"^"Ju ''' ` to recommend�ap�proval/denial to the City Council for Comprehensive Plan Small Scale Future Land Use Map Amendment Application No 1�9-003-SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6'h Street and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area with/without the following special conditions: on batt S�c�k' OIJ fiS fi ago �w.03 Ilvpu )A 04' 2 S) t � �l SAI 'q+Ls�v no aJ bi lcn21/t�v�sAn j-° �2 ► n d � 5 -)LP), 11111 a s e . f�(JA -�- h.}0 n � �'X)J — f, (L�- C'�9 �-� � �, � �J 1 � � j �ZCJ �� S' J 3�P (�i 4 S (�tl � C� j � �I � ,► LIP 9 Aq� )7ru-,mv w} b cls ooh -� p �AaJa� pJrodlc�s �'a� �W Page 8 of VI. PUBLIC HEARING ITEM CONTINUED. b) Board discussion. K,0 tt' c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER %/ McCOY ✓ BAUGHMAN BRASS CHARTIER ✓ JONASSAINT 1% McCREARY GRANADOS SHAW The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 15, 2019, 6 pm. C. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -004 -SSA, from Commercial to Single -Family Residential, on 1.033± acres located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County (Exhibit 3). 1 . Review Planning Staff Report - recommending approval. (u(. &m4- -fimyy) c fl) S 1f 6 Coyi(e l W14 I��nSf o I,tSt� omctnn fvv/ co(mspa+tb►tt 5� Se) Cowl Pah � W I Cone rC�� PA'S 10 Page of 1 VI. PUBLIC HEARING ITEM CONTINUED. J t) iIQ S SQ L -P - QCt �r lt� n J 6o"-' pnS I a� �CtC�? h.Ov - LOA �1e Coy( — de9Yac��ne� PrZ>P f t g h t ne 40 Corn vr,P ic'c a i u ✓Pn �S I�racS - r?e ;dei a n ! Nov not auk we 5f04 Z rlI/11 N q+al ore i((' bvv, w� e c c� i (c r �-� dove J 2. Hear from the Property Owner or designee/agent - Shaun and Desiree Penrod, Property Owners. 1�ec�ta-fir � (loo)l 1G,oc1 wilt, 149P n? b 1Ll k S a ✓r.Q an , ,� cj- f4&vd a 6 L.e ' 4z 6t/ Co1V $1 VQ �kSS (D �. pM 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. � 00100- lC ��o�� (S ��l.Q,rP Cc. (�Jo� f o �Iob VAa-f� Page 140f VI. PUBLIC HEARING ITEM CONTINUED. 4. Disclosure of Ex -Parte Communications by the Board. 0oy-.) 5. [a) Consider a recommendation to the City Council to approve or deny application with/without special conditions. Motion and a second offered byJono-01n` and to recommend approval/denial to the City Council for Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -004 -SSA, from Commercial to Single -Family Residential, on 1.033± acres located in the 200 Block of Northeast 4'h Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area with/without the following special conditions: TVnk"� Mobil : 1�a u. a tn" +n rlen IQ I ISS &was� vie r b) Board discussion. I Page_J f of 1 VI. PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BAUGHMAN BRASS CHARTIER JONASSAINT McCREARY GRANADOS SHAW The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentative) October 15, 2019, 6 pm. U� 5 t SLE` io C�a rri seo# �4- QUASI-JUDICIAL ITEM r7 M-ec)'i'q D. Rezoning Petition No. 19-004-R, from Residential Single Family -One to Heavy Commercial for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a commercial office space (Exhibit 4) 1. Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. ,U� `1 (QL)f even( 2. Review Planning Staff Report - recommending approval. N[v - SIggt 1-1 f[f) Page,n of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. r0.�S : ha w+ I c�SQ Cad used ix ire ¢c l �D a f 40y, 5 op axe pro_ lI(Iq �°J'� �nflccnq ��, R pr'v�� e Iess )��s�✓� 4�a� ctnci � A ncln r J W i I� cb m "0 (Gu 1 �e yect nye 1101 ()Of Wz u be c can �G-r�C�nc� Q ft�S•�� - �� 'lC�f 3. Hear from the Property Owner or designee/agent - Ms. Rhonda Waldron, Applicant and Property Owner. C ,� ., i 3 Call - bSWtc -7'.0 7 , te- l�y�prr u ao •1. (jGLC iC sly �2��vrud rem 'sIC'CL V`- V because Move cases ('pirn,W 10'_4 IV du"'1 fecreatjG-�tal U3x 1. _oc qui(c �e�e �� Sk0n(vrs +7)CCS `i is t Y) 'I-'('' c. �c;C'. U c CEPCi! t " 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. too l ►1C°SQ W��l � � `. • J l �} corn vne n� e.d �haJ bwa i3 we' -e (l0 onc_ ca_r,?( Of by COrvl rrt2� ter C. Te((4 W uk(dror. re s -pe ri S Oy-, (:f H,, -10 Cris 00 a rj; r'r4ap''' �n�� ('1' / ± s a 11 a C ft v lae c� rz Kr1�. I e �1 Page -1-3 of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications by the Board. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Motion and a second offered by and Mc("'to recommend approval/denial to the City Council for Rezoning Petition No. 19-004-R, from Residential Single Family -One to Heavy Comm_ercial.for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a commercial office space. b) Board discussion. LID ne, c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER - McCOY BAUGHMAN BRASS CHARTIER ✓ JONASSAINT McCREARY ✓ GRANADOS SHAW The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively November 5, 2019, 6 pm. Page_1'4'of VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. E. Rezoning Petition No. 19-005-R, from Holding to Residential Multiple Family for 19.01± unplatted acres, located in the 800 to 900 blocks of Southwest 6 1 Street, for the proposed use of an apartment complex (ExhibitA) Administer of Oath- Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. I (r Page,13 of. 1-7 VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. 3. Hear from the Property Owner or designee/agent - Mr. Steven Dobbs, PE, on behalf of Mr. Reuven Rogatinsky, Applicant.. Xi( • Iblobs 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. Kim, 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Nn^ ^ ' Motion and a second offered by -, and to recommend approval/denial to the City Council for Rezoning Petition No. 19-005-R, from Holding to Residential Multiple Family for 19.01± unplatted acres, located in the 800 to 900 blocks of Southwest 6`h Street, for the proposed use of an apartment complex. 11 Page �Oof 17 VI. PUBLIC HEARING QUASI-JUDICIAL ITEM CONTINUED. b) Board discussion. o oyt c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY BAUGHMAN BRASS ✓ CHARTIER JONASSAINT McCREARY GRANADOS SHAW V The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively November 5, 2019, 6 pm. _�:�y of �u0✓rUP�}QLi (`►(:L'�6}�4. CHAIR RbWeA CLOSED THE PUBLIC HEARING AT P.M. VII. ADJOURN - Chairperson. CHAIR ('ADJOURNED THE REGULAR MEETING AT P.M. Patty Burnette From: Shaun G. MacKenzie, P.E. <Shaun@ mackenzieengineeringinc.com> Sent: Friday, September 20, 2019 8:42 AM To: Steven L. Dobbs, P. E. Cc: Patty Burnette Subject: RE: Meeting last night Kevin Trepanier, E.I. From: Steven L. Dobbs, P. E.[mailto:sdobbs@stevedobbsengineering com] Sent: Friday, September 20, 2019 8:40 AM To: Shaun G. MacKenzie, P.E. <Shaun@mackenzieengineeringinc.com> Cc: 'Patty Burnette' <pburnette cityofokeechobee.com> Subject: FW: Meeting last night did not catch the guy's name you sent last night and the City is requesting it for the record. Steve Z, Dam, P, 5, Steven L. Dobbs Engineering, LLC OFFICE: 209 NE 2"d Street Okeechobee, FL 34972 MAILING: 1062 Jakes Way Okeechobee, FL 34974 Phone: 863-824-7644 Cell: 863-634-0194 sdobbs@stevedobbsengineering.com This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. 1 From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Friday, September 20, 2019 8:37 AM To: Steven L. Dobbs<sdobbs@stevedobbseneineering.com> Subject: RE: Meeting last night Could I get his name? Pa,-fg M. 6v-rv% v ge'neraCServices Coordinator City of Okeechobee 55 Sour(east 3rd Avenue Okeechobee, T1 34974 Ifd 863-763-3372 Direct: 8(53-763-9820 Tax: 863-763-1686 e-maiC- j2burnette@citilofokeecbiobee.com website: www.coofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Steven L. Dobbs fmaiIto: sdobbsO)stevedobbsengineering.com] Sent: Friday, September 20, 2019 8:34 AM To: Patty Burnette Subject: Re: Meeting last night He is with Shaun, but that was not Shaun. Steven L. Dobbs, P. E. 863-634-0194 Sent from my iPhone On Sep 20, 2019, at 8:33 AM, Patty Burnette <pburnette@citvofokeechobee.com> wrote: 2 Steve I forgot to ask in the previous email the Traffic Engineer that was with you last night, was that Shaun MacKenzie? I could not here him when he said who he was. Thank you <image003.png> Pa4fy M. 6"o_e M GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, El 34974 `-ef 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail: pburnette@ciLyofo(eechobee.com website: www.citvofoecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Planning Board Meeting September 19, 2019 Name Address aNDEPENDENT NEWSMEDIA INC. USA 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 the attached copy of advertisement being a in the matter of ,Ir( ��{'� J in the 19th Judicial 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 advertisement for publication in the said newspaper. ,000"41�� Katrina Elsken Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large P ANGIE BRIDGES MY COMMISSION # FF 976149 q Pa, EXPIRES: April 20,202D g� �q,• Bonded Thru Notary Public Underwilers Lake Okeechobee.News- -•-.� 107 SW 17th Streef, =Suite D •3y�`�, Okeechobee; Florida: -I 04 ., `<,-`\N 863-763-3134 J Qn0F0KEBC WBEE Cana m asawm�MWW N 7=15 F=Y GIVEN that the ay orOt®dnbee Planig Goad � =a=!,7at 7lrrd9, 20]9 6 Ph4, a as soon tha55�l�rdA�e PonZ(la,bl®dobee Fi As IhetaoetPkn"Agae Board n►ryo>tsk,aaAaiganemm Req-bcsubn�lurWay9ABoardMr � arnerdnerts; b) as,or�am�s t ,M p e``�aona bay° a' Ba��ad �z ANYPERSONOBM= Gl0APPEALaygrnnadab/tl!ePEyBOA wlhtetoarynelbao>t�daedattlismeelYgvr�needber�suW balmreoadoftheP •BknadaandtheremrdNddsthe—. and eNdaae upon tM4h thApjte wt be broad N�a®rdar P xMr the aortal fhe (}t1*A0to red errata= = Oft no lata Vw bw bt6iteh C pbr fir BEADV3511D sfiaidYouY�idEestgwan✓doamat Mden omens t. the PEyBQ4 h suppataoppostbn m ary tan an agrda, a S�mela�YforlheQS records. � a tern ma[ be paw ded to the Board BE AMMED TMT ONE OR MORE CrFY OF ONEEGMEE CDUN- IIAC3L MEMBERS MAY BE 0' I 20=61 W9 HWVW Lake Okeechobee News 107 SW 17th Street, Suite D N D P rOkeechobee, Florida 34974 i ENDENT 863-763-3134 NEWSMEDIA INC. USA 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 Coun�y, Florida, that the attached copy of advertisement being a.1'0'. in the matter of ! t�-O-17 in the 19th Judicial Dtistrict 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 advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this 9 ! . day of :1 ala ;:.,: ��c%l' :�;t. )' i AD Notary Public, jState of Florida at Large Pv"•., ANGIE BRIDGES o;� ...4� MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 '.,e°K ftoP Bonded Thru Notary Public Underwriters CLTYOFOKEECHOBEE PUBM NOTICE CONSIDERATION OFA PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GWEN that a PUBLIC HEARENG w9 be held be- lb,T UY of OkEediobee Ptamig Board, as the toot Plarmig Agrstt.Y, on Thur„ Sep. 79, 2019, 6 PM, a as soon tttera as pos9bh, at QY Hat, 55 SE 3rd Ae, RM 200, Oleshobee, F, to mreder and rema on �rp�d Pfan5ma15oleFuhnelandtke Nrer�rrpnt ration No. i40D2SSq, suFmUed brNk Wiank Walton (propatyax�er). ap� pTi�ai i d h Wn 101 durig tegulardNnes; homs, MarFii, 6 Appfi Tran wb c (�` m d�q a,e Furu.e tan, t dass�- lo�+tn Conrrf(Cjano.99+�-aoesb�dar 10195ocdwRpl Park Street ADDTIION TO OKEEQiOBEF. AOOORDING�'T'O THE PLl1 E- OF RC-0ORDED III PLAT BOOfC 2. PAfa1= 7 PUBLIC REODRDS OF OKMU40BM COUNTY, FLORIDA. A remnwrerdatiar In appn'i+e a deny A,,=No. 19-002-$ 4 vl be forwarded m t)>e Oty Camel fur mrdderahon m adopt at a FM PPdkHearig TENTATNH.Ysd� for6 PM, OdAw 1! , 2019. ANY PERSON DEMINGTO APPFAIary dedIon rade by thk Board wAh martymathrwncdemdatthtsn>eetigwinezdiomsreBX batim n3mrd dOre pn»erhg k made and the record trddesd effitkrary andeAJrrne whirl the wibebased.Audoreomkxfiaeforfhe soleprepr�cfYado,rpfurdfirelr�orrkoftheBoard Se�aN Inaoaxdar� wth the'M9- rls,M DWAlies Ad (ALTA), aN w�h a d®d7ty as defined by the ADA, D at needs spedal . to parkote In Oils prop B6 Ofceno�dwbuobstr�days BE ADVISED that shorbd you hlerA W dwraW doamen5 pidTm, video orlow tothe 11am6g Board in supportoroppasNon toary horn ontheaac,77eerr amaopp,y cfthe pxirae video ordernmabe providedroH�ieBcurdSea�ryfixthe records. Br SON 9/111/2OI9 Marcos NlartesDeOm, No.19-002-S3A Lake Okeechobee News 107 SW 17th Street, Suite D filiDEPENDENT Okeechobee, Florida 34974 863-763-3134 NLVSMEDIA INC. USA 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 .the attached copy of advertisement being a ) 9 in the matter of illj in the 19th Judicial 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 advertisement forpublicationin the said newspaper. Katrina Elsken Sworn to and subscribed before me this 11-14" day of ` � :.r : � ��,�.� : _,lt:� r:,,� J r" 1� AD Notary Public, StatT of Florida attLarge Y P;,I ' ANGIE BRIDGES MY CGMMISSION # FF 976149 EXPIRES: April 20,2020 Banded TAN Notary Public UndOMTHM CITY OFOKEECHOBEE PUBLIC MMICE Z ffDERATIOMOFAPaoPO.SED FUTURE LAND USE MAP AMENDMENT NOTICE LS HERESY QVEN that a PUBLIC HEARING vA be held be - tae the aY d Oknedubee Harntx] Board, as the Ind PLxhnFg Arcy, on Thur Sep. 19, 2019, 6 PM, a as soon theme L as poss7ble, atrly Hal, 55 S'�3td AvG Rm 200, OReedhobee, H, to (raids and rexNe on 55 3rd ePlanSaulSoleFiAuelandumMapAmendment No.19dM-Sbe, s rJ by Mc Shawl vod, S�. y°�"+ng aP' p&atbrh nuybe t�ecb�i In hm 101 dah9 ieguhrb��hous, MarFri, 8 hAbys jhpNo.19�00+SSA re4reZ to doW- theF,hre land Us? dassff- [p-edaI( to Son* Rascl. �(SOanL033+/-aces bAW In the 200block dNa0uast4th Rreet IITATHOBEE ADHP1L—A1 BOO PAGE 5, PUBLIC REODRDS OF OKMO40BEE ODIMIY, FLORIDA. A re(mrerhdetbrh h,:ra a delry A No. 19UO+SSA wM be %1,Y1heCl1 �forVa= �ad9ptataRhjRt3'eHeadn9 ANY PERSON DECIDING TO APPEAL arty demon made W this Board vvdhrepedtoartymatter(sifeedattistnctlahgw8rheeduoer Boarr- batm rewrd otthe promedrg k made and the remrd Cdr d,,the te;itrnahy and e�'kk710e uponK77khtheaDP�"h1wA tE b352d. Al7$Seq IBOordif135dIEl°rtle soh pwpos>?ofl><xiai iPfordt'hgad�lrmrdsoftlheBoani vMh wdth, the Mia1Mrhs w&h DjsaWbesPd (AAA)adobiRYas , art,' Meed by the ADneeds Wedrd br t A, tut o MWPate In th's 1pioo rfuhg,9�Si-� 5ervto,c(fionobterdanModdnessdais 2. BE ADVISED lint §vAj you hrgd to Mm am/ doamient pi±m vkh° or Lernsto9-ePlarudrcJBoardthsuppotorop toanyLemontheagmda, a i(npp�y & do°a»erht, pi� ne. °, or brn must be praMed to the Board Secretary for the UyS temrdS. 3589640N %1110 4 Marms Math sD , No. D-O(WSS4 Lake Okeechobee News 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 863-763-3134 MEWSMEDIA INC. USA 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 the attached copy of advertisement being a— .9 in the matter of (�t (.. I; ` _ d. 5 � in the 19th Judicial 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 advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this t day of :'r , _i�.`;, /. ;' AD Notary Public,. State of Florida at Large orwv?ynrc • ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 '.F iiF FCac' Bonded Thru Notary Public Underwdters CITYOFOKEECHOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZtONIW RFC ASSIFI A 71ON NOTICE IS HEREBY Gn" tat a QUASI-JUDICIAL PUBLIC HEAR- the cf>d»Phnn'rgBcadonThur.,Sep. 19,2019,6PM, or as�mn0ere'At[raspasble, atCltY Ha,(' SS SE3id AVE, c9,nor aarnb�s tit n zoo, Ckaednbee, H ro mmnre'dderi and n� Input ==Isen roma. ai a�� o net r� Rranda Rebban No. 19004etRnequs to nBaor120.49-t-/'acres located at 1019 sotO ,,,t Park ftm Redqe-itial merdal (C -n The proposed �� (pace to Hes'1' Cnm- use 15 Oflxe SparE. legal:LOI56,9,AND10,OFBL 4,SDUTHyYESTADDIfION TO OKEECHOBEE, ACOORDINGTOTHE PIATTHEREDF RECORDED IN PLAT BOOr 2, PAGE 7, OF THE PUBLIC RECORDS OF MEEC"OBEE CDUNTY FLORIDA The Petition may be Vispected at the address above during regular lause,es hilum, Monfil, B AM -4:30 PM, eiceptfbrhDkbYs. A Public Haarng for aRezonhg Petition Is handed as a "QasFJudkiaT Pro- . eeedin meaning a nan»� smhr to a court testutrorry and Sues duty of the Board ro at me wtxd d �trec rm demon m axdt,la the R IL on tv� be fo wa ded b the CAVd, � " sdpx �Hearing on No—lber 5, 2019 (Final Adoption). ANY pERSDN DECIDINGTOAPPFIU. any decision made tr//the Phnrug Board wltt resiled to maaer mrodered at this meetlrg w& need to en- sure a== mord of the poc»1mg is made and the record YxWes the te5lnxxry and evideno? wNdt the appeal wait be dam. N acoxdance wTh the Amercam with Pct (AAA), ary perms wah a d�b�i ty as derxred by the ADA, that n ends spe®I acmmrxxgtion m wddpare In m6 p �- ne Drr�nefate<h,�,�t�ne�da,� 72 BEAtivr3EDthatslo,ldyouhta,dms,owaryd0offne„t,Pidmre,,idwOr oto the Piami g Word in supportorop� �rt� � p a mil, � t>z doarnent; ad„re. video, or 5�yfortheQy`stemrtla . 3%=9/111(1019uviJad to the Boad rte, Na 19M4 -R Lake Okeechobee News Ism 107 SW 17th Street, Suite D &NDEPENDENT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 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 Count , Florida, that the attached copy of advertisement being a (-�-�-- in the matter of I` in the 19th Judicial 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 advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before 4mel this day of r ' f. rr ;.� 4 A;_ 1.►.� i i AD Notary Public, State of,Florida at Large C TYOFOKEECHOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBYGIVEN W a QUASI-3UDXCIAL PUBLIC HFAR- INGWObeheldterorethe aFM�xxdbbee Plan Sward on Thur.,Sep. 19, 2019, 6 PM, oras soon thaeatfgas moble, atUy' HaE, 555E 3rd AVE, Cm'd Q�ariil>ers, Rm 20Q (T obee, FL, to oxmder and recnirye krputon Reaxrkrg Petban Na 19-OOSHR,s>mnNted by Nk Rermen Roger' Fon beha'f 011ie arrter,RankALobdbOlaritaMeRemahxkrTmd ThepuMc Is to fiend. Fetdpn I� i9-pOS{t recpe°is fo MMW 19.01+/- unplatled acres located h the 800 Dest 6th 5 from HoUng (1-9 b) �' proposedrae5anaparhnentcompm denr}.I Legal: TWO UNPLATXID PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING Wrn-uN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUB- LIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSW 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNT FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: OOMMENCE AT THE SOUTHWEST CORNER OF THAT PAR- CEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHTOFWAY LINE OF SW 6TH STREET, A DISTANCE OF 2B532 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OMMME EE, A DISTANCE OF TLS• 50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DIS- TANCE OF 547A4 TEED THENCE BEAR NORTH 89°5358" FAST A DISTANCE OF 72533 FEET, THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.2B FEET TOTHE POINT OF BEGINNING ODN- TAMING E INNING.ODN- TAMING 9.12 ACRES, MORE OR LESS; WgieUrer With COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 454 PAGE 1436, PUBLIC RE- CORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH BT_-zr13" WEST ALONG THE NORTH RIGHT-OfWAY LINE OF SW 6TH SIREL-T TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00'04'58" WEST, ALONG THE EAST LINE OF BLOCK 202,A DISTANCE OF 547,44 FE—ErTOTHE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547A4 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOC7C 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 69°54'S0"EAST,TOTHE SOUTHEASTCORNEROFTHAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLICRECORDS OF WGECHOBEECDUNTY, FLORIDA A DISTANCEOF 70488 FEET; THENCE BEAR NORTH 00004'58" WEST, A DISTANCE OF 398.67 FEETTO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTRNFST 2ND STREET; SAID CURVE CONCAVM TO THE NORTHWEST HAVING A RADIUS OF 402.71 FEET, A DELTA ANGIE OF 11°li'SY' AND A LONG CHORD BEAR- ING NORTH 62°5333"TJLST, A DISTANCE OF 78.56 FTfT; THETTCI: ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST A DISTANCE OF 534.67 FLET; THENCE BEAR SDUIH 89°54'50 WEST, A DISTANCE OF 49.69 FEEI;THENCE BEARSOUIH 00106'0rEASTADIS7ANCEOF 44725 OF72533Fi; THENCEEBEARpOOdTOFHBCUIIJNING.00NiAAII�IIPRG990 ACRES, MORE OR LESS. nmgjlarblR- ese Matfi�i 6 for da�� A Rbk Heardrg far a Rem ing PRbbon is handled as a "Quasi --X& oar prooeeoM, meaning amarrer irr,lar>namuth® ng y ard gresfialrg proms v&o provide s�stantial and Oxrpelent ev- ..60Mltsthedt tyon aoftt�heePemrudw��rgryyBoardtoamrveatsoundded4ors.A CILY G. thtentah ety _ fix 6 ffe�rM beOdnher�2019, (Fist Re3i�g) and Prf>� f ear on November 5, 2019 (Fral Adoption). ANY PERSON DECIDING TO APPEAL ary ded9ar made b/ Me L g Board Wih �t to any matter Oals&red at ft rneelim d tD ensrea vabafin record ofthe procee*9Is made and the brides the r�orry and clndence Lyon wlkh the appeal w+7d. In a to E Wihthe Amaiorrs w th Di abr Act (ASA), n with a diabity as defined bl the AGA, that needs special SwAceso r) hbrf�'up t72.VISM#IatstrouidyoUiielydmshowarydoamer* temr Reinst oa dmieppPyylarnig Board iH wpportor opposbmto aryrein tDtheBmrder s gnenthe prdrrevfreaor�deo,orterrrrnrrsEbe POAW A,br* i,balnr Marcs Mmtes�ca, No. 19 005-8 2 9/1,11/L019 ANGIE BRIDGES W COMMISSION # FF 976149 EXPIRES:ApdI20,2020 Bonded Thru Notary Public Underiydlers C TYOFOKEECHOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBYGIVEN W a QUASI-3UDXCIAL PUBLIC HFAR- INGWObeheldterorethe aFM�xxdbbee Plan Sward on Thur.,Sep. 19, 2019, 6 PM, oras soon thaeatfgas moble, atUy' HaE, 555E 3rd AVE, Cm'd Q�ariil>ers, Rm 20Q (T obee, FL, to oxmder and recnirye krputon Reaxrkrg Petban Na 19-OOSHR,s>mnNted by Nk Rermen Roger' Fon beha'f 011ie arrter,RankALobdbOlaritaMeRemahxkrTmd ThepuMc Is to fiend. Fetdpn I� i9-pOS{t recpe°is fo MMW 19.01+/- unplatled acres located h the 800 Dest 6th 5 from HoUng (1-9 b) �' proposedrae5anaparhnentcompm denr}.I Legal: TWO UNPLATXID PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING Wrn-uN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUB- LIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSW 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNT FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: OOMMENCE AT THE SOUTHWEST CORNER OF THAT PAR- CEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHTOFWAY LINE OF SW 6TH STREET, A DISTANCE OF 2B532 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OMMME EE, A DISTANCE OF TLS• 50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DIS- TANCE OF 547A4 TEED THENCE BEAR NORTH 89°5358" FAST A DISTANCE OF 72533 FEET, THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.2B FEET TOTHE POINT OF BEGINNING ODN- TAMING E INNING.ODN- TAMING 9.12 ACRES, MORE OR LESS; WgieUrer With COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 454 PAGE 1436, PUBLIC RE- CORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH BT_-zr13" WEST ALONG THE NORTH RIGHT-OfWAY LINE OF SW 6TH SIREL-T TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00'04'58" WEST, ALONG THE EAST LINE OF BLOCK 202,A DISTANCE OF 547,44 FE—ErTOTHE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547A4 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOC7C 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 69°54'S0"EAST,TOTHE SOUTHEASTCORNEROFTHAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLICRECORDS OF WGECHOBEECDUNTY, FLORIDA A DISTANCEOF 70488 FEET; THENCE BEAR NORTH 00004'58" WEST, A DISTANCE OF 398.67 FEETTO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTRNFST 2ND STREET; SAID CURVE CONCAVM TO THE NORTHWEST HAVING A RADIUS OF 402.71 FEET, A DELTA ANGIE OF 11°li'SY' AND A LONG CHORD BEAR- ING NORTH 62°5333"TJLST, A DISTANCE OF 78.56 FTfT; THETTCI: ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST A DISTANCE OF 534.67 FLET; THENCE BEAR SDUIH 89°54'50 WEST, A DISTANCE OF 49.69 FEEI;THENCE BEARSOUIH 00106'0rEASTADIS7ANCEOF 44725 OF72533Fi; THENCEEBEARpOOdTOFHBCUIIJNING.00NiAAII�IIPRG990 ACRES, MORE OR LESS. nmgjlarblR- ese Matfi�i 6 for da�� A Rbk Heardrg far a Rem ing PRbbon is handled as a "Quasi --X& oar prooeeoM, meaning amarrer irr,lar>namuth® ng y ard gresfialrg proms v&o provide s�stantial and Oxrpelent ev- ..60Mltsthedt tyon aoftt�heePemrudw��rgryyBoardtoamrveatsoundded4ors.A CILY G. thtentah ety _ fix 6 ffe�rM beOdnher�2019, (Fist Re3i�g) and Prf>� f ear on November 5, 2019 (Fral Adoption). ANY PERSON DECIDING TO APPEAL ary ded9ar made b/ Me L g Board Wih �t to any matter Oals&red at ft rneelim d tD ensrea vabafin record ofthe procee*9Is made and the brides the r�orry and clndence Lyon wlkh the appeal w+7d. In a to E Wihthe Amaiorrs w th Di abr Act (ASA), n with a diabity as defined bl the AGA, that needs special SwAceso r) hbrf�'up t72.VISM#IatstrouidyoUiielydmshowarydoamer* temr Reinst oa dmieppPyylarnig Board iH wpportor opposbmto aryrein tDtheBmrder s gnenthe prdrrevfreaor�deo,orterrrrnrrsEbe POAW A,br* i,balnr Marcs Mmtes�ca, No. 19 005-8 2 9/1,11/L019 Lake Okeechobee News 107 SW 17th Street, Suite D 1111DEPENDENT Okeechobee, Florida 34974 863-763-3134 NEWSMEDIA INC. USA 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 Coupty, Florida, tha the attached copy of advertisement being a �. Ll_ s.ti . 1`'� i in the matter of r ::y'C+ s';.1 T-- ~Lt4i •: (_i:1;7 ct (C ; in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -At 14i 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 advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of '-r` >�a�.n_ >_� ° 7'e- � i` d AD Notary Public, State of Florida at Large ANCIE BRIGCES *. *_ h1Y COMMISSION # FF 976149 :•,�;EXPIRES: Apol4.2020 'E pp F�oa Bonded Tru Notwy Public Undemliters CRYOFOKEECIOBEE PUBLIC NOTICE ODNSIDERATION OFA PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE 15 HEREBY GIVEN that a PUBLIC HEARING wd be held be- lore�eardOkeednbee Board,asthe�i'NrxrtgAr3axY,m Thur,seP 19 2019,cPM,«assamttawfiaasposatle atQyata>, 55 SE 3rd Ave, Rm T Oh�3gbee. H. to mrCldOrGo� Plan SnW Scab RtLffe Land Use and rerPNe h m Na 1 -IlrVU � I�inerr RaatY�lC�v, m behalf thed poperty 101 dux rogdar �TWjrslr� Ftt8M4 Rhi Na isva3-ssa T,a� m d"ge me fthn Land t� dassfF sxxale a3my Redde xhl ( ro (MFS m 9.12+/- repLYted aces b�tad h the 6f10 b'i 900 bbd¢ d Sadrvest fth S» TW SOUTHWEST Ateoomrtaxbtiontc)apprt eorderrIAppkathnNo.19�-0D3-SSAwA be bvmWRbicFlaarirg�TBIT Ysdradiedfor�6Pt OOdobere i5ataRM ANY PERSON DECIDING TO APPEAL arty dean made by th's =L1aard ,reseed: to arty meraideredattlrisrr wineed to a verbati record dthe promadrg is ma a and record in- dudesthetatirroryandeviierw m irhthewpedvAbebased. Atrdo areforthes Iepuposeofbada,for WdArecordscf ti,e Board Semon in aoirdarke vrah the Amffkzm wth DsabFbes Act (ADA), arty pawn w1ha dsaWas defined b/ theADA, tivat nems ��a�gdatimh,partropalenthsprooas6rg � savers orfioe no � n,arr two braes days pr�ortr procoxd'xtg, 863 -763 -3377 - BE ADVISED 63-763-3377-BEADVISFD that90 kl you rtard to show arydmmierl, pichre video ortens trrthe Pbnnrg Board it 4 pPortoropposibm bary Ran ontheaaggaer amc�p�roftlre pdue video cr?annxdbe proridedtntl1ieBoardSeaetarykxihe reoorrls g� Z.rxrg Actrdrich tar Marms Mont, No. 19 403 -SSA 358961 ON 971 MM19 CITY OF OKEECHOBEE PLANNING BOARD SEPTEMBER 19, 2019, OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER— Chairperson: September 19, 2019, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Alternate Board Member Felix Granados Vice -Chairperson Doug McCoy Alternate Board Member Jim Shaw Board Member Phil Baughman Administrator Marcos Montes De Oca Board Member Karyne Brass Board Attorney John R. Cook Board Member Rick Chartier City Planning Consultant Ben Smith Board Member Mac Jonassaint Board Secretary Patty Burnette Board Member Les McCreary IV. AGENDA—Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the August 15, 2019, regular meeting and workshop. VI. OPEN PUBLIC HEARING — Chairperson. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -002 -SSA, from Public Facilities to Commercial, on 0.488± acres located at 1019 Southwest Park Street, Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County (Exhibit 1). 1. Review Planning Staff Report — recommending approval. 2. Hear from the Property Owner or Designee/Agent — Ms, Rhonda Waldron, Applicant and Property Owner. 3. Public comment or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5.a) Consider a recommendation to the City Council to approve or deny Application. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 15, 2019, 6 pm. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -003 -SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street (Exhibit 2). 1. Review Planning Staff Report — recommending approval. 2. Hear from the Property Owner or Designee/Agent — Mr. Steven Dobbs, PE, on behalf of Mr. Reuven Rogatinsky, Applicant. 3. Public comment or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5.a) Consider a recommendation to the City Council to approve or deny Application. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 15, 2019, 6 pm. C. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -004 -SSA, from Commercial to Single -Family Residential, on 1.033± acres located in the 200 Block of Northeast 4th Street, Lots 1 to 6 of Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County (Exhibit 3). 1. Review Planning Staff Report — recommending approval. 2. Hear from the Property Owner or Designee/Agent — Shaun and Desiree Penrod, Property Owners. 3. Public comment or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5.a) Consider a recommendation to the City Council to approve or deny Application. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 15, 2019, 6 pm. D. Rezoning Petition No. 19-004-R, from Residential Single Family -One to Heavy Commercial for Lots 8 to 10 of Block 4, SOUTHWEST ADDITION, Plat Book 2, Page 7, Public Records, Okeechobee County, 0.488± acres, located at 1019 Southwest Park Street, for the proposed use of a commercial office space (Exhibit 4). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or Designee/Agent — Ms. Rhonda Waldron, Applicant and Property Owner. 4. Public comment or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6.a) Consideration of a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively November 5, 2019, 6 pm. September 19, 2019 - PB Agenda • Page 2 of 3 ICIAL ITEM September 19, 2019 — PB Agenda - Page 3 of 3 Rezoning Petition No. 19-005-R, from Holding to Residential Multiple Family for 19.01± unplatted acres, located in the 800 to 900 blocks of Southwest 6th Street, QUASI-JUDICIAL ITEM for the proposed use of an apartment complex (Exhibit 5). 1. Administer of Oath - Board Secretary. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from the Property Owner or Designee/Agent — Mr. Steven Dobbs, PE, on behalf of Mr. Reuven Rogatinsky, Applicant, 4. Public comment or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6.a) Consideration of a recommendation to the City Council to approve or deny Petition. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively November 5, 2019, 6 pm. CLOSE PUBLIC HEARING — Chairperson. VII. ADJOURN REGULAR MEETING — Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. Exhibit 1 9/19/19 City of Okeechobee General Services Department 55 S.E. 3°d Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: 863 763-1686 Date: 7-18-0 Petition No. ►q -tea- sr Fee Paid: 0.00 w 1 CD I Jurisdiction:'Pb q (% e- V Hearin : -I q-1 q 2" Hearing: 10-15 -1 q Publication Dates: Notices Mailed: t0i TO BE COMPLETED BY CITY STAFF: Verified FLUM Verified Zoning Designation:R 5 F— Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment ❑X Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: I - Submit I (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over l 1 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. --�hon6a Q)0A8(-0(U Date *Attach Notarized Letter of Owner's Authorization Signature of Owner or Authorized Representative* For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) APPLICANT/AGENT/OWNER INFORMATION Rhonda Waldron Applicant 3533 N.W. 163 Ct. Address Okeechobee, Florida 34972 City State Zip Telephone Number Fax Number E -Mail Agent* Address City State Zip Telephone Number Fax Number Rhonda Waldron E -Mail Owner(s) of Record 3533 N.W. 163 Ct. Address Okeechobee, Florida 34972 City State 863-634-5877 Zip rhowal2014@gmail.com Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. 1. MacKenzie Engineering & Planning, Inc., Shaun G. MacKenzie P.E. Number 61751, 772-286-8030 2. Florida Dept. of Environmental Protection, Greg Kennedy - Environmental Administrator, 561.681.6607 3. Okeechobee County School Board, Ken Kenworthy - Superintendent, (863) 462-5000 4. Waste Management, Jeff Sabin - Government Affairs Director, 772-545-1327 5. Okeechobee Utility Authority -Mr. Hayford, 863-763-9460 *This will be the person contacted for all business relative to the application. Rhonda Waldron - Applicant and owner of property. 863-634-5877 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) A. TYPE: (Check appropriate type) ❑ Text Amendment ❑X Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Small -Scale Amendment to the Future Land Use Map to Commercial for lots 8,9 & 10, Block 4, City of Okeechobee. A. PROPERTY LOCATION: 1. Site Address: 1019 S.W. Park St., Okeechobee, FL 34974 2. Property ID #(s): 3-21-37-35-0170-00040-0080 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: .5 Acre (21257.3 Sq. Ft.) 2. Total Area included in Request: .5 Acre (21257.3 Sq. Ft.) a. In each Future Land Use (FLU) Category: (1) Public Facility -.5 Acre (21257.3 Sq. Ft. (2) (3 ) (4) b. Total Uplands: .5 Acre (21257.3 Sq. Ft.) C. Total Wetlands: 0 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plait Amendment (&09) 3. Current Zoning: RSF-1 4. Current FLU Category. PF 5. Existing Land Use: Vacant 6. Requested FLU Category etfv-i Comn1e re is I D. MAXIMUM DEVELOPMENT PCYfEN'nAl_ OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre.) Number of Units Commercial (sq. ft.) ,Industrial (sq. ft.) PUBLIC FACILITY 2I257.3 21257.3 IV. AMENDMENT SUPPORT DoCUMENTATION At a minimum, the application shall include the follm,.ring support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORM ATION AND DAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the ,applicant may be required to provide 8.5" x IV maps for Inclusion in public hearing packets. ✓1. Wording of any proposed text. changes. N/A No text changes are proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use desisnations of surrounndinv, properties. Map A-1 Future Land Use Designations is attached. ✓ 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Map A-2 Existing Land Use (Actual) is attached. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. The subject property is in a well developed area of the City of Okeechobee with many neighboring Commercial properties. ✓ 5. Map showing existing zoning of the subject property and surrounding properties. Map A-3 Existing Zoning Designations map is attached. ✓6 Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. A certified boundary survey of the lots subject to this application is attached. Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) '-/7. A copy of the deed(s) for the property subject to the requested change. * A copy of the deed is being submitted with this application. V 8. An aerial map showing the subject property and surrounding properties. * Aerial Map A-4 is being submitted with this application. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. * Applicant is the owner B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. * Estimated Traffic Volumes (Exhibit 1) (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses * See Attached (Exhibit 2) b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: ✓a. Solid Waste; See Attached (Exhibit 3) b. Water and Sewer; See Attached (Exhibit 2) V C. Schools. See Attached (Exhibit 4) In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. v1C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: I . Wetlands and aquifer recharge areas. There are no Wetlands or Aquifer recharge areas. See Attached (Exhibit 5) 2. Soils posing severe limitations to development. There are no Soils posing severe limitations to development. See Attached (Exhibit 5) 3. Unique habitat. This is no Unique habitat. See Attached (Exhibit 5) 4. Endangered species of wildlife and plants. There is no endangered species of wildlife and plants. See Attached (Exhibit 5) 5. Floodprone areas. The property is not within a flood prone area. See Attached (Exhibit 5) D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1 Discuss how the proposal affects established City of Okeechobee population projections. The proposed SSA is to make the FLU designation of the subject property consistent with the many neighboring commercial properties. Therefore no population increase is anticipated. The proposed amendment is expected to have no effect on the City's established population projections. 2. List a]I goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. The analysis should include an evaluation of all relevant policies under each goal and objective. No increase in development potential is anticipated so no Goals or Objectives are expected to be affected. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. The subject property is within a developed area in the City of Okeechobee limits. It is not expected to have any impact on adjacent unincorporated areas. The County's comprehensive plan will not be impacted. 4• List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. No increase in development potential is anticipated, so State or Regional Policy Plan goals are expected to be affected. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) 1 $850.00 plus $30.00 per acre Text Amendment Flat Fee 1 $2,000.00 each AFFIDAV IT I, 1'P�or\CAC.t CAAdj, certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. t0d(6� IGl�i �-\ !�- I. Signature of Owner or Authorized Agent Date Rhonda Waldron Typed or Printed Name STATE OF 1 (I COUNTY OF L(L- ��The foregoin instrumee was certified and s b cribed,before me this.' day of , 20 , by /Ji �Lc, t �� , who is ,personally known to me or wh as produced as identification. Notary ii Public � Printed Name of Notary Public li Commission Expires on: / =Expire vti�vi� "State o1 Floridaewey+�c n OG 007171�orn2020 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 7 of 7 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, ____R handa l�oJcU.,� Rhonda Waldron Applicant 10193WFWIkSt Okeechobee, Flolft GOO ok 1w swat vkw ious Use of Pro U1250 miii i • -ALA- 1Z 1 1 1 MAD A-1 CITY OF OKEECHOBEE FUTURE LAND USE y 1 a° �; N�� ! I'i 3 s is 26 ' t 132 133 N.W. 200 a Z 62 17'16 'Z - I 17 1 •' ! • 3 i !� /1 A • 6 6 1 1 t - it I r-7--- t _ p N +e s,s i� �~ +� Ir • }tt its n p » +w ss ss sr so r 'A '- uS S.W. 2 N S `Subject Property LAND USE CLASSIFICATIONS + "+ A I ' + » . ,. I, , • s . • r - SIIIGLE FA'AILYRFSk)F4%%t. ,D�N;s?iu wa+s ,. +. s M sow ss�s• wa• s h1►:{FG USF ZFSIf:F'JTI,�L $w. 300 Iff MULT FA.IvILYPESIDEIVTIAL ! CCIAVIRCIAL INDUSTRIAL PULL; FAC L'TILS EASE'AENT • -• RAILROAD CENTERLINE _.._ Fi PKIN.`_ 1ALA.LDLR LNE UN WORKRATLO MAP A-2 MAP A-2 EXISTING LAND USE (Actual) SINGLE - FAMILY •; •. COMMERCIAL ,= ' :fit -TO REPAIR SHOP COMMERCIAL PARKING V VACANT MC'.OMMERCIAL STORE .C'O\IMERCIAL ' OFFICE BUILDING F C OMMERCIAL ' LAUNDRY \LST COMMERCIAL C'ONV STORE .C'OMMERCIAL PROFESS SV (Chiropractor) \IXD RES'OF (Church) COMMERCIAL REPAIR SER ITCO\I\IERCIAL STORE (Produce Stand) C'O\I\IERC'IAL At -TO SALES COMMERCIAL NOT CURRENTLY IN USE 1 COMMERCIAL.SUPPLY STORE .RETENTION POND A, COMMERCIAL :SUCTION HOUSE 17'\I -XD RES/OF (Store) C MULTI -FAMILY I] CHURCH SINGLE - FAMILY TWO �l IMP PASTUR Map A-2 N Vv Existing Land Use (Actual) 23==A = N.W bow - 25 27F d TH ST 24 S RD ST 25 2 N D S STATE ROAD 70 'k St. s s a s 1 131 130 132 • N.W. Park St• .20 Iv _ V t -A` ,1✓may✓ .,l� Sub ect Pro e rtV. MAY A-3 MAP A-3 EXISTING ZONING DESIGNATIONS 26�� ZONING -_—� awrwa+fe csffau,r� •�+v+ aor+r�cN► ♦.a:oarfr. s.rw w.�.oMs N.W_ 3 RD ST N.W. 2 N D T 2 8 .� +1 '2 13 1♦ is 16 IF t8 to " 132 133 163 �-Ak162 14 16 16 11 to 19 " 21 22 23 24 M A 8 90 11 12 SITATE ROAD 70 N �.T / O 12 13 1• ts�s Cl 1s 19 w9Z 11 !O 9 V s ♦ W PARK ST Q f t 1 200 ��..��u;-201 i_ i iS.W. 2 NO ST - 1iis�11 #0 to 20 -_-- S.W. 3 RD ST BOUNDARY SURVEY PREPARED FOR RHONDA WALDRON DESCRIP TION - LOTS 8, 9 & 10, BLOCK 4, SOUTHWEST ADD177ON TO OKEECHOBEE, FLORIDA, ACCORD/NG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES 1) UNLESS SHOWN 07HERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) S/7F ADDRESS.- 1019 SW PARK STREET. 3) PARCEL ID: 3-21-37-35-0170-00040-0080. 4) F.I.R.M. ZONE. X" MAP NO. 12093C0480C, DATED 07/16/15. 5) THIS SURVEY IS NOT IN7FN9ED TO DEPICT IURISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) SURVEYOR WAS NOT PROVIDED WITH ANY 7771E INFORMA77ON FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE MAY BE OTHER EASEMENT' OR RES 7R1C77ONS THA T EFFECT THIS PARCEL. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER 7HAN 7HE SIGNING PARTY OR PAR77ES IS PROHIBITED WITHOUT WRITTEN CONSENT OF 77 -IE SIGNING PARTY OR PARTIES. 8) DATE OF LAST FIELD SUR VEY.• 11/14/18. OAS UNE POST-� PEDESTAL SET_'KA MAC NAIL 'DISK ,71115 CORNER , •KAB PSM 1820 SET 5/8'IRON ROD d. a. SW PARK STREET — mcgUTTM I FENCE CORNER Fax: (663) 763-4342 W EDGE OF ASPHALT ASPHALTDRIWE 7 � SHFiL _ Z DRIVE — CULVERT — 1P I C L_ = ' - S B9 55'00" E 1 50.00' .- N Flz (BEARING BASE) I..11 ENO O.5' O FEN ce E. SET 5/8' IRON ROD & SCALE IN FEET I a MAP SCALE 1 INCH - 30 FEET (1) CAP "KAB PSM 4820' INSIDE WATER METER INTENDED DISPLAY SCALE I LOT B SET_'KA MAC NAIL 'DISK ,71115 CORNER , •KAB PSM 1820 SET 5/8'IRON ROD d. a. SW PARK STREET CAP 'KAD PSM 4820' V. — — — (ASPHALT ROAD) 70' R/W FENCE CORNER Fax: (663) 763-4342 1.1' N. 0.3' E. EDGE OF ASPHALT ASPHALTDRIWE WITNESS CORNER � SHFiL _ (ABANDONED) DRIVE — CULVERT — o I C L_ CONCRETE SIDEWALK ' - S B9 55'00" E 1 50.00' .- N (BEARING BASE) ENO O.5' O FEN ce E. SET 5/8' IRON ROD & SET 5/8• IRON ROD k CAP 'KAB P5M 4820' CAP "KAB PSM 4820' INSIDE WATER METER LOT 1 0 SET_'KA MAC NAIL 'DISK ,71115 CORNER , •KAB PSM 1820 SET 5/8'IRON ROD d. a. SERVICES, LLC. CAP 'KAD PSM 4820' V. 5.00' OFFSET NORTH FENCE CORNER Fax: (663) 763-4342 1.1' N. 0.3' E. N 89°54' 1 6" W ISO. 00 unuir POLE WITNESS CORNER UTILITY POLE ASPHALT SET 5/8' IRON ROD & CAP 'KAB PSM 4820' (ABANDONED) I� 1 5.00' OFFSET WEST TELEPHONE PEDESTAL o In .- N d U I N LOT 1 0 LOT 9 LOT B LOT 7 BLOCK 4 BLOCK 4 BLOCK 4 N BLOCK 4 N � � N LL o o i 3 ❑ PARCEL CONTAINS - O ±0,49 ACRES d N Z (VACANT) I N SET_'KA MAC NAIL 'DISK ,71115 CORNER , •KAB PSM 1820 SET 5/8'IRON ROD d. a. SERVICES, LLC. CAP 'KAD PSM 4820' V. 5.00' OFFSET NORTH FENCE CORNER Fax: (663) 763-4342 1.1' N. 0.3' E. N 89°54' 1 6" W ISO. 00 unuir POLE WITNESS CORNER UTILITY POLE ASPHALT SET 5/8' IRON ROD & CAP 'KAB PSM 4820' (ABANDONED) I� 1 5.00' OFFSET WEST TELEPHONE PEDESTAL I' LOT 11 LOT 12 LOT 13 LOT 14 `o I U I BLOCK 4 BLOCK 4 BLOCK a BLOCK 4 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responslbllity or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was mode to locate underground Improvements and/or encroachments (if any) as part of this survey. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61017-6, F.A.C.) ursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE I BY CK RHONDA WALDRON BOUNDARY SURVEY 11/30/18 1 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE I FB/PG: 345/46 SCALE: 1" = 30' BEARING REFERENCE: THE S. R/W OF SW PARK ST. IS TAKEN_ TO BEAR S 89.55'00" E I FILE: 32449 JOB NO: _32449 TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763-2887 Fax: (663) 763-4342 Email: kab.twps®yahoo.com r✓vl �ilr%'''4 r / Kenneth A. Breaux, Jr. (PSM 4820) LB NO. 8097 'LEGEND a -Set Iron Rod and Cap "KAB LS 4820" ■-Found CM 0 -Found Iron Rod (and Cap) O -Found Pipe (and Cap) ABBREVIATIONS Q -Baseline; BM—Benchmark; rL=Centerline; C -Calculated; CATV=Cable TV; CM— Concrele Monument; CONC—Concrete; D=Deed; &-Delta or Central Angle; E=Eosl; E'LY-Easterly. E/P=Edge of Pavement; ESMT—Easement; r.I.R.M-Fload Insurance j Rote Map; FND=Found; IP -Iron Pipe; IR&(C)-Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH -Manhole; N—Narth; WILY—Northerly.-National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead W7ras; ft—Properly Lina; P=Plot; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB -Paint of Beginning; POC -Point of Commencement; PRC=Point of Reverse Curvature; PRM -Permanent Reference Monument; PT=Point ofTangencr. PU&D—Public Utilitly and Drainage; R=Radius; R/W—Right—of—Way. S= South; 5LY=Southerly. T=Tongent; TEL -Telephone Splice or Switch Bo:; W=West; WILY=Westerly UT11_=U1ility(ies); >0—Spot Elevation based on indicated Data . Prepared By and Return to c I ill III ME111111111111111111111111111111 John D. Cassels, Jr. Esq. Cassels & McCall FILE HUM 2018010294 OR BFC 812 PG 41 P.O. Box 968 SHARON ROBERTSON, CLERK 6 COMPTR01 i.ER Okeechobee, Florida 34973 OKEECHOBEE COUNTY, FLORIDA RECORDED 08/13/2038 03:39:37 Ph AMT $53,270.00 RECORDING FEES $18.50 DEED DOC $373.10 RECORDED BY G Mewbourn QUIT CLAIM DEED THIS QUIT CLAIM DEED executed this ti day of , 2018, by OKEECHOBEE COUNTY, a political subdivision of the State of Florida, first party, to RHONDA G. WALDRON, a married woman, whose trailing address is 3533 NW 163' Court, Okeechobee, FL 34972, second party. (wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, whereverthe 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 quitclaim unto the said second party?.ridato title, interest, claim and demand which the said first party has in and to the followind lot, pr r parcel of land, situate, lying and being in the County of Ta Okeechobee, State wit: In LYING IN OKEECHOBEE COUNTY, LE_ PARTICULARLY DESCRIBED IN Section 270.11, Florida Statute TO HAVE AND TO EMM the s thereunto belonging or in any wise and claim whatsoever of the said first party, and behalf of the said second party forever.1 IN WITNESS WHEREOF the said and year first above written. Signed, Sealed and Delivered in thG pr tsence of: rights to the extent required by and singular the appurtenances ,Ight, title, interest, lien, equity the only proper use, benefit presents the day EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: 3-15-37-35-0010-00250-0090 LOT 10, AND THE WEST!/. 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: 1-23-36-34-0010-00050-0260 LOT 26, BLOCK 5, DDOE 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: COMMENCE AT THE NOP 36 EASTAND PROCEE DISTANCE OF 2627. EAST, A DISTANC 18 DISTANCE OF 16 FI DISTANCE OF 100 TT EAST, A DISTANCE 100 FEET TO A POINT; A POINT; THENCE PROC AS PARCEL 13-B OF AN U 17, TOWNSHIP 37 SOUTH, PARCEL 4: 1-30-35-35 LOT 25, OTTER CREE PUBLIC RECORDS OF CORNER OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE G THE WESTERN BOUNDARY OF SAID SECTION 17, A SECTION LINE; THENCE PROCEED SOUTH 89°46'30" POINT; THENCE PROCEED NORTH 0°04'22" EAST A THENCE PROCEED NORTH 89°46'30" WEST A Wr OF BEGINNING; THENCE PROCEED NORTH 004'22" E CE PROCEED NORTH 8946'30" WEST, A DISTANCE OF WIMMIMLO-04-22- WEST A DISTANCE OF 100 FEET TO 1-w-EP'TTCOMPOINT OF BEGINNING, ALSO DESCRIBED D PLAT OFMORTION OF THE NORTH V. OF SECTION PARCEL 5: 1-15-37-35-0090-00020-0040 LOTS 4,5 & 6, BLOCK 2, FIRST ADDMON%W0UiM THEREOF AS RECORDED IN PLAT BOOK T, PAGE III COUNTY, FLORIDA, LESS THE EAST 25 FEET OF LOTS OF LOT 6. PARCEL 6: 3-21-37-35-0170-00040-0080 LOTS 8,9 & 10, BLOCK 4, SOUTHWEST ADDITION TO O BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE BOOK 6, PAGE 29, DING TO THE PLAT i OF OKEECHOBEE THE SOUTH 5 FEET ED IN PLAT MAP A-4 Aerial 1 of 2 s do��. Ir tM1 l v;� r 6 Y w ' IL i i �� i � R'�r' � � r • -+.r �.�'.lL, . Jr� ^Tf.l1� � - � �f �• ( _ :�i • .... _�1�. Exhibit 1 05/23/2019 MacKenzie Engineering and Planning, Inc. Attention: Shaun G. MacKenzie, P.E. Via email: mackenzieengineeringinc.onmicrosoft.com Dear Mr. MacKenzie, I am in the process of submitting an application, for a property that I personally own, for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Public Facility to Commercial. The application requires that the applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. If the propose Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a traffic Impact Study prepared by a professional transportation planner or transportation engineer. In support of our request for this letter, please consider the following information. The subject property is within the city developed area of Okeechobee, and is currently vacant land. The existing zoning for the property is currently Single Family Residential and the existing FLU is currently Public Facility. The request being presented to the City is to update the Future Land Use Map to Commercial to be consistent with many existing neighboring properties. Included with this email is Section two and three of the SSA for your reference. I have received your proposal and look forward to your preparing the stated above information that I need to submit with my SSA appication. Thank you, Rhonda Waldron 864-634-5877 rhowal20l4@gmail.com Applicaton for Comprehensive Plan Amendment ( l09) REQUESTED11. A. TYPE; (Check appropriate type) 0 Text Amendment 0 Future Land Use Map (FLUM) Amendment .B. StrrOmARy of RcQussT (Brief explanation): Small-scale Amendment to the -Future Land Use map.lo commercial for lots 8, 9 & 10, Block 4 A. PROPERWLOC, LTION: Site Address: '1099 SIN. Park St., Okeechobee, FL 34974 2. Property 1D #(s): 3-21-37-35-0970-00.040-0080 B. PROPERTY 1NFoRrwATto k (Note: 'Proerty area should be to die nearest tenth of an acre. For properties of less than one acre,'area should be in square feet:) 1. Total Area of Property: 21,257.3 sq. ft: 2. Total Area included in.Request: 24,257.3 sq. ft a. 1n each'Future Land Use (FLU) Category: (1) 24,257.3 sq';ft; (2) (3 ) (4) b. Total Uplands: 21,257.3 sq. ft. C. Total Wetlands: 0 Applicaton for Comprehensive Plan Amendment (61091) D. 3. 4, Current Zoning: 118 FA Current FLU Category. PF 5. Existing Land Use:vacant 6. Requested FLU Gatejaory C MAXIMUM i1EVELOPMENT POTENTIAL OF THE SUBJECT.PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density {DU/Acre) Number of Units Commercial (sq. fl.) 21,257.3 sq. ft. Industrial (sq. ft.) Public Faet3t'ties 21,257.3 sq. ft. Future Land Use Amendment Traffic Analysis Okeechobee Lots 8, 91 &10 Block 4 City Okeechobee, FL Prepared for: Rhonda Waldron 3533 NW 163rd Court Okeechobee, Florida Prepared by: e=�'c Kenz e Engines.ring & Nanning, Inc: 1172 SW 30 Street, Suite 500 Palm City, FL 34990 (772) 286-8030 183001 June 2019 © MacKenzie Engineering and Planning, Inc. CA 29013 3� Na e1Tb1% ` c Digitally signed by Shaun G MacKenzie Date: 2019.06.22 19:09:56 -04'00' Shaun G. MacKenzie P.E. PE Number 61751 r_. lcKen ie I noincerin,g vlawiin2;, Inc. EXECUTIVE SUMMARY MacKenzie Engineering and Planning, Inc. (MEP) was retained to evaluate the changes in the Future Land Use for the development located at 1019 Southwest Park Street, Okeechobee, FL (PCN: 3-21-37-35-0170-00040-0080). The subject parcels encompass 0.488 acres, the applicant proposes to change the future land use from Public Facility to Commercial. Future Land Use — Maximum Net Increase in External Trips The future land use amendment trip generation results in a decrease to the daily, AM peak hour and PM peak hour trips. The project satisfies the Public Facilities Impacts Small Scale Amendment within the City of Okeechobee's Comprehensive Plan. 183001 Pagei e-4-cKenzie E u.o, 1CCC1n ' PI:11.1ning, [tic. TABLE OF CONTENTS EXECUTIVESUMMARY.................................................................................................i TABLEOF CONTENTS....................................................................................................ii LISTOF FIGURES............................................................................................................ii LISTOF TABLES..............................................................................................................ii INTRODUCTION..............................................................................................................1 CURRENTDATA..............................................................................................................2 LANDUSE CHANGE ANALYSIS..................................................................................2 TRIPGENERATION......................................................................................................... 2 ExistingFuture Land Use...........................................................................................2 ProposedFuture Land Use..........................................................................................2 NetImpact................................................................................................................... 3 CONCLUSION................................................................................................................... 4 APPENDICES....................................................................................................................5 LIST OF FIGURES Figure1. Site Location Map..............................................................................................1 LIST OF TABLES Table 1. Proposed Land Use Change................................................................................. l Table 2. Proposed Trip Generation....................................................................................3 183001 Page ii / l n�in��rrin� �\ I'I:rTuiu�, (n�•. INTRODUCTION A future land use amendment is proposed on 0.488 acres at the southeast corner of SW Park Street and SW 116' Avenue, Okeechobee, Florida (Parcel ID: 3-21-37-35-0170-00040-0080). The amendment proposes to change the future land use (FLU) from Public Facility to Commercial. The property details and proposed changes are shown below in Table 1. Figure 1 illustrates the general site location. Table 1. Proposed Land Use Change Parcel ID Parcel Size Iexisting Land Use Proposed Land Use 3-21-37-35-0170-00040-0080 0.488 Acres 21,257 Square Foot, Public Facility r Commercial - The traffic analysis will examine the impacts of changing 0.488 acres of Public Facility to Commercial land use. The proceeding analysis will examine the ability of the existing roadway network to accommodate the increased demand and the future roadway network to accommodate the increased demand. Figure 1. Site Location Map A 183001 Page 1 ! «gjkleerilkg & E't utninik, Inc. CURRENT DATA The information contained below was used to develop the foregoing future land use traffic analysis. • Trip Generation, 10 Edition (ITE report) • Comprehensive Plan LAND USE CHANGE ANALYSIS TRIP GENERATION Existing Future Land Use The existing FLU is Public Facility and the maximum development potential of the land is 31,885 SF of United States Post Office use based on the comprehensive plan's floor area ratio (FAR) of 3.0 and maximum coverage of 50 percent, calculated as follows: I" —3"' Floors: 0.488 Acres x 43,560 SF/Acre x 3.0 FAR x 50% = 31,885 SF The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10"' Edition) and use Land -Use 732 (United States Post Office). The existing FLU has a trip generation potential of 3,314 daily, 272 AM peak hour (141 in/131 out), and 357 PM peak hour (182 in/175 out) trips. Proposed Future Land Use The proposed FLU is Commercial and the maximum development potential of the land is 10,628 SF of Shopping Center and 21,257 SF of General Office Building use based on the comprehensive plan's FAR of 3.0 and maximum coverage of 50 percent('), calculated as follows: V Floor: 0.488 Acres x 43,560 SF/Acre x 3.0 FAR x 50% x 1/3 = 10,628 SF 2"d — 3`d Floors: 0.488 Acres x 43,560 SF/Acre x 3.0 FAR x 50% x 2/3 = 21,257 SF (') CBD district maximum coverage is 85 percent. After applying the side and rear setbacks of 20 feet for abutting residential zoning, a maximum height of 45 feet, and parking I space per 300 square feet of floor area. The adjusted maximum coverage is 50 percent. 183001 Page 2 aCKC[tdiic l n"ill rc-rin N' 1'l:>.nniti . 111(% The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10"' Edition) and use Land -Use 710 (Shopping Center) and Land -Use 820 (General Office Building). The proposed FLU has a trip generation potential of 1,545 daily, 203 AM peak hour (137 in/66 out), and 129 PM peak hour (53 in/76 out) trips. Net Impact The difference between the maximum trip generation potential of the existing future land use and the proposed future land use was examined to determine the maximum (worst case/conservative) impact to the existing and future roadway network. Table 2 displays the resulting trip generation. The resulting change is -1,769 daily, -69 AM peak hour (4 in/ -65 out), and -228 PM peak hour (- 129 in/ -99 out). Table 2. Proposed Trip Generation Okeechobee Lots 8, 9,& 10 Block 4 Trip Generation Land Use Intensity Daily I AM Peak Hour I PM Peak Hour Trips JTotall In I Out JTotaITIn Foul Maximum Use Traffic United States Post Office 31.885 1000 SF 3,314 1 272 141 131 357 182 175 Subtotal 3,314 272 141 131 357 182 175 NETEXISTINGTRIPS 3,314 272 141 131 357 181 775 1 otal Existing Driveway Volumes 3,374 272 747 737 357 782 175 Maximum Use Traffic Shopping Center 10.628 1000 SF 1,309 157 97 60 103 49 54 General Office Building 21.257 1000 SF 236 46 40 6 26 4 22 31.885 1000 SF 1,545 203 137 66 129 53 76 Subtotal NET PROPOSED TRIPS 1,545 203 137 66 129 53 76 Total Proposed Driveway Volumes 1,545 203 137 66 129 53 76 NET CHANGE IN TRIPS (FOR THE PURPOSES OF CONCURRENCY) -1,769 -69 -4 -65 -226 -129 -99 NET CHANGE IN DRIVEWAY VOLUMES -1,769 -69 -4 -65 -228 -129 99 Note: Trip generation was calculated using the following data: Pass -by AM Peak Hour PM Peak Hour Land Use IT E CodE Unit Daily Rate Rate in/out Rate in/out Equation General Office Building 710 1000 SF Ln(T) = 0.97 Ln(X) + 2.5 0% 86114 T=0.94(X) +26.49 16184 Ln(T) =0.95 Ln(X) 0.36 United States Post Office 732 1000 SF 103.94 0% 52148 Ln(T) - 0.47 Ln(X) + 3.98 51/49 11.21 Shopping Center 820 1000 SF Ln(T) = 0.68 Ln(X) + 5.57 0% 62138 T -0.5 (X) + 151.78 48/52 Ln(T) = 0.74 Ln(X) + 2.89 s. fobs - share ddvel783 - rhonda wa1dron1001- fulure land use amendmenll6-5-20191[wawa okeechobee.xlsx]tgen-prop Copyright 02079, MacKenzie Engineering and Planning, Inc. 183001 Page 3 11ehenzi+e E.tigincerin,� . I'lannina, Inc. CONCLUSION MacKenzie Engineering and Planning, Inc. (MEP) was retained to evaluate the changes in the Future Land Use for the development located at 1019 Southwest Park Street, Okeechobee, FL (PCN: 3-21-37-35-0170-00040-0080). The subject parcels encompass 0.488 acres, the applicant proposes to change the future land use from Public Facility to Commercial. Future Land Use — Maximum Net Increase in External Trips The future land use amendment trip generation results in a decrease to the daily, AM peak hour and PM peak hour trips. The project satisfies the Public Facilities Impacts Small Scale Amendment within the City of Okeechobee's Comprehensive Plan. 183001 Page 4 EXHIBIT 1 Okeechobee Lots 8, 9, & 10 Block 4 Trip Generation Land Use Intensity Daily AM Peak Hour PM Peak our Trips Total I In I Out Total In Out Maximum Use Traffic United States Post Office 31.885 1000 SF 3,314 272 141 131 357 182 175 Subtotal 3,314 272 141 131 357 182 175 NET EXISTING TRIPS 3,314 272 141 131 357 182 175 Total Existing Driveway Volumes 3,314 272 141 131 357 182 175 Maximum Use Traffic Shopping Center 10.628 1000 SF 1,309 157 97 60 103 49 54 General Office Building 21.257 1000 SF 236 46 40 6 26 4 22 31.885 1000 SF 1,545 203 137 66 129 53 76 Subtotal NETPROPOSED TRIPS 1,545 103 137 66 129 53 76 Total Proposed Driveway Volumes 1,545 203 137 66 129 53 76 NET CHANGE IN TRIPS (FOR THE PURPOSES OF CONCURRENCY) -1,769 -69 -4 -65 -228 -129 99 NET CHANGE IN DRIVEWAY VOLUMES -1,769 -69 -4 -65 -228 -129 -99 Note: Trip generation was calculated using the following data: Pass -by AM Peak Hour PM Peak Hour Land Use ITE Cade Unit Daily Rate Rate in/out Rate inlout Equation T = 0.94 (X) Ln(T) = 0.95 General Office Building 710 1000 SF Ln(T) = 0.97 Ln(X) + 2.5 0% 86/14 +26,49 16/84 Ln(X) + 0.36 United States Post Office 732 1000 SF 103.94 0% 52/48 Ln(T) = 0.47 Ln(X) + 3.98 51/49 11.21 = 0.5 (X) + Ln(T) = 0.74 Shopping Center 820 1000 SF Ln(T) = 0.68 Ln(X) + 5.57 0% 62/38j 151.78 48152 Ln(X) + 2.89 s., jobs - share drivel 193 - rhonda waldron1001- future land use amendmentl6-5-20191(wawa okeechobee.xlsxIlgen prop Copyright 02019, MacKenzie Engineering and Planning, Inc. ---------------------------------------------------------------------------------------------------------------------------------- SOUTHWEST ADDITION TO WALDRON RHONDA G 3-21-37-35-0170-00040-0080 Okeechobee County 2018 R OKEECHOBEE (PLAT BOOK 2 PAGE 3533 NW 163RD CT CARD 001 of 001 7) LOTS 8, 9 & 10 BLOCK 4 OKEECHOBEE, FL 34972-8410 PRINTED 10/11/2018 14:00 BY STAR ---------------------------------------------------------------------------------------------------------------------------------- APPR 11/23/2016 RA BUSE AE? HTD AREA .000 INDEX 518644.00 SOUTH PARK PUSE 008086 COUNTY VAC MOD BATH EFF AREA E -RATE .000 INDX STR 21- 37- 35 EXW % FIXT RCN AYB MKT AREA 510 0 BLDG BDRM %GOOD BLDG VAL EYB EXAG 0 XFOB RSTR RCVR RMS UNTS ----------------------------------------------- $FIELD CK: # AC .488 58,725 LAND % C -W% #LOC: 1019 SW PARK ST OKEECHOBEE $ NTCD APPR CD 0 0 CLAS MKTUSE INTW % HGHT # # CNDO 58,725 JUST FLOR PMTR STYS # # # SUBD 58,725 APPR % ECON # # # SLK LOT 0 SOHD HTTP A/C FUNC SPCD # # # MAP# 58,725 ASSD QUAL DEPR # # # 03 TXDT 050 58,725 0 EXPT COTXBL FNDN HURR # $ SIZE UD -2 $ # -------------- BLDG TRAVERSE ------------- CEIL ELEC # # ARCH APTE $ # FRME UD -5 $ $ KTCH UD -6 # $ WNDO UD -7 # $ CLAS UD -8 # $ OCC UD -9 # # COND % # $----------------- PERMITS ----------------- SUB A -AREA % E -AREA SUB VALUE # # NUMBER DESC AMT ISSUED $ # ------------------ SALE ------------------ # # BOOK PAGE DATE PRICE # # 812 41 8/08/2018 U V 53300 $ # GRANTOR OKEECHOBEE COUNTY # # GRANTEE WALDRON RHONDA G # # 230 764 8/01/1979 Q I 101000 $ # GRANTOR TOTAL ------------------------------------------------- GRANTEE OKEECHOBEE COUNTY -------EXTRA FEATURES--------------------------------- FIELD CK: ------------------------------------------- AE BN CODE DESC LEN WID HGHT QTY QL YR ADJ UNITS UT PRICE ADJ UT PR SPCD % %GOOD XFOB VALUE ------------------------------------------------------------------------------------------------------------------------------ LAND DESC ZONE ROAD DEN {UD3 FRONT DEPTH FIELD CK: AE CODE TOPO UTIL YRPL {UD4 BACK DT ADJUSTMENTS UNITS UT PRICE ADJ UT PR LAND VALUE Y 067WP4 SW PARK ST 150 142 1.00 1.00 1.00 1.00 150.000 FF 450.000 391.50 58,725 11 Sec. 90-375. - Lot and structure requirements. Except where further cesh irfa by these regulations for a particular use, the minimum lot and structure requirements in tho PUB di trict shall be as follows: (1) I Minimum lot area. As needed to comply with i All uses: Area requirements set out in this division Width None (2) Minimum yard requirements. All uses: Front 25 feet 15 feet; 40 feet in or abutting Side residential zoning district ^i 20 feet, 40 feet in or abutting i i Rear residential zoning district (3) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface All uses: 50 percent 85 percent (4) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. (LDR 1998, § 414) Sec. 90-315. - Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in thEJ,CBD district shall be as follows: (1) Minimum lot area. As needed to comply with requirements set out in this All uses: Area I division. � I (LDR 1998, § 394) Width None (2) I Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: Ta. All uses: Front � None Side None or at least eight feet; 20 feet abutting residential zoning district Rear �D None; 20 feet abutting a residential zoning district The width of an adjacent street or alley may be applied to the increased setback required when r Tb. abutting a residential district. .(3) Maximum lot coverage by all buildings. Maximum Impervious Maximum Coverage Surface uses: 85 percent 100 percent I DAll i (4) _ Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, unless a special exception is granted. I ;'(5) Maximum floor area ratio. All uses shall be 3 feet. (LDR 1998, § 394) 6. Any lands included or amended into the Residential Mixed Use Category must demonstrate the non-existence of urban sprawl by: a. Submitting a fiscal impact study demonstrating a net fiscal benefit to the City. b. Directing new growth to areas where public facilities exist, are planned within the City or County Five Year Capital Improvements Plan, or are committed to through a Developer Agreement, or otherwise assured to be funded by the appropriate agency. C. Requiring all development to be connected to central water and sewer. d) Commercial. Permitted uses include the full range of offices, retail, personal and business services, automotive, wholesale, warehousing, related commercial activities, and accessory uses customary to permissible uses. Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities, communications facilities, hospitals, group homes, adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, may be permissible under certain circumstances. 1. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. 2. Zoning districts considered appropriate within this future land use category include Commercial Professional Office (CPO), Light Commercial (CLT), Heavy Commercial (CHV), and Central Business District (CBD). e) Industrial. Permitted uses include large-scale manufacturing or processing activities, business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service uses, and off-site signs, limited agriculture, and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or leather products may be permissible under certain circumstances. 1. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. 2. Zoning districts considered appropriate within this future land use category include only RH and Industrial (IND). City of Okeechobee Comprehensive Plan Future Land Use Element 1-6 f) Public Facility. Permitted uses include public facilities and uses such as parks, schools, government buildings, fire stations, other recreational and non -recreational public properties, and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this category shall not exceed 85 percent of the site. 2. Only the Public Use (PUB) Zoning district is considered appropriate within this future land use category. Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and shall continue to protect private property rights. In implementing the Comprehensive Plan, the City shall continue to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the City shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. Policy 2.3: The City shall continue to require that all development proposals be accompanied by an inventory of wetlands, soils posing severe limitation to construction, unique habitat, endangered species of wildlife and plants, and areas prone to periodic flooding. The City shall further require that the extent to which any development or redevelopment is proposed to be placed in/on, to disturb, or to alter the natural functions of any of these resources, be identified. Such identification shall occur at a phase in the development review process that provides the opportunity for the City to review the proposed project to ensure that direct and irreversible impacts on the identified resources are minimized, or in the extreme, mitigated. Where development is determined to encroach upon a resource, the City shall require a specific management plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers, and clustering of development away from site resources, to ensure the protection, preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall preserve all natural vegetative cover, except where drainage ways and access paths are approved to cross the buffer. Buffers may be supplemented only with native tress, shrubs and ground covers. Policy 2.4: The City, through revision of appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Policy 2.5: The City shall amend its Future Land Use Map, as necessary, to address inconsistent land use areas. City of Okeechobee Comprehensive Plan Future Land Use Element l"� nll.IlJIl4 HI19 ,. NAY16t_ ..... 1617,8191 m'21'a'2724'25'm 7i pia to 11.12 t SII - N.W. 4TH ST 11�OI9I•I7 ,99817 L.11 �. i, i7 +] !121311109.1 aal 331 0:6(434211 1,3. 23-1— — 1/lu he n.to 1p Xl.2, a:..a it n u ells ie 17TI.,- NIM5 is 1718 »Im 21 2223121 H- 7j$Ia -.0 112 N.W. 3 RD ST W ] 2 1 </- 9 0 1 e S 1 3 2 1 Qp f o 9 /i 1 a/ a 31111 5 5 ,3 711 = 11 ttlt] U » 1a 17 fe t91m Z Z »I»It•�77+»1191 m l2l'a 21 b xe m 3 718 9110 11112 3 i z N.W. 2ND ST 10 9 p 1 8 » 9 e -k 4- 7 e s. ] 3 1♦-��1-� 7 2 t fe s. -%a f ti - - - STATE ROAD 70 N. W. PARK ST (I S.W. PARK ST Ia I] 2'j 10 9 e 7 e a . 3 . t 13 it 9�0-7 • ! / ] 712 t 1. S k 117 » �t91m 1,1 I I It tx tt » » » 77 » » m xj�27�2�a1 73I m ui a 111 e S.W. 2ND ST 10 9 8 7 6 6 11 13 7 1 11 n» 1413 »177•»m t + i 7 1�1a /7» 19m _ 1 S.W. 3 RD ST z a I • e 7 e s a 70 » 9 e 7 e s 1 3 z 1 5 11 to q 7 I a it l7 n t. fe 1e fi 1- 1f m -- a 1 S.W. 4 TH ST to b ypC[ .96 » -fel. e7a l l1i 32 10 2" Fuisn to f1 fee171» tr m la y S.W. STH ST u » 10 9 e 7 e e 1 3 2 1 » f e 7 65 1 3 2 1 2D F zt Z a T1112uuu»tt1e»m nuuuul7anmum m N S.W. STH ST m AR13 s4m -781171 n mmm 11 l2 N 11 15f0 /7 to le m 31 32 LIT 3T 37y7- 3 7 1 35 m S.W. 8TH ST N tt 1] 1. t5» m 17 1p t9 72 52- >,Ittltallal»1181171»I»Im 30 y^�{ S. W 8TH ST 43 ,3 Y•7�6.32, MIeI.I, I.L I. I, I, I. 42 n 7 B 9 7o?u'u 7* e 9 7� 11'tt i s oto 11 12 N.W. 4TH ST 25 113'7 It al •1411 7 1 8 5 4 1 3 1 65 d, 2 1 12-9: ;1 T1� —' 125 9 _ !110111112 71e1 �9'ol1112 9,10 a ] !1.rj. Q N. K 3RD ST i W { II I I pt W W W W - W > > > > 1 3 Q a 1+ 3, 2 7 --k f 7 Q 138 N ! 3 __- 112 Z = i 9 ,o a 17 Z 7 6 9 10 11 12 ? 3 vi 111 s Z" 9 z = Z N.W 2ND ST 2...� 6 54 3 2 1 STATE ROAD 70 N.W. PARK ST 16 - F L A G L E R 212 S W PARK ST e s�4 21 854] I m 1 o I r e» /1 7 e• to 'h R S 1a M 11 17 7 to ~ 7 O 5. ].2 1' a 4. 4 a. x i- a S 4 7 2�t • a �'.0 7-Q a»111/1 (� 11 kN ;M 117 718 q�10 1+Mt *'33 T1 3 1 7�L43 211 11.1]lII 9» 117 7i 61B 10It1In Vii 7'B19�10 S.W. 2 ND ST W - _ - a N s 14121' a z y N 2 of m S.W. 3RD ST j _ u� 1 S.W. 4TH ST 1 0 7o7lt 7 a 37+ Q 3 2 1 s. 3 1 3 4 W.1113 Ir s n 7 3 i e m 9 y m y B m S.W. STH ST 4 - I 1191 8 3 7 1 0 6. 7 7 1 B S. ] z 12 t 8TI 5 11.2 1 e9,onu 789»n J S.W STH ST t I I 1 1 11� pl !7 • f 4 31211 7l8 • 4 a 12'1 ` • 6 4 7�a 1 L I7 • t �: S.W. 7TM ST /1 • -� 1)I 1. �- _ • 3 1� -_ _ �� 0 s ] 2� e 3 4 .11 i �jl- II LL 10 b 11 13 • 5 1 7Ie 9 o11p� 7 e }0 / 21 I7I e'010I1 tb� Q III111111111 II t � >eI5I1,711 eSI. I•f1 .a.h,. m 6 7 LAND USE AND MAXIMUM FAR ANALYSIS Retail Store and Professional Office LIMITING FACTOR IS BUILDING WITH PARKING public use government office building size unit institutional uses Required Parking Area per Parking Space Total Parking Area Mamimum Building Coverage Mamimum Building Coverage w/ Parkin 1st floor 10,628 SF retail store 35 300 10,500 0.85 0.5 2nd floor 10,628 SF professoinal office 35 300 10,500 0.85 0.5 3rd floor 10,629 SF professoinal office 35 300 10,500 0.85 0.5 total 31,885 SF 0.5 105 300 31,500 27 LIMITING FACTOR IS BUILDING WITH PARKING public use government office Itotal 1 31,885 SF 1 1 81 1 300 1 16,200 Mamimum Area per Total Mamimum Building building Required Parking Parking Building Coverage size unit institutional uses Parking Space Area Coverage w/ Parkin oor 10,628 SF overnment office 27 300 5,400 0.50 0.5 oor 10,628 M SF overnment office 27 300 5,400 0.50 0.5 oor 10,629 SF I government office 27 300 5,400 0.50 0.5 Itotal 1 31,885 SF 1 1 81 1 300 1 16,200 tX111 b 1Z L Okeechobee Utility Authority June 101, 2019 Attention: Mr. John Hayford, Executive Director Via Email: jhayford@ouafl.com RE: Reguest for Potable Water and Sanitary Sewer Information Small -Scale Comprehensive Plan Amendment Lots 8, 9 & 10 Block 4, City of Okeechobee Dear Mr. Hayford: I am the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject propertyfrom Public Facilities to Commercial. The application requires obtaining estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for potable water, sanitary sewer, and recreation/open space. Potable Water and Sanitary Sewer demand based on: 1. 114 gallons per person per day (gppd) for residential uses. 2. 0.15 gallons per day per square foot of floor area for nonresidential uses. In support of my request for this information, please consider the following information. The vacant subject property is within the City developed area of Okeechobee. The request being presented to the City is to update the Future Land Use Map to be consistent with the use of many neighboring commercial properties. Additional information on the subject property, taken from Sections 11 and 111 of the SSA application is included with this email for your evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. Thank you, Rhonda Waldron 863-634-5877 rhowal20l4@gmail.com Applicaton for Comprehensiw Plan Amendment (6f09) 111. REQUESTED CHANGE (Please See Section V. Fee Schedule) A. TVrE: (Cheek appropriate type) El Text Amendment. n Future Land Use; Map (FLUM)Amendment B. SVI%IMARY OF R.EQUEsT (Brief explanation): Sma11-Scale Amendment to the Future Land U.se Map I to Commercial for lots S; 9 & 10, Block 4 A. '.PItO,PEt TY:Lbc;moN: 1. Site Address: 1019 SW- Park St., Okeechobee, FL 34974 2. Property ID #(s) 3-21-37-35-0170-00040.0080 B. P[i ' ERTY INVOIMIATION (Note: Property area should be to the nearest tenth of an acre. For properties ofless.than one acre, area should bean square feet.) 1. Total Area of Property: 21,257.3 sq. ft. 2. Total Area included in :Request: 21,257.3 sq. `#L a. In .each Future Land Use (FLU) Category: (1) 21,257.3 sq. It (2) (3) .(4) b. Total Uplands: 91,967.3 sq. ft Q. Total Wetlands: '0 Applicaton for Comprehensive Plan Amendment (6/09) I Current Zoning: RSF-1 4. Current, FLU.Category PF 5. Existing Land Use: Vacant o. Requested FLU Category G D. MokXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT,.PROPERTY Development Type Existing FLU Category Proposed. FLU Category Resid.entiai Density (DU/Acre) Number of Units Conmercial (sq.; ft.) 212257.3. sq. ft. Industrial (sq. ft.) Public Faeffffi'es 21.2-57.3 so. fL Shaun G. MacKenzie, P.E. Via Wed, Jun mackenzieengineeringinc.onmicrosoft.com 5th, 2019,11:27 AM Rhonda, Your proposed future land use amendment will change 0.488 acres of property from Public Facilities (PF) to Commercial (C). Based on our evaluation: *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite 500 Palm City, FL 34990 OFFICE: 772-286-8030 Cel — 772-834-8909 shaun mackenzieengineeringinc.com Expertise - Relationships - Superior Client Service Existing Maximum Use Proposed Maximum Use Land Use Public Facilities Commercial* Maximum Building Size 31885.5 SF 31885.5 SF Population* 53 0 *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite 500 Palm City, FL 34990 OFFICE: 772-286-8030 Cel — 772-834-8909 shaun mackenzieengineeringinc.com Expertise - Relationships - Superior Client Service OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 June 13, 2019 Ms. Rhonda Waldron 3533 NW 163`d Court Okeechobee, Florida 34972 Ref: Water Capacity Request Parcel ID No.: 3-21-37-35-0170-00040-0080 Site Address: 1919 SW Park Street Okeechobee, FL 34974 Dear Ms. Waldron: (863) 763-9460 FAX: (863) 467-4335 In reference to a request for the availability of water capacity to the subject property submit the following information for your use in meeting the potable water demand requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from April 2018 to March 2019, the maximum daily flow was 3.89 MGD, or about 65% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed proiect will he at the project oktimPrs' e\,pense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863-763-9460. Sincerely, ohn F Ha ord, P. E. Executiv irector Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 10.0 SW 5th Avenue Okeechobee, Florida 34974-4221 June 13, 2019 Ms. Rhonda Waldron 3533 NW 163rd Court Okeechobee, Florida 34972 Ref: Wastewater Capacity Request Parcel ID No.: 3-21-37-35-0170-00040-0080 Site Address: 1919 SW Park Street Okeechobee, FL.34974 Dear Ms, Waldron: (863)'763-94.60 FAX: (863) 4467-4335 In reference to a request for the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with.a. FDEP permitted capacity of 3.0 MGD. During the twelve. month. period from May 2018 to April 201:9, the annual average daily demand was 0.9.16 MGD, orabout 31% of the current 3.0 MGD treatment capacity. The OUA.does provide wastewaterservice to the subject property. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owner's expense. Should you have. any other questions, comments or concerns with regards .to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely,, hn F. Ha o P: Executive Director June 01, 2019 Okeechobee Landfill, Inc. Attention: Jeff Sabin, Government Affairs Director at Waste Management, Inc. Via Email: jsabin@wm.com RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 8, 9 & 10 Block 4, City of Okeechobee Dear Mr. Sabin: I am the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Public Facilities to Heavy Commercial. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities including Solid Waste. Attached to this email is information from Section's II and III of the Future Land Use Amendment Application for your evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. In support of my request for this letter, please consider the following information. The subject property is within the City developed area of Okeechobee. The request being presented to the City is to update the Future Land Use Map to be consistent with the use of many neighboring Commercial properties. Additional information on the subject property, taken from Sections 11 and 111 of the SSA application is included with this email for your use. I look forward to hearing from you. Thank you, Rhonda Waldron 863-634-5877 rhowal20l4@gmail.com Appli caton for Comprehensive Plan Amendment (W09) Il. REQUESTED CHANGE (PleaSo See Section V. Foe Schedule) A. TvP : (Check appropriate type) 0 Text Amendment ❑Q Future Land Use Map (FLUM) Amendment B. SUrtn3ARVOFREQUFST (Brief explanation): SmaW&ale Amendment to the Future Land Use Map to Commercial for lots 8. 9 & 10, Bleck d A. ftoPmry LorAmN: 1. Site Address: 1019 SW- Park St., Okeachobee, FL 34974 2. Property ID #(s): 3-21-37-35-0170-O0040-0080 S. PROPMTY INFORMATION (Mote: Property area should be to the nearest tenth of an acne. For properties of less than one acre, area should be in square feet.) 1. Total Area of'Property. 21,257.3 sq. fit. 2. Total Area included in Request: 21,267.3 sq. IL a. In each Future Land Use (FLU) Category.. (1) 21,267.3 sq. tL (2 ) (3 ) (4) b. Total Uplands. 21,257.3 sq. ft. C. Total Wetlands: tfi Applicaton for Comprehensive Plan Amendment (6109) 3. Current Zoning:. RSF-1 4. Current FLU Category. PF 5. Existing Land lase: Vacant 6. Requested FLU Cate&ory C D. MAXIMUM DEVELOPMENT POTENVA1., OF THE sumjEcT PRoPEKIrV Development Type Existing FLU CategoryCatcgory Proposed F'LU Category Residential Density (DU/Acre) Number o f Units Conunerr:ial (sq. ft.) � 21,257.3 sq. Industrial (sq. it.) Shaun G. MacKenzie, P.E. Via Wed, Jun mackenzieengineeringinc.onmicrosoft.com 5th, 2019, 11:27 AM Rhonda, Your proposed future land use amendment will change 0.488 acres of property from Public Facilities (PF) to Commercial (C). Based on our evaluation: *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite S00 Palm City, FL 34990 OFFICE: 772-286-8030 Cel — 772-834-8909 shaunPmackenzieengineeringinc.com Expertise - Relationships - Superior Client Service Existing Maximum Use Proposed Maximum Use Land Use Public Facilities Commercial* Maximum Building Size 31885.5 SF 31885.5 SF Population* 53 0 *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite S00 Palm City, FL 34990 OFFICE: 772-286-8030 Cel — 772-834-8909 shaunPmackenzieengineeringinc.com Expertise - Relationships - Superior Client Service June 5, 2019 Rhonda Waldron 3533 NW 163rd Court Okeechobee, FL 34972 JEFF SABIN GOVERNMENT AFFA1Rs WASTE MANAGEMENT INC. OF FLORIDA 7700 SE BRIDGE RD HOBE SOUND, FL 33455 PH: (772) 545-1327 MOBILE: (772) 263-0017 Re: Property Location —1019 SW Park Street, Okeechobee, FL 34974 Dear Ms. Waldron: In response to your request for confirmation of service availability for the above development, Waste Management Okeechobee Hauling can adequately accommodate the prescribed services as provided for in our Solid Waste and Recyclable Materials Collection Services Agreement with the City of Okeechobee. We appreciate the opportunity to service the new community and look forward to working with the developers and builders in making it an environmentally friendly project. Please contact our Sales Specialist as your project proceeds, her contact information is below, or myself. Sales Specialist: Amanda Mindell — 561-351-8658 If you have any questions or concerns, please contact us. JEFF SABIN Government Affairs Cc: Amanda Mindell 1-:�1i111 01 L June 10th, 2019 Okeechobee County School Board Attention: Mr. Ken Kenworthy, Superintendent Via Email: kenworthyk@okee.kl2.fl.us RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 8, 9 & 10 Block 4, City of Okeechobee Dear Mr. Kenworthy: I am the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Public Facilities to Heavy Commercial. The application requires obtaining a "letter from the appropriate agencies substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities including Solid Waste. Additional information on the subject property, taken from Sections 11 and 111 of the SSA application is included with this email for your evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories:' In support of my request for this letter, please consider the following information. The subject property is within the City developed area of Okeechobee. The request being presented to the City is to update the Future Land Use Map to be consistent with the use of many neighboring Commercial properties. I look forward to hearing from you. Thank you, Rhonda Waldron 863-634-5877 rhowal20l4@gmail.com Applicaton for Compr�hensive' (' ll. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TvPE: (Check appropriate type) []Text Amendment Q Future Land Use Map (PLUM) Amendment B. S.UMl111ARYOr WQUEST (Brief PVlanation): slmaiv$ca,le Amendmentto the. Future Land Use. Map to Commercial for lots 8,:9 & % Block 4 A. PRoPERT V I..00ATION: site Address: 'f0' sw.,Park 'st:, Okeechobee. FL 34974 2. Property ID #(s): 3-21-37-36-0170-00040-0080 B. PROPERTY INFoRmATioN (Note: P.roperty.area should be to the nearest tenth of an acre. For properties ofless than one acre, area should be in square feet:) 1. Total. Area of Property: 21,257.3 -*q. tt. 2. Total Area included in .Request::21,237:3 sq; ft. a. 1n each Future Land Use (FLU) Category: (1) 21;257.3 sq. ft (2) (3) (4) b. Total Uplands: 21;257.3 sq. ft. C. Total Wetlands: 0 Applicator for Comprehensive Plan Amendment (6/09) 3. Current Zoning: R8F4 4. Current FLU Category. PF 5. Existing Land Use: Vacant . G. Requested FLU Category C D. MAXIMUM DEVELUprwEIYTPOTENTIAL OFTHE 'SUBJECTPROPERTY Development Type Existing FLU Catego Proposed FLU Category Residential Density (DU/Acre), Number ofUnits Cornmercial.(sq.4.) 21,257.3 sq. ft. Industrial (sq. ft.) Public Facilities 21,257.3 sn. ft. Shaun G. MacKenzie, P.E. Via Wed, Jun mackenzieengineeringinc.onmicrosoft.com 5th, 2019, 11:27 AM Rhonda, Your proposed future land use amendment will change 0.488 acres of property from Public Facilities (PF) to Commercial (C). Based on our evaluation: *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite 500 Palm City, FL 34990 OFFICE: 772-286-8030 Ce(— 772-834-8909 shaunPmackenzieeneineerineinc.com Expertise - Relationships - Superior Client Service Existing Maximum Use Proposed Maximum Use Land Use Public Facilities Commercial* Maximum Building Size 31885.5 SF 31885.5 SF Population* 53 0 *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite 500 Palm City, FL 34990 OFFICE: 772-286-8030 Ce(— 772-834-8909 shaunPmackenzieeneineerineinc.com Expertise - Relationships - Superior Client Service Superintendent Ken Kenworthy School District of Okeechobee County 863-462-5000 700 S.W. Second Avenue Fax 863-462-5151 Okeechobee, Florida 34974 June 19, 2019 Rhonda Waldron 863-634-5877 rhowal20l4@gmail.com_ Chairperson Jill Holcomb Vice Chairperson Amanda Riedel Members Joe Arnold Melisa Jahner Malissa Morgan RE: RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 8, 9 & 10 Block 4, City of Okeechobee, or 1019 SW Park St., Okeechobee, FL 34974 Dear Mrs. Waldron: I understand that you have applied for a change in future land use which requires a confirmation of adequate services. Your application is to change the property located at 1019 SW Park Street, Okeechobee, Florida from Public Facilities to Heavy Commercial. Given that the change in use will not generate the possibility of any students attending Okeechobee County Schools, this letter will serve as confirmation of adequate service. This school district has no objection to the request and I wish you the best in this endeavor. Thanks, Ken Kenworthy Superintendent of Schools Achieving Excellence: Putting Students First! AfA [ASI • A' M � SKS US' ACCREDITED AMcKEU r_.,xniMt 5 July 2nd., 2019 Florida Department of Environmental Protection Attention: Greg Kennedy, Environmental Administrator Via Email: Greg.A.Kennedy@floridadep.gov RE: Request for Environmental Impacts Small -Scale Comprehensive Plan Amendment Lots 8, 9 & 10 Block 4, City of Okeechobee Dear Mr. Kennedy: am the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Public Facilities to Commercial. The application requires obtaining evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Flood Prone areas. In support of my request for this information, please consider the following information. The subject property is within the City developed area of Okeechobee. The request being presented to the City is to update the Future Land Use Map to be consistent with the use of Commercial which is in the surrounding area of this property. Additional information on the subject property, taken from Sections 11 and 111 of the SSA application, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories is included in this letter for your reference. Thank you, Rhonda Waldron rhowal2014@gmail.com Applicator for Comprehensive Plan. Amendment (0/09) Ill. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment ❑Q Future Land Use Map (FLUM) Amendment B. SUMNIAs Y vF REQuEST (Brief explanation): Small -Scale Amendment to the Future Land Use Map to Commercial ior:lots 8,9 & 10, Block 4 A. PROPERTY LOCATION: 1. Site Address: 1019 SW. Park St., Okeechobee, FL 34974 2. Property ID ##(s): 3-21-37-35-.0170-00040-0080 B. .PROPERTY INFORt}7ATioN (Note: Property area should be _to the nearest tenth of an acre. For properties of less than one .acre, area should be in square feet.) L Total Area of Property: 21,237.3 sq. ft. 2. Total Area included in Request:_ 21,257.3 sq. ft. a. In each Future Land Use (FLU) Category: (I ) (2) (3) (4) 21,257.3 sq. ft. b. Total -Uplands: 21,257.3 sq. ft. C. Total Wetlands: 0 Applicaton for Comprehensive Pian.Amendment (6109) 3.. Current. Zoning: RSF-1 4. Current FLUCategory. PF 5. Existing Land Use: Vacant d. Requested FLU Category C D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Categofy Proposed FLU Category Residential Density (DU/Acre) Number of Units Commercial (sq. ft.) 21,257.3 sq. ft. Industrial (sq. ft.) Public Facffities 21,257.3 so. ft. Shaun G. MacKenzie, P.E. Via Wed, Jun , 2019, mackenzieengineeringinc.onmicrosoft.com 5thth11:2719, Rhonda, Your proposed future land use amendment will change 0.488 acres of property from Public Facilities (PF) to Commercial (C). Based on our evaluation: *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite 500 Palm City, FL 34990 OFFICE: 772-286-8030 Cel — 772-834-8909 Shaun@mackenzieengineeringinc.com Expertise - Relationships - Superior Client Service Existing Maximum Use Proposed Maximum Use Land Use Public Facilities Commercial* Maximum Building Size 31885.5 SF 31885.5 SF Population* 53 0 *Maximum population is based on a nursing home with 1 bed per 300 square feet ** The CBD zoning allows for more intense development than shown, but parking requirements limit the building size to approximately 50% of the property. PS - Rhonda these are all maximums based on the City's future land use and applying their building code. These are not requirements. These are maximums based on a 3 -story building built on 50% of the site and structured parking on the remaining 50% in order to meet parking requirements. Shaun G. MacKenzie, PE MacKenzie Engineering & Planning, Inc. 1172 SW 30TH Street, Suite 500 Palm City, FL 34990 OFFICE: 772-286-8030 Cel — 772-834-8909 Shaun@mackenzieengineeringinc.com Expertise - Relationships - Superior Client Service 7/8/2019 Gmail - Okeechobee County Parcel 3-21-37-35-0170-00040-0080 Gmail Rhonda Waldron <rhowa12014@grnaiI.com> Okeechobee County Parcel 3-21-37-35-0170-00040-0080 3 messages Kennedy, Greg A. <Greg.A.Kennedy@floridadep.gov> Wed, Jul 3, 2019 at 8:35 AM To: "rhowal20l4@gmaii.com" <rhowal2014@gmaii.com> Dear Ms. Waldron: Okeechobee County Parcel 3-21-37-35-0170-00040-0080, located at 1019 SW Park Street, Okeechobee, FL 34974 has: 1. No Wetlands or aquifer recharge areas 2. No soils posing severe limitations to development 3. No unique habitat 4. No endangered species of wildlife and/or plants 5. Is not within a flood prone area I hope this information satisfies your request. Respectfully, Greg A. Kennedy •. Environmental Administrator j Florida Department of Environmental Protection Southeast District — West Palm Beach 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Greg.A.Kennedy@floridadep.gov i Office: 561.681.6607 Dep Customer Survey Rhonda Waldron <rhowa12014@gmail.com> Wed, Jul 3, 2019 at 8:39 AM To: "Kennedy, Greg A." <Greg.A.Kennedy@floridadep.gov> Thank you for your help! [Quoted text hidden] image001.jpg https://mail.google.com/maiVu/0?ik=967308adlf&view=ot&search=all&oerrnthid=thread-f°i3d163xnan7t K9A�-it^^,-�-�A'rZIInAmnn� � � Staff Report Small Scale Comprehensive Plan Amendment Prepared for. Applicant. Petition No.: The City of Okeechobee Rhonda Waldron 19 -002 -SSA Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA General Information Owner/Applicant Rhonda Waldron Alk Pp licant Phone Number 863.634.5877 _ = - 4`•= Applicant Email Address rhowall20l4@gmaii.com Site Addressyr, � 1019 SW Park Street„A{'� Contact Person Same as Above Contact Phone Number Same as Above64s�1'.rq��; •. Contact Email Address Same as Above 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. The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 0.488 acre parcel. The parcel is designated Public Facilities on the Future Land Use Map. The Applicant is requesting to change the Future Land Use designation of this property from Public Facilities to Commercial. The Applicant has also made a concurrent request to rezone this property from Residential Single Family to Heavy 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 on the maps in the following pages. LaKue panning Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rhonda Waldron Petition No. 19 -002 -SSA Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Category Public Facilities Commercial Zoning District Residential Single Family Heavy Commercial Vacant (but previously used Office Spaces and possibly Use of Property as Okeechobee Senior Citizens at a later date Commercial Facility) indoor recreation Acreage 0.488 4 0.488 North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Commercial Heavy Commercial Farming products and distribution Single Family Residential Residential Single Family Single Family Residence Single Family Residential Residential Single Family Single Family Residence Commercial Heavy Commercial Antique sales 2 Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA General Analysis and Staff Comments Qualification d Based on the size of the property (0.488 acre) this application qualifies under Chapter 163, F.S. as a Small -Scale Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Public Facility The property is currently designated public facilities on the future land use map. The public facilities designation does not allow for any residential or commercial uses, just public uses. Additionally, since this property is no longer in public ownership, it no longer needs the public facilities designation. C. Future Development Potential as Commercial 1. Maximum Development Potential The maximum intensity allowed in the commercial future land use designation floor is a FAR of 3.0. For this 0.488 acre parcel, a 3.0 FAR translates to 63,772 Aye a square feet. However, with the 50% building coverage restriction and maximum building height of 45 feet (4 stories), the maximum floor area that could be achieved is 42,515 square feet. When we consider that buildings over two stories are not typical for this area of Okeechobee, the practical maximum floor area likely for this parcel is a two- story structure with 50% coverage equating to 21,250 square feet. However, the traffic impact statement submitted by the applicant provides traffic generation estimates based on a 31,885 square foot retail and office facility. 2. Proposed Use Permitted uses in the commercial future land use category include the full range of offices, retail, personal and business services, automotive, wholesale, warehousing, related commercial activities, and accessory uses customary to permissible uses. Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities, communications facilities, hospitals, group homes, adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, may be permissible under certain circumstances. The Applicant has stated that she intends to develop this property with office spaces or commercial indoor recreation. These uses are both consistent with the commercial future land use designation and are permitted in the heavy commercial (CHV) zoning district, to which the applicant is currently requesting a rezoning. (_,Rae ptanning Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA �Comprehensiive Plan Analysis A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. While properties to the immediate north and west of the subject property are designated Commercial and are currently occupied by commercial uses, the properties to the south and east remain designated for single-family use on both the FLUM and the Zoning Map and are currently used for single family residential. Though this property is located on the edge of a single family neighborhood, it is also only one block from State Road 70, which is a main commercial corridor. This property is also located on SW Park Street, which is a roadway that contains primarily commercial uses along most of its length. Allowing this property to be designated as Commercial on the FLUM 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. B. Adequacy of Public Facilities The Applicant has included in her submission: • A letter from the Okeechobee Utility Authority indicating that service is available and that there is adequate excess capacity to accommodate the demand for potable water that would be associated with a proposed nonresidential use. • A letter from the Okeechobee Utility Authority indicating that service is available and that there is adequate excess capacity to accommodate the demand for wastewater treatment that would be associated with a proposed nonresidential use. • A letter from Waste Management Inc. indicating that service is available to accommodate the solid waste and recyclables collection that would be associated with a proposed nonresidential use. • A letter from the Okeechobee School District indicating that the proposed nonresidential use of the property should not generate the possibility of any students attending Okeechobee schools. 4 Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA Traffic Impacts Current Public Facilities FLUM Designation: The applicant has submitted a traffic impact statement that was prepared by Mackenzie Engineering & Planning, Inc., which states that changing the future land use designation of this property from public facilities to commercial will result in a decrease in the number of daily vehicle trips, AM peak hour vehicle trips and PM peak hour vehicle trips. However, this finding is based on the assumption that the property use with the existing public facilities designation would be a three-story, 31,885 square foot united states post office facility generating 3,314 daily vehicle trips, of which 357 would occur during the pm peak hour. This assumption is problematic for several reasons. This property is a very unlikely candidate for a post office facility, as there is already a much larger parcel less than 1.5 miles away on state road 70 that is currently operating as a post office facility. Also, the Institute of Traffic Engineers (ITE) estimated trip generation for a post office is one the highest of any public use listed in the ITE trip generation manual. This unrealistic scenario provides a higher estimated trip generation potential than is likely to be generated by typical public uses that are more likely to occur at a site like this. The property is currently vacant, though the previously existing structure was an approximately 5,000 square foot senior citizens facility. The ITE estimated trip generation for recreation community center is 22.88 per 1,000 square feet with 1.45 of those trips occurring during the pm peak hour. For a 5,000 square foot facility, this equates to approximately 114.4 vehicle trips per day, of which 7.25 occurred during the pm peak hour. If an expanded community center was built on this property at the 31,885 square foot size used in the applicant's traffic impact statement, 730 daily vehicle trips would be generated, of which 46 would occur during the peak pm hour. The ITE estimates that a government office building would generate more traffic than a community center. A 31,885 square foot government office building at this site would generate 2,198 daily vehicle trips, of which 39 would occur during the pm peak hour. pfanning Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA Proposed Commercial FLUM Designation: The traffic impact statement provides an estimated vehicle trip generation for a 31,885 square foot facility with ground floor retail and two stories of offices above. Daily vehicle trips are estimated at 1,545, with 129 of those trips occurring during the pm peak hour. While this is a reasonable use to expect if the FLU designation is changed, it discount's the applicant's written statement that indoor recreation is another use that is being considered for this property. The ITE estimated trip generation for a health club is 90.38 daily vehicle trips per 1,000 square feet, with 5.77 of those trips occurring during the pm peak hour. A 31,885 square health club would generate 2,882 daily vehicle trips, of which 184 would occur during the pm peak hour. Net Impact of Proposed FLUM Change: According the type and intensity of uses assumed in the traffic impact statement, the applicant estimates a net decrease of 1,769 daily vehicle trips and decrease of 228 pm peak hour vehicle trips. However, due to the wide variation in potential development under the existing public facilities designation and the wide variation in the potential development under the commercial designation, the traffic impacts are unknowable without a site plan indicating the actual size and type of development. A traffic impact statement will be necessary at the time of site plan review in order to more accurately assess the impacts to local roadways. Demand for Potable Water and Sewer Treatment Applying an estimate of 0.15 gallons of water per day per square foot of commercial use for a 31,885 square foot facility indicates a demand of about 4,783 gallons of potable water and wastewater treatment each per day. C. Environmental Impacts The Applicant has provided in her 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 LA— planning Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA • Is not within a flood prone area L.,Rue ptanning Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA Based on the foregoing analysis, we find the requested Commercial Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Commercial on the City's Future Land Use Map. Submitted by: Ben Smith, AICP Sr. Planner, LaRue Planning September 10, 2019 Planning Board Public Hearing: September 19, 2019 City Council Public Hearing: October 15, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use Aerial, Subject Site & Environs LAKLIr 8 ptannhl..i Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS N.1^!. 2 ND ST 10 9 8 7 6 5 s 3_2 1 13 12 11 10 f 11 i2 9 14 18 16 17 10 19 20 14 15 16 17 1f IGS STATE R.CAD 'D p V � ' -- 14 9 6 7 6/ 6 4 3 1 1 3 - 3 12 11 14 11 12. Su*ct pro S. 11V_ P°. R K ST ISO 6 5I 4 312 1 19 12 11 10 —� -- — - - 13 18 17 14 15 16 117 18 118 1 �21 22 23 11 12 13 14 15 16 17 18 19 20 EL W. 2 WD ST IJ 9 8I 7' 5 4 3 2 1 1C 9 B T 8 5 4 3 j J21 I I it 12113 '14 15116 'i i1B 19 20 11 12 11 1 11516117 18 1912Q — 1 I � 1� LAND USE CLASSIFICATIONS bt lire SINGLE • FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI- FAMILY RESIDENTIAL . COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE -- - HOPKINS MEANDER LINE UNINCORPORATED 9 planning Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA ZONING S14 3 ZONING SUBJECT SITE AND ENVIRONS mw Rmwvw45: --- :- »EAVYCOWWERCaK N.W. 2ND Si L4G4TC @AfERCIAL 1 3 - 5 5 t4 S +eOIDUK. �••••-.> ",DUSTRwl QQ 2V. PUBLIC FAC;,T,Fs - PLANNED UTI11 DEMOPWENT-Wr:ED I- PLANNED UNR DE`aE1CPW=',-.---'7E^•T-. 2 13 14 is 16 1' to 19 20 21 11 12 13 16 16 16 1' to t9 14 13 16 17 IS t9 2, RESRENTI L. WOO&E �,VE 17 i RESCENTIAL 504OLE "W & LONE RE19Brwl 3MGLE V&Mk,-T00 QkW CORPOPU EO STATE (=tt=ir', L � 12 1t 10 9 s 4 7S ~ S14 3 ZONING rN S.W. PARK ST tt 12 t3 t1�1SftA1t7 to S,W 2111 ND ST 0 9 01, b e 413 z 1 q 14 1 11q 161 17 1!'14 20 S.W. 3 RD ST LAU* 10 pMrming - mw Rmwvw45: --- :- »EAVYCOWWERCaK L4G4TC @AfERCIAL COWERC:.LL FROFESS#ONXA -- "= ��i +eOIDUK. �••••-.> ",DUSTRwl PUBLIC FAC;,T,Fs - PLANNED UTI11 DEMOPWENT-Wr:ED I- PLANNED UNR DE`aE1CPW=',-.---'7E^•T-. . RESOENTIAL MiLTIPL=Fdr... —, RESRENTI L. WOO&E �,VE RESCENTIAL 504OLE "W & LONE RE19Brwl 3MGLE V&Mk,-T00 QkW CORPOPU EO rN S.W. PARK ST tt 12 t3 t1�1SftA1t7 to S,W 2111 ND ST 0 9 01, b e 413 z 1 q 14 1 11q 161 17 1!'14 20 S.W. 3 RD ST LAU* 10 pMrming Staff Report Applicant: Rhonda Waldron Small Scale Comprehensive Plan Amendment Petition No. 19 -002 -SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS 5•'� ^ �j.__`• J .91,4. F a+ ��_► —w. f .,•� '�� i` A SW PARK ST - I w � w-• ' y CI AF M * MY� Pj�;;g 11 Exhibit 2 9/19/19 City of Okeechobee General Services Department 55 S.E.3 d Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: 863 763-1686 Date: Petition No. Fee Paid:.'=';.;'ai 1 (;` I �_.' Jurisdiction:P) f 151 Hearing: Q- 2" Hearing: 11) •-15-1 publication Dates: Notices Mailed: t`l TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: ❑ Largc�Scale (LSA) involving over 10 acres or text amendment Small Scale (SSA) 10 acres or less Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 71 / f 2 I -L 019 Date Signature of Owner or Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6109) I. APPLICANT/AGENT/OWNER INFORMATION Applicant Reuven Ro atg insky Address 3113 Stirling Road, Suite 103 City Fort Lauderdale State FL Zip 33312 Telephone Number 954-536-6081 Fax Number E -Mail reuvenrl725@gmail.com=4(- Agent* STEVEN L. DOBBS Address 209 NE 2ND STREET City OKEECHOBEE State FL Zip 34972 Telephone Number 863-824-7644 Fax Number E -Mail SDOBBS@STEVEDOBBSENGINEERING.COM -K Owner(s) of Record Frank Altobello Charitable Remainder Trust III Address P.O. Box 417 City Okeechobee 863-610-0592 State FL Zip 34973 fmirby@embargmail.com Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment 0 Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): TO CHANGE THE FUTURE LAND USE OF THE 9.12 ACRES OF THE PARCEL FROM SINGLE FAMILY RESIDENTIAL TO MULTIFAMILY RESIDENTIAL A. PROPERTY LOCATION: 1. Site Address: SW 2ND STREET OKEECHOBEE FL 34974 2. Property ID #(s): 2-21-37-35-OA00-00006-0000 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 9.12 ACRES 2. Total Area included in Request: 9.12 ACRES a. In each Future Land Use (FLU) Category: (1) (2) (3) (4) b. Total Uplands: 9.12 ACRFS C. Total Wetlands: 0 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: HOLDING 4. Current FLU Category: SINGLE FAMILY RESIDENTIAL 5. Existing Land Use: UNIMPROVED 6. Requested FLU Category MULTIFAMILY RESIDENTIAL D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential 9.12 9.12 Density (DU/Acre) 5 io Number of Units 46 91 Commercial (sq.ft.) __. --- Industrial (sq. ft.) __. ... At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. I. Wording of any proposed text changes. 42. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. %/4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. ,/5. Map showing existing zoning of the subject property and surrounding properties. 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) ✓7. A copy of the deed(s) for the property subject to the requested change. /8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACimms IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Trak Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: .� a. Solid Waste; b. Water and Sewer; '/c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: A Wetlands and aquifer recharge areas. -/2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. -/5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN I . Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDNIENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each AFFIDAVIT I, REUVEN ROGATINSKY , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the besi of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enterrein the pro arty during normal working hours for the purpose of investigating and evaluating the/�e est mad ti�irough this application. Signature of Owner or Authorized Agent Date Typed or Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregom instrument was AW W %20 , by 1---LLtt or Ao has produced ] 2,Xty -S rU C �aD X04 Notary Public State of Florida `t Megan N Campbell y ,f) ) My Commission GG 226741 orR Expires 10/07/2022 and subscribed before me this ol',A--t-uVSYC/ . who is Public Printed Nein of Notary o?o day of ;rsonally known to me Commission Expires on: () () '7 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 7 of 7 The Emerald Greens Apartments City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a parcel that has a Future Land Use (FLU) of Single Family and is being used as either vacant or Single Family. To the east of this parcel is vacant land with a FLU of Multifamily. To the south, all the land has a .FLU of Single Family with mostly undeveloped land and a church. To the west there are many parcels, some undeveloped, but most developed as single-family residences, a couple of undeveloped parcels, and a church. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are vacant or undeveloped. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surrounding properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 9.12 acres of Single Family. The maximum density of the FLU Single family has a maximum density of 5 units per acre, which would yield a total of 46 units. For a total traffic count of 509 daily trips and 48 peak hour trips. The proposed FLU Multi -Family for these parcels would have a maximum density of 10 units per acre, for a total of 100 units according to the City's Comprehensive Plan, which would yield a total of 715 daily trips with a peak hour of 59 trips. This represents an increase of 206 daily trips and 11 peak hour trips. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Please see the attached traffic statement. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten-year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses Assume 2.5 residents per household Current= 46 * 285 = 13,110 gpd Future = 91 * 285 = 25,935 gpd (2) 0.15 gallons per day per square foot of floor area for nonresidential uses Current 0 * 0.15 = Ogpd Future 0 *0.15 = 0 gpd Current total = 0 gpd Future total = 25,935 gpd b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. The proposed project will provide over 2 acres of active and passive recreation uses. The projected population of the 191 unit project @ 2.5 residents per household is 488. The open space recreation areas exceed the 3 ac/ 1000 person criteria. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; Please sec attached letter from Waste Management. b. Water and Sewer: The impact of the potential FLU change is addressed in the letter provided by OUA. ['lease note when this original request was put together it was for a 19.1 acre request when we found out the north half was already multi family, the request has been amended. but there was not reason to ask for a new letter from OUn since this increase in capacity is less than originally requested. C. Schools. Please see the attached letter from the Okeechobee County School Board stating they have sufficient capacity to serve this development. Please note when this original request was put together it was for a 19.1 acre request when we found out the north half was already multifamily, the rcquest has been amended, but there was not reason to ask Fora new letter from the Okeechobee County School Board since this increase in capacity is less than originally requested. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the US Fish and Wildlife Service. From this map, there appear to be no wetlands on the subject parcel. However, the biologist has found a small wetland in the southwest corner of the project. 2. Soils posing severe limitations to development There are two soils present at this site from the attached NRCS Websoil Survey, there is three soil types on the parcel Floridana, Riviera, and Placid soils, depressional, Immokalee Fine Sand, 0 to 2 percent slopes, and Myakka Fine Sand, 0 to 2 percent slopes. The depressional soils are in the vicinity of the wetland but should cause no development limitations. 3. Unique habitat. This parcel is undeveloped but provides no unique habitat. 4. Endangered species of wildlife and plants. Since everything around this parcel has been partially developed for many years and with all the development around it, it does not provide the conducive habitat for endangered species. 5. Floodprone areas. According to the attached FEMA map 12093C0480C, the subject parcels are within Zone X and shown as an area of minimal flooding. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. This parcel is currently undeveloped. With the anticipated multi -family project, 488 residents will be added to the City population. No adverse impacts to the City population projections are expected, with the projections in line with the Cities anticipated growth and concurrency projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. The minimal increase in density will not change the ability of the city or any other utilities to provide available water, sewer, or roads. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is an undeveloped parcel but will have very limited impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply undeveloped land inside the City Limits for development or infill, which is the preferred development pattern. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Multi Family Land Use designation, the maximum development is approximately 10 Units per acres. L 1.2.d. Use Measure Rate Gallons per Da Single Family 46 Units @ 2.5 114 gppd 13,110 gpd — water/sewer (Existing) people per unit Multi Family (Proposed) 91 Units @ 2.5 114 gppd 25,935 gpd — water/sewer people per unit 12,825 gpd — water/sewer Net Impact Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.89 mgd for the period of April 2018 through March 2019. The average daily flow of the wastewater treatment plant is 0.916 mgd of the 3 mgd plant for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Waste Management has previously indicated they have a 100 -year capacity left in their facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0480C, this parcel is in Flood Zone X. There are no wellfields within 1,000 feet of the parcel. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off-site will be minimized by on-site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short-circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation The proposed development will provide over 2 acres of on-site active and passive recreation space. A large multi -use play field, 4 small parklets, and a 6' meandering path around the water management lake will allow recreation spaces within the community. Hurricane Preparedness This project is located outside any project storm surge areas within the City of Okeechobee. The current Florida Building Code requires impact windows and doors, if the residents desire to remain in the units, but management will encourage them to leave. Miscellaneous Data Parcel Control Numbers Subject to this Application 2-21-37-35-OA00-00006-0000 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. �r The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners FLU Exhibit .. .. ..ice � .f �M•" !� The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners Land Use Exhibit r �r ,. a N ♦iii= jaw& The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners Zoning Exhibit =Ft - BOUNDARY & TOPOGRAPHICAL SURVEY PREPARED FOR R®GATI'INSKI m7SCRIPRON REOIED MW O'AL1'AL RECORDS BOON• 679, PACE 1007 1BD aVPLATIED PARCELS OR LAND, SRONN AS IME RANAOAO Qm-05, L -1 WIN- 111E PUT OR RIE' OTY Lev CWEEDILafE AS RecoeoED M PUT H001' 1 PACE 1 PCDUC REcC—S OF OREECHOBEE DO -Ty nO WA..SECTIOV 21. 117- RP 37 SWm RANCE J5 EASr OK£O Doff CaWTr RORIOA RBNC YORE PARRORAM.Y DE30ROM AS A LOWS CWUMCE AT THE SCUMBEST L'ORNOP OR MAI P RRL Or UNo RSOR&W M OR ROOK ASZ PACE 1176, PLMUC RECORDS Or cowry ftaRaA AAD AFAR scum 8957'/1' [EST A aw RT NORM R'DIJT-OE-wAr Low c'sw 6M s1MEr, A OSFAMCE OF 285J2 nTr. 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Post Office Drawer 1367 Okeechobee, Florida 34973-1367 Parcel Number: 2-21-37-35-OA00-00006-0000 2-21-37-35-OA00-00006-D000 111111 IIIII IIIiI illll 11111 11111 11111 lilll 11111 11111 I III IIII FILE NUM 2009013473 OR BK 00679 PG 1002 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/033/2009 11:53:14 AM AMT 10.00 RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY M Pinon P9s 1002 - 1003; (2p9s) QUIT CLAIM DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS INDENTURE made the Ir day of November, 2009 by OKEECHOBEE UTILITY AUTHORITY, hereinafter called firstparty, to FRANK ALTOBELLO, as Trustee of the Frank Altob ello Charitable Remainder TrustIII dated April 16, 2003, and MILDRED FRANCES ALTOBELLO, whose post office address is P.O. Box 417, Okeechobee, FL 34973-0417, hereinafter called the second party: (Wherever used hercia the terms "first party" and "seeoad party' include all the partes to (his ios(rumen( and tie heirs, legal rcpm=tnUves and assigns of individuals, and (he suceesson and assigns of wrporafions) WITNESSETH: That the said first party, for and in consideration of ONE DOLLAR and other valuable consideration, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following,described lot, piece or parcel of land, situatc, lying and being in Okeechobee County, Florida, viz: KIN TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PIAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITYOF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53158" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6 TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; Book679/Page1002 CFN#2009013478 Page 1 of 2 THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°04'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 1m STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11-11-52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGIIIz", CONTAINR xfo ACRESs iV 2E OR LESS. The purpo0?f this quit -claim Okeechobee Utilitygl�;tthority Water I Addendum ("Stands elop;r's A8 Book 618 at page 1724 ';orc Equivalent Residential Connc�ons property described herein nor shall real property by first party. TO HAVE AND TO H91 belonging or in any wise appertaining of the said fust party, either in law or forever. to release the real property described herein from that certain stewater System Standard Developer's Agreement and First t� dated November 7, 2006 and recorded in Official Records f County Florida, and to confirm that none of the scrvE Ain shall attach to and become a part of the real non -ad assessments therefor be assessed against said same IN WITNESS WHEREOF, the said 1 authorized officers the day and year first above Signed, sealed and delivered in our resence: itness Si /e/ f¢�QQjt& Witness Signature Printed Name::]L—f) 0-- n m o S STATE OF FLORIDA COUNTY OF OKEECHOBEE all and singular the appurtenances there unto tl est, lien, equity and claim whatsoever „ _t and behalf of the said second party to be executed by its duly 100 SW 5t° Avenue Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this /744 day of N ember, 2009 by FRANK IRBY the chairman of the OKE)ECHOBEE UTILITY AUTHORITY; he [personally known to me or ( I produced NIA as identification. VA MIME - • LYNETTE MARIE LOWE Notary PubOc - State of FlWda My Commission Eeprea Sap 2, 2011 "oE Commis" 0 Do 690650 Bonded TMoigh NabDnd Notary Atn, Book679/Page1003 CFN#2009013478 Page 2 of 2 -t;L The Emerald Greens Apartments .Q�'-0� ! � ti., 9 � q�k�.' �� P �, nts• ru °"n+�s I ti!�` �?��p,�� r �, ' f nor ��,y�' •� • �, � ;� � ; Fad�,.L iii' lmr_�:�-1R.�. g.,. Of. �"T1. `C� �' �Jv•�', 16 id-.• - M �1/�� I' r ria `` V. cat :C\' 4 'RCfii� 1 ' .' �' .�� ' l . • � 'PR . Roti �y.y'`.�.,yy1� � ,f��t'°�1. '�• #�?aie. •. : •'s �;�' 'JZ.��y16:', �_ ? j'�;:' `P y��{ wry _ i 1?... '®qr• ?` ..a, ` .�`'" _ .c, �•ttm`� � � :� L( ,� 8-, . _ � 1 -�� "f1Y gyp' . � �I�' i,: P' rr OL FJ y 'r , ' t; R lbs �A �#" • fi ra+e � 3p VUBJECT,PARCEL -� � - It?�i. •,t,.. 1>.. �prs,; 3 . `^r'�f' * ,,IOF_ .'�.• "� 1. � ,Rt •'-,+ .- Y 'ic rn,� t ��R,,��"p"�'�'r�a�^ pma�`•" , •W .•r 1' � e�a�. � � � ,u'�: � ic�. � 4 � � y" gra Ai u.C�..,yggSUBJECT+PARCEL A aA ,js• rrtr.�k�. 'F � k � � �� • � ,` � r �k _ ,�'��s tri ° � � � , .Mv, ms's"'•''. ¢ �k*r'.:� `r",1R _ j. 0�7, . .�,-_--... I" x. Rt � ' iwi,6 4 'tr 517 ' A Igo r " pk ,Q �."�iT+�{ �4.r �k i ... r id% �c, [- • `�. �I c � a'cr>nr.nc.__.•_. � r �'r'� ?. T + .� 4 � .®i ria — 11OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE vE nEOEfKE�WF9,� 5N,66[9Q.S6[rtY i00. NROR90R ouuGq,tl Cart4RrD.KAEOxs Future Land Use Amendment Traffic Analysis Okeechobee Multi -Family City Okeechobee, FL Prepared for: Reuven Rogatinsky 5230 North 31St Place Hollywood, Florida Prepared by: 4acKenzie Engineering & Planning, Inc. 1172 SW 30th Street, Suite 500 Palm City, FL 34990 (772)286-8030 184001 August 2019 © MacKenzie Engineering and Planning, Inc. CA 29013 `wll 11ceMsek°'��i ,, Digitally signed �r� @ *i No. 617 1= by Shaun G MacKenzie i fav\ Date: ° 2019.08.01 14:08:01 -04'00' Shaun G. MacKenzie P.E. PE Number 61751 o-acKenzie Engineering & Planning, Inc. EXECUTIVE SUMMARY MacKenzie Engineering and Planning, Inc. (MEP) was retained to evaluate the changes in the Future Land Use for the development located at Southwest 6ch Street, Okeechobee, FL (PCN: 2-21-37-35-OA00-00006-0000). The subject parcel encompasses 9.12 acres, the applicant proposes to change the future land use from Single Family to Multi -Family. Future Land Use —Maximum Net Increase in External Triys The future land use amendment trip generation resulting change is 206 daily, 11 AM peak hour (2 in/9 out), and 11 PM peak hour (7 in/4 out). The project satisfies the Public Facilities Impacts Large Scale Amendment within the City of Okeechobee's Comprehensive Plan. 184001 Pagei o,; tacKenzie Engineering & Planning, Inc. TABLE OF CONTENTS EXECUTIVESUMMARY................................................................................................. i TABLEOF CONTENTS....................................................................................................ii LISTOF FIGURES............................................................................................................ii LISTOF TABLES.............................................................................................................. ii INTRODUCTION.............................................................................................................. 1 CURRENTDATA..............................................................................................................2 FUTURE LAND USE CHANGE ANALYSIS.................................................................. 2 TRIPGENERATION......................................................................................................... 2 ExistingFuture Land Use........................................................................................... 2 Proposed Future Land Use..........................................................................................2 NetImpact................................................................................................................... 3 CONCLUSION................................................................................................................... 4 APPENDICES.................................................................................................................... 5 LIST OF FIGURES Figure1. Site Location Map..............................................................................................1 LIST OF TABLES Table 1. Proposed Land Use Change.................................................................................1 Table 2. Future Land Use Trip Generation........................................................................ 3 184001 Page h eaacKenzie Engineering & Planning, Inc. INTRODUCTION A future land use amendment is proposed on 9.12 acres located at Southwest 6`h Street, Okeechobee, FL (PCN: 2-21-37-35-OA00-00006-0000). The amendment proposes to change the future land use (FLU) from Single Family to Multi -Family. The property details and proposed changes are shown below in Table 1. Figure 1 illustrates the general site location. Table 1. Proposed Land Use Change Parcel ID Parcel Size Existing Future Land Use Proposed Land Use 2-21-37-35-OA00-00006-0000 9.12 Acres Single Family Multi -Family The FLU amendment traffic analysis will examine the impacts of changing 9.12 acres of Single Family to Multi -Family land use. The proceeding analysis will examine the ability of the existing roadway network to accommodate the increased demand and the future roadway network to accommodate the increased demand. Figure 1. Site Location Map ... .... ... »., •.•V NW 41h St tom, Std St Drivers License Office Y NW 2nd St Eli's,Western Wear 4�i NW pnr k.$t �g u SW Park St I2nd St 3 SW 2ndS s 16 m SW 4th St SW 51h St SW 601 St N ath Q V 9th st SW L oth 51 184001 t/E 4199 Sl `� Bank of America m 3 �' Financial Center c viboys BB(As Walgreens'�':,� McDonald's N chrobee 4 4App LT, A Wendy's 19 A 2nd St > n Y SE 21td St D K A O O rl m rt+ SE 3rd se < 4th SW 41a St SE 41h StSE n SE 5th SE 5th S1 r - ii � SE 61h St SE 6th St A Golden Corral { SE 7th St Buffet &.Grill SE71hSt SE 8th St a 5E ash St, Okeechobee Music Q 1.f SE 10th St i SW 19th St !.t` ,y', SE 19th St Page 1 e-VacKenzie Engineering & Planning, Inc. CURRENT DATA The information contained below was used to develop the foregoing future land use traffic analysis. • Trip Generation, 10`h Edition (ITE report) • Comprehensive Plan FUTURE LAND USE CHANGE ANALYSIS TRIP GENERATION Existing Future Land Use The existing FLU for the proposed property is 9.12 acres of Single Family. The maximum density of the FLU Single Family has a maximum density of 5 units per acre, which would yield a total of 46 units. calculated as follows: Single Family: 9.12 Acres x 5 Units/Acre = 46 DU The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10 Edition) and use Land -Use 210 (Single Family Detached). The existing FLU has a trip generation potential of 509 daily, 37 AM peak hour (9 in/28 out), and 48 PM peak hour (30 in/18 out) trips. Proposed Future Land Use The proposed Multi -Family FLU is 9.12 acres has a maximum density of 11 units per acre, for a total of 100 units according to the City's Comprehensive Plan, calculated as follows: Multi -Family: 9.12 Acres x 11 Units/Acre = 100 DU The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10 Edition) and use Land -Use 220 (Multi -Family Housing Low -Rise). The proposed FLU has a trip generation potential of 715 daily, 48 AM peak hour (11 in/37 out), and 59 PM peak hour (37 in/22 out) trips. 184001 Page 2 e_VacKenzie Engineering & Planning, Inc. Net Impact The difference between the maximum trip generation potential of the existing future land use and the proposed future land use was examined to determine the maximum (worst case/conservative) impact to the existing and future roadway network. Table 2 displays the resulting trip generation. The resulting change is 206 daily, 11 AM peak hour (2 in/9 out), and 11 PM peak hour (7 in/4 out). The net impact of the change is small, fewer than 20 peak hour trips. This impact is even smaller when considering the dispersion of trips to the north, south, east, west. The result is an insignificant increase of two to three peak hour trips on the surrounding roadways. Table 2. Future Land Use Trip Generation EXHIBIT lA Okeechobee Multi -Family Future Land Use Trip Generation Land Use Intensity Daily AM Peak Hour PM Peak Hour Tris Total In Out Total In Out Existim Site Traffic Single Family Detached 46 DU 509 37 9 28 48 30 18 509 37 9 28 48 30 18 Subtotal PM/DAILY NET EXISTING TRIPS 509 37 9 28 48 30 18 Total Existing Driveway Volumes 509 37 9 28 48 30 18 Proposed Site Traffic �71548 Multifamily Housing(Low-Rise) 100 DU 11 37 59 37 22 715 48 11 37 59 37 22 Subtotal PM/DAILY NET PROPOSED TRIPS 715 48 11 37 59 37 22 Total Proposed Driveway Volumes 715 48 11 37 59 37 22 NET CHANGE IN TRIPS (FOR THE PURPOSES OF CONCURRENCY) 206 11 2 9 11 7 4 NET CHANGE IN DRIVEWAY VOLUMES 206 11 2 9 11 74 Note: Trip generation was calculated using the following data: Pass -by AM Peak Hour PM Peak Hour Land Use ITE Code Unit Daily Rate Rate inlout Rate in/out Equation Multifamily Ln(T) = 0.95 Ln(X) + Ln(T)=0.89Ln(X)+- 220 DU T = 7.56 (X) + 40.86 0% 23(77 63/37 Housing(Low-Rise) -0.51 0.02 Single Family Ln(T)=0.96Ln(X)+ 210 DU Ln(T) = 0.92 Ln(X) + 2.71 0% 25175 T=0.71(X)+4.8 63/37 Detached 0.2 s: jobs - share drivel184 - reugatinsky1001 - okeechobee multifamilyl[okeechobee multifamily traffic 7-29-2019.x1sx]tgen prop (flu) Copyright ©2019, MacKenzie Engineering and Planning, Inc. 184001 Page 3 f acKenzie Engineering & Planning, Inc. CONCLUSION MacKenzie Engineering and Planning, Inc. (MEP) was retained to evaluate the changes in the Future Land Use for the development located at Southwest 6t" Street, Okeechobee, FL (PCN: 2-21- 37-35-OA00-00006-0000). The subject parcel encompasses 9.12 acres, the applicant proposes to change the future land use from Single Family to Multi -Family. Future Land Use — Maximum Net Increase in External Trips The future land use amendment trip generation resulting change is 206 daily, 11 AM peak hour (2 in/9 out), and 11 PM peak hour (7 in/4 out). The project satisfies the Public Facilities Impacts Large Scale Amendment within the City of Okeechobee's Comprehensive Plan. 184001 Page 4 Single -Family Detached Housing (21 a) Vehicle Trip Ends vs: Dwelling Units On a: Weekday SettinglLocation: General Urban/Suburban Nnber of Studies: 159 A64g. Num. of Dwelling limits: 264 DireclJorud Distribution: 50% entering, 50% exiling Vehicle Trip Generation per Dweill Unit Average Rate Range of Rates Standard Deviation 9.44 4-81-19.39 2.10 Data Plot and Equation 20.M 15,CC 5,00 x X= Number of Dwelling Units x studysite FkMd Curve - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.92 LnIX) * LTI RI= 0.95 2 Trip Generation Manual 101h Edition - Volume 2: Dole - Residential (Land Uses 2DO-299) RW Single -Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.in SettingiLocation: General UrbaniSuburban Number of S. tudiles., 173 Aug. Num. of Dwelling Units- 219 Directional Distribution - 250A entering, 75% exiting Vehicle Trip Generation per Dwelling Unit Average Rale Range of Rates Standard Deviation 0J4 0.33-2-27 0.27 Data Plot and Frmatinn M= Trip Generation Manual 10th Edition - Vaturne 2: Data - Residential (Land Utes 200-299I 3 Single -Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m Setting/Location: General Urban/Suburban t+it.rtlber of Studies: 190 Aug. Mum- sof Dwelling Lkft: : 242 Directional Distribution: 63% entering, 37% exibng Vehicle Trip Generationper Dwelling Unit -- Average Rate Range of Rates 0.99 0.44.2.98 Data Plat and Equation Standard Deviation 11 0.31 4 Trip Generation ManuaF 10th Edition • Volume 2: Data + Residential { Land Us:s2C,3-299:1 Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday SettinglLocatlon: General Urban/Suburban Number of Shxiies: 29 Avg. Num. of Dwelling Urlils: 168 Directional Distribution: 5W16 entering, %% exiting Vehicle Trip Generation er Dwelling Unit__ _ i Average Rate Range of Rates Standard Deviation 7.32 4.45-10.97 1.31 Data Plot and Equation 5,C00 x rrr d C00 r r rr rr r r � rr W 3,Co0 r r'x a r' r. u F- 2,C00 x x x x x 1,000 X 00 -- 100 2C0 300 400 500 6057 X= Number of Dwelling Unita X Study S Re - Filled Curve - - - - Average Rate Fitted Curve Equation. T = 7.56(X) - 40.66 R'= 0.96 KW Trip Generation Manual 10th Edition • Volume 2 Data • Residential (Land Uses 200-299) 31 Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 aLm SettinglLocatlon: General Urban/Suburban Mmber of Studies: 42 Aug. Wm_ of Dwelling Units: 199 Direc4onal Disbibution: 23% entering, 77% exiling Vehicle Trip Generation per Dwelling Unit Average Rale Range d Rafts Standard Deviation 0.46 o.ia - 0.74 0.12 Data Plot and Equation W M X x X x X X X x 100 X X x x Xx )yx x x x x 200 400 am X= Number of Dwelling Units X StudySite - - Filled Curve - - - - Average Rate Fitted Curve Equation: Ln(T) - 0.95 Ln(X) .0.51 Ft%. 0.90 32 Trip GeneraWn Manual 101h Edibon - Volume 2: Date - Residwdial (Land Uses 2DD-299) NEW Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 pm Settingli-ocation: General Urban/Suburban Number of Studies: 50 Avg- Num. of Dwelling Units: 187 DireeboriM Distribution: 63%entering, 37%+ orig Vehicle TripGeneration e! I n . Unit tl.onp Average Rate Range of Rates Standard Deviation 0'56 0.1191 - 1.25 0.16 Data Plot and Equation Wo 40 2. 300 200 100 x �14- X_ &'� X x x xx X XX x x X= Number of Dwelling Units X Study Site Rtted Curve - - - - Average Rate Rtted Cum Equation: LnIT) = 0.99 Ln(X) - 0.02 RR= 0.56 W Trip Generation Manual 10th Edition - Volume 2: Data - Residential (Land Uses 200-299) 33 7/30/2019 Okeechobee County Property Appraiser Okeechobee County Property Appraiser 2018 Certified Values Mickey L. Bandi updated: 7/25/2019 Parcel: « 2-21-37-35-OA00-00006-0000 » Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 Sales Owner &Propert y Info ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. Owner C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE $1,846 AN UNPLATTED PARCEL OF LAND, SHOWN AS $0 Building (o) THE RAILROAD GROUNDS, LYING WITHIN THE XFOB (o) PLAT OF THE CITY OF OKEECHOBEE, AS Description* RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC $116,944 Just RECORDS OF OKEECHOBEE COUNTY, FLORIDA, Class SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 $1,846 EAST, OKEECHOBEE COUNTY, ...more»> Area 9.12 AC JSMR 21-37-35 Use Code** IMP PASTUR (006180) ITax District 150 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. **The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values Book/Page 2017 Certified Values 2018 Certified Values Mkt Land (o) $0 Mkt Land (o) $0 Ag Land (2) $1,753 Ag Land (2) $1,846 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) $0 Just $116,944 Just $117,017 Class $1,753 Class $1,846 Appraised $1,753 Appraised $1,846 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $1,753 Assessed $1,846 Exempt $0 Exempt $0 county:$1,753 county:$1,846 Total city:$1,753 Total city:$1,846 Taxable other:$1,753 Taxable other:$1,846 school:$1,753 school:$1,846 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. Sales History Sale Date 11/17/2009 11/4/2009 12/28/2006 4/16/2003 z r! w - T-l—..a_s.. • ..ate __.� • l..,da r� 10 Sale Price Book/Page Deed I V/1 Quality (Codes) RCode $100 679/1002 QC V U 11 $100 679/1952 QC V U 11 $775,200 620/1933 WD V Q $01 500/0754 WD V U 03 4/16/2003 $01 500/0751 WD V U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Blt I Base SF Actual SF Bldg Value NONE ®► Extra Features & Out Buildings (Codes) g4b.okeechobeepa.com/gis/ 1/2 7/30/2019 Okeechobee County Property Appraiser Code Desc Year Blt Value ( Units Dims I Condition (% Good) NONE © Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 by: GrizzlyLogic.com g4b.okeechobeepa.com/gis/ 2/2 City W t 46 47 52' 51 50 BS 69 70 t 77 75 74 89 17 6 716 . . . . . . . . . . . . . . .. . . . . . . . . . . . ... .......... ............. 23Jo ;��' �, 17 26 2 : 7 29 '■ �2 ., ° ... ............. •,.... ............. ' 3 ..w.42........41® ........ 4D 39 38...,, .+�',"` 14 . ... ...... . 12' 415 13.... :67, 66 - - 6564 3: E 62: 61: 60 .59 4 56: :55: :54: .53: 18 68 W ...... B9 a 10 :71 .74'.74 A 81 82 ,,,,{�...,. .'YW20s» ......... ...... 8 • 97 96 95 "ils 84 ... ........ 1 102 '103 104. �0� ■ 111 v ■ 114 115 . .......... . .............. ...... ... ... 127 ... ...... .... 125 . ...... .......... .. 131. 129 :128 130 "Mims 23 26 25 134 135 E . -. I I ...... .......... ...... 0 A �So�jj 0 0 ■OMEM a1§15 F L A G L E R 2122 p A A. IC ......... 4 . .......... �ii. ��■252 w. of Okeechobee Future Land Use O O 6 :178 1 OEM 05 5 264 252 E 252 G- B- 2 1 I A •' D'_E1 .2. 6 7 7 8 .179 18 f 66" ■ A M 208. 209. B/' A ...... .... .... ...... 6 4 D -1- q 9, 8 j� 7 E IF 4 5 6 3 4 6 G- B- 2 1 I A 10 9 D'_E1 .2. 6 7 2 B 5 4 3 9 8 3 2 1 2 1 4 4 5 6 3 4 6 G- B- A I A 10 9 D'_E1 .2. F 2 B 3 1 3 C 4 6 4 D -1- q 9, 8 j� 7 E 10 -- ll j 12 4 3 2 1 5 5 6 7 8 12 11 10 9 1 13 14 15 16 A 18 17 22 zt 6 7 23 8 B I'A 4 10 ,..�13•rt.. ,.. 262 18 19 .120r,r€ 22 21 ,:d•.,.,Y3••5 2: s 1 C • ..5� .. •6.. 7: 2 1 WE LAND USE CLASSIFICATIONS lot -line SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT ---�� RAILROAD CENTERLINE ------- HOPKINS MEANDER LINE UNINCORPORATED 1Qo i ;189 8 s iii, 215 21, 6 : .7. .8 !e I H 12 192 " 193 , ..194 a 195 218. :12' :11: € :10' :9 :C J 14 13 'H. ', �. •;; I ;13; Y:14• •15• 16'D!• Q 5 16 15 " 1 236• g ., ,.. L,,.n.. .►�„. ... 5` �' S.m.,• •, l9 250 :242 i 241, ..240e .239X' !� Y..m, • .. .... A 6 249 :243 • 244 2458 • 4 : 5: 4 F ........ 5 , .241 *.�; r . : , 6..... :12, :I314 •f. 9 �.F .. I• 238 � �.:� _-_-__ 2 ;21 D 25 �! :19Y 18•• 6 H H� Y $ 9' 8 7 ° ......... . 12 u33 10 =r.�La,n eA.rraa�.. 22',23•. .24 12 :47�g 15637 ".27 . :36: €H 1:43: .4d 2& :4e -4-3- -31 38 Y ,39: 'Sat '38:: 36 :42: -- 37 44 3 :45 2 3 2 1 3 On February 19, 2019 changes were made to the Official Comprehensive PWn Future Land Use Map. Land Use Changes thru 0 Petition #19 -001 -AC. Ord #1180 re reflected herein. City of Okeechobee, FL Gly Clerk: Lana Gamiolea 4 5 6 g Y $ 9' 8 7 ° I • � 10 =r.�La,n eA.rraa�.. 11 12 0.125 0.25 005 0.75 General Notes: Alleys shown hereon are 15 or 20 feet in width. See appropriate subdivision plat for specific alley widths. This map has been compiled from the most current data available. The City of Okeechobee is not responsible for any errors or omissions contained herein. May 31, 2019 Steven L. Dobbs, P.E. President SLD Engineering RE: Waste Management, Okeechobee Landfill Capacity Mr. Dobbs, OKEECHOBEE LANDFILL, INC. 10806 N.E. 128° Avenue Okeechobee. FL 34972 (863) 357-0874 The most recent Okeechobee Landfill Volume report calculated a total of 182,855,130 cubic yards of permitted remaining capacity. The calculations are based on an aerial survey of the active portion of the facility dated January 2, 219 and a historic survey of the undeveloped portion of the facility dated December 27, 2010. At the present waste intake 1,800,000 cyds/yr., we calculated an overall life of site of over 100 years. At an estimated 4.48 lbs MSW/day/person, (EPA 2015), the estimated impact from the development would be less than 600 cyds per year. Waste Management, Okeechobee Landfill can easily meet the demand of the proposed development for the next 100 years. If you have any questions or concerns, feel free to contact us. Regards, Charles Orcutt, P.E. Market Area Engineer Waste Management, Inc. of Florida 863-824-4010 f t1CC6y)wr,7wr,, C: Io OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 June 6, 2019 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Ref: Water Capacity Request Parcel ID No.: 2-21-37-35-OA00-00006-0000 2-21-37-35-OA00-00006-D000 Site Address: t 900 Block SW 6th Street Okeechobee, FL 34974 Dear Mr. Dobbs: (863) 763-9460 FAX: (863) 467-4335 In reference to a request for the availability of water capacity to the subject property, I submit the following information for your use in meeting the potable water demand requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from April 2018 to March 2019, the maximum daily flow was 3.89 MGD, or about 65% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863-763-9460. Sincerely, 62h n F. H d, E. Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 June 6, 2019 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Ref: Wastewater Capacity Request Parcel ID No.: 2-21-37-35-OA00-00006-0000 2-21-37-35-OA00-00006-D000 Site Address: t 900 Block SW 6th Street Okeechobee, FL 34974 Dear Mr. Dobbs: ,�2 . 1 (863) 763-9460 FAX: (863) 467-4335 In reference to a request for the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.0 MGD. During the twelve month period from May 2018 to April 2019, the annual average daily demand was 0.916 MGD, or about 31% of the current 3.0 MGD treatment capacity. The OUA does provide wastewater service to the subject property. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owner's expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, r yfor , P.E. Executiv ' ctor superintendent Ken Kenworthy School District of Okeechobee County =' 863-462-5000 700 S.W. Second Avenue Fax 863-462-5151 Okeecliobee, Florida 34974 June 19, 2019 Steven L. Dobbs Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Job No.: 2018-006 Chnirperson Jill Holcomb Vice Chairperson Amanda Riedel Members Joe Arnold Melisa Jahner Malissa Morgan Subject: Frank Altobello Charitable Remainder Trust 1II, Land Use Change of 19.0 acres located in Section 21, Township 37S, and Range 35E. Parcel ID 2-21-37-35-OA00-00006-0000 and 2-21-37- 35-OA00-00006-D000 Steve, We appreciate you providing the district information regarding the possible development of property near Central Elementary School. It is our understanding that the proposed subdivision, consisting of approximately 190 two bedroom apartments, could possibly generate between 42 and 60 students using neighboring county estimates. Please allow this letter to serve as confirmation that Okeechobee County Schools has sufficient capacity to serve the students generated as a result of this proposed development. If we can be of any further assistance, please reach out to us. Sincerely, Ken Kenworthy Superintendent of Schools Achieving Excellence: Rutting Students Firstl nuw+.� rc.sususi ACCREDITED AdvanCEU' Frank Altobello Charitable Remainder Trus 1:7,218 0 0.05 0.1 0.2 mi 0 0.075 0.15 0.3 km May 28, 2019 Wetlands Freshwater Emergent Wetland Q Lake E] Estuarine and Marine Deepwater R Freshwater Forested/Shrub Wetland Other F] Estuarine and Marine Wetland F—] Freshwater Pond ❑ Riverine This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site, National Wetlands Inventory (NWI) This page was produced by the NWI mapper 27° 14'23'N 27° 14'16"N a Soil Map—Okeechobee County, Florida 3 (Emerald Greens Comp Plan Soils) 515720 515750 515780 515810 515940 515070 515900 i Map Scale: 1:1,460 if printed on A landscape (11" x 8.5") shec Meters N 0 20 40 80 120 A 0 0 50 100 200 300 Map projection: Web Mercator Caner coordinates: WGS84 Edge ties: UIM Zone 17N WGS84 USDA Natural Resources Web Soil Survey i Conservation Service National Cooperative Soil Survey 515930 51M 515090 516020 3 R 7/24/2019 Page 1 of 3 27° 14'23' N 2/N 14'16"N Soil Map—Okeechobee County, Florida (Emerald Greens Comp Plan Soils) MAP LEGEND MAP INFORMATION Area of Interest (AOI) — Spoil Area The soil surveys that comprise your AOI were mapped at Area of Interest (AOI) Stony Spot 1:24,000. Soils Very Stony Spot Warning: Soil Map may not be valid at this scale. I� Soil Map Unit Polygons Wet Spot Enlargement of maps beyond the scale of mapping 9 P Y PP 9 can cause e Soil Map Unit Lines misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of El Soil Map Unit Points contrasting soils that could have been shown at a more detailed Special Line Features scale. Special Point Features Blowout Water Features Streams and Canals Please rely on the bar scale on each map sheet for map Borrow Pit measurements. Transportation Clay Spot Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Closed Depression Interstate Highways Coordinate System: Web Mercator (EPSG:3857) Gravel Pit US Routes Maps from the Web Soil Survey are based on the Web Mercator Gravelly Spot Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Landfill Local Roads Albers equal-area conic projection, should be used if more Lava Flow accurate calculations of distance or area are required. Background Marsh or swamp Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Mine or Quarry Soil Survey Area: Okeechobee County, Florida Miscellaneous Water Survey Area Data: Version 15, Sep 17, 2018 0 Perennial Water Soil map units are labeled (as space allows) for map scales Rock Outcrop 1:50,000 or larger. +' Saline Spot Date(s) aerial images were photographed: Mar 20, 2015—Mar 21, 2015 Sandy Spot The orthophoto or other base map on which the soil lines were — Severely Eroded Spot compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor Sinkhole shifting of map unit boundaries may be evident. Slide or Slip Sodic Spot USDA Natural Resources Web Soil Survey 7/24/2019 6" Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Okeechobee County, Florida Map Unit Legend ..Map Unlit,. Y Y. Map Unk Name 7 Floridana, Riviera, and Placid soils, depressional 14 Myakka fine sand, 0 to 2 percent slopes Totals for Area of Interest Emerald Greens Comp Plan Soils USDA Natural Resources Web Soil Survey 7/24/2019 Wiffm Conservation Service National Cooperative Soil Survey Page 3 of 3 National Flood Hazard Layer FIRMette FEMA Legend .4 1 IN ®1 r ' a ,,weiw. st fw. AMtA'Ur MIIVIMALRI-LI(9uu HA'LAKU '§ !ri ' '" z0f ex T T3 7S R3 5E X21' • � ,. i AIL V. aY` lilig"' ra - kob ' •�j. a:. USGS The Nafional'tb1'ap: Orthoimageiy. Data refreshed April, 2019 Feet 1:6.000 27-14-5.42°f 0 250 500 1,000 1,500 2,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) !uno A. V. A99 SPECIAL FLOOD With BFE or Depth zooc AE. AO. All. VE. All HAZARD AREAS Regulatory Floodway )THER AREAS OF FLOOD HAZARD 0.2% Annual Chance Flood Hazard, Areas of 1%annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Future Conditions 1% Annual Chance Flood Hazard zu_ x Area with Reduced Flood Risk due to Levee. See Notes. z-,: x Area with Flood Risk due to Leveezo„o 0 O SCREEN Area of Minimal Flood Hazard z. -A —f Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard z„- o GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES I I I I I I I Levee, Dike, or Floodwall G20'z Cross Sections with 1% Annual Chance 17•5 Water Surface Elevation (�- - - Coastal Transect ...-.-yu..... Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature DigitalData Available N No Dlgital Data Available �I MAP PANELS Unmapped U The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard Information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 5/26/2019 at 9:12:18 AM and does riot reflect changes or amendments subsequent to this date and time. The NFHL and effective Information may change or become superseded by new data over time. This map Image Is void If the one or more of the following map elements do not appear. basemap Imagery, flood zone labels, legend, scale bar, map creation date, community Identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernlzed areas cannot be used for regulatory purposes. City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OA00-00006-D000 Name of Applicant: REUVENROGATINSKY Home Telephone: Work: Cell: 954-536-6081 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 31 DAY OF S01w 20 0 OWNER -� WITNESS le OWNER / WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 31 sT ay of SIJ 1. X20 Nota Public: SEAL C. MICHAEL BAGGUTT Notary MY COMMISSION R GOI 11153 Commission Expires: �— Y- / �.,,, gEs:3une04,2021 (Rev 9/2017) Page 5 of I I City of Okeechobee 55 SE 3'� Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTnRNF.V Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OA00-00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions maybe place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS VPEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAYOF " 3 20 Ka - L4. e L '-, re. t -n 6C 1% LC . —Ak�ja OWNER WITNESS OWNER WITH SS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and th t f hey executed the power of attorney for the purpose stated therein. Sworn and subscribed this J)day of / 20�. Notary Public: ASEAL Commission Expir : / Y Wary Public $toe Ot Florida Denise Ann Dunlap My Commiss GG 189147 ExWes 12/15/2021 (Rev 9/2017; Page 5 of I 1 THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B AGREEMENT DATED .q ;,� aK TAXPAYER IDENTIFICATION NUMBER: 2C,-G302,R�;L9 him. FRANK ALTOBELLO expressly reserves the power, exercisable by Will, to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. If FRANK ALTOBELLO exercises such power, no payments shall be made hereunder to the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003. Instead, payment of the balance of the Trust's assets, including any amounts that have accrued since the last payment to FRANK ALTOBELLO, shall be made pursuant to Article III herein. B. Definition of Unitrust Amount. The Unitrust Amount shall be an amount equal to the following: 1. Unitrust Amount Before Effective Conversion Date. Until the first to occur of the expiration of the Trust Term (as defined in Paragraph D. of this Article) and the Effective Conversion Date, as defined in Subparagraph B.2. of this Article, the "Unitrust Amount" shall be an amount equal to the lesser of (a) the Trust income for such taxable year, as defined in Section 643(b) of the Code and the Treasury Regulations thereunder; and (b) seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. If the Trust income for any taxable year exceeds the amount determined under Subparagraph B. L(b) of this Article, the Unitrust Amount for such taxable year shall also include such excess income to the extent that the aggregate of the amounts paid to the Recipient in prior years is less than seven percent (7%) of the aggregate net fair market value of the Trust assets for such years ("Makeup of Short -Fall Amounts"). 2. Unitrust Amount On or After Effective Conversion Date. At the beginning of the first taxable year following the year in which occurs the Triggering Event, as described in Subparagraph B.3. of this Article, the Unitrust Amount shall be computed under the fixed percentage method. Commencing with the first day of the taxable year following the year in which occurs the Triggering Event (the "Effective Conversion Date"), in each taxable year of the Trust until the expiration of the Trust Term, the Unitrust Amount shall be an amount equal to seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. Commencing with the Effective Conversion Date, the Recipient shall forfeit any Makeup of Short -Fall Amounts; however, any makeup of Short -Fall Amounts prior to the Effective Conversion Date are to be satisfied with income realized prior to that date. 3. Triggering Event. The sale or exchange of the real property initially transferred to the Trust and described on Schedule "A" shall be the triggering event. C. Valuation. In computing the net fair market value of the Unitrust assets, there shall be taken into account all assets and liabilities without regard to whether particular items are taken into account in determining the income of the Unitrust. In determining the Unitrust Amount, the trust assets shall be valued as of the time of contribution. All valuations shall be made in accordance with Section 664 of the Code and corresponding Treasury Regulations. D. Trust Term. The "Trust Term" shall begin on the date this Trust is executed and shall expire upon the first to occur of (1) the death of FRANK ALTOBELLO, if (a) FRANK ALTOBELLO survives ETHEL ALTOBELLO and MILDRED FRANCES ALTOBELLO, or (b) FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO, but effectively exercises his testamentary power to terminate the interest of the 2 ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust; and (2) the expiration of the twenty (20) year term beginning with the date of FRANK ALTOBELLO's death, if FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO and does not effectively exercises his testamentary power to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. E. Source and Timing of Payment. The Unitrust Amount shall be paid quarterly on the last business day of each calendar quarter; provided, however, that with regard to the fourth calendar quarter, such Unitrust Amount may be paid within a reasonable time, as that term is defined in Treasury Regulations Section 1.664-3, after the close of the taxable year, if. (i) the entire Unitrust Amount in the hands of the Recipients is characterized only as income from the categories described in Code Sections 664(b)(1), (2) or (3); and/or (ii) the Trust distributes property (other than cash) that it owned at the clpse of the taxable year to pay the Unitrust Amount and the Trustee elects to treat any income generated by the distribution as occurring on the last day of the taxable year in which the Unitrust Amount is due. The Unitrust Amount shall be paid from income and, to the extent income is insufficient, then from principal. Any undistributed income of the Trust in excess of the Unitrust Amount shall be added to principal. If, for any taxable year, the net fair market value of the Trust assets is incorrectly determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the Recipients (in the case of an overvaluation) an amount equal to the difference between the Unitrust Amount properly payable and the Unitrust Amount actually paid. The Unitrust Amount shall be paid in cash, in kind, or partly in each. ARTICLE IV. REMAINDER TO CHARITY Upon the expiration of the Trust Term, the Trustee shall distribute all of the then principal and income of the Trust to the Bishop of the Diocese of Palm Beach, or his successors in office, a "corporation sole," for the use and benefit of Sacred Heart Church of Okeechobee, Florida (hereinafter to be referred to as the "Charitable Organization"). The Bishop of the Diocese of Palm Beach, or his successors in office, shall have the sole discretion in making expenditures of such funds for the Charitable Organization; the priest of the Charitable Organization shall have no discretion with respect to such expenditures. If the Charitable Organization is not in existence at the expiration of the Trust Term or is not an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a) and 2522(a) at the time when any principal or income of the Trust is to be distributed to it, the Trustee shall distribute the balance of the principal and income to one or more organizations then so described as the Trustee shall select in its sole discretion and in such shares as it determines. ARTICLE V. ALLOCATION OF CAPITAL GAIN TO INCOME In calculating the Unitrust Amount for a taxable year that precedes the Effective Conversion Date, the Trustee shall allocate to income the excess, if any, of the proceeds from the 3 sale or exchange of Trust property over its fair market value on the date such property was contributed to the Trust or otherwise acquired by the Trustee. ARTICLE VI. TAXABLE YEAR, PRORATION OF UNITRUST AMOUNT The first taxable year of the Trust shall begin with the date of this Agreement and shall end on December 31, 2003. Subsequent taxable years shall be on a calendar year basis. In determining the Unitrust Amount, the Trustee shall prorate the same on a daily basis for a short taxable year and for the taxable year of the expiration of the Trust Term. ARTICLE VII. ADDITIONAL CONTRIBUTIONS PROHIBITED No contributions may be made to this Trust after the initial contribution has been made. ARTICLE VIII. PROHIBITED TRANSACTIONS Except for the payment of the Unitrust Amount to the Recipients, the Trustee is prohibited from engaging in any act of self-dealing as defined in Code Section 4941(d), from retaining any excess business holdings as defined in Code Section 4943(c) which would subject the Trust to tax under Code Section 4943, from making any investments which would subject the Trust to tax under Code Section 4944, and from making any taxable expenditures as defined in Code Section 4945(d). The Trustee shall make distributions at such time and in such manner as not to subject the Trust to tax under Code Section 4942. ARTICLE IX. TRUSTEE MUST NOT DISQUALIFY TRUST The Trustee is prohibited from exercising any power or discretion granted under any law or this Agreement that would be inconsistent with the qualification of the Trust under Code Sections 664(d)(2) and 664(d)(3) and the corresponding Treasury Regulations. A Trustee who is also a noncharitable beneficiary or the Grantor or a person who is related or subordinate to a noncharitable beneficiary or the Grantor (within the meaning of Code Section 672(c) and the Treasury Regulations thereunder), can value assets other than cash, cash equivalents, or marketable securities, or assets that can be readily sold or exchanged for cash or cash equivalents (within the meaning of Code Section 731(c) and the Treasury Regulations thereunder), only by a current qualified appraisal (as defined in Treasury Regulations Section 1.170A -13(c)(3)), from a qualified appraiser (as defined in Treasury Regulations Section 1.170A -13(c)(5)), to the extent required by the Code or the applicable Treasury Regulations. No other Trustee shall be required to use a current qualified appraisal from a qualified appraiser to value any Trust assets. ARTICLE X. LIMITED POWER OF AMENDMENT The Trust is irrevocable and the Grantor shall have no power to amend it, except that at any time that Grantor is living, the Grantor shall have the power to designate, add or delete charitable organizations listed in the Article herein entitled "REMAINDER TO CHARITY." Notwithstanding the foregoing, each charitable organization so designated or added shall qualify as an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a), and 2522(a). Furthermore, the Trustee shall have the power, acting alone, to amend the Trust in any manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust that meets the requirement of Section 664 of the Code, and that permits a combination of methods for calculating the Unitrust Amount, as provided in Treasury Regulations Section 1.664-3(a)(1)(i)(c). ARTICLE XI. TRUSTEES A. Grantor shall serve as the initial Trustee of the Trust. If Grantor is unable to serve as Trustee for any reason, then WACHOVIA BANK, NATIONAL ASSOCIATION ("WACHOVIA") and FRANK IRBY shall serve as Successor Co -Trustees. Notwithstanding the foregoing, upon the date after the Triggering Event, WACHOVIA shall serve as Co -Trustee with Grantor. If Grantor is unable to serve as Co -Trustee for any reason, then FRANK IRBY shall serve as Co -Trustee with WACHOVIA. If FRANK IRBY is unable to serve as Co -Trustee for any reason, then DAVID PRATT, ESQ. shall serve as Co -Trustee with WACHOVIA. If DAVID PRATT, ESQ. is unable to serve as Co -Trustee for any reason, then TONY YOUNG, ESQ. shall serve as Co -Trustee with C -M. If FRANK IRBY, DAVID PRATT, ESQ. and TONY YOUNG, ESQ. are unable to serve as Co -Trustee for any reason, then WACHOVIA shall serve as sole Trustee. W NC 40A eN 44- B. At any time that Grantor is living, the Grantor shall have the power to remove the Co -Trustee or Successor Trustee. In addition, the Grantor may, but need not, appoint a replacement Successor Trustee or Co -Trustee to the Successor Trustee or Co -Trustee so removed. Any such removal or appointment shall be made in writing delivered to the Trustee so removed or appointed. C. The Trustee may resign at any time by written notice to each beneficiary then eligible to receive payments from the Trust. D. Every successor Trustee shall have all the powers given the originally named Trustee. No successor Trustee shall be personally liable for any act or omission of any predecessor. A successor Trustee may accept the a6count rendered and the property received as a full and complete discharge to the predecessor Trustee without incurring any liability for so doing. E. The term "Trustee" and the pronouns therefor shall mean Trustee or Trustees from time to time qualified and acting and.shall be construed as masculine, feminine or neuter, and in the singular or plural, as the sense requires. The term "Corporate Trustee" shall mean any financial institution or trust company which has trust powers and assets under administration in excess of One Hundred Million Dollars ($100,000,000). 5 F. No Trustee wherever acting shall be required to give bond or surety or be appointed by or account for the administration of any trust to any court. No statute with respect to underproductive property shall apply to any trust under this Agreement. ARTICLE XII. ADMINISTRATIVE PROVISIONS The following provisions shall apply to the Trust under this Agreement: A. Facility of Beneficiary Payments. If income or discretionary amounts of principal become payable to a beneficiary under legal disability or to a beneficiary not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is in the opinion of Trustee, unable properly to manage his or her affairs, then such income or principal shall be paid in such of the following ways as Trustee deems best: (a) to the beneficiary directly or her attorney in fact; (b) to the legally appointed guardian; or (c) by Trustee directly for the beneficiary's benefit. B. Spendthrift Provisions. The interest of a beneficiary in principal or income shall not be subject to the claims of any creditor, any spouse for alimony or support, or others, or to legal process, and may not be voluntarily or involuntarily alienated or encumbered. C. Powers of Trustee. Trustee shall hold, manage, care for and protect the Trust property and shall have the following powers and except to the extent inconsistent herewith, those now or hereafter conferred by law: 1. To invest and reinvest in such properties (real or personal) as Trustee deems advisable including, but not limited to, common and preferred stocks, secured and unsecured obligations, partnership interests, interest in investment trusts, common trust funds, mutual funds, leases, life insurance policies and property that is outside of a Grantor's domicile; 2. To cause any property, real or personal, belonging to the Trust to be held or registered in Trustee's name or in the name of a nominee or in such other form as Trustee deems best without disclosing the Trust relationship; 3. To vote in person or by general or limited proxy, or refrain from voting, any corporate securities for any purpose, except that any security as to which Trustee's possession of voting discretion would subject the issuing company or Trustee to any law, rule or regulation adversely affecting either the company or Trustee's ability to retain or vote company securities, shall be voted as directed by the beneficiary then entitled to receive or have the benefit of the income from the Trust; to exercise or sell any subscription or conversion rights; to consent to and join in or oppose any voting trusts, reorganizations, consolidations, mergers, foreclosures and liquidations and in connection therewith to deposit securities and accept and hold other securities or property received therefor; 4. To lease Trust property for any period of time though commencing in the future or extending beyond the term of the Trust; on 5. To borrow money from any lender, including any Trustee hereunder, extend or renew any existing indebtedness and mortgage or pledge any property in the Trust upon such terms and conditions as Trustee deems appropriate•, 6. To sell at public or private sale, contract to sell, convey, exchange, transfer and otherwise deal with the Trust property, real or personal, and any reinvestment thereof from time to time for such price and upon such terms as Trustee deems appropriate; 7. To employ agents, attorneys and proxies and to delegate to them such powers as Trustee considers desirable and to pay reasonable compensation for their services; 8. To compromise, contest, prosecute or abandon claims in favor of or against the Trust, and to agree to any recision or modification of any contract or agreement; 9. To distribute income and principal in cash or in kind, or partly in each, and to allocate or distribute undivided interests or different assets or disproportionate interests in assets, and to value the Trust property and to sell any part or all thereof in order to make allocation or distribution. The value of property distributed in kind shall be determined as of the date or dates of distribution. No adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for Federal income tax purposes. No action taken by Trustee pursuant to this paragraph shall require the consent of nor be subject to question by the beneficiary; and 10. To perform other acts necessary or appropriate for the proper administration of the Trust, execute and deliver necessary instruments and give full receipts and discharges. D. Limitation on Powers. The provisions of Paragraph C. of this Article shall be subject to the provisions in the Article herein entitled "PROHIBITED TRANSACTIONS" and Grantor's intent to establish a charitable remainder unitrust within the meaning of Rev. Proc. 90-30, Rev. Proc. 90-31 and Code Section 664(d)(2). ARTICLE XIII. INVESTMENT OF TRUST ASSETS Nothing in this Agreement shall be construed to restrict the Trustee from investing the Trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust assets. ARTICLE XIV. GOVERNING LAW This Trust shall be governed by the laws of the State of Florida. 7 ARTICLE XV. DEATH TAXES The Grantor imposes an obligation on Grantor's estate to pay any Federal estate taxes, state death taxes or any other estate, death or inheritance taxes ("Death Taxes") from sources other than this Trust. No Death Taxes with respect to this Trust shall be allocated to or be recoverable from this Trust. This provision may be enforced by any Trustee or charitable organization named herein. ARTICLE XVI. ACCEPTANCE BY TRUSTEE Trustee hereby accepts the Trust herein created. [BALANCE OF PAGE HAS INTENTIONALLY BEEN LEFT BLANK] IN WITNESS WHEREOF, Grantor signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, in the presence of the persons witnessing it at Grantor's request, this . day of Aae.1/ , 2008. RANK ALTOBELLO, Grantor The foregoing was signed, sealed, published, and declared by FRANK ALTOBELLO, the Grantor, to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and signed in our presence and we at the Grantor's request and in the Grantor's presence, and in the presence of each other, hereunto subscribe our names as witnesses on the date last above mentioned. residing at residing at 0 ,9106 A/ f 0 ''/7) Ay' .. IN WITNESS WHEREOF, Grantor and Trustee signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, for purpose of identification, in the presence of the persons witnessing it at Grantor's request, this day of,�L 4yzG - , 2008. ^ NK ALTOBELLO, Grantor State of Florida ) osof-c ,em— ) ss. County ofd -Beach ) We have been sworn by the officer signing below, and declare to that officer on our oaths that the Grantor declared the instrument to be the Grantor's CHARITABLE REMAINDER TRUST III -B and signed it in our presence and that we each signed the instrument as a witness in the presence of the Grantor and of each other. II residing at residing at a'3G ,!'',wz•L ACKNOWLEDGED AND SUBSCRIBED, BEFORE ME by FRANK ALTOBELLO, Grantor, who [ �J 1s personally known to me, OR [ ] has produced as identification; AND SWORN TO AND SUBSCRIBED BEFORE ME by the Witnesses: ,A M9S P 101 VWY'1Uj'1, witness, who [ his personally known to me, OR [ ] has produced as identification; AND witness, who [s personally known to me, OR [ ] has produced as identification; and subscribed by me in the presence of the Grantor and the subscribing witnesses, all on 2006. allotary Publi / Print Name: -)U60 0%%J111111101/t/�/i My Commission Expires: .�``g� s l t`14,�s�,��y eOber 16 o� 4. ao N 10 s �: #[)D 567035 : Q� �J99� �� ,,OVed de �;.,��90:�� \\\\\\ FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B SCHEDULE A Real Property legally described as follows: (See attached Schedule `B" for complete legal description) Date: ti WiNK ALTOBELLO, Trustee 8/5/2019 LLS FARG Wachovia Is Now Wells Fargo Wachovia Is Now Wells Fargo - Wells Fargo Founded in Winston-Salem, N.C. as Wachovia National Bank on June 16, 1879, Wachovia grew to be one of the largest diversified financial services companies in the United States. It traded on the New York Stock Exchange under the symbol WB. Wachovia provided a broad range of retail banking and brokerage, asset and wealth management, and corporate and investment banking products and services to customers through 3,300 retail financial centers in 21 states, along with nationwide retail brokerage, mortgage lending, and auto finance businesses. Globally, Wachovia served clients in corporate and institutional sectors and through more than 40 international offices. Wachovia is acquired WTACUOVIA In 2008, Wells Fargo & Company acquired Wachovia Corporation to create North America's most extensive distribution system for financial services, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance through approximately 5,400 branches, more than 13,000 ATMs, the internet (wellsfargo.com), and other distribution channels across North America and internationally. The integration of Wachovia and Wells Fargo is complete, and all Wachovia accounts have been moved to Wells Fargo. Need help? If you are a customer and want to access your accounts online, please go to wellsfargo.com. If you have questions, please call us at 1 -800 -TO -WELLS (1-800-869-3557). For business accounts, please call 1 -800 -CALL -WELLS (1-800-225-5935). Phone Bankers are available 24 hours a day, 7 days a week. Deposit data as of June 30, 2008 (pro forma for acquisitions; excludes deposits greater than $500 million in a single banking store.) LRC -0619 © 1999 - 2019 Wells Fargo. All rights reserved. NMLSR ID 399801 https://www.welisfargo.com/about/corporate/wachovial III ,Staff Report Small Scale Comprehensive Plan Amendment Prepared for: Applicant. Petition No.: The City of Okeechobee Reuven Rogatinsky 19 -003 -SSA Staff Report Applicant: Rogatinsky Small Scale Comprehensive Plan Amendment Petition No. 19 -003 -SSA General Information Applicant Reuven Rogatinsky Applicant Phone Number 954.536.6081 Applicant Email Address reuvenr1725@gmail.com Owner of Record Frank Altobello Charitable Remainder Trust III Owner Phone Number 863.610.0592 Owner Email Address fmirby@embargmail.com Site Address SW 2nd Street Agent/Contact Person Steven L. Dobbs Contact Phone Number 863.824.7644 Contact Email Address sdobbs@stevedobbsengineering.com Legal Descriptiqn of SubjectProperty Parcel ..- Parcel Identification Numbers: 2-21-37-35-OA00-00006-0000 Legal Description (from property appraiser) AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89053'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, A DISTANCE OF 285.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89053'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING 9.12 ACRES Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 9.12 acre parcel. The parcel is designated Single Family Residential on the Future Land Use Map. The proposal is to change the Future Land Use designation of this property from Single Family Residential to Multi Family Residential with a concurrent rezoning to Residential Multiple Family. The current and proposed Future Land Use designations, zoning, existing use, and L-Kye ptannLng Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA acreage of the subject property and surrounding properties are shown in the following tables and maps. Future Land Use, Zoning and Existing Use Existing Future Land Use Single Family Residential Category Zoning District Holding Use of Property Vacant/Agricultural Acreage 9.12 Proposed Multi Family Residential Residential Multiple Family Apartment Complex 9.12 Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Multi -family Residential Holding Vacant Multi -family Residential Residential Multiple Family Vacant Single Family Residential Holding & Single Family Residential Vacant, Church & Single Family Res Single Family Residential Single Family Residential Church & Single Family Residential LaKk� 2 ;?anning Staff Report Small Scale Comprehensive Plan Amendment General Analysis and Staff Comments A Qualification for Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA Based on the size of the property (9.12 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Single -Family Residential The property is vacant. The maximum standard density allowable in the Single - Family Residential Future Land Use Category is four units per acre (five if the units qualify as affordable housing). Maximum development potential would be 45 single- family dwellings. C. Future Development Potential as Multi -Family 1. Future Development Potential The maximum standard density allowable in the multi -family future land use category is ten units per acre. If the units qualify as affordable housing, the maximum allowable density is 11 units per acre. If this amendment is approved, the maximum development potential of this 9.12 acre property will be 100 multi -family dwelling units. 2. Proposed Use The Applicant intends to develop this property as a residential apartment complex. A site plan has been submitted for this property in conjunction with the adjoining 9.89 acre parcel to the north. The currently proposed plan (for the entire 19.01 acres) depicts 191 apartment units, 191 storage units and a 2,500 square foot clubhouse. A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 of the Future Land Use Element states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall encourage infill development and discourage urban sprawl. There are several single family residences adjacent to the subject property, two churches, a childcare facility and vacant single family property. The entirety of the (-aKue pMnnmg Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA north and east property lines are shared with vacant multi -family property. These surrounding uses are compatible with the proposed multi -family use. Additionally, allowing for clustered multi -family development in this area helps to further Future Land Use Objective 12, by encouraging infill development and discouraging urban sprawl. B. Adequacy of Public Facilities The Applicant has included in his submission: • A letter from the Okeechobee Utility Authority indicating that adequate excess capacity is available to accommodate the demand for potable water that would be generated by the proposed development. • A letter from the Okeechobee Utility Authority indicating that service is available and that there is adequate excess capacity to accommodate the demand for wastewater treatment that would be generated by the proposed development. • A letterfrom Waste Management Inc. indicating that there is adequate excess capacity in the landfill to accommodate the proposed development. • A letter from the Okeechobee School District indicating that there is adequate capacity to serve the students generated as a result of this proposed development. Traffic Impacts The applicant has submitted a traffic impact statement that was prepared by Mackenzie Engineering & Planning, Inc., which finds that changing the future land use designation of this property from single family residential to multi -family residential is estimated to increase the potential number of daily vehicle trips by 206, the number of AM peak hour vehicle trips by 11, and PM peak hour vehicle trips by 11. Staff has reviewed this traffic impact statement and agrees with this estimate. Demand for Potable Water and Sewer Treatment The estimated demand for potable water and waste water treatment for one single- family home is 296.4 gallons per day (114 gallons per person per day at an average household size of 2.6). Demand for potable water and waste water treatment for the 45 single-family homes that could be permitted under the current single-family residential future land use designation would amount to about 13,338 gallons per day. The estimated demand for potable water and waste water treatment for one multi- family dwelling unit is 285 gallons per day (114 gallons per person per day at an L,K,l 4 plannil q Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA average household size of 2.5). Demand for potable water and waste water treatment for the 100 multi -family homes that could be permitted under the proposed multi -family residential future land use designation would amount to about 28,500 gallons per day. C. Environmental Impacts The biologist hired by the applicant found a small wetland in the southwest corner of the site. This area should be preserved and a 25 foot wetland buffer should be observed. The property is located within flood zone X, which represents minimal flood risk. The site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Recommendation Based on the foregoing analysis, we find the requested Multi Family Residential Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Concurrency of public services is not negatively affected by this request. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Multi Family Residential on the City's Future Land Use Map. Submitted by: Ben Smith, AICP Sr. Planner, LaRue Planning September 10, 2019 Planning Board Public Hearing: September 19, 2019 City Council Public Hearing: October 15, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use Aerial, Subject Site & Environs Staff Report Small Scale Comprehensive Plan Amendment S.W. PARK ST ' 1 I e 5• 1 2 1 t1 11 fe f6 if to to 2D S.W. 2 NO ST spa 1�2 1 i S.W. 3 RD ST L I. 16'17118 1912D Applicant: Rogatinsky Petition No. 19 -003 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS a wv ,am f%ow u, �,7 201 MWINW13=11 U: S.W. d TH ST _.. ___ 202 I H 16 2 111 •i ••. 16! 171 16, to 30 ;g 1c S.W. 5 TH ST ,e 21D 2- 22 22 2 111 ul 1s! 1e n 1. 1e 2D 23 I 1 at S.W. 6 TH ST Ilojls S s 1 2 1 27 2e T Tii _ m 21 11714! 15r171 141 to 2e 31 W. 7 TH ST i 1 w _ x 1�e 1 6I5 2 '3 i2 76 j�- I s � Subject Property 191 MMOM&I, _ 1 II LAND USE CLASSIFICATIONS Iot_line SINGLE . ;:�-'.'JLY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL i COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT i RAILROAD CENTERLINE HOPKINS MEANDER LINE UNINCORPORATED L•R1" 6 ron'g Staff Report Small Scale Comprehensive Plan Amendment Ll_ n u u u S.W. 2 NO ST T-�- f Ioil ? a Ila�zll , I t to trl,e ro m' S -W. 3 RD ST tr i j o� ', , e ele ala , J I _y /1 a I1�f1 to N Ilf le t! w S.W. 4 TH ST W t ,a �10EI..� 1 6 1:1 Ilai 21 �. JJJ r ;r TH ST 9� H918 1 e S 4 3 21 t i � I J+t a lsl a to to n Ie u'2o S.W. 6 TH ST jw 9 slv e16j/ a l t 71-,A-11 14-1 le[ n1 1-I ,a m �le 9 e, / 1 6 e/ a 12 . ZONING SUBJECT SITE AND ENVIRONS Applicant: Rogatinsky Petition No. 19 -003 -SSA t4a44g LaR�� % Staff Report Small Scale Comprehensive Plan Amendment ILI Applicant: Rogatinsky Petition No. 19 -003 -SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS . ; 7 1 ; 07 rn 4TH ST AL IL SW STH ST* W. 44 40 MAMA a 0, lit • 1P *4 Or tit' ptl� 8 Exhibit 3 9/19/19 City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: 863 763-1686 Date: ':- n-1 C Petition No. J!( ("I"), -J5� Fee Paid: r is ! f7 %= Zl ' J Jurisdiction: HE 0-) 1" Hearing: 2" Hearing: publication Dates: Notices Mailed: _i jt,.• i TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation:_ l,: 0 1-0 me co (a 1 Verified Zoning Designation: 'R S E I Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment NSmall Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 1 01 Date Signature of OwAdr or Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) AddressFL 3`/n 7q' citysW 43� 9�9a I /e3 S�' �5�� State n�n�'bd Telephone Number estree Fax Number Agent* - 2_q 3,) SW 33' c, r ie - Address E -Mail 0110 tr_"DaeCe 1=L 30 7� City State Zip k3 &3V 97q'c)U1esJre� nrcons-�rur� Telephone Number Fax Number -Mail fffll�/'edn =�C1LdX C b Y eq -DesY " nr� Owner(s) of Record 2-43-7 SW 3�r.� G cele Address bee IFL -� City State Zip b 3 Goa (I Telephone Number Fax Number rte ro L nS�y1.c h6f)d) -Mail Imail,eft Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): "The cuX re n4- u.sc i S Cp m FYI-e-j'C4 aQ Cin 6z., A. PROPERTY LOCATION: 1. Site Address: -- ) ..gree — oxeed*obee, 1= L 3072 2. Property ID #(s): 15 - 3-5- 00 (O- C)/ 210 - C)01 D, �-5 -/S cXYo az/�- o04�� 3 - I5- -35-0010 Dl zlv -vo3�r -IS-3s (�vib o1Z1 -colo B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 1 • 0 33 Ac - 2. Total Area included in Request: I - 0 33 fse- a. In each Future Land Use (FLU) Category: a C. (1) (2) (3) (4) Total Uplands:_ Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: V 1 4. Current FLU Category: f� ez Existing Land Use: Van at -n+ Requested FLU Cate o 5;l h CPamit I" ae's I GLLn+l D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) r Number of Units Commercial (sq. ft.) a;? t 5o Industrial (sq. ft.) D SUPPORT!IV. AMENDMENT DOCUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the su�port documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. �J/R 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. ,/3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. ,115. Map showing existing zoning of the subject property and surrounding properties. J6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) -763-i 372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) ✓7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. Traffic Analysis i a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's H and 111 for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the Bonita Springs Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULEi Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each I, 5V1u.n e P-enroCo,certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evalpating the re ues adugh this application. Signature of Owner or Authorized Agent Date Shauxt C. �er� raol Sr. Typed or Printed Name STATE OF E i t]`r x Aa - COUNTY OF The foregoing instrument was certified and subscribed before me this mrva _ day of 29a, by , who is personally known to me or who has produced as identification. Notary Public R<W Printed Name of Notary Commission Expires on: Nalary Public Stale of Florida Gail M Rupe LdyS,ommis M GG 3536W Expires 07110!2023 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 7 of 7 Penrod Properties City of Okeechobee Comp Plan Amendment Support Documentation i A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a parcel that has a Future Land Use (FLU) of Single Family and is being used as either vacant or Single Family. To the west of this parcel is a church. To the south,l the land directly behind has a FLU of commericial property but is currently vacant. To the east there are many parcels, some undeveloped, but most developed as single-family residences, a couple of undeveloped parcels, and a church. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are vacant or single family homes. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surroundii ng properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 1.03 acres of Commercial. The maximum density of the FLU Commercial has a maximum density of 0.5 Coverage for a restaurant of 22,500 sf. For a total traffic count of 2,933 daily trips and 244 peak hour trips. The proposed FLU Single Family for these parcels would have a maximum density of 5 units per acre, for a total of 5 units according to the City's Comprehensive Plan, which would yield a total of 48 daily trips with a peak hour of 5 trips. This represents an decrease of 2,885 daily trips and 239 peak hour trips. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Not traffic study required b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten-year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses Assume 2.5 residents per household Current 0 * 285 = 0 gpd Future = 5 * 285 = 1,425 gpd (2) 0.15 gallons per day per square foot of floor area for nonresidential uses Current 22,500 * 0.15 =3,375 gpd Future 0 *0.15 = 0 gpd Current total = 3,375 gpd Future total = 1,425 gpd b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. This project is under the threshold to require additional open spacd. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; Since the density is decreasing a letter supporting that decrease is not required, b. Water and Sewer: Since the density is decreasing a letter supporting that decrease is not required. c. Schools. Since the increase of single family residential is so small, it will have no impact on the Okeechobee County School System to serve this property C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the US Fish and Wildlife Service. From this map, there appear to be no wetlands on the subject parcel. 2. Soils posing severe limitations to development There is one soil type present at this site from the attached MRCS Websoil Survey, Immokalee Fine Sand, 0 to 2 percent slopes. 3. Unique habitat. This parcel is undeveloped but provides no unique habitat. 4. Endangered species of wildlife and plants. Since everything around this parcel has been partially developed for many years and with all the development around it, it does not provide the conducive habitat for endangered species. 5. Flood prone areas. According to the attached FEMA map 12093C0480C, the subject parcels are within Zone X and shown as an area of minimal flooding. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. This parcel is currently undeveloped. With this anticipated as a residential development, there is not a significant population change. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. The minimal increase in density will not change the ability of the city or any other utilities to provide available water, sewer, or roads. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is an undeveloped parcel but will have very .limited impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(1) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply undeveloped land inside the City Limits for development or infill, which is the preferred development pattern. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Single Family Land Use designation, the maximum development is approximately 5 Units per acres. L 1.2.d. Use Measure Rate Gallons per Day Commercial 22,500 sq ft 0.15gppd 3,375 gpd — water/sewer (Existing) Single Family (Proposed) 5 Units @ 2.5 114 gppd 1,425 gpd — water/sewer people per unit -1,950 gpd — water/sewer Net Impact Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.1 mgd for the period of March 2015 through February 2016. The average daily flow of the wastewater treatment plant is 0.859 mgd of the 3 mgd plant for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Waste Management has previously indicated they have a 100 year capacity left in their facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0480C, this parcel is in Flood Zone X. There are no wellfields within 1,000 feet of the parcel. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off-site will be minimized by on-site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short-circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation As a potential small single family home project, no impact to the parks and recreation needs of the City is anticipated. Hurricane Preparedness This project is located outside any project storm surge areas within the City of Okeechobee. The current Florida Building Code requires impact windows and doors, if the residents desire to remain in the units, but management will encourage them to leave. Miscellaneous Data Parcel Control Numbers Subject to this Application 3-15-37-35-0010-01210-0010, 3-15-37-35-0010-01210-0030, 3-15-37-35-0010-01210-0040, 3-15-37-35-0010-01210-0060 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. Penrod Properties City of Okeechobee Future Land Use Amendment Surrounding Property Future Land Use Exhibit ` Ce 7 I� Lop Penrod Properties City of Okeechobee Future Land Use Amendment Surrounding Property Owners Land Use Exhibit I 1 Penrod Properties City of Okeechobee Future Land Use Amendment Surrounding Property Zoning Exhibit ........ ....... Commercial 47 Light Single FamiP -4-Commercialya -4 Commercial Single family Off Parcel ID Number: 3-15-37-35-0010-01210-0070 Prepared by and return to: Susie Burk Okee-Tantie Title Company, Inc- ] 05 naI05 NW 6th Street Okeechobee, Florida 34972 FILE NO. 36444 Warranty Deed This Indenture, Executed this November 20, 2018 A.D. Between 41 f IIIliI IIlII iliii iilil !Ilfl i1lil III! Ilii FILE HUM 2018413904 OR BK 816 PG 970 SHARON ROBERTSON► CLERK, R COMPTROLLER OKEECHOBEE COUNTY. FLORIDA RECORDED 11/21/2018 02:00:48 PN ANT $105.000.00 RECORDING FEES $27.90 DEED DOC $735.00 RECORDED BY h Pinon P9s 970 - 972; (3 p9s) WANDA SUE WOLFORD, TRUSTEE OF THE EVA MAE WILLIAMS REVOCABLE LIVING TRUST F/K/A THE EVA MAE HAZELLIEF REVOCABLE LIVING TRUST UNDER AGREEMENT DATED SEPTEMBER,*jAAMENDED JULY 27,1994 AND SEPTEMBER 25,1997 whose address is 1888 SHAUN C. PENRffand whose post office address437 SW 33rd Ci , (Whenever used herein the d racl individuals, and the successorsassigns o'tions, Witnesseth, that the grantor, k and in considerations, receipt whereof is hereby ac edged, unto the grantee, all that certain land situate in hol Legal Description as Exhibit "A" 32216, hereinafter called the grantor, to OD, HUSBAND and WIFE, 4974, hereinafter called the grantee: $ all the this instrument and the heirs, tegal representatives and assigns of considers f the shun of Ten Dollars, ($10.00) and other valuable hereby ''bargeJyj ., aliens, remises, releases, conveys and confirms Parcel ID Number. 3-15-37-35-0010-01210-0070 Subject to covenants, restrictions, easements of record and taxes for the current Together with all the tenements, hereditaments and appurtenances thereto To Have and to Hold, the same in fee simple forever. in anywise appertaining. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2018. 0--1,01 G/Dni ^ a 7 A 1'CA14P)n1 Qr)1 "20A t o'nrro 1 .,f Z In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and Witness Printed Name Witness Printed State of Florida County of Okeechobee E. Burk The foregoing instrument w '`4"", „a ged me this N Eva Mae Williams Revocable Living Trust F; the Eva Mae 1986, as amended July 27, 1994 and Septent ,' 5,1997, who 'v'P SAVIA E BUR ``fi" „, i a°;� Notary Nbfic - State of Fbrlda i =• : WE Commission # FF 204270 My Comm. Expires Feb 26.201! :4;,,',Y: ��• Bonded Mto* BNIatal Notary Assr (Seal) WANDA SUE OLFORD, TRUS E Address: 1888 EAST RD, Jacksonville, lorida 2216 A, 2018, by WANDA SUE WOLFORD, TRUSTEE OF The Revocable Living Trus grvem t dated September 5, a drivers license rfication. E. Burk Book816/Paae971 CFN#2018013904 PahP 9 of 1 Exhibit "A" LOTS I TO 12, INCLUSIVELY, BLOCK 121, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, OKEECHOBEE COUNTY, FLORIDA. File Number: 36444 Logal Description with Non Homestead Closees Choice Book816/Paae972 OFN#2018013904 Paae 3 of 3 7315373500100122001100 31537350010012200010 "T J MAFF77 '-7. NE A.W." 1-4 —N ............. cri C� C) M -M CD 31537350_010012100100,;-..,.:;u m C) 'S X 31537350010012100070'''#: 153735 01 NE A.W." 1-4 cri C� C) M -M CD 31537350_010012100100,;-..,.:;u m C) 'S X NE A.W." 1-4 �PM 41) National Wetlands Invento Penrod Properties . - ' t rfi 4. eALr as • ��, .tSN �� 1:3,609 tali, y 0 0.03 0.06 0.12 m1= - r 0 0.05 0.1 02 km _ it :+ V41 �,►< July 31, 2019 Wetlands Freshwater Emergent Wetland jj Lake ❑ Estuarine and Marine Deepwater D Freshwater Forested/Shrub Wetland F-] Other Estuarine and Marine Wetland Freshwater Pond ❑ Riverine %� S# p�ndl• dlife ?;ery ce Natio I Ste rdeE�Su Teem ��alldc terws.gov �+ mokmft ► Tarr' Zf.. This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produced by the NWI mapper F'—� 3 Soil Map—Okeechobee County, Florida 3 (Penrod Properties) T P 518960 516970 516M 516990 517000 517010 517027 517030 517710 517060 5170M 517071 27° 14'49'N I I I I - L I I I I _ I- . L. 2A 14"WN s yF.•s+,,.-,�s�� r t 4e k ¢ h.. `3� 'Et'.. :"�i...._i° � .�.... .Tr .'F A _- jay .�R . •.?f: — y ro a � � +,1i��A � '� t ,' ��-3N. 'mak � Yid y 34 • � � _ '�*4 b y*L ... i ' f •fit/: -, j - r thi oil M W may i of �e valid at sc-ale. x f':i' E 27° 14'46'N 27° 14'4VN Sim Siam 51m 516940 517000 517010 51712) 517110 517040 511CW 517060 517M F3, Map Scale:1:512 irprinted on A lardsmpe (11" x8.5") sheet Meds N 0 5 10 20 3D Feet 0 20 40 80 120 Map Pro1eCtIon: Web Me` #or Ca nermOrdinatrs: WG584 Edge ft: UTM Zone 17N WG584 usnA Natural Resources Web Soil Survey 7/31/2019 Conservation Service National Cooperative Soil Survey Page 1 of 3 Soil Map—Okeechobee County, Florida (Penrod Properties) usD1 Natural Resources Web Soil Survey 7/31/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 MAP LEGEND MAP INFORMATION Area of Interest (A01) Spoil Area The soil surveys that comprise your AOI were mapped at Area of Interest (AOI) Stony Spot 1:24,000. Soils �� Very Stony spot Warning: Soil Map may not be valid at this scale. Soil Map Unit Polygons r; Wet Spot Enlargement of maps beyond the scale of mapping can cause .. soil Map Unit Lines misunderstanding of the detail of mapping and accuracy of soil p Soil Map Unit Points Other line placement. The maps do not show the small areas of Special Line Features contrasting tin soils that could have been shown at a more detailed Special Point Features scale. W Blowout Water Features Streams and Canals Please rely on the bar scale on each map sheet for map �j Borrow Pit measurements. Transportation Clay Spot +-F-r Rails Source of Map: Natural Resources Conservation Service Closed Depression Web Soil Survey URL: Interstate Highways Coordinate System: Web Mercator (EPSG:3857) ' " Gravel Pit US Routes Maps from the Web Soil Survey are based on the Web Mercator Gravelly Spot Major Roads projection, which preserves direction and shape but distorts Landfill distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more Lava Flow Background accurate calculations of distance or area are required. Marsh or swamp Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. -: Mine or quarry © Miscellaneous Water Soil Survey Area: Okeechobee County, Florida Survey Area Data: Version 15, Sep 17, 2018 Q Perennial Water Soil map units are labeled (as space allows) for map scales �l Rock Outcrop 1:50,000 or larger. + Saline Spot Date (s) aerial images were photographed: Mai-20,2015—Mar 21, 2015 Sandy Spot The orthophoto or other base map on which the soil lines were f Severely Eroded Spot compiled and digitized probably differs from the background Sinkhole imagery displayed on these maps, As a result, some minor shifting of map unit boundaries may be evident. Slide or Slip oa Sodic Spot usD1 Natural Resources Web Soil Survey 7/31/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Sail Map—Okeechobee County, Florida Map Unit Legend Penrod Properties csun Natural Resources Web Sal Survey 7/31/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres In A01 Percent of A01 11 Immokelee fine sand, 0 to 2 percent slopes 1.1 100.0% Totals for Area of Interest 1.1 100.0% csun Natural Resources Web Sal Survey 7/31/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Penrod Properties FEMA Firmette G� COr C+GGSe 0 �ei'v'Qv ^ Op v'! •^ 0•e :^? lQCO:'Q� L'^ Gf 3e eC +^$ 0 y fferert; IQC0:0! 0^ L^B 'GCO Or'rOL De G.'.` Q! D� f^ 2fICs Q Go To NFHL Viewei „ ^.?: i GCO: G^ '^ : ^2 5&?�C^e'C GGG !e. r: '! v",'.' :OKe 0 r rJ:e 0! f v' a d'J!(Rg .}QO f ^QL!5 :Q aje ?e!QT_e 0 i7'; ^0 ^''C F•k'.a2.^.f. f i GU tore 3 1610 .—"- AFpracra[a 1cGaWr. based on szerhput —--WnhautiBase Flood Etetatlon MM a dos Cans SectionsrunZ'. An nual Cha nce ar.: dues rctrepresert an a�thcrlaN= With WithBFE or Depth "° Surface Elm -non PIH psaperty'aa6ar. SPECIAL FLOOD HAZARD AREAS Regulatory Floodway--naAt.aD.AiitAlr a- — — Coastal nscc - - asWater _ _,_.. Be Flood Elcrauon LmeiBFE) Se.,e �umll of Study O11 Annual Chance Hood Huard. ken lum ictlon Boundary G,g+tai Data A':a'ab!e of 14: annual chance flood with areraFe y de pt h fess than one foot of wl th drama go --- Coastal Transect Baseline l:a Alta:Data4v3iab'? areas of less than one square mile -a: •. OTHER — pra!ild eascune FLAP PAN EIS a -apps- - Future Conditions 1% Annual FEATURES _ Hylrograohic Feature -- Chance Flood Huard-<=-+ -- - - ®es of rtir.�r..ai F�a_dlHa:ard==:r N Area with Reduced Flood Risk due to _ I__Cha-el, GENERAL Chael p;lor yrrt. Stami Sewer Effasrre LDr,IRS OTHER AREAS OF Lese C. See votes. --�-s STRUCTURES r I r I i r Letee. Dike. ar Floodwall Attract Lrceterm:red FLOOD HAZARD Area with Flood Risk due to Lvvae_x a i otherase pmteoted Brea ® =sW S7t[tr Resource system Area OTHER AREAS 8/6/2019 Okeechobee County Property Appraiser g4b.okeechobeepa.com/gis/ 1/1 Okeechobee County Property Appraiser 2018 Certified Values Micicey L. Bondi updated: 8/1/2019 Parcel: S 3-15.37-35-0010-01210-0060 », Aerial Viewer Pictometery Google Maps Owner & Property Info ° 2019 2018 n 2017 0 2015 O 2014 sales PENROD SHAUN C & DESIREE A Owner 2437 SW 33RD CIR OKEECHOBEE, FL 349745723 ` 6' ` Site NE 5TH ST, OKEECHOBEE�v ti CITY OF OKEECHOBEE PLAT BOOK 1 PAGE 10 & PLAT BOOK 5 PAGE 5 Description' LOT 6 & WEST 1/2 OF LOT 5 BLOCK 121 ) Area 0.258 AC S!r/R 15-37-35 r �' Use Code"" VACANT COM (001000) Tax District 150 HE 4 r ' •Tho Description above Is not to be used as the Legal Description for this parrot In any legal transaction. "1ha Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning b Development at 663-763-5548 for zoning info. q> Property & Assessment Values 2017 Certified Values 2018 Certified Values VIE, There are no 2018 Certified Values for Mkt Land (1) $21,026 this parcel Ag Land m r,p (o) $0�1 Building (o) $0UL XFOB (o) $0 r �~.. p Just $21,026 Class $0 `r:• Appraised $21,026 `_ il: SOH Cap [?] $0 Assessed $0 Exempt $0 Total eounty:$O etty:$0 Taxable othar$0school:$0 ! r - lE 31 maim n i. tj j tl ')?� A' Nolo: Property ownership changes can cause the Assessed value of lho properly to reset to fullMarket r value. which could result in higher propertytaxes.- ® Sales History Sale Dale Sale Price Book/Page Deed V/1 Quality (codes) RCode NONE v Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Bit Base SF Actual SF Bldg Value NONE ® Extra Features & Out Buildings (codes) Code Desc Year Bit Value Units Dims Condition (% Good) NONE ® Land Breakdown Land Code �— Desc Units Adjustments Eff Rate Land Value NONE 0 Okeechobee County Property Appraiser I Mlckey L Sandi I Okeechobee, Flodda 1863-763-4422 by: GrimlyLogic.com g4b.okeechobeepa.com/gis/ 1/1 RY SURVEY _CTION 15 HIP 37 SOUTH :GE 35 EAST I I I I10r u1 '� mala $ rr.irn S ur LEGAL DESCRIPTION: LOT 1 AND THE EAST 1/2 OF LOT 2 BLOCK 121, CITY OU ON(EECH08E- PLAT BOON 5. PACE 5. OKEECH08EE COUNTY, FLORIDA. AND LOT S AND THE WEST 1/2 OF LOT 2, BLOC% 121, CITY Of OKIEOIWEE. PLAT DOOM S. PACE S. OKEECHOBEE COUNTY, FLORIDA AND LOT f AND THE EAST 1/2 OF LOT 5. BLDG( 121, CITY OF OkEECHOBEF PLAT BOOK 5. PACE S, OKEECNOBEE COUNTY. FLORIDA AND LOT a AND THE WEST 1/2 CF LOT 5• BLOCK 121, CITY OF O,(EECHOSEE, PLAT BOOK 5, PACE 5. OKEEOIOBEE COUNTY. FLORIDA LEGEND: (C) CAICVIATED DWENSON FROM FIaD MEAAALMOITS C3 CAT I7H BASIN CA CENTERLINE OCUMEATdi POST y am ANCHOR FIELD rw FOUND dW OVUM AD UTILITY (P) PUT P.O. PUT DOD( PQ PACE R/W RICHT OF VAT SINGLE SUPPORT SON m TFLLPNONE PEDESTAL a UTILITY Par Y +. W:E� '` N � Ln t � T o � a u fl i { 0 D H 2 (n Z Ln ; Q 1 I aC'i 5252 SURVEYOR'S NOTES: 1. THE SURVEY DATE IS NOVEMBER S. 2011L 2 THIS IS A BOUNDARY SUR AS DEFINED N CHAPTER 5J-17.050(11) OF THE FLORIDA ADMINISTRATIVE CODE. S. THIS SURVEY NM AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT ME SIGNATURE AND ME ORIGINAL RAISED SAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. n C f. ADDITIONS CR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE �kl SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE a SATNING PARTY OR PARTIES $ S COPYRICHT o 1010 BY BSM h ASSOCIATES. INC. R y B. BEARINGS SHOWN HEREON ARE BASED ON GRID NORM, AND ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE. NORTH AMERICAN nevRT•sat TR.w' DATUM OF 19W]. 1011 AOAUSTMENT. THE BEARING BASE FOR TILS SURVEY IS THE CENTERLINE OF HE 2ND AVENUE SAID CUNTERUNE BEARS N 0071'04' W AND ALL t \ y OTHER BEARINGS ARE RELATIVE THERETO. 7. THIS SURVEY DOES NOT HAVE TIE BENEFIT OF A CURRENT TITLE COMWTMENT, a L 1 AMNION, OR ABSTW RACT. RING THE COURSE OF ME SURVEY SOME SEMCHES OF ST. qQ m I/Y eon Iao A CAP THE PUBLIC RECORDS WERE MADE, BUT THESE SEAROHES WERE NOT EXHAUSTIVE a a b A m R9N u e1w AND SHOULD NOT BE CONSIOERED A SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, TIL OR A95MACT OBTAINED FROM A E AGENCY OR TITHER e TITLE PROFESSIONAL _ I Q THE LEGAL DESCRPTICN OF THE LAND CONTAINED IN THIS BOUNDARY SURVEY 15 i BASED OH TIE DESCRIPTION RECORDED IN OFFTGIAL RECOROS BOOK 39E. PAGE e IW■I 5ff. AS RECORDED IN THE RECORDED RECORDS OF OKEECHOBEi COUNTY. FLORIDA a 9 9. THIS SURVEY DELINEATES THE LOCATORS OF ME LEGAL DESCRIPTIONS ON THE � ET GROUND, BUT DOES NOT OETERWNE OWNERSHIP OR PROPERTY RIGHTS laUNDERGROUND IMPROVEMENTS IF MY, WERE NOT LOCATED EXCEPT AS SHOWN. 1 11. AD,AYNNG PROPERTY INFORMATION WAS ODTANED FROM OKEEd100EE COUNTY I PROPER" APPRAISER OFFICE c J D 1 H 12. AERIAL IMAGERY SHOWN HEREON WAS OBTAINED FROM TIE LAND BOUNDARY una HT1 )Y'+R NFCRMATCNSYSTEM (LA®NS) DATED 2015 AND 15 SHOWN FOR INFORMATIONAL PURPOSES ONLY. ¢ IS. $UB,ECT PROPERTY 15 LOCATED IN 8000 ZONE %PER FEMA YAP NUMBER n m 14a111Tm10 12D93C, PANEL NUMBER ORL5C, WITH M EFFECTIVE DATE OF 07/10/15. ^ a Tu CERTIFICATION: (714 1 FOHEBY CERTIFY MAT THE ATTACHED SURVEYygy(/] Q) TO ME BEST OF MY IO+OVIIDGE MO BEUEF� It It 7� 1h, e1W 1100 A OI I STANDARDS OF PRACTICE SET FORM BY IC BO ■ } anLesn 9vI u Nb' PPOFESSOHAL SURVEYORS AND NAPPEVHAP FLORIDA ACUMSTRATIVE CODE. neOIn Se Nu�h r s ��O v=i z 0 . DEs P ,) SHAUN ao m � „� 7074 �^ '� :,3 rr LJ FOR M m BSM a " N QG ti v p N� O ® Q ST 3 Q pe ED S anck I'll f OY'Si T A /' AND U BAFONES "I l mr I PROFESSIONAL SURVEYOR AND MA�lyy__ �► STATE OF FLORIDA LICENSE NO. 7071r�� THfS SURVEY LOCATION MAY: (MOT TO SCNE) I BOUND TOWN - RA GRAPHIC SCALE ( N FIT ) f. -- R. (INTIM COSMAY SCAM I I I I I I I I rmi ito I la o of I pilo I as trio I el Mita A. S. PC. f I Pt f. rr f I Pi 0.a f I rx&PG0 I P14af -TI_ I _I- _ I p �thAIC tl�t t: � r.oar — na Mra S M 2MK (C) Wrenn xK MrMb.T I I I I II r1 m ft a s ° A.471 is aw I . I I I LOT 3 I I I I I I I t I I °- .L - $ _i IL tRf ra a. FG.0 $ tr 3g Pmar+n.-.. t.�s^Mv6om.aulo-ea. a -t ""ml 04M � I I I I I I 1 >y I tlC o cats s`iPc vl J r! s4WW44*C 74.W ]0007 h — — — — _ — _ T- R. � I I t� IIt LQ 7 I ■DIX Ift i1Q C I 5. m a r1 a,C f ri lac f I ra 43 ralRr PA 4f 1 8/6/2019 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickev r.. Randi Parcel: i«) 3-15-37-35-0010-01210-0040 »1 2018 Certified Values updated: 8/1/2019 Aerial newer Pictometery Google Maps I ° 2019 .0 201e O 2017 ` > 2015 'D 2014 Sales +F a '` ' ,T• r. " - f `' ` IE 4 , `y,�„ , • '�i ' m, -Q �afill {� 1l► r 'rpt "T, r - ✓ "W - I to. .. c�crt r� F IIE 31 tlf� 16 . Owner & Property Info PENROD SHAUN C & DESIREE A Owner 2437 SW 33RD CIR OKEECHOBEE, FL 349745723 Site NE 5TH ST, OKEECHOBEE� CIBOOKS TY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & PLAT BOOK 5 PAGE 5 Description` LOT 4 & EAST 1/2 OF LOT 5 BLOCK 121 ) Area 0.258 AC S/T/R15-37-35 Use Code— VACANT COM (001000) ITax District 150 'The Description above is not to be used as the Legal Description for this parcel in any legal transaction. "Tho Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 883-7835548 for zoning Info.FU, Property & Assessment Values 2017 Certified Values 2018 Certified ValuesrThere are no 2018 Certified Values for Mkt Land (1) this parcel Ag Land (o) Building (o) XFOB (o) Just$21,026 Class$0k Appraised SOH Cap [7] Assessed Exempt Totalcounty:$0 Taxable Note: Property ownership changes can cause the Assessed value of Markel value, which could result in higher property taxes.. $21,026IN $D $0 $0 $21,026'r",v.: $0 $0 $0 clty:$0 olher:$0 schooi:$0 the property to reset to full ® Sales History Sale Dale Sale Price Book/Page Deed V/1 Quality (codes) RCode NONE v Building Characteristics Bldg Sketch Bldg Item Bldg Desc` Year Bit Base SF Actual SF Bldg Value NONE ® Extra Features & Out Buildings (codes) Code Desc Year Bit Value Units NONE Dims Condition (% Good) ® Land Breakdown Land Code Desc Units Adjustments NONE EWRate Land Value C Okeechobee County Property Appraiser I Mickey L. Bandl I Okeechobee, Florida 1863-763-4422 by: Grizzlyl-ogic.com g4b.okeechobeepa.com/gis/ 1/1 �I ae Staff Report Small Scale Comprehensive Plan Amendment Prepared for. Applicant: Petition No.: The City of Okeechobee Shaun Corey & Desiree Penrod 19 -004 -SSA Staff Report Applicant: Penrod Small Scale Comprehensive Plan Amendment Petition No. 19 -004 -SSA General Information Owner/Applicant Shaun Corey & Desiree Penrod Applicant Phone Number 863.634.9792 Applicant Email Address penrodconstruction@gmail.com desiree.penrodconstruction@gmail.com Applicant Address 2437 SW 331d Circle, Okeechobee Site Address i NE 411 Street Legal Description of Subject Property Parcel Identification Numbers: 3-15-37-35-0010-01210-0010, 3-15-37-35-0010-01210-0030, 3-15-37-35-0010-01210-0040, 3-15-37-35-0010-01210-0060, Legal Description (from warranty deed) LOTS 1 TO 12, INCLUSIVELY, BLOCK 121, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, OKEECHOBEE COUNTY, FLORIDA. The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 1.033 acre parcel. The parcel is designated Commercial on the Future Land Use Map. The proposal is to change the Future Land Use designation of this property from Commercial to Single Family Residential. 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. p anneng Staff Report Small Scale Comprehensive Plan Amendment Applicant: Penrod Petition No. 19 -004 -SSA ,Future Land Use, and Existing Use Existing Proposed m Future Land Use Category mom Commercial Single Family Residential ..,.,.. .. v.1CP Zoning District Residential Single Family Residential Single Family Use of Property Vacant 4 single family residences Acreage 1.033 1.033 Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Classification Zoning District Existing Land Used Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Commercial Light Commercial Vacant Single Family and Commercial Residential Single Family and Commercial Professional Church Commercial Multi Family Residential and Commercial Vacant Commercial Heavy Commercial Church Parking LaRue 2 ptanning Staff Report Small Scale Comprehensive Plan Amendment General Analysis and Staff Comments A Qualification for Amendment Applicant: Penrod Petition No. 19 -004 -SSA Based on the size of the property (1.033 acres) this application qualifies under Chapter 163, F.S. as a Small -Scale Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Commercial The property is vacant. While the Commercial Future Land Use category allows for an FAR of up to 3.00, given the 50% coverage limitation and the character of Okeechobee, one would not practically expect a commercial building greater than two stories in this location. A two story structure with 50% lot coverage at this site would have 45,000 square feet of floor area. However, in order to develop this parcel with a commercial use, a rezoning would have to be approved to one of the commercial zoning districts and the potential uses that could be developed at this site would depend on the zoning district. C. Future Development Potential as Single Family 1. Future Maximum Development Potential The maximum standard density allowable in the Single -Family Residential Future Land Use Category is four units per acre (five if the units qualify as affordable housing). The maximum development potential is five single-family dwellings. 2. Proposed Use The applicant has already split the parcel into 4 lots, with the intention of building 4 single family dwellings. Comprehensive Plan Analysis A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage redevelopment, infill development, compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. While this property is surrounded by mostly commercial uses, they are not incompatible with the proposed single family use. Infill development of this vacant LaK pfarintng Staff Report Small Scale Comprehensive Plan Amendment Applicant: Penrod Petition No. 19 -004 -SSA parcel furthers future land use objective 12. Additionally, approving this requested future land use map amendment to single family residential will increase the consistency between the future land use map and the zoning map, as the zoning for this property is already single family residential. B. Adequacy of Public Facilities Traffic Impacts Based on the 9'" Edition "Trip Generation" published by the Institute of Traffic Engineers (ITE), a single-family home will generate 1.00 trips in the peak hour. The applicant's proposed use of four single family dwellings at this site will generate 4 pm peak hour vehicle trips. This is not a significant increase and is likely less than what would be generated by commercial development at this site. Demand for Potable Water and Sewer Treatment The estimated demand for potable water and waste water treatment for one single- family home is 296 gallons per day (114 gallons per person per day at an average household size of 2.6). Demand for potable water and waste water treatment for the four single-family homes proposed by the applicant will be 1,186. This is not a significant increase and should have no effect upon the available capacities of OUA's potable and wastewater treatment facilities. C. Environmental Impacts The Applicant has stated there are no wetlands or unique habitat on the site. The subject property is within flood zone X, which represents minimal flood risk. Therefore, we agree that the site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. L,Ky- 4 pbnning Staff Report Small Scale Comprehensive Plan Amendment Applicant: Penrod Petition No. 19 -004 -SSA Recommendation Based on the foregoing analysis, we find the requested Single Family Residential Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Single Family Residential on the City's Future Land Use Map. Submitted by: Ben Smith, AICP Sr. Planner, LaRue Planning September 11, 2019 Planning Board Public Hearing: September 19, 2019 City Council Public Hearing: October 15, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use Aerial, Subject Site & Environs EIanni:ng Staff Report Small Scale Comprehensive Plan Amendment 1-083 4 FUTURE LAND USE SUBJECT SITE AND ENVIRONS subject 123 Lj 2 L4 N.E. 3 RD ST 14Q 4 7 a 91011 LAND USE CLASSIFICATIONS lot line SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE HOPKINS MEANDER LINE UNINCORPORATED L&Kuic wifro-9 Applicant: Penrod Petition No. 19 -004 -SSA < el 88 8 86 mi ui 111 f 1, t-2 fj 4 3 2 1 4�1 -4+9 - I a '0 10�:? 1 4 101 11 Lu W M 1 144 145 W Staff Report Small Scale Comprehensive Plan Amendment ZONING SUBJECT SITE AND ENVIRONS t Z 084 to fl A2 6 Applicant: Penrod Petition No. 19 -004 -SSA N.E. 6TH .1 iei;� 1.711._,Za2W s. � Z z N.E. 5 TH ST It - �• slat : 11 z .� I 110 r- y Subject fwKriv T-20 11 142 3 t : ZONING .f all) LL! w — ' 'lUF�eNSv�NOER La.E - RAQAC4D C,7.MRLi E - CENTitAL BUSINESS D,3TRIC' NE.wv COYYF_RC!. �- UGHT CDYYEF C ML COWERC.' :RC=5s'O»At OFFICE r l/ -OLD+NG 810,lSTNJI Fvel%C F4CUT,fS i+NNED UNIT OF -EL oft -E.,-.60 —_. FUN,'..EC UN17 OE/ELCPYEN-AFSOE'._.- PESQENTUL YOfkE -'0— -fESaENrAL SMOLE =.0 RSOENTIALSINGLECAUV- WC, o� L.R� 9 7 Staff Report Applicant: Penrod Small Scale Comprehensive Plan Amendment Petition No. 19 -004 -SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS '1174C M7 HE STH StT' 1 . HE 4TH ST i Rr4k CHU " ?ARK, tilt— u.+ HF 3111/ S1OL , Ail M IL ;;,. - . �� _ moi-,; .. r r,•` , - � ' �r- � ' _ � is L_ R+' �•. a..... t�"!"'� 1 !^. =! r�. aye w ° 1� P�� 8 Exhibit 4 9/19/19 City of Okeechobee Date: j 13.-i � Petition No. ' -00 �¢_ ;k General Services Department Fee Paid: g K ;r f(r Jurisdiction: r f�` 55 S.E. 3`d Avenue, Room 101 1- 1S Hearing: q-,0,10,2" Hearing-" earing10_;5..1: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Publication Dates: Fax: (863) 763-1686 Notices Mailed: r�ptlon iR aril Yrlal d.i ...,.. �' .. APPLlCAMT:111=ORMATIOt�(. 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@gmail.com 5 Name of contact person (state relationship): Rhonda Waldron / Owner 6 Contact person daytime phone(s): 863-634-5877 K. a PROPEL TY lNFORMATIO, Property address/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: 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: SFR -1 / SF South: RSF-1 / SF West: CHV / C 14 Existing zoning: IRS F-1 Future Land Use classification: Public Facilities 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? ( x )No (Yes. If yes provide date, petition number and nature of approval. 16 Request is for: ( x ) Rezone (___) Special Exception (__j Variance 17 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 t- � For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 REQUIRED A1ZACNMENT R11- 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 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 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 11x17) 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 23 List of surrounding property owners with addresses and location sketch of the subject property. See 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 t- � For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 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. C `. �. ` e J DC` 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. 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. (Rev 9/2017) Page 6 of 11 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. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described 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. C `. �. ` e J DC` 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. 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. (Rev 9/2017) Page 6 of 11 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 9/2017) Page 7 of 1 l Prepared By and Return to John D. Cassels, Jr. Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 F 11..E HUM 2018010294 OR BK 812 RG 41 SHARON ROBERTSON, CLERK h COMPTROt.I.ER OKEECHOBEE COUNTY? FLORIDA RECORDED 08/13/2019 03:3937 Ph AMT $53?270.00 RECORDING FEES $18.50 DEED DOC $373.10 RECORDED BY G Meubourn P- 11 _ 17: /7 nacl QUIT CLAM EDEED THIS QUIT CLAIM DEED executed this d 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 1631a Court, Okeechobee, FL 34972, second party. (Wherever used herein, the terms "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 stun 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 the said second party Okeechobee, State Section 270.4 1, Florida thereunto belonging or in any wise title, interest, claim and demand which the said first party has in parcel of land, situate, lying and being in the County of LYING IN OKEECHOBEE COUNTY, tE PARTICULARLY DESCRIBED IN 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 thropresexce of: Ifs �::."``r �l rights to the extent required by and singular the appurtenances title, interest, lien, equity the only proper use, benefit presents the day VBY: TERRY -V. BURROUG , Chairman EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: 3-15-37-35-0010-00250-0090 LOT 10, AND THE WEST % 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: 1-23-36-34-0010-00050-0260 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: 1-17737-36—OA00-00003-013B ALL OF PARCEL 13—B OF AN UNRECORDED PLAT OF FOUR SEASONS ESTATES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NO 36 EAST AND PRO CEE DISTANCE OF 2627. TO TI EAST, A DISTANC 1891 FEET DISTANCE OF 16 FEET TO DISTANCE OF 100 T TO THE P EAST, A DISTANCE 0 FE T; T 100 FEET TO A POINT; Ri A POINT; THENCE PROC AS AS PARCEL 13-B OF AN UNREC 17, TOWNSHIP 37 SOUTH, RAN a PARCEL 4: 1-30-35-35-0030-00( LOT 25, OTTER CREEK ESTA' PUBLIC RECORDS OF OKEECI CORNER OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE G THE WESTERN BOUNDARY OF SAID SECTION 17, A SECTION LINE; THENCE PROCEED SOUTH 89°46'30" POINT; THENCE PROCEED NORTH 0°04'22" EAST A ; THENCE PROCEED NORTH 89°46'30" WEST A OF BEGINNING; THENCE PROCEED NORTH 0°04'22" E CE PROCEED NORTH 89046'30" WEST, A DISTANCE OF 0004'22" WEST A DISTANCE OF 100 FEET TO T POINT OF BEGINNING, ALSO DESCRIBED D PLAT O ORTION OF THE NORTH '/z OF SECTION 6 EAST. PARCEL 5: 1-15-37-35-0090-00020-0040 LOTS 4,5 & 6, BLOCK 2, FIRST ADDITIO OU THEREOF AS RECORDED IN PLAT BOOK , PAGE 1 COUNTY, FLORIDA, LESS THE EAST 25 FEET OF LOTS 4, OF LOT 6. gARCEL 6: 3-21-37-35-0170-00040-0080 LOTS 8,9 & 10, BLOCK 4, SOUTHWEST ADDITION TO O BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE IN PLAT BOOK 6, PAGE 29, DING TO THE PLAT 'OF OKEECHOBEE THE SOUTH 5 FEET FLORIDA. INPLAT 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, �� hondq I�a.pc��J Rhonda Waldron Applicant 1019 S1M Part St .:.. , Okcechobet,Florxb ' , - - r . ft Sum View r i �V Useof Pro e n r.. . y. 3, ;w. 5 JIM M C ` 40NOW �. _ - ,--� � � � ,� fly. �` �• 34 :r� .� f _� _ i � — ._ ,� _�ivi•'*. - ''`'•'• -•�' of .'.. a: a ��nn p � .,,p$�3•. �, k- �� .rT r /'� Y � �• � � ? � � r r ;y,. �*F YF y. *y y .. ,. .i+'M 'Ky'.N'r:S 3.,s^--"r."A'.*'.�"u\•.�0."� �1F(.0 r1. �A�+,t�"Y �}.MY � 4..". �t/�7 y .�. { � i" `M Y2 ?N Sr„� � ,w„+, h,'; _.� l BOUNDARY SURVEY PREPARED FOR RHONDA WALDRON DESCRIP 770N. - LOTS 8, 9 & 10, BLOCK 4, SOUTHWEST ADDITION TD OKEECHOBEE, FLORIDA, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NO TES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) SITE ADDRESS. 1019 SW PARK STREET. 3) PARCEL ID: 3-21-J7-35-0170-00040-0080. 4) F.I. R. M. ZONE- "X- MAP NO. 12093C0480C, DA TED 07/16/15. 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) SURVEYOR WAS NOT PROVKDED WITH ANY 777LE INFORMA77ON FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, THERE MAY BE OTHER EASEMENTS OR RE57R/C7TONS THAT EFFECT THIS PARCEL. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY 07HER THAN THE SIGNING PARTY OR PAR77ES IS PROH1817ED W77HOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 8) DA 7F OF LAST FIELD SURVEY 11/14/18. I � SW_ PARK STREET _ (ASPHALT ROAD) 70' R/W T CAS LINE POST I EDGE OF ASPHALT I ASPHALTDRIVE— o TELEPHONE n SHELL PEDESTAL _ ORIVE —-ULVERT I C UL — I CONCRETE SIDEWALK S B9 5510011 E 1 50.001 J SET 5/8- IRON ROD k (BEARING BASE) SET 5/8' IRON RDD k I ¢ CAP 'KAB PSM 4820' CAP 'KAB PSM 4820" a INSIDE WATER METER N a w w 35.0' — ❑ In LLI w N �I� - END OF FENCE 0.9' S, 0.1' E. 0 15 30 I,,., 1,,,,1,,,,1.,,.1,,,,1,,,,1 SCALE IN FEET MAP SCALE: 1 INCH - 30 FEET INTENDED DISPLAY SCALE J a Q T II 10 LOT 9 LOT B LOT 7 BLOCK 4 BLOCK 4 BLOCK 4 N BLOCK 4 I w Z Cr r PARCEL CONTAINS = 10.49 ACRES N _ (VACANT) N 0 O O SET MAC NAIL & DISK "KAB WITNESS CORNER PSM 4820' SET 5/8* IRON ROD & CAP "KAB PSM 4820" 5.00' OFFSET NORTH FENCE CORNER N B9a54'1 6" W 1 50.001 UTIUTYPOLE 1.1' N, 0.3' E. ASPHALT WITNESS CORNER UnUTY POLE SET 5/8'IRON ROD & (ABANDONED) CAP "KAB PSM 4820" 5.00' OFFSET WEST TELEPHONE PEDESTAL 1"' 1�, LOT 11 LOT 12 I LOT 13 I LOT 14 0 u I BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 4 w � STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG DATE I BY I CK RHONDA WALDRON DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE S. R/W OF SW PARK ST. IS TAKEN TO BEAR S 89'55'00" E TRADEWINDS SURVEYING 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763-2887 Fax: (863) 763-4342 Email: kab.twps®yahoo.com f r� SERVICES, LLC. Kenneth A. Breaux, Jr. (PSM 4820) LB NU. UUU7 BOUNDARY SURVEY 11/30/18 1 WC I KAB FB/PG: 345/46 SCALE: 1" = 30' FILE: 32449 JOB NO: 32449 LEGEND Oo—Set Iron Rod and Cop "KAB LS 4820" ■—Found CM *—Found Iron Rod (and Cop) O —Found Pipe (and Cap) ABBREVIATIONS Boseline; BM=Benchmark; (�= Centerline; C=Colculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 6=Delta or Central Angle; E=East; E'LY=Easterly, E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Mop; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rad (and ID Cap); L=(Arc) Length; M=Measured; MH=Monhole; N=North; N'LY=Northerly. NGV(D)=Notional Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; F' --Property Line; P=Plat; PC=Paint of Curvature; PCC=Point of Compound Curvature; PCP= PermanentControl Point; POB -Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permonent Reference Monument; PT=Point of Tongency, PU&D=Public Utilitiy and Drainage; R=Radius; R/W=Right—of—Way, S=South; SLY=Southerly, T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL=Utility(ies); _s.*0=Spot Elevation based on indicated Datum, Surrounding Owner Request St u rfounci i .1 q � CO �e�A'A Off. AQJ?-S 2 messages J Steve <steve@globalmappinginc.com> Tue, May 14, 2019 at 10:25 AM To: rhowal20l4@gmail.com Cc: Dora Seaboit <d.seaboR@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: 479,244.6092 www,GlobalMappinginc.com 2 attachments Surrounding Properties Within 100FT,PDF 540K g Surrounding Owners Within 300FT.XLSX 20K Rhonda Waldron <rhowa12014@gmail.com> Fd, May 17, 2019 at 7:30 AM To: Steve <steve@globalmappinginc.com> Cc: Dora Seabolt <d.seaboH@okeechobeepa.com> Received, thank you Steve. [Quoted text hidden] 3-21-37-35-0170-00040-0020 3-21-37-35-0170.00040-0010 3-21-37-35-0170.00030-0010 3-21-37-35-0170-00060.0010 3-21-37-35-0170-00050.0080 3-21-37-35-0170-00050-0060 3-21-37-35-0170-00050-0040 3-21-37-35-0170.00030-0190 3-21-37-35-0170-00030-0210 3-21-37-35-0170.00040-0110 3-21-37-35-0170-00040-0150 3-21-37-35-0170-00040-0170 3-21-37-35-0170-00040-0180 3-21-37-35-0170-00040-0190 3-21-37-35-0170-00030-0020 3-21-37-35-0170-00030-0040 3-21-37-35-0170-00030-0050 3-21-37-35-0170-00020-0010 3-21-37-35.0170-00010.0010 3-16-37-35-0160-00270-0140 3-16-37-35-0160-00280.0110 3-16-37-35-0160.00280-0190 3-21-37-35-0170-00030-0030 PRESCOTT GLENN FRANK BIRDASHAW LOUISE E NORTON WALLACE & TAMELA SUE BRADLEY SHEILA & FREDERICK ALMAZAN MOLINA NICANDRO & HANCOCK TAMI COLLIER MILES MAY DAVID & SHAWNA MCGLAMORY BARBARA A & EDWARD E MARCOUX ROGER FREDERICK 1R PAROW BARRY A & DENISE M DUFFIELD CHRISTIANA E HARDEN MELISSA DEE RUIZ SANDRA BIRDASHAW LOUISE E NORTON WALLACE W NORTON SHAWN W CITY ELECTRIC SUPPLY COMPANY BEATY D S REVOCABLE TRUST AGRE SOUTHEAST MILK INC BIG LAKE INVESTMENTS INC MCCORMICK BETTY L NAFAL ZABEN OMAR NORTON SHAWN M 1009 SW PARK ST OKEECHOBEE FL 34972 1202 SE 8TH AVE OKEECHOBEE FL 349740000 400 S PARROTT AVE OKEECHOBEE FL 349744038 2045W11AVENUE OKEECHOBEE FL 34974 DE ALMAZAN MARIANA SANTIBANEZ 205 SW 11TH AVE OKEECHOBEE FL 349740000 1005 SW 2 STREET OKEECHOBEE FL 34974 1735 SW 40TH DR OKEECHOBEE FL 349745486 1104 SW 2ND ST OKEECHOBEE FL 349740000 102 SW 11TH AVE OKEECHOBEE FL 349744038 1015W 11TH AVE OKEECHOBEE FL 349740000 1010 SW 2ND ST OKEECHOBEE FL 34974 1008 SW 2ND ST OKEECHOBEE FL 34974 1006 SW 2ND ST OKEECHOBEE FL 349744002 1202 SE 8TH AVE OKEECHOBEE FL 349740000 100 SW 11TH AVE OKEECHOBEE FL 349744038 2190 SE 9TH AVE OKEECHOBEE FL 349742414 P 0 BOX 130206 DALLAS TX 753130206 P 0 BOX 1259 LAKE WALES FL 338591259 PO BOX 3790 BELLEVIEW FL 344210000 101 NW 11TH AVE OKEECHOBEE FL 34972 122 SPENCE CREEK LN MURFREESBORO TN 371285378 965 SE 23RD ST OKEECHOBEE FL 349745393 2190 SE 9TH AVE OKEECHOBEE FL 349742414 - (lit . o 3-235-0170.00020-0010 3-21-37-350170.00010-0010 ? Jim maim . 17 S SUBJECT PROPERTY.-' 3-21-37-35-0170 00040-0080- ' OK EECH OBEE COUNTY PROPERTY APPRAISER'S OFFICE 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 f't1 C.ti I i Ci and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of 2-&1 Ci Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee Date Sworn to and subscribed before me this I �day of � . Personally known to me '� or produced as identification and did not take an oath. AN Notary Public, State of Florida Seal: r,n Naory Nbllc Stat. of Flared. 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 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 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. 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. L•Ru 1 ptanni19 Staff Report Rezoning Future Land Use, Zoning and Existing Use Existing Future Land Use Public Facilities Category Zoning District Residential Single Family Vacant (but previously used as Use of Property Okeechobee Senior Citizens Facility) Acreage 0.488 Applicant: Rhonda Waldron Petition No. 19-004-R Proposed Commercial Heavy Commercial Office Spaces and possibly at a later date Commercial indoor recreation 0.488 Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification Commercial North Zoning District Heavy Commercial Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Single Family Residential Residential Single Family Single family residence Commercial Heavy Commercial Antique sales 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 repeated 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. 2 Existing Land Use Farming products and distribution Future Land Use Map Classification Single Family Residential Zoning District ,,= Residential Single Family >' Existing Land Use �- :`: Single family residence Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Single Family Residential Residential Single Family Single family residence Commercial Heavy Commercial Antique sales 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 repeated 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. 2 Staff Report Rezoning Applicant: Rhonda Waldron Petition No. 19-004-R 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. LaRue ptanning Staff Report' Rezoning Applicant: Rhonda Waldron Petition No. 19-004-R (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. 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 LaKue 4 ptann ng Staff Report Rezoning Applicant: Rhonda Waldron Petition No. 19-004-R indicate that services are available and adequate capacity exists to serve a commercial use at this property. 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. 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. Therefore, 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 Rezoning Applicant: Rhonda Waldron Petition No. 19-004-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS NW 2NL- S 10 9 8 F 104 3 1 9 6 C 3• 3 2 1 i' 13 1 J� 12 13 14 13 16 At 16 19 2C 21 11 72 13 14 1J 16 17 1b F8 2[! - f5 16 t7 1( 1 c ^TATE RCAD p V`a 9 8 7 6 6 4 3: 1 21 .L S 4 3 13 12 •0 1 6 7 11 12 13 14 '16 18 47 18 19 20 to 6 8 N, MkK ST 12. 7 6 5 - _ 1 C 8 3 S 4 3 2 1 17 ii_.i.. _.t. _. - 3 _f i 4 15 •6 17 16 197021 2223 11112 1311416 1611718 18120 SL W. 2 ND ST 10 9 11 C 4 !3 2 110 9 0 `7 0 3 4 3 2 1 .rLL T1314'1'211, 1l 181820 11112111 1816117101820 LAND USE CLASSIFICATIONS bt line SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE - - HOPKINS MEANDER LINE UNINCORPORATED Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R ZONING SUBJECT SITE AND ENVIRONS s s i. ow 11 27 .13N talslt >E��2t Z N.W. 2 ND S MOM �8 STATE ROAD M 1' 12 13 14 Y ' 14 1S 1s 17 a 11.-_1 ao S.W. 2 NO ST ----- RAILROAD cExrEeswe CSKMAL 9W.NEW OISTRtCT !¢,AYY CDfgtERC±a1 wk, COMMERCIAL COMMERVAL MDIESS0.+ 1 --IS �� MOIDuiP -Musmm PVSLSC RACamE9 n PtAMMW WILT DEMOPMMEW. , F7: -= i Wseq TmL vuLTmLe FAA' _ —3 MESVENTAL MO6ILE -OWE RESAr9trtAL S..%E =AMkl CME RESDEMTIAL SLVOLE �AMit.Tt1I C =CQTATED N. W. P gttlr L �� tY I .1t7 to M-20 1 — ...1t1 S.W. 3 RD ST 2 LaRue 7 punning Staff Report Applicant: Rhonda Waldron Rezoning Petition No. 19-004-R AERIAL SUBJECT SITE AND ENVIRONS av� > go Far&t ra nt-.�oduc, Who.' , T � SW PARK ST e IMP fo qpprw. i, r ITT 1A f.A AIM' , 0. oftv p4n'tg Exhibit 5 Q/1 Q/1 Q City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date: 01 Petition No. iq 0''M n Fee Paid: �� :;(�" f <<f 7� Jurisdiction: Hearin 1S Hearing �1_ �: ) 2" g' +`' Publication Dates: Notices Mailed: i f'-1 0, Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III 2 Owner mailing address: P.O. BOX 417, OKEECHOBEE, FL 34973 3 Name of applicant(s) if other than owner: REUVEN ROGATINSKY 4 Applicant mailing address: 3113 STIRLING ROAD, SUITE 103, FT. LAUDERDALE, FL 33312 E-mail address: reuvenr1725@gmail.com 5 Name of contact person (state relationship): STEVEN L DOBBS - CONSULTANT 6 7 Contact person daytime phone(s): 863-824-7644 sct J t"', " -r. PROPERTY INFORMATION Property address/directions to property: 700 BLOCK SW 6TH STREET, OKEECHOBEE, FL 34974 HWY 441 SOUTH, TURN RIGHT ONTOW 6TH STREET. PARCEL STARTS APPROXIMATELY 700FT FROM SW 7TH AVE ON RIGHT. 8 Describe current use of property: AGRICULTURAL 9 Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. VACANT Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 19.01 Is property in a platted subdivision? No 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: NO 12 Is a pending sale of the property subject to this application being granted? YES 13 Describe uses on adjoining property to the North: North: SINGLE FAMILY East: UNDEVELOPED South: SINGLE FAMILY/UNDEVELOPED/CHURCH West: SINGLE FAMILY/CHURCH 14 Existing zoning: HOLDING Future Land Use classification: SINGLE FAMILY 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (X)No (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (J�j Rezone (__) Special Exception (__) Variance 17 Parcel Identification Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OAOO-00006-DO00 71 (Rev 9/2017) Page 1 of I 1 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 REUVEN ROGSTINSKY Date `Q 12- /201 q For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: CONTRACT PURCHASER Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 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: 12/03/2009 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. Com utation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See 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 REUVEN ROGSTINSKY Date `Q 12- /201 q For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 11 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. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 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. 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. (Rev 9/2017) Page 6 of 1 I ADDITIONAL INFORMATION REQUIRED FOR A REZONING A Current zoning classification: HOLDING Requested zoning classification: MULTI FAMILY Describe the desired permitted use and intended nature of activities and development of the property? S APARTMENT COMPLEX Is a Special Exception necessary for your intended use? C 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. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described 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. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 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. 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. (Rev 9/2017) Page 6 of 1 I Emerald Greens Parcel Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the surrounding properties are zoned single family and multi -family. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed of apartments on multi -family zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as a developed parcel instead of undeveloped. 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 patters; The proposed use is appropriate for the location and compatible with the adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property and develop previously undeveloped land. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood; The proposed use can be suitably buffered from surrounding unlike uses to the east, west and north. The parcel is bounded to the south by SW Ob Avenue. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities. 8. The proposed use will create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for the additional traffic. To the south, there is a Swale along SW 61' Avenue that will drain to the east to SW 7t' Avenue ditch, a major collector in the City that discharges directly into the Rim Canal adjacent to Lake Okeechobee. This project will not adversely affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. The Emerald Greens Apartments (Description of requested land use change and reason for request) The Rogatinsky Firm, has a contract to purchase approximately 19.1 acres located in Section 21, Township 375, and Range 35E. The property's parcel ID is 2-21-37-35- OA00-00006-0000 and 2-21-37-35-OA00-00006-D000. It is currently located in the City of Okeechobee with a current zoning of Holding. The primary intent of rezoning this parcel is to change the zoning to multi -family. The proposed zoning is consistent with adjacent lands at this location surrounded by single family, churches, and other multifamily lands. This application is for the City to grant a zoning on this parcel from the existing Holding to Multi -Family Residential. There are two access to the property, one on SW 8th Avenue and the other to the south off) iW 6th Street. The Rogatinsky Firm requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Multi -Family Residential. Tbis Instrument Prepared By TOM W. COMELY, IQ, ESQUIRE CONELY & CONELY, P.A. Post Office Drawer 1367 Okeechobee, Florida 34973-1367 Parcel Number: 2-21-37-35-OA00-00006-0000 2-21-37-35-0A00-00006-11000 1111111 �IIII�IIIIIIHIIIIIIII�IIIIIII�III�IIIIIIIIIIIIIIIII FILE NLIVI 200901. 476 OR BK 00679 PG 1002 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECH09EE COUNTY? FL RECORDED 12/03/2009 11:53:14 AM AMT 10.00 RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY M Pinon P9s 1002 - 1003; (2p9s) QUIT CLAIM DEED (PREPARED WITHOUT EXAMINATION OF TITLE) THIS INDENTURE made the Ir day of November, 2009 by OKEECHOBEE UTILITY AUTHORITY, hereinafter called first party, to FRANK ALTOBELLO, as Trustee of the FrankAltobello CharitableRemainderTrustIII dated April 16, 2003, andMILDRED FRANCES ALTOBELLO, whose post office address is P.O. Box 417, Okeechobee, FL 34973-0417, hereinafter called the second party: (Wherever used heron the tcnns "first party" and "uwnd party" include an the parties to this inshuracut and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) WITNESSETH, �at,[bc Sa}d..first party, for and in consideration of ONE DOLLAR and other valuable consideratiory zecel A whereAg.'`hereby acknowledged, does hereby remise, release and quit -claim unto the said second'parry forever, all thexight, title, interest, claim and demand which the said first party has in and to the fbJlov g:°described lot, pie' parcel of land situate, lying and being in Okeechobee County, Florida, viz: IN am TWO UNPLAT 1 D PARCELS OFw;LAND SHOWN AS THE RAILROAD GROUNDS, � T LYING WITHIRVV FLAT THEtCITXrOF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, P y`RECOECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHSOUTH RANE5 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MO TIC RL A_ CRIBED AS FOLLOWS: COMMENCE AT THE O. THWEST Cq ER OF,THAT PARCEL OF LAND DESCRIBED IN O.R. BOO P, GE �+ 3, PUBLIC'�CORDS OF OKFECHOBEE No COUNTY, FLORIDA AND Bl3AR50UTH 89�hAT ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6m STREE Iy, I TANCFY285.32 FEET, TO THE POINT OF BEGINNING; Wit- k v ISE%�,rION THENCE CONTINUE SOUTH 89"53 fV WEST T E WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEL;'liDISTANW'917 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LOWE OF BLOCK 202, A DISTANCE OF 547.44 FEET; NINE THENCE BEAR NORTH 89"53'58" EAST, A DISTANCE OF 7253 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DIST AN -E OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6'"'r STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEARNORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; Book679/Page1002 CFN#2009013478 Page 1 of 2 THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°04'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2L1D STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11-11-52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNIX.Q,'Jw A t sda CONTAINING,9 90 ACRES, f]RE OR LESS. The purpo$C of this quit-cls to release the real property described herein. from that certain Okeechobee Utility; Authority Water andvWastewater System Standard Developer's Agreement and First Addendum ("Standar Dpvel er's Agreement dated November 7, 2006 and recorded in Official Records Book 618 at page 1 2,,`pubec' g Or of Qlteecliobce County, Florida, and to confirm that none of the rn, r Equivalent Residential Conn netections RL'`s)`F' &`eserve-khercin shall attach to and become a part of the real property described herein nor shall a y�pccral non ad valoein assessments therefor be assessed against said real property by fust party.y. TO HAVE AND TO HOT Dy�the same belonging or in any wise appertainingii'd ll the of the said firsts party, either in law or egmty, urth forever. IN WITNESS WHEREOF, the said 1 authorized officers the day and year first above Signed, sealed and delivered in our vresence: n A Witness Si ure Printed N ._l/ 2t4� N 9 ° ?S' Witness Signature Printed Nam: STATE OF FLORIDA COUNTY OF OKEECHOBEE all and singular the appurtenances there unto tlmerest, lien, equity and claim whatsoever sk bSnCfit and behalf of the said second party to be executed by its duly 100 SW 51hAvenue Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this 174"1 day of N ember, 2009 by FRANK IRBY the chairman of the OKEECHOBEE UTILITY AUTHORITY; he [personally known to me or [ ] produced AM as identification. LYNETtE MARIE LOWE �Notary Public • Stale o1 Floltdn My Comndsxlon ExpIr" Sp 2, 2011 ` Comn"on 0 DD 890630 SableCTWV4hNWon8I No'vyAnn. Book679/Page1003 CFN#2009013478 Page 2 of 2 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OAOO-00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances. and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 31 DAY OF �&)/kj 20 /9 OWNER WITNESS OWNER / WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duty sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 3i stay of 'TOLY 205 �"'" C. MICHAEL BAGOoTP Notary Public: SEAL � MYCOMMtSSI0N#G0I11153 Commission Expires: — �/- / 'V:y EYPRIFS: June 04, 2021 (Rev 9/2017) Page 5 of I 1 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND iTSF PnWFR nF ATTnRNFV Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OA00-00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF `' 3 20 1 i�� • L'1 e,� +''. A. �� F �..,4 Calc' r OWNER WITNESS OWNER WITH SS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and th t they executed the power of attorney for the purpose stated therein. Sworn and subscribed this -day of % 20 Notary Public: 4LSEAL Commission Expir : a No ary Puhl�e Stale of Florida Denise Ann DuMopMy Commimon GG 159147 Expires 12r15/202t (Rev 9/2017, Page 5 of 1 I THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B AGREEMENT DATED g; ` .�aK TAXPAYER IDENTIFICATION NUMBER: 2- Co- Co30c-;� 9 �3L q him. FRANK ALTOBELLO expressly reserves the power, exercisable by Will, to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. If FRANK ALTOBELLO exercises such power, no payments shall be made hereunder to the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003. Instead, payment of the balance of the Trust's assets, including any amounts that have accrued since the last payment to FRANK ALTOBELLO, shall be made pursuant to Article III herein. B. Definition of Unitrust Amount. The Unitrust Amount shall be an amount equal to the following: I. Unitrust Amount Before Effective Conversion Date. Until the first to occur of the expiration of the Trust Term (as defined in Paragraph D. of this Article) and the Effective Conversion Date, as defined in Subparagraph B.2, of this Article, the "Unitrust Amount" shall be an amount equal to the lesser of (a) the Trust income for such taxable year, as defined in Section 643(b) of the Code and the Treasury Regulations thereunder; and (b) seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. If the Trust income for any taxable year exceeds the amount determined under Subparagraph B.1.(b) of this Article, the Unitrust Amount for such taxable year shall also include such excess income to the extent that the aggregate of the amounts paid to the Recipient in prior years is less than seven percent (7%) of the aggregate net fair market value of the Trust assets for such years ("Makeup of Short -Fall Amounts"). 2. Unitrust Amount On or After Effective Conversion Date. At the beginning of the first taxable year following the year in which occurs the Triggering Event, as described in Subparagraph B.3. of this Article, the Unitrust Amount shall be computed under the fixed percentage method. Commencing with the first day of the taxable year following the year in which occurs the Triggering Event (the "Effective Conversion Date"), in each taxable year of the Trust until the expiration of the Trust Term, the Unitrust Amount shall be an amount equal to seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. Commencing with the Effective Conversion Date, the Recipient shall forfeit any Makeup of Short -Fall Amounts; however, any makeup of Short -Fall Amounts prior to the Effective Conversion Date are to be satisfied with income realized prior to that date. 3. Triggering Event. The sale or exchange of the real property initially transferred to the Trust and described on Schedule "A" shall be the triggering event. C. Valuation. In computing the net fair market value of the Unitrust assets, there shall be taken into account all assets and liabilities without regard to whether particular items are taken into account in determining the income of the Unitrust. In determining the Unitrust Amount, the trust assets shall be valued as of the time of contribution. All valuations shall be made in accordance with Section 664 of the Code and corresponding Treasury Regulations. D. Trust Term. The "Trust Term" shall begin on the date this Trust is executed and shall expire upon the first to occur of (1) the death of FRANK ALTOBELLO, if (a) FRANK ALTOBELLO survives ETHEL ALTOBELLO and MILDRED FRANCES ALTOBELLO, or (b) FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO, but effectively exercises his testamentary power to terminate the interest of the 2 ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust; and (2) the expiration of the twenty (20) year term beginning with the date of FRANK ALTOBELLO's death, if FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO and does not effectively exercises his testamentary power to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. E. Source and Timing of PgM . The Unitrust Amount shall be paid quarterly on the last business day of each calendar quarter; provided, however, that with regard to the fourth calendar quarter, such Unitrust Amount may be paid within a reasonable time, as that term is defined in Treasury Regulations Section 1.664-3, after the close of the taxable year, if: (i) the entire Unitrust Amount in the hands of the Recipients is characterized only as income from the categories described in Code Sections 664(b)(1), (2) or (3); and/or (ii) the Trust distributes property (other than cash) that it owned at the c19se of the taxable year to pay the Unitrust Amount and the Trustee elects to treat any income generated by the distribution as occurring on the last day of the taxable year in which the Unitrust Amount is due. The Unitrust Amount shall be paid from income and, to the extent income is insufficient, then from principal. Any undistributed income of the Trust in excess of the Unitrust Amount shall be added to principal. If, for any taxable year, the net fair market value of the Trust assets is incorrectly determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the Recipients (in the case of an overvaluation) an amount equal to the difference between the Unitrust Amount properly payable and the Unitrust Amount actually paid. The Unitrust Amount shall be paid in cash, in kind, or partly in each. ARTICLE IV. REMAINDER TO CHARITY Upon the expiration of the Trust Term, the Trustee shall distribute all of the then principal and income of the Trust to the Bishop of the Diocese of Palm Beach, or his successors in office, a "corporation sole," for the use and benefit of Sacred Heart Church of Okeechobee, Florida (hereinafter to be referred to as the "Charitable Organization"). The Bishop of the Diocese of Palm Beach, or his successors in office, shall have the sole discretion in making expenditures of such funds for the Charitable Organization; the priest of the Charitable Organization shall have no discretion with respect to such expenditures. If the Charitable Organization is not in existence at the expiration of the Trust Term or is not an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a) and 2522(a) at the time when any principal or income of the Trust is to be distributed to it, the Trustee shall distribute the balance of the principal and income to one or more organizations then so described as the Trustee shall select in its sole discretion and in such shares as it determines. ARTICLE V. ALLOCATION OF CAPITAL GAIN TO INCOME In calculating the Unitrust Amount for a taxable year that precedes the Effective Conversion Date, the Trustee shall allocate to income the excess, if any, of the proceeds from the sale or exchange of Trust property over its fair market value on the date such property was contributed to the Trust or otherwise acquired by the Trustee. ARTICLE VI. TAXABLE YEAR; PRORATION OF UNITRUST AMOUNT The first taxable year of the Trust shall begin with the date of this Agreement and shall end on December 31, 2003. Subsequent taxable years shall be on a calendar year basis. In determining the Unitrust Amount, the Trustee shall prorate the same on a daily basis for a short taxable year and for the taxable year of the expiration of the Trust Term. ARTICLE VII. ADDITIONAL CONTRIBUTIONS PROHIBITED No contributions may be made to this Trust after the initial contribution has been made. ARTICLE VIII. PROHIBITED TRANSACTIONS Except for the payment of the Unitrust Amount to the Recipients, the Trustee is prohibited from engaging in any act of self-dealing as defined in Code Section 4941(d), from retaining any excess business holdings as defined in Code Section 4943(c) which would subject the Trust to tax under Code Section 4943, from making any investments which would subject the Trust to tax under Code Section 4944, and from making any taxable expenditures as defined in Code Section 4945(d). The Trustee shall make distributions at such time and in such manner as not to subject the Trust to tax under Code Section 4942. ARTICLE IX. TRUSTEE MUST NOT DISQUALIFY TRUST The Trustee is prohibited from exercising any power or discretion granted under any law or this Agreement that would be inconsistent with the qualification of the Trust under Code Sections 664(d)(2) and 664(d)(3) and the corresponding Treasury Regulations. A Trustee who is also a noncharitable beneficiary or the Grantor or a person who is related or subordinate to a noncharitable beneficiary or the Grantor (within the meaning of Code Section 672(c) and the Treasury Regulations thereunder), can value assets other than cash, cash equivalents, or marketable securities, or assets that can be readily sold or exchanged for cash or cash equivalents (within the meaning of Code Section 731(c) and the Treasury Regulations thereunder), only by a current qualified appraisal (as defined in Treasury Regulations Section 1.170A -13(c)(3)), from a qualified appraiser (as defined in Treasury Regulations Section 1.170A -13(c)(5)), to the extent required by the Code or the applicable Treasury Regulations. No other Trustee shall be required to use a current qualified appraisal from a qualified appraiser to value any Trust assets. ARTICLE X. LIMITED POWER OF AMENDMENT The Trust is irrevocable and the Grantor shall have no power to amend it, except that at any time that Grantor is living, the Grantor shall have the power to designate, add or delete 4 charitable organizations listed in the Article herein entitled "REMAINDER TO CHARITY." Notwithstanding the foregoing, each charitable organization so designated or added shall qualify as an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a), and 2522(a). Furthermore, the Trustee shall have the power, acting alone, to amend the Trust in any manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust that meets the requirement of Section 664 of the Code, and that permits a combination of methods for calculating the Unitrust Amount, as provided in Treasury Regulations Section 1.664-3(a)(1)(i)(c). ARTICLE XI. TRUSTEES A. Grantor shall serve as the initial Trustee of the Trust. If Grantor is unable to serve as Trustee for any reason, then WACHOVIA BANK, NATIONAL ASSOCIATION ("WACHOVIA") and FRANK IRBY shall serve as Successor Co -Trustees. Notwithstanding the foregoing, upon the date after the Triggering Event, WACHOVIA shall serve as Co -Trustee with Grantor. If Grantor is unable to serve as Co -Trustee for any reason, then FRANK IRBY shall serve as Co -Trustee with WACHOVIA. If FRANK IRBY is unable to serve as Co -Trustee for any reason, then DAVID PRATT, ESQ. shall serve as Co -Trustee with WACHOVIA. If DAVID PRATT, ESQ. is unable to serve as Co -Trustee for any reason, then TONY YOUNG, ESQ. shall serve as Co -Trustee with GM. If FRANK IRBY, DAVID PRATT, ESQ. and TONY YOUNG, ESQ. are unable to serve as Co -Trustee for any reason, then WACHOVIA shall serve as sole Trustee. W (tc 14a i r% fit" B. At any time that Grantor is living, the Grantor shall have the power to remove the Co -Trustee or Successor Trustee. In addition, the Grantor may, but need not, appoint a replacement Successor Trustee or Co -Trustee to the Successor Trustee or Co -Trustee so removed. Any such removal or appointment shall be made in writing delivered to the Trustee so removed or appointed. C. The Trustee may resign at any time by written notice to each beneficiary then eligible to receive payments from the Trust. D. Every successor Trustee shall have all the powers given the originally named Trustee. No successor Trustee shall be personally liable for any act or omission of any predecessor. A successor Trustee may accept the account rendered and the property received as a full and complete discharge to the predecessor Trustee without incurring any liability for so doing. E. The term "Trustee" and the pronouns therefor shall mean Trustee or Trustees from time to time qualified and acting and.shall be construed as masculine, feminine or neuter, and in the singular or plural, as the sense requires. The term "Corporate Trustee" shall mean any financial institution or trust company which has trust powers and assets under administration in excess of One Hundred Million Dollars ($100,000,000). 5 F. No Trustee wherever acting shall be required to give bond or surety or be appointed by or account for the administration of any trust to any court. No statute with respect to underproductive property shall apply to any trust under this Agreement. ARTICLE XII. ADMINISTRATIVE PROVISIONS The following provisions shall apply to the Trust under this Agreement: A. Facility of Beneficiary Payments. If income or discretionary amounts of principal become payable to a beneficiary under legal disability or to a beneficiary not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is in the opinion of Trustee, unable properly to manage his or her affairs, then such income or principal shall be paid in such of the following ways as Trustee deems best: (a) to the beneficiary directly or her attorney in fact; (b) to the legally appointed guardian; or (c) by Trustee directly for the beneficiary's benefit. B. Spendthrift Provisions. The interest of a beneficiary in principal or income shall not be subject to the claims of any creditor, any spouse for alimony or support, or others, or to legal process, and may not be voluntarily or involuntarily alienated or encumbered. I C. Powers of Trustee. Trustee shall hold, manage, care for and protect the Trust property and shall have the following powers and except to the extent inconsistent herewith, those now or hereafter conferred by law: 1. To invest and reinvest in such properties (real or personal) as Trustee deems advisable including, but not limited to, common and preferred stocks, secured and unsecured obligations, partnership interests, interest in investment trusts, common trust funds, mutual funds, leases, life insurance policies and property that is outside of a Grantor's domicile; 2. To cause any property, real or personal, belonging to the Trust to be held or registered in Trustee's name or in the name of a nominee or in such other form as Trustee deems best without disclosing the Trust relationship; 3. To vote in person or by general or limited proxy, or refrain from voting, any corporate securities for any purpose, except that any security as to which Trustee's possession of voting discretion would subject the issuing company or Trustee to any law, rule or regulation adversely affecting either the company or Trustee's ability to retain or vote company securities, shall be voted as directed by the beneficiary then entitled to receive or have the benefit of the income from the Trust; to exercise or sell any subscription or conversion rights; to consent to and join in or oppose any voting trusts, reorganizations, consolidations, mergers, foreclosures and liquidations and in connection therewith to deposit securities and accept and hold other securities or property received therefor; 4. To lease Trust property for any period of time though commencing in the future or extending beyond the term of the Trust; 5. To borrow money from any lender, including any Trustee hereunder, extend or renew any existing indebtedness and mortgage or pledge any property in the Trust upon such terms and conditions as Trustee deems appropriate; 1 6. To sell at public or private sale, contract to sell, convey, exchange, transfer and otherwise deal with the Trust property, real or personal, and any reinvestment thereof from time to time for such price and upon such terms as Trustee deems appropriate; 7. To employ agents, attorneys and proxies and to delegate to them such powers as Trustee considers desirable and to pay reasonable compensation for their services; 8. To compromise, contest, prosecute or abandon claims in favor of or against the Trust, and to agree to any recision or modification of any contract or agreement; 9. To distribute income and principal in cash or in kind, or partly in each, and to allocate or distribute undivided interests or different assets or disproportionate interests in assets, and to value the Trust property and to sell any part or all thereof in order to make allocation or distribution. The value of property distributed in kind shall be determined as of the date or dates of distribution. No adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for Federal income tax purposes. No action taken by Trustee pursuant to this paragraph shall require the consent of nor be subject to question by the beneficiary; and 10. To perform other acts necessary or appropriate for the proper administration of the Trust, execute and deliver necessary instruments and give full receipts and discharges. D. Limitation on Powers. The provisions of Paragraph C. of this Article shall be subject to the provisions in the Article herein entitled "PROHIBITED TRANSACTIONS" and Grantor's intent to establish a charitable remainder unitrust within the meaning of Rev. Proc. 90-30, Rev. Proc. 90-31 and Code Section 664(d)(2). ARTICLE XIII. INVESTMENT OF TRUST ASSETS Nothing in this Agreement shall be construed to restrict the Trustee from investing the Trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust assets. ARTICLE XIV. GOVERNING LAW This Trust shall be governed by the laws of the State of Florida. 7 ARTICLE XV. DEATH TAXES The Grantor imposes an obligation on Grantor's estate to pay any Federal estate taxes, state death taxes or any other estate, death or inheritance taxes ("Death Taxes") from sources other than this Trust. No Death Taxes with respect to this Trust shall be allocated to or be recoverable from this Trust. This provision may be enforced by any Trustee or charitable organization named herein. ARTICLE XVI. ACCEPTANCE BY TRUSTEE Trustee hereby accepts the Trust herein created. [BALANCE OF PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 0 IN WITNESS WHEREOF, Grantor signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, in the presence of the persons witnessing it at Grantor's request, this, day of gww 2008. FRANK ALTOBELLO, Grantor The foregoing was signed, sealed, published, and declared by FRANK ALTOBELLO, the Grantor, to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and signed in our presence and we at the Grantor's request and in the Grantor's presence, and in the presence of each other, hereunto subscribe our names as witnesses on the date last above mentioned. (Ia,x2 a? �h�,��. residing at ,�. residing at k� -- IN WITNESS WHEREOF, Grantor and Trustee signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, for purpose of identification, in the presence of the persons witnessing it at Grantor's request, this ��day ofj�ru �. , 2008. IK ALTOBELLO, Grantor State of Florida ) 0KV4Aa0aM— ) ss. County of444n43-each ) We have been sworn by the officer signing below, and declare to that officer on our oaths that the Grantor declared the instrument to be the Grantor's CHARITABLE REMAINDER TRUST III -B and signed it in our presence and that we each signed the instrument as a witness in the presence of the Grantor and of each other. Y' ii�<, ._ residing at X�;�//A-,zi,;n�residing at ACKNOWLEDGED AND SUBSCRIBED, BEFORE ME by FRANK ALTOBELLO, Grantor, who ["is personally known to me, OR [ ] has produced as identification; AND SWORN TO AND SUBSCRIBED BEFORE ME by the Witnesses: C1 ritQS ,� 0 ii I YWJ-r j l , witness, who [ his personally known to me, OR [ ] has produced as identification; AND witness, who [ s personally known to me, OR [ ] has produced as identification; and subscribed by me in the presence of the Grantor and the subscribing witnesses, all on 2008. , Notary Public Print Name: 113V6 1A ,0uUu11iH1/j/Z My Commission Expires: "0 1 N WIQ1 �•'iO�e�ber IS Eho a ' #DD 587035 <c 10 99'?bi Bgdedl4N �0`:' Q� Ob6lic Und0s" . /`/,'/ I�/f IIf 111111 d \`\\`` 4 FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B SCHEDULE A Real Property legally described as follows: (See attached Schedule "B" for complete legal description) Date: NK ALTOBELLO, Trustee 8/5/2019 LLS FARG Wachovia Is Now Wells Fargo Wachovia Is Now Wells Fargo - Wells Fargo Founded in Winston-Salem, N.C. as Wachovia National Bank on June 16, 1879, Wachovia grew to be one of the largest diversified financial services companies in the United States. It traded on the New York Stock Exchange under the symbol WB. Wachovia provided a broad range of retail banking and brokerage, asset and wealth management, and corporate and investment banking products and services to customers through 3,300 retail financial centers in 21 states, along with nationwide retail brokerage, mortgage lending, and auto finance businesses. Globally, Wachovia served clients in corporate and institutional sectors and through more than 40 international offices. Wachovia is acquired MMI WACUOVIA In 2008, Wells Fargo & Company acquired Wachovia Corporation to create North America's most extensive distribution system for financial services, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance through approximately 5,400 branches, more than 13,000 ATMs, the internet (wellsfargo.com), and other distribution channels across North America and internationally. The integration of Wachovia and Wells Fargo is complete, and all Wachovia accounts have been moved to Wells Fargo. Need help? If you are a customer and want to access your accounts online, please go to wellsfargo.com. If you have questions, please call us at 1 -800 -TO -WELLS (1-800-869-3557). For business accounts, please call 1 -800 -CALL -WELLS (1-800-225-5935). Phone Bankers are available 24 hours a day, 7 days a week. Deposit data as of lune 30, 2008 (pro forma for acquisitions; excludes deposits greater than $500 million in a single banking store.) LRC -0619 © 1999 - 2019 Wells Fargo. All rights reserved. NMLSR ID 399801 https://www.welisfargo.com/abouVr-orporatetwachovW 1/1 I I R 11(P/ %✓A 1 I)I II II ■"";W BVAr CIV,, DW6WA % XL' RO,VAL GY-A7E71C SURLY 0£SLNA I1LW D AF5335) 9) BEARING BAS£.• INE NORIN RGNr-OF--WAY OF SW 67H SIREFr 1S TAKEN 70 BEAR S 89'4942• W 10) VA IE Pe (ASr R£LO SURVEY., 01/11/19. SEWER MANHOLE'A' I 7NFF LEGEND (3i = OAK 1REE 1_1_x_-,��. © MAPLE TREE - NO7E- 7HE NUMBER INSIDE 7H£ 7REE SYMBOL REPRESENTS := A 7HE DIAME7ER, MORE OR LESS, OF 7HE TREE IN INCHESrr1 + a•x RIM El 28.60 V. B' PVC IWEBT) 15.66 V. - RP.R�P... B' PVC (SOUTH) 15.76 I i Y i :lF RVIAR£O FOR 7H£ £XCLUSIY£ USE OFFOR�£ £X��USEE I ROCA7/NSKI DELTA 11'11'53' RIM EL. 28.12 LENGTH 78.71' SEWER MANHOLE'A' 03/29/19 RIM EL. 27.74 INV. B• PVC (WEST, 18.35 DIA INV. B' PVC [SOUTH) 16.56 TOPOGRAPHICAL SURVEY INV. B• PVC INOIRTHI 16.53 := A SEWER MA.HDLE'B' 200 S.N. 3rd Avenue RIM El 28.60 V. B' PVC IWEBT) 15.66 V. 04/26/19 B' PVC (SOUTH) 15.76 KB INV. B' PVC INORTH) 15.84 C -I RADIUS 402.71' SEWER MANHOLE'C' DELTA 11'11'53' RIM EL. 28.12 LENGTH 78.71' INV. B' PVC IWEBTI 19.27 INV. B' PVC ISOUTHI 15.28 L-1 S 89'51'21' WICI S 89'54'50' WIDI 49.69' INV. B' PVC [NORTH) 16.38 SMET I or ALTA/ACSM LAND TITLE h 03/29/19 349/12-16 DIA NAB TOPOGRAPHICAL SURVEY TOTAL PARCEL CONTAINSm := A tpr a1 200 S.N. 3rd Avenue ADDED WETLANDS 04/26/19 350/31 KB KAB ADDITIONAL TOPO k TREES 07/25/19 351/68 DM KAB SC`I r Ia . x/1/11 DiAN1NG MUYdrN: 33058 A SMET I or aAavn�i,',ra W LEGEND o -Sat Non Rod •nd CoP 'KAB LS .620• ■-round cM coP) B Pye (ma Cap) STANDARD NOTES. No a.mah of Ih, pW rtoorea r, at.mHauen or a.n„r,o or r„4iclbn. aff.alhe the land..ho.n rta. tl er Ih• Wrnyor. Tha .,rnY a.p'stW h.. is Prpm.d TRADEWINDS SURVEYING SERVICES, TOTAL PARCEL CONTAINSm := A tpr a1 200 S.N. 3rd Avenue LLC. =19.01 ACRES[VACANTNTv96 y.clrcyly .iUwl .gnown me .,we„,e nd of Rerda f2mW .7 yn Ond m.W j4B= Thera — m twLl. open patina naead,m.�ta .mpt Okeachobae, FL 3497{ 1;:- a• mo.n Ne alt.nP1 .m moa. to beet. anerPrm,ne Imwarvn.nI ../or .,arwdax.,t. (,r r+d W Tel: (663) 763-2887 -Act— I—amok I...e pl•H,gc rlD.y.r�• varr� nr.«.v.nn e[MP)•.xrx ..ors a pari Nu .urvay. Th.. wx..Y '•n Wap.ad N occmaon„ .Ilh ar,a conform. 10 th. itondotla of Poclk• In pmin.iand .umym. ma moPP.a a. wpeb N fT 1 SJ-li, Flmbv ro r Ae„a,t.I'd[ coag. / / F— (883 7 9 r.••�O) J ) 63-{34 Ernell: kebA A , ;,,,, N ,•„ u�",,,,,„, ,Q- vMr�•awl rar,pr Pone MbI N A.Mis rar..:m N mwwr+l: r /y6hoy o ( i-A..�-ti,]� � , IaFhau N e..... p..x,r. rrNLvrr„ � I.m Mwnrt Ir•ertl Mxe. NT aM • ,d•a: II/.•F�n�- - : L� l,j 11 "R I1 {C' v O___pN H9'S0'29 IC) N B9'S 3'SH' Etp) 725 33'_ la� Y D �-a• -.Y Y -_ 5 89 -5a. -9 -'to) 6 89`5358 WIOI 725.33' ® !r. (pSN 4820) LB N0. 8097 lat I• [ z �a� W�. O d u �y nn�wnw Or Icr u ; 3y P - u N m .T N PIDA' 2.21-37.35.OAOC-00006-0000 -- a ® ® _9.1 2 ACRES m O ND7E ONLY TREES a p 2 f➢ --- © INCNES IN dAYEIER DH ® [y+EAIER MERE LOCATED u ter u ur r ® u Oti SHn ELEOV 26.71 SNK KE n EL1V 26.75 .1 � SH -E /I UEV 26.66 J r 11 •ti IDT t] amu• _ t..c ` uu - -- -t--,q ews _s -49 z wI cl Is H 1II 725. S 89'49'4 WC7- _8953'1 WID) 10_1_06.2'i�pYDa,DI]• 6T5a H61RT ( ]��y a•n[ ]W[ uix ---.+ •RD a n ar 1•u,�i ea ' lrm rl , m,w� �r�W rano,rta aAavn�i,',ra W LEGEND o -Sat Non Rod •nd CoP 'KAB LS .620• ■-round cM coP) B Pye (ma Cap) STANDARD NOTES. No a.mah of Ih, pW rtoorea r, at.mHauen or a.n„r,o or r„4iclbn. aff.alhe the land..ho.n rta. tl er Ih• Wrnyor. Tha .,rnY a.p'stW h.. is Prpm.d TRADEWINDS SURVEYING SERVICES, •-Foand Iran Roo (ono -round jp': ,.ti,.itNY for Uo.a Pm IN. nol.a. Ne req,v�uDiily m I�epiilr n o.wm.a oY b. arrv.Ym Ir V.. ey ou.n mi „amce. Na xr4 Ua 200 S.N. 3rd Avenue LLC. aA.BBREV11` W �� 4C� Un.ur n; av Nf.(acxa P•D.e A•aeu. Cwu.l Nee ar.e y.clrcyly .iUwl .gnown me .,we„,e nd of Rerda f2mW .7 yn Ond m.W j4B= Thera — m twLl. open patina naead,m.�ta .mpt Okeachobae, FL 3497{ frex. Ilwr c nT•[r.l.' ��/r•wt .I er.xra cvr•[�•rr. r]LM-r)ra w... •aa Wrtl a• mo.n Ne alt.nP1 .m moa. to beet. anerPrm,ne Imwarvn.nI ../or .,arwdax.,t. (,r r+d W Tel: (663) 763-2887 -Act— I—amok I...e pl•H,gc rlD.y.r�• varr� nr.«.v.nn e[MP)•.xrx ..ors a pari Nu .urvay. Th.. wx..Y '•n Wap.ad N occmaon„ .Ilh ar,a conform. 10 th. itondotla of Poclk• In pmin.iand .umym. ma moPP.a a. wpeb N fT 1 SJ-li, Flmbv ro r Ae„a,t.I'd[ coag. / / F— (883 7 9 r.••�O) J ) 63-{34 Ernell: kebA A , ;,,,, N ,•„ u�",,,,,„, ,Q- vMr�•awl rar,pr Pone MbI N A.Mis rar..:m N mwwr+l: r /y6hoy o ( i-A..�-ti,]� � , IaFhau N e..... p..x,r. rrNLvrr„ � I.m Mwnrt Ir•ertl Mxe. NT aM • ,d•a: II/.•F�n�- - : L� l,j 11 "R I1 {C' v tl.1WT , R: �. tut+. lna, .ac F,� YMaa .(,. ora T.r,pnt nr.a.l.N an•mRAM.kAr•aa« aro- ,era . wait m,x: Kenneth A. Breaux, !r. (pSN 4820) LB N0. 8097 BOUNDARY & TOPOGRAPHICAL SURVEY PREPARED FOR ROGATINSKI OESCR/P DON RECYlEO FROIC --L RECORDS BOOK 679, PACE IOOZ 1 11 IA TTFD PARCELS L,'" UND, SNONN AS Mf RAIXROAO L77WNOS L T7NC MII)//N OIL PIAT pTY pr MC q' a(E'ELY/LIBEE, AS RELY.I4OEO /N PUT BOGY ,z PACE J, PUBLIC R£CLNOS LY' GYlEL7ICYl[E L1OUNl Y, lL LYNDA, S£CIIpV 21 CONNgi/P J7 SOUTH, RANG£ JS EAST, OYEECNOBlE LYX/NTY. Raring n _.___. fIXLOWS• nur ......� COVMENCE AT INE SWMNE3'T CCwNER Llr NA PARCEL (Y' LAND C1E3'CR/RFU AV (R N. //IX.N' ISl, PAp' IIJI[ "Art, SW IF Or MfFCffL>9CE C10UNTY, fLOWA ANO BEAR S7X/M B93J'/I' MIST A/pV(I ll? NCWM /MQ4l' LM�"IKLML LV' SW BM STREET, A O'S7ANCf OF 281 J2 IEET 70 ME PONT Or BEgNN/NC; CE C9M A o SWM 89 `jJ'11- NEST TD ME /NIERSECRON MIR/ "Ir EAST //N/ LV CILOC7f 707 ply LY LWCFC7l4RER A OSTANCE Or' WS1 Al - R/PNCE BEAR NOP BC Lb b158' NEST ALLVS ME EAST UNE or B4MW 202. A IN7'TANCF' OV .11)11 �P RR7NCE BEAR NORM 897JJ8• EAST A dSTANCL' a' 725..x7 fEE7, R/FNCE -CAR SIXACJTM OO pI 02• EAST, A DISTANCE LY' 547.- fEET to R(E 1,aN/ LV IN r rNN,W(L LL'W IA/Ni.NC 9.12 ACRES, MpPf C1P (ESS ANO 1.Y-WAIMCY' AI R/E .SWfHwsr CY1Wa£R Ly' MAT PARCEL Cr LINO 61CSCR/BOLD IV ON Appt N/. /'ALS IAA( MNM Ir Ay CORDS CF OY£Ep1Qg(F' LZY/NTY, fl ORIVA ANO MRC SWM 893y, N/ -ST AL LW(C IIN N(ItM Ny(yC/' (Y MMY /AV! IV SW B!N SlRry.'T, TD ME INIFRSFC'-ON NIM ME EAST UNE' OF BI OLW TOY, CYIV q• '016182 fEEr x A IVIIAN(V (V N/7 A'CY' BEAR NORR/ 000458• NEST. ALONG RIE FAST LINE Or &000 Z07 A 01.1/ANCi (,�► f1711 /!Il 10 IIN I.O'N/ (A' lMY,YNN/N 4 "over.cav"N,/f NCIPTH 000158• NEST A CVSTANCE OF 547,11 FEET t0 R/E NMRMA,fI :Ylf, CITY d" LY(fECNOV£E; 6TH O' 1111 ,1 MCt 11 llll'NC£ BEAN NCY7tNEAST, ID ME SLt/MFASf LYAPNER '19.1 I'ACC 257. PUBO/C RECORDS CF LN'E,-HE E CYN7NIY, CV" MAT PARLYE Lir (ANp OI�YJP/RFD IN OR BOOM' It @FAR NOPIN 0001;58• 12AP10A, A 0/STANCY Llf 7(N.88 ftlT• SW71/FRCY RlCN7- NEST, A O'S7ANCE CY' J9B 67 FEET TD ME /NIERSF'CRON NI UI A CUR ,IN /IIF RADIUS O, 40271 fEE7wA DEL Tq SYNIRIMEST 2N0 S7AEfT SAND CURVE LICA NNC t0 T,IE NCWMNFST, I/ANNG A CV' 7B 58 FEET, LYE CK 1777'52' ANDA LONG CNOPO BEARING NAPM 62"MIN CA tT, A WAN;AAt•I THENCE AL OVC ME ARC C1'' SAID CURVE A OISTANCE A< 7877 FEET THENCE' BEAR SWM 0004.58• EAST. A OSTANCE Cl, 5J<67 FEET THENCE BEAR SWM 895450• HEST, A DISTANCE or 49.69 FEET,' MEND BEAR SWM ROTAS pZ• EAST, A D/STANCE Or 447.25 FEET,• THENAL BEAR SWM 897754' NEST A 0/STANCE OF 771 JJ FEET TO ME PCYNI CYAVTA/N/NC 9.90 AL77E$ MORE' 617 LESS 11 UNLESS S>IONN OTHERNIS'{ ALL OlMENS/LWS' A/.7 a,6y0) AND AEASUR£D(M). 1) 1 ADDRESS• . J) PARCEL /0.• 2-17-J7-J5-OA00-DOCgs_OCYXi d• 2-7l-J7-JS_OAOO-OG^06_DOOD 4J F.LR.M• ZOVE. X• MAP NO. 1209JCOI8_ C.,ITFD 7-76-lS 5) MCS SURVEY /S NOT /N7FN(�rp TD LIrPlC7 ,.7,ZI 1C77ONAL AREAS OR OTHER AREAS Or LOCAL CONCERN, EXCEPT FOR NEIUlNO LOCA IED /N SW CCWNER pr gIF AS Dff7NDED BY p4R/S SC1o0M/LW, NETUNO SPEC7AUST. 6J SURVf7L:R WAS NOT FRONDED NIM Al, TIfORNA77QV fCR M/S PARCtZ SURt£YOR ASSUMES NO RESPpygURWrY OR UA97UI FOR ME AAl,IRA CY Vol EASEMENT OMEN 'S P S//OMN HEREON, MERE MAY BE OTHER EJISf7{1ET'J$• A4 RESl7ilCDOVS MAT fITECT M/S PARCEL, 7J ME SURVEY DEP/C7E'p HERE /S NOT CY N TH BY PRAY' CrWyA L UAB/UTY INSURANCE. AODf77OVS OR OE'L[n S 70 SURVEY MAPS OR REPOg75 BY OTHER MAN ME S/L7//NG PARTY OR PAR77ES /5 PRO4/@/TED wMOUT Nr,YEW cpvyx�vr OE 7W 57CX'/NC PARTY OR PAR77ES 1 1 I + 11 ma o -m ®uu•�O 4LLI"+JL JAY I I too LIUI.ILL^r 1 �, �m+v. erv.a �t u rvsNw tnr s rnr I , . 4i 1 ': 3-15-37-35-0010-02000-0010 AGUIRRE MICHAEL A& MCCLAIN-AG 102 SW 9TH AVE OKEECHOBEE FL 34974 3-15.37-35-0010-02010-0040 BYRD JIMMY L SR & SHERYLE 5 PO BOX 2344 OKEECHOBEE FL 349732344 3-15-37-35-0010-02010-0030 BYRD JIMMY LSR & SHERYLS PO BOX 2344 OKEECHOBEE FL 349732344 3-15-37-35-0010-02010-0010 ROM IVAN I & NANCY JOINT REV T 1770 RISING OAKS DR JACKSONVILLE FL 322230859 2-21-37-35-0A00-00006-0000 HAVEN OF REST INC 32801 US HIGHWAY 441 N LOT 244 OKEECHOBEE FL 349720296 2-21-37-35-OA00-00053-0000 SALRY RR C/O CSX CORP 500 WATER ST 1910 JACKSONVILLE FL 332020000 2-21-37-35-OADO-00003-0000 MORGAN FAMILY HOLDINGS LLC 1129 SW 39TH LANE OKEECHOBEE FL 349746042 3-21.37-35-0170-00130-0110 HARVEY GLENN C 603 SW 11TH AVE OKEECHOBEE FL 34974 3-15.37-35-0010-02020-0280 BARTLETT WILLIAM F & CAROL K PO BOX 967 OKEECHOBEE FL 349730967 2-21-37-35-OA00-00006-A000 MONTEBELLO 13 LLC 120 SW STH STREET MIAMI FL 33130 2-21-37-35-OA00-00013-0000 DIOCESE OF PALM BEACH ATTN REAL ESTATE DEPT P O BOX 109650 PALM BEACH GARDENS FL 334100000 3-15-37-35.0010-02020-0240 OKEECHOBEE COUNTY 312 NW 3RD STREET OKEECHOBEE FL 34972 3-21-37-35-0020-02510-0120 110 MARION ROAD INC PO BOX 453511 MIAMI FL 332453511 3-21-37-35-0170-00120-0180 WILLIAMS BONNIE &KINCHEN DAVID 3222 SE 28TH ST OKEECHOBEE FL 349746675 3.21-37-35-0170-00120.0200 OKEECHOBEE UTILITY AUTHORITY 100 SW 5TH AVENUE OKEECHOBEE FL 349744221 3-15-37-35-0010-02020.0220 ROSE WILLIAM T 511 SW 10TH AVE OKEECHOBEE FL 349744031 3.15-37-35.0010.02020-0200 CITRUS LAND & TIMBER INC 1908 NW 4TH AVE STE 112 BOCA RATON FL 33432 3-21-37-35.0170-00120-0010 GARCIA CHRISTINA & SILVAS RAMO 500 SW 10TH AVENUE OKEECHOBEE FL 34974 3-21-37-35-0170-00090-0170 SUAREZ DAVID JOSE 1000 SW 5TH ST OKEECHOBEE FL 349744014 3-15-37.35-0010-02020-0130 UNITED PENTECOSTAL CHURCH OF 0 C/O REV RAYMOND WARREN 13333 NE 7TH TERRACE OKEECHOBEE FL 349720000 3-21-37-35-0170-00090-0010 IGLESIA BAUTISTA LA COSECHA IN PO BOX 801 OKEECHOBEE FL 34973 3-15-37-35-0010-02020-0110 TORI01O ANTONIAAGUIRRE 403 SW 10TH AVE OKEECHOBEE FL 349744029 3-15-37-35-0010-02020-0090 REYES WILFREDO & THERESA 53 WET ROCK W STAFFORD VA 225546815 3-1537-35.0010-02020-0070 BULGER MELODY 309 SW 10TH AVE OKEECHOBEE FL 349744027 3-21-37-35.0170-00080.0180 FITE JEFFREY L & DEBORAH L 310 SW 10TH AVE OKEECHOBEE FL 349740000 3-15-37-35-0010.02020-0050 CARDENAS ZACARIAS & MARIA N 307 SW 10TH AVE OKEECHOBEE FL 34974 2.21.37-35-OA00.00005-0000 LOUMAX DEVELOPMENT INC PO BOX 5501 FT LAUDERDALE FL 33310 3-21-37-35-0170-00080-0010 BENITEZ-CHAVEZ LIDIO 1001 SW 3RD ST OKEECHOBEE FL 349740000 3-15-37-35.0010-02020-0030 MORGAN ROSEMARY B 303 SW 10TH AVE OKEECHOBEE FL 349744027 3-15-37-35.0010.02020-0010 RUIZ GRISELDA 207 SW LOTH AVENUE OKEECHOBEE FL 34974 2 -21.37 -35 -GADO -00011-0000 SHEPPARD TERENCE DALE & MELISA 300 SW 9TH AVENUE OKEECHOBEE FL 34974 2.21-37.35-OA00-00010-0000 MCARTHUR LOU ANN THOMAS 9D9 SW 3RD STREET OKEECHOBEE FL 349744237 3.21-37-35-0170-00050-0190 BANDI STEVEN & LAURA 611 SW 10TH AVE OKEECHOBEE FL 349744033 2-21-37-35-OADO.00009.0000 ALMAZAN ARELIO &ALMAZAN SANDRA 911 SW 2ND ST OKEECHOBEE FL 349744102 3-21-37-35.0170-00050.0010 JONES TERRY L & MARJORIE L 1205 SCOTTSLAND DR LAKELAND FIL 338133796 2-21.37-35.OA00.00001-A000 OKEECHOBEE PLAZA PROPERTIES MANAGEMENT LLC 4285 21ST STREET SW VERO BEACH FL 32968 2 -21 -37 -35 -0A00.00007 -A000 OKEECHOBEE CHURCH OLD REGULAR C/O RANDALL GILMAN 60 NW 98 ST OKEECHOBEE FL 34972 2-21-37.35.OA00-00008-F000 DAVIS MICHAEL WAYNE 1888 SW 24TH AVE OKEECHOBEE FL 34974 2-21-37-35.OA00.00008-E000 RIVERAJULIAM 913 SW 2ND 5T OKEECHOBEE FL 349744102 2-21-37-35.0A00-00008-15000 PONCE SANDRA M 911 SW 2ND ST OKEECHOBEE FL 34974 2-21-37-35-OA00.00008-0000 GONZALEZ MAYDA R 909 SW 2ND STREET OKEECHOBEE FL 349744102 2-21-37.35.OAOO-00008-GO00 FRENCH AUDREY A 901 SW 2ND ST OKEECHOBEE FL 349740000 2-21-37-35-OADO-00008-8000 MARTIN MAESON MARTIN VICENTE 105 NE 342ND TRL OKEECHOBEE FL 349720130 12-21-37-35-OAOO.00007.0000 AURORA LLC 378 NORTHLAKE BLVD #1170 NORTH PALM BEACH FL 334085421 2-21-37-35-OA00-00001.8000 MORGAN FAMILY HOLDINGS 11 LLC 1129 SW 39TH LN OKEECHOBEE FL 349746042 .3-15-37-35-0010-02000.0210 COPPOLALENORA 7035 ELKHORN DR ROYAL PALM BEACH FL 334110000 3-15-37-35.01)10-02000-0250 CONELD ENTERPRISES INC 477 SW 67TH DR OKEECHOBEE FL 349741569 3-15-37.35-0010-02010.0060 COFIELD ENTERPRISES INC 477 SW 67TH OR OKEECHOBEE FL 349741569 2-21-37-35-OA00-00001.0000 MORGAN FAMILY HOLDINGS II LLC 1129 SW 39TH LN OKEECHOBEE FL 349746042 2-21-37.35.OA00-00001-0000 MORGAN FAMILY HOLDINGS II LLC 1129 SW 39TH W OKEECHOBEE FL 349746042 2-21-37.35.OADO-00004.0000 MORGAN FAMILY HOLDINGS 11 LLC 1129 SW 39TH LN OKEECHOBEE FL 349746042 2-21-37-35-OADO-00001-A000 OKEECHOBEE PLAZA PROPERTIES MANAGEMENT LLC 4285 21ST STREET SW VERO BEACH FL 32968 \$?1 rTa 5 R. rc-^ � -� < n x •y_:` . R: R - fir; f�� `J�� i i' •l ow WE 3U1�ss SU8JECTf.PARCEL � yr. Ak ,, 4 ..! x-- 71 a Kee 3<, � } G t:_ .f a r . !• 1� Q.^ -mss .- .-. , i+ _ ; y�'el � ��, �- •}.'. '!�,'% ,j�r _ _ r N Avl>ti '° c"t" ; SUBJECT PARCEL �"1�'i 9C� ;'M .fit,' l=" � `�i L .i7Q'i''`'.it�.....� : .' Iter •t rt171bTAlh�`m<^ 7.'✓:+T` ,...-.,e. .'...,' -.. Y �19i�''.:• � �.. '�.` :.� •�..,, t..kr_+� � �`� -iXor. +r '�'� 'T � ++I4rr� ' r � 6� :'• � F _J ...+'�� ,�4 w ' pi I ii - WE AK w ,ut a R4Ali �I+� it lc +'.-" s 'Af ,�. -... _,► _.- - .rte ��'+ff!tir�fl~'YXc7Y+�w►��Et. " l►, '.�Y' - '� i�t t�''' agEPROq$pRpKV61�s oM„XFONFpraN OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 41 Petition No. 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 MAY 30TH 1 2019 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of Signature of Applicant REUVEN ROGATINSKY Name of Applicant (printed or typed) State of Florida County of Okeechobee S- 2-t q Date Sworn to and subscribed before me this e, qday of l `( Personally known to me or produced as identification and did not take an oath. Notary �Wicl State Florida Seal: Y0.Notary Public State of Florida Megan N CampbellMY Commission GG 228741 Expires 10/07/2022 (Rev 9/2017) Page 3 of 11 Staff Report Rezoning Request Prepared for. Applicant. Petition No.: The City of Okeechobee Reuven Rogatinsky W # 0M/ Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R General Information Applicant Reuven Rogatinsky Applicant Phone Number 954.536.6081 :, y Applicant Email Address reuvenr1725@gmail.com Owner of Record Frank Altobello Charitable Remainder Trust III Owner Phone Number 863.610.0592 Owner Email Address fmirby@embargmail.com w,_ ":; :�''• Site Address 700 Block of SW 6th Street Agent/Contact Person Steven L. DobbsT,7 Contact Phone Number 863.824.7644 Contact Email Address sdobbs@stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OA00-00006-D000 Legal Description (from quit claim deed): AND TWO UNPLATtEDPARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THETLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLATBOOK5, PAGE5, PUBLIC RECORDS Of OKEECHOBEE COUNTY. FLORIDA, SECTION 21, TOWNSHIP 11 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORL PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF. THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436; PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89"53'll WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6II1 S'PREET.A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89"53'11" W PST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK202, CITYOF OKEECHOBEE, ADISTANCEOF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG T14E EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET 7'0 THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'1 V WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6'-' STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°04'58" W BST, ALONG THE PAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547.44 FEPT TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; LaRw- pbnnin9 THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF'IHAT PARCEL OF LAND DESCRIBED IN O.R. HOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECH02RE COUNTY, FLORIDA, A DISTANCE OF 704.88 FRET; THENCE BEAR NORTH 00`04'58" WEST, ADISTANCB OF 398.67 PEST TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2- STREET; SAID CURVE CONCAVING TO THB NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLB OF 11"11'52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89"54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89.53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS 1 Staff Report Applicant: Rogatinsky Rezoning Petition No. 19-005-R Request The matter before the Local Planning Agency and City Council is an application to rezone 19.01 acres bounded by SW 10th Ave on the west side, SW 6th Street on the south side, and SW 7th Ave on the east side. The request is to rezone from Holding to Residential Multiple Family. The northern half of the subject property is designated Multi Family Residential on the Future Land Use Map The applicant is concurrently requesting a small scale map amendment to change the land use of the southern half of this property from Single Family Residential to Multi Family Residential 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. Future Land Use, Zoning and Existing Use Existing Future Land Use Single Family Residential Category Multi Family Residential Zoning District Holding Use of Property Vacant/Agricultural Acreage 19.01 Proposed Multi Family Residential Residential Multiple Family Apartment Complex 19.01 Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification Single Family Residential North Zoning District Residential Single Family - One Residential Single Family - Two Existing Land Use Single Family Residential Future Land Use Map Classification Multi Family Residential East Zoning District Residential Multiple Family Existing Land Use Vacant Future Land Use Map Classification J, Single Family Residential Zoning District Residential Single Family One 9 y- South Holding to".x�Am' Existing Land Use Church, Vacant & Single Family `,> ...K " Residential Future Land Use Map Classification Single Family Residential West Zoning District Residential Single Family - One Existing Land Use Church & Single Family Residential LaKu- ptanning Staff Report Rezoning Anal sis Applicant: Rogatinsky Petition No. 19-005-R 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 repeated 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. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request in not contrary to the Comprehensive plan requirements and is currently zoned Holding and the surrounding properties are zoned single family and multi -family." Staff Comment: The northern half of this property is designated multifamily residential on the future land use map (FLUM). The southern half is currently designated single family residential on the FLUM, though the applicant has submitted a concurrent request for a FLUM amendment to designate that property multi -family residential as well. If that requested FLUM amendment is approved, this rezoning request will be consistent with the City's comprehensive plan. Staff has recommended approval of that request. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "The proposed of apartments on multi -family zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations." Staff Comment: Yes, multi -family residential is a permitted use in the multi -family residential zoning district. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as developed parcel instead of undeveloped." Staff Comment: The applicant's proposal to develop this property with an apartment complex will provide housing for the Okeechobee community. An increase in housing is often associated with an increased support for the commercial sectors of the local economy. Additionally, a project of this size will significantly add to the City's tax base, providing the City with increased revenue to fund city initiatives. 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. "The proposed use is appropriate for the location and compatible with the adjacent land uses." pfannibg Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R Staff Comment: This site is an ideal location for infill development, surrounded by uses such as churches, childcare facilities and single family residential development. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property and develop previously undeveloped land." Staff Comment: With appropriate buffering of the adjacent uses, this proposed use should not adversely affect the property values, 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. "The proposed use can be suitable buffered from surrounding unlike uses to the east, west and north. The parcel is bounded to the south by SW 6`" Avenue." Staff Comment: Yes, we agree that buffering should be provided and that buffering should reduce any impacts to the surrounding neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities." Staff Comment: The applicant has submitted a site plan application for the proposed development of this property which shows an estimated 1,456 daily vehicle trips are expected to be generated by the proposed multi -family development, with 98 of those trips occurring during the am peak hour and 108 of those trips occurring during the pm peak hour. These trips should be split up between the proposed north and south ingress/egress points on SW 8th Ave and SW 6th Street. Initial statements from the applicant's traffic engineer state that both roadways are projected to operate acceptably, though further analysis may be required during site plan review to examine the impacts of these additional vehicle trips. In his future land use amendment submission, the Applicant provided letters from the Okeechobee Utility Authority, the Okeechobee School District and Waste Management, all of which indicate that services are available and adequate capacity exists to serve the proposed development. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not impact traffic congestion as this is already a heavily LaRue 4 ptannib9 Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for the additional traffic. To the south, there is a swale along SW 6`h Avenue that will drain to the east to SW 7`h Avenue ditch, a major collector in the City that discharges directly into the Rim Canal adjacent to Lake Okeechobee. This project will not adversely affect public safety. Staff Comment: The applicant has demonstrated that the proposed use should not create traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not been inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Based on the foregoing analysis, we find the requested rezoning to Residential Multiple Family to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. Submitted by: 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 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 Rezoning U +a %& w 1, it$ jr 3.:.. ! --T • n w�u�a +• n u+ae I S W. 2 W ST • •I• ala s + + +� +�wl+s�r•�at.• &W 3RD ST — a tgN+•Ne1NM� S.W. 4 TH ST L .>....�: 202 rsunwna a•� w S.W. 3 TH ST � to + all, • • s • z + — 22 ti Nit 7D n 11 x S.W. ® TH ST Zr A VA 16 to s w ! W. 7 TH T is�412 !1 x rl•IrI•3 a FUTURE LAND USE SUBJECT SITE AND ENVIRONS r v v I u#V 3 _ 20:1 ie W -ft 21 it U 24 n .T. Subject Property Applicant: Rogatinsky Petition No. 19-005-R LAND USE CLASSIMA77ONS SINGLE - FAMILY RESIDENTIAL =OUSE RESIDENTIAL .71 . FAMILY RESIDENTIAL COMMERCIAL ft INDUSTRIAL . PUBLIC FACILITIES EASEMENT — RAILROAD CENTERLINE - HOPKINS MEANDER LINE UNINCORPORATED Staff Report Rezoning Applicant: Rogatinsky Petition No. 19-005-R ZONING SUBJECT SITE AND ENVIRONS 20 IS$. 32 5 4 s I 2061 164 2t = m u Tf- 178 LaRue7 1phnng LL S.W. 2 NFST 14 *is S.W. 3 RD ST 7 41 W 4 TH ST 31il- I -is -i 30 S.W. 6 TH ST Applicant: Rogatinsky Petition No. 19-005-R ZONING SUBJECT SITE AND ENVIRONS 20 IS$. 32 5 4 s I 2061 164 2t = m u Tf- 178 LaRue7 1phnng Staff Report Rezoning 3M Sr IH AERIAL SUBJECT SITE AND ENVIRONS MgKm 9 Applicant: Rogatinsky Petition No. 19-005-R tLP m