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2020-01-21 Ex 06 Ordinance No. 1201 Page 1 of 2 ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL TO RESIDENTIAL MULTIPLE - FAMILY ZONING DISTRICT (PETITION NO. 1 9-006-R); AMENDING THE ZONING MAP ACCO RDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Omar Abuaita has heretofore filed Petition No. 19-006-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 3.26 acres from Industrial to Residential Multiple- Family; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the Applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on December 19, 2019, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such Petition No. 19-006-R to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revis ed Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by th e Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 3.26 acres, as the subject property, located in the City of Okeechobee, to-wit: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, OF BLOCK 39, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; and LOTS 17, 18, 19, 20, 21, 22, 23, 24, 25 AND 26, OF BLOCK 39, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Industrial to Residential Multiple-Family. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1201 Page 2 of 2 SECTION 4: SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (19-005-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the Slate Land Planning Agency or the Administrati on Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 21st day of January, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of February, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John Fumero, City Attorney Exhibit 6 December 19, 2019 N%A V V REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: owner 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. Last recorded warranty deed: 20 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 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. Sigri'�ture�.• Printed Name Date r Omar Abuaita Z I F&Iquestibris re a&g to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of 11 ADDITIONAL INFORMATION REQUIRED FOR A REZONING A Current zoning classification: Industrial Requested zoning classification �ulti-Family Describe the desired permitted use and intended nature of activities and development of the property? B Multi -Family Apartments 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? O 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 2/2019) Page 6 of 11 Casa Bella 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. The 3.26 acres site is currently zoned Industrial, and the surrounding properties are zoned Industrial and Multi -Family making the zoning change compatible with the adjacent lands. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed development 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 zoning change should have a positive impact on the public interest to develop land that has access to all utilities and roads which will increase land value and development potential as a residential use. 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 development of previously undeveloped land. b. 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. The parcel is bounded to the south by NW 91h Street, to the east by NW 5th Avenue, and to the north by the undeveloped NW loth Street ROW. 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 accounted for within the existing 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 existing streets provide adequate capacity for the additional traffic. To the south, there is a swale along NW 9th Street that will drain to the east to the Highway 441 drainage system, which is collected into the pond just south of the NW 14th Street ROW and this pond discharges into the NW 14th Street Ditch then to Taylor Creek. 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. Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 202 NW 5th Street Okeechobee, FL 34972 863-824-6776 File Number: 3488-19 Will Call No.: FILE MUM 2019009528 OR 1? K 830 PG 1298 SHARON ROBERTSON, CLERK & CONPTROLLER OKEECHOBEE COUNTYr FLORIDA RECORDED 09/16/2019 08:33:01 AM ACTT $12r000.00 RECORDING FEES $18.50 [SEED DOC $84.00 RECORDED BY H Pinon P9s 1298 - 1299; (2 P9s) [Space Above This Line For Recording Data[ Warranty Deed This Warranty Deed made this 13th "day of September, 2019 between Selina Abney, a single woman whose post office address is 477 SW 72nd Terrace, Okeechobee, FL 34974, grantor, and Omar Abuaita, a single man whose post office address is 2800 N. Ocean Drive, Unit A23D, Riviera Beach, FL 33404, grantee: (Whenever used herein the terms "grantor" and "grantee" individuals, and the successors and assigns of corporations;; Witnesseth, that said grantor, for and inconsideration of good and valuable considerations to said grantor in hand pal has granted, bargained, and sold to the'Wd grantee, and gr situate, Iying and being in Okeechobee County, Florida to-m Lots 17,18,19,20,21,22,23,24,25 thereof recorded in Plat Book 5, Parcel Identification Number: 3-15-37 and parties to this instrument and the heirs, legal representatives, and assigns of n of TEN AND NOIIOO DOLLARS ($10.00) and other id grantee, the receipt whereof is hereby acknowledged, heirs and assigns forever, the following described land, according to the Plat Florida Lots 1,2,3,4,5,6,7,8,9 and 10, Block 39, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida Parcel Identification Number: 3-15.37-35-0010-00390-0010 Subject to; covenants, conditions, restrictions, easements, reservations an limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2018. In Witness Whereof, grantor has hereunto sot grantor's hand and seal the day and year first above written. DoubleTime* Book830/Page1298 CFN#2019009528 Page 1 of 2 Signed, sealed and delivered in our presence: Witness Name: a Witness %rer-je Maw i—n State of Florida County of Okeechobee (Seal) Selma Anney The foregoing instrument was acknowledged before me this 13th day of September, 2019 by Selina Abney, who L] is personally known or [X] has produced a driver's license as idenatition., [Notary Seal] Notary Public Printed Name: PaWda JL R"On MY Commission Expires: Notary PubkSt POW* A. Rap MY cwnftss" W-D F-*M 062M ft IV Warranty Deed - Page 2 DoubleTime® BookM/Page1299 CFN#2019009528 Paqe 2 of 2 LEGEND: 10 IDENTIFICATION FND FOUND P.B. PLAT BOOK GRAPHIC SCALE PG. PACE (C) CALCULATED DIMENSION (P) PLAT DIMENSION (F) FIELD ( IN FEET) OHU OVERHEAD UTILITY LINE FND 4'k4' CONCRETE MONUMENT 1 INCH 30 FT. ® WELL NO IDEMIFlCATION (INTENDED DISPLAY SCALE- 24'X36' SHEET) © TELEPHONE PEDESTAL (BROKEN) .L GUY ANCHOR SINGLE SUPPORT SIGN BOUNDARY SURVEY SECTION 15 TOWNSHIP 37 SOUTH RANGE 35 EAST I I I UTIUTY POLE SANITARY MANHOLE I I I I I I I T I I I �'''yyyppp I I I I I I LOT P.B. 5. PG. 528 LOP.B. 5B PG.K52B LOT P.B. 5. PG. 52B LOP.B. 5, PC. 520 LOPB1.58LPG. P.B?SB PC.K52�/� L PB. 3.5 LOCK52B P.B. LOP.B. L P.B6.5 die P.B. I I I 5 I I 5, PG. 5� 5, PG. 528 \ ; i-- ----- \\I FNO 1/2' IRON PIPE v I I NO 10EN11FICATXNi ) 0.32' NORM: 099' (TEST I ... " I C/L SDREENIH AVENUE (P) I " Inn n I (NOT IMPROVED) ) " I � I ( g04• 50ff I I " xH4 j S89-49.53-W 512.41' (C) I " ]11 (C) 47.49' (C) 47.49' (C) fi9.99' (C) 49.99' (C) 49.99' (C) 49.99' (C) a9.99' (C) I a9.99' (C) 19.99' C ( ) JII 47.5, 4].5' (P) 47.5' (P) 47,5' (P) ]0.0' (P) 50.0' (P) 50.0' (P) 50.0' (P) 50.0' (P) 50.0' (P) I x SET 1/2' IRON ROD k CAP I I STAMPED'BSM LB 51W" SET 1/2- IRO N ROD �{ STAMPED 'OS. LB 8155' a >III I 1 I I I I I -9-�IU LOT 10, BIOCK 30IT 9,IR017L ]F.S lDf A. BLOCK 30-- LOT 7. BLOCK 30 a LOT B. BLOCK 39 IA'f 0. BIACK 30�� LOT 4, am 30-S' LOT 3, mum ms9 LOT 4 ROCK 39--I IDf 1, BLOCX 30 � n� g a^ P.B. 4 P0. B PJL 4 FO. B �. P.B. 4 P0. 8 m. P.B. 0. P0. 6 ;' PA 0. P0. B v P.6 0. P0. B ;P. P8 0. P4 B - PJL 4 P4 B it c I PA 4 P0. 5 _ P.B. 5, PM B O J r N I LL PARCEL ID: 3-16-37-35-0010-00390-,0010 $ 1.646 ACRES (VACANT) J �'^ ALLEr I SET 1/2' IRON ROD h CA� STAMPED 'B LB 8135' 1/2• IRON ROD R CAP >� STAMPED 'BSM LB 8155' (C) 47.49' (C) 69,98' (C) ♦9.99' (C) 49.99' (C) 49.99' (C) 49.99' (C) 49.99' (C) 49J99' 1,4 (P) 47.5' (P) 70.0' (P) 50.0' (P) 50.0' (P) 50.0' (P) I 50.0' (P) 50.0' (P) 5R.0' N89'48'59"E 512.36' (C) -Er 512.5' P S89'48'S9�N 512.35' (C) O µLEv P.6 51 PG 5 a asw0/i�/ a�l n PA 3. PG 5 512.5' (P) n I a].l9' (C) 4].49' (C) 47.49' (C) fi9.98' (C) 49.99' (C) 10.99' (C) i 49.99' (C) I 49.99' (C) 49.99' (C) a9.99' (C) 47.5' (P) 47.5' (P) 47.5- (P) 70.0' (P) 50.0' (P) 50.0' (P) 50.0' (P) 50.0 (P) SOD' (P) 50.0' (P) SET 1/2• IRON ROD i STAMPED 'BSM LB755LET GIPPARCELID: 'I, ! SET 1/2' RON ROD 3 , PG 5 STAMPED 'BSM LB 8155-000-00390=01701.646 ACRES To (VACANT)17, ROCK 3 a LOT 14 RACK ]9u a LOT 19, ROCK 39u ov^, tm 20. RDa( Jo u v lDf 21, BIOCK J9 �g lM 22, RDOL 399u tOT 23, ROCK 39�,a tDT 2{, ROCK 39�-Lm 2B, ROCK 39 E� LOT 28. RDCX 39„1L 4 P4 5 PJL 4 P0. B `- P.B. 0. P0. 5 P.B. 4 PO, 8 P.B. 4 PO. a P.4 4 P0. 5 " P.B. 5, PO. 5 ;' P.B. 0. P4 5 Pa 4 m B � P.B. 0. P0. 5 .2- n" o gs s$ n$ O b O m� 3 n ng-------'gl-------�' . , i N mg ------- -s- ---- ---4 SET 1/2" IRON ROD 8: CAP 'BSM SET 1/2' IRON ROD B CAP I STAMPED LB 8/55' 1 6 I STAMPED 'BSM LB 8155' 0 Iow.F 147.48' (C) l7.4B' (C) 47.5' ) RaL P) 47,48' (C) {7.5' (P) 69.97' (C) 70.0' (P) 49.98- (C) l9.9B' (C) 50.0' (P) 50.0' (P) 49.98' (C) 50.0' (P) ♦9.98' (C) 50.0' (P) 49.98' (C) 49.98' (C) 50.0' (P) 50.0' (P) - OHU OHU CHU CHU CHU CHU CHU OHU DHU CHU M--N89-48'06•E--b-- CHU CHU OHU OHU (� 4'4)F"'- swNl 512.29- (C) SOUL rtR¢ a �: 512.5' P CCLLFIFTEDdfN AVENUSTREEE(P) �g LOT 10, BLOCK 46 LOT 9, BLOCK 46 I LOT 8, BLOCK 46 I LOT 7, BLOCK 45 LOT 6. BLOCK 46 I LOT 5. BLOCK 46 I LOT 4, BLOCK 39 LOT 3. BLOCK 46 LOT 2, BLOCK 46 LOT 1, BLOCK 46 I P.B. 5, PG, 5 I P.B. 5, PG. 5 P.B. 5, PG. 5 P.B. 5. PG. 5 P.B. 5, PG. 5 I P.B. 5, PG. 5 P.B. 5.PG, 5 I P.B. 5, PC. 5 I P.B. 5. PG. 5 I P.B. 5, PG. S r a P N n w a K / LU w L t a �. N U, Ld ' w ° e � o�N Q � c m � � m _ O Z m u m ...,0 Z Nam THIS SURVEY � .,�_.. co(n J o LOCATION MAP: LEGAL ODTESCRIPTION:T79 (O.R.B. 830, PG. 1298) LOTS 17. 18, 19. 20, 21, 22. 23. 24. 25, AND 26, BLOCK 39. CITY OF OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2. 3, 4. 5, 6, 7, B. 9, AND 10. BLOCK 39. CITY OF OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SURVEYOR'S NOTES: N8749'53'E 669.89' (C) 670.0- 1. THE SURVEY DATE IS OCTOBER 14, 2019. (P) 2. THIS IS A BOUNDARY SURVEY. AS DEFINED IN CHAPTER 5J-17.050(11) OF THE NE CORNER BLOCK 38 FND 5/8• IRON ROD R CAP FLORIDA ADMINISTRATIVE CODE. STAMPED'HOOVER LB 6329_ 3. THIS SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 5. COPYRIGHT Q 2019 BY BSM h ASSOCIATES. INC. 6. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH, AND ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983. 2011 ADJUSTMENT. THE BEARING BASE FOR THIS SURVEY IS THE SOUTH RIGHT OF WAY LINE OF SIXTEENTH AVENUE, SAID LINE BEARS N 89'49'53" E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. 7. THIS SURVEY DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE COMMITMENT, OPINION, OR ABSTRACT. DURING THE COURSE OF THE SURVEY SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL. B. THE LEGAL DESCRIPTION OF THE LAND CONTAINED IN THIS BOUNDARY SURVEY IS BASED ON THE DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 830. PAGE 1298, AS RECORDED IN THE PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 9. THIS SURVEY DELINEATES THE LOCATIONS OF THE LEGAL DESCRIPTIONS ON THE GROUND, BUT DOES NOT DETERMINE OWNERSHIP OR PROPERTY RIGHTS. 10. UNDERGROUND IMPROVEMENTS, IF ANY, WERE NOT LOCATED EXCEPT AS SHOWN. 11, ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM OKEECHOBEE COUNTY PROPERTY APPRAISER OFFICE. 12. AERIAL IMAGERY SHOWN HEREON WAS OBTAINED FROM THE LAND BOUNDARY INFORMATION SYSTEM (LABINS) DATED 2018 AND IS SHOWN FOR INFORMATIONAL PURPOSES ONLY. c 13. SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE X PER FEMA MAP NUMBER 12093C, PANEL NUMBER 0415C, WITH AN EFFECTIVE DATE OF 07/16/15. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT IT MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. FOR THE BFNFFIT OF THE FOIII OVANO PARTIES ONLY: 1) OMAR ABUAITA 2) FOSLER, LLC. 3) STEVE 60B8 NGINEERING,INC. FO E FIR B ASS I S. INC. LS t _____---DATE_- ` RICHARD E. BARNES III PROFESSIONAL SUR ✓FYOR AND MAPPER STATE OF FLORIDA LICENSE NO. 7074 rn Lli I- LLJ cn � 0 Ln p 0) W Z LiJ m O Z -7 m v W W Y O N]� V a ti AL Al`S. #Aia:4 J )FT" _ ) " i -... ';j 1K''ta '7k r-if �rr I x• 4+��:7 �' j. i ti,.skt �i L s'.. .s i'- irw 1 rti ' i � I ..1 .t 1 ; ',• -1i tE 17 :. c4 2 21 227. 23 24 �Y 26I IN li 1...3zeL - +F + Adi gyp t+ i4:_�si.1 ..��, .2,�.�_ Z.fi �_ � ..-., dq _, {I }�i'fra'a;, ' •. .� i ;.i 10 - 5��.,, '6 5 a4 3i 2 '� - - 2y��,,ti _ - 13 12 10 Ra '-� '-t4_ 3 2 'j 15 14 if 21, ma THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND HE OKEECHOBEE COUNTY PROPERTYAPPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON ;,•.i' - ,• r ,e rr rF SUBJECT PARCELS f oil jl l Y'' •a 1 SUBJECT PARCELS I �, i 4 r %p 1• OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 3-15-37-35-0010-00290-011A BE A MAN BUY LAND LLC 4260 SE FEDERAL HWY STUART FL 349974937 1 3-15-37-35-0010-00450-0010 C W ROBERTS CONTRACTING INC 3372 CAPITAL CIR NE TALLAHASSEE FL 323083710 1 3-15-37-35-0010-00280-001A HAMRICK TRUST % H G CULBRETH P 0 BOX 848 OKEECHOBEE FL 349730848 1 3-15-37-35-0010-00210-0060 HANCOCK MICHAEL & HEATHER LIV 1234 NE 131ST LN OKEECHOBEE FL 349728529 1 3-15-37-35-0010-00210-0070 HANCOCK SAMMY & ANN & HANCOCK 990 SE 23RD ST OKEECHOBEE FL 349745392 1 3-15-37-35-0010-00210-0080 HANCOCK SAMMY, ETAL 990 SE 23RD ST OKEECHOBEE FL 349745392 1 3-15-37-35-0010-00290-0110 KNIGHT ROBERT W 1010 NW 5TH AVE OKEECHOBEE FL 349740000 1 3-15-37-35-0010-00210-0040 LOWRY SHERA L 505 NW 12TH STREET OKEECHOBEE FL 34972 1 3-15-37-35-0010-00290-0010 OKEECHOBEE COMMONS, LTD. C/O PROPERTY TAX EAGLE 3338-L1 COUNTRY CLUB RD SUITE 236 VALDOSTA GA 316050000 1 3-15-37-35-0010-00200-OOAO OKEECHOBEE LOTS LLC C/O DAVID MICHAEL RUBIN 5560 CLIPPER CT NEW PORT RICHIE FL 346523006 1 3-15-37-35-0010-00460-0220 SEABOARD COAST LINE RAILROAD %WALPOLE FEED & SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FL 34974 1 3-15-37-35-0010-00380-0070 TANGLEWOOD LTD C/O A & M PROPERTIES INC PO BOX 330 LAKELAND FL 338020000 1 3-15-37-35-0010-00470-0100 WALPOLE FEED AND SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FL 34972 1 3-15-37-35-0010-00460-022A WALPOLE JAY L PO BOX 1723 OKEECHOBEE FL 349731723 1 3-15-37-35-0010-00460-0010 WALPOLE JAY L & STEPHANIE PO BOX 1723 OKEECHOBEE FL 349731723 1 3-15-37-35-0010-00470-0010 WALPOLE KEITH A 2850 SW 16TH ST OKEECHOBEE FL 34972 1 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 September 11 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 917 day of • Signat�r�ef pli Omar Abuaita Name of Applicant (printed or typed) State of Florida County of Okeechobee d X-90t /�' I Q Date/ - f Sworn to and subscribed before me thisday of 2a f!!T Personally known to me or produced as identification and did not take an oath. Y&4 "I, Notary Public, State of Florida Seal: `,?o�►�' �e��,; MICHAEL J. RYAN Notary Public - State of Florida ;N" «o� Commission # FF 962923 My Comm. Expires Mar 4, 2020 lll 111\\\ l.. '_"'.'..^. •._.",.�-, Wes, .�" ,�' `...'T'�i�. (Rev 2/2019) Page 3 of 11 Casa Bella Apartments (Description of requested land use change and reason for request) Mr. Omar Abuaita, property owner of 3.26 acres of land to the south of the previously permitted Casa Bella development, is proposing a change of zoning on the subject property. This property is located in Section 15, Township 375, and Range 35E, with the property's parcel ID 3-15-37-35-0010-00390-0010 and 3-15-37-35-0010-00390-0170. It is currently located in the City of Okeechobee with a current zoning of Industrial. The primary intent of rezoning this parcel is to amend the zoning classification to Multi - Family. The proposed zoning is compatible with adjacent lands at this location surrounded by Single Family, Industrial other Multifamily zoned lands. This application requests the City to grant a zoning on this parcel from the existing Industrial to Multi -Family Residential. The property can be accessed off NW 9t" Street and NW P Avenue. Mr. Abuaita requests that the Planning Board recommend to the City Council to grant the requested zoning amendment of this parcel of land to Multi -Family Residential. 11/1/2019 MOD / Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel: <D. 3-15-37-35-0010-00390-0170 ». Owner & Property Info Result: 1 of 1 ABUAITA OMAR Owner 2800 N OCEAN DR UNIT A23D RIVIERA BEACH, FL 334043232 Site NW 9TH ST, OKEECHOBEE CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & Description' PLAT BOOK 5 PAGE 5) LOTS 17 TO 26 INC BLOCK 39 Area 1.63 AC S/T/R 15-37-35 Use Code"* RIVERS AND (009500) Tax 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 2018 Certified Values 2019 Certified Values Mkt Land (2) $815 Mkt Land (2) $815 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (2) $2,506 XFOB (2) $2,506 Just $3,321 Just $3,321 Class $0 Class $0 Appraised $3,321 Appraised $3,321 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $3,321 Assessed $3,321 Exempt $0 Exempt $0 county:$3,321 county:$3,321 Total city:$3,321 Total city:$3,321 Taxable other:$3,321 Taxable other:$3,321 school:$3,321 school:$3,321 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. 2019 Certified Values updated: 10/24/2019 Aerial Viewer Pictometery Google Maps 2019 '-' 2018 2017 ' 2015 2014 Sales ��� „- R� 7• :.. ri. yid 1 Jft Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (codes) RCode 9/13/2019 $12,000 830/1298 WD I Q 05 (Multi -Parcel Sale) - show 3/9/2009 $100 667/0251 QC I U 11 'w 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) FENC 2 5'C/LINK 2007 $177.00 47.000 O x O x 0 PD (050.00) FENC 2 5'C/LINK 2007 $2,329.00 621.000 0 x 0 x 0 PD (050.00) 1'w Land Breakdown Land Code Desc Units Adjustments Eff Rate Land Value 009500 LAKES (MKT) 0.150 AC 1.00/1.00 1.00/1.00 $500 $75 009500 LAKES (MKT) 1.480 AC 1.00/1.00 1.00/1.00 $500 $740 g4b.okeechobeepa.com/gis/ 1/2 11/1/2019 T_ N__L� I -r Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel: « 3-15-37-35-0010-00390-0010 �» Owner & Property Info ABUAITA OMAR Owner 2800 N OCEAN DR UNIT A23D RIVIERA BEACH, FL 334043232 Site NW 9TH ST, OKEECHOBEE CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & Description* PLAT BOOK 5 PAGE 5) LOTS 1 TO 10 INC BLOCK 39 Area 1.629 AC JSMR 15-37-35 Use Code** RIVERS AND (009500) 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 2018 Certified Values 2019 Certified Values Mkt Land (1) $814 Mkt Land (1) $814 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (1) $555 XFOB (1) $555 Just $1,369 Just $1,369 Class $0 Class $0 Appraised $1,369 Appraised $1,369 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $1,369 Assessed $1,369 Exempt $0 Exempt $0 county:$1,369 county:$1,369 Total city:$1,369 Total city:$1,369 Taxable other:$1,369 Taxable other:$1,369 school:$1,369 schooi:$1,369 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. 2019 Certified Values updated: 10/24/2019 Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 Sales IF AA r" Zio Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 9/13/2019 $12,000 830/1298 WD I Q 05 (Multi -Parcel Sale) - show 3/9/2009 $100 667/0251 QC I U 11 9/1/1986 $0 282/0631 WD V U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Blt Base SF Actual SF Bldg Value NONE = Extra Features & Out Buildings (codes) Code Desc Year Blt Value Units Dims Condition (% Good) FENC 2 I 5'C/LINK I 2007 I $555.00 I 148.000 O x O x 0 PD (050.00) Land Breakdown Land Code Desc Units Adjustments Eff Rate Land Value 009500 I LAKES (MKT) I 1.629 AC I 1.00/1.00 1.00/1.00 $500 $814 g4b.okeechobeepa.com/gis/ 1/2 Future Land Use Amendment Traffic Analysis Casa Bella City Okeechobee, FL Prepared for: Fosler, LLC 310 Lake Shore Drive, Apt #3 Lake Park, Florida Prepared by: 4acKenzie Engineering & Planning, Inc. 1172 SW 30" Street, Suite 500 Palm City, FL 34990 (772) 286-8030 �/ No 8171 1` Stl E F Digitally signed by Shaun G MacKenzie Date: 2019.10.21 17:26:14-04'00' 1930111 October 2019 © MacKenzie Engineering and Planning, Inc. Shaun G. MacKenzie P.E. CA 29013 PE Number 61751 4acKenzie 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 northeast corner of Northwest 9`h Street and Northwest 5" Avenue, Okeechobee, FL (PCN: 3-15-37-35-0010-00390-0170, 3-15-37-35- 0010-00390-0010). The subject parcel encompasses 3.26 acres, the applicant proposes to change the future land use from Industrial to Multi -Family. Future Land Use — Maximum Net Increase in External Trips The future land use amendment trip generation resulting change is -1,786 daily, -153 AM peak hour (-134 in/-19 out), and -148 PM peak hour (-22 in/-126 out). The project satisfies the Public Facilities Impacts Small Scale Amendment within the City of Okeechobee's Comprehensive Plan. 193001 Pagei P-VacKenzie Engineering & Planning, Inc. TABLE OF CONTENTS EXECUTIVE SUMMARY................................................................................................. i TABLEOF CONTENTS. ................................................................................................... ii LISTOF FIGURES............................................................................................................ ii LISTOF TABLES..............................................................................................................ii INTRODUCTION.............................................................................................................. I 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. Future Land Use Trip Generation .................... ............................................ 3 193001 Page ii 4acKenzie Engineering & Planning, Inc. INTRODUCTION A future land use amendment is proposed on 3.26 acres located at northeast corner of Northwest 9`h Street and Northwest 51h Avenue, Okeechobee, FL (PCN: 3-15-37-35-0010-00390-0170, 3-15-37- 35-0010-00390-0010). The amendment proposes to change the future land use (FLU) from Industrial to Multi -Family. Figure 1 illustrates the general site location. The FLU amendment traffic analysis will examine the impacts of changing 3.26 acres of Industrial 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 N < 11W 11th 5t 0 Okeechobee Commons Gilbert Oil Company'`;;' tglewood artments NW 9th St NW 9th St Okeechobee Asphalt $ Ready A N NW 11th St z a Church of God r m of Prophecy NW loth: NW 9th St Walpole OkeechobeeQ Amtrak Station 193001 Pagel 4acKenzie Engineering & Planning, 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 FUTURE LAND USE CHANGE ANALYSIS TRIP GENERATION Existing Future Land Use The existing FLU for the proposed property is 3.26 acres of Industrial Park. Based on City of Okeechobee Comprehensive Plan, Industrial Development shall not exceed a floor area ratio of 3.00. The total Industrial Park land use is 426,018 square feet (SF) calculated as follows: Industrial Park: 3.26 acres x 3.00 x 43,560 SF/acre = 426,018 SF The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10,h Edition) and use Land -Use 130 (Industrial Park). The existing FLU has a trip generation potential of 1,995 daily, 170 AM peak hour (138 in/32 out), and 170 PM peak hour (36 in/134 out) trips. Proposed Future Land Use The proposed Multi -Family FLU is 3.26 acres has a maximum density of 10 units per acre, for a total of 33 units according to the City's Comprehensive Plan, calculated as follows: Multi -Family: 3.26 Acres x 10 Units/Acre = 33 DU The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (loth Edition) and use Land -Use 220 (Multi -Family Housing Low -Rise). The proposed FLU has a trip generation potential of 209 daily, 17 AM peak hour (4 in/ 13 out), and 22 PM peak hour (14 in/8 out) trips. 193001 Paget 4acKenzie Engineering &Y 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 1 displays the resulting trip generation. The resulting change is -1,786 daily, -153 AM peak hour (-134 in/-19 out), and -148 PM peak hour (-22 in/-126 out). The net impact of the change is less than 0 peak hour trips. This impact decreases when changing land use from Industrial to Multi -family. Adequate transportation capacity is available to serve the project. Table 1. Future Land Use Trip Generation Casa Bella Future Land Use Trip Generation Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Trips Existing Site Traffic Industrial Park 426 1000SF 1,995 170 138 32 170 36 134 Subtotal PM/DAILY 1,995 170 138 32 170 36 134 NETEXISTING TRIPS 1,995 170 138 31 170 36 134 Total Existing Driveway Volumes 1,995 170 138 32 170 36 134 Proposed Site Traffic Multifamily Housing(Low-Rise) 33 DU 209 17 4 13 22 14 8 209 17 4 13 22 14 8 Subtotal PM/DAILY NET PROPOSED TRIPS 209 17 4 13 22 14 8 Total Proposed Driveway Volumes 209 17 4 13 22 14 8 NET CHANGE IN TRIPS (FOR THE PURPOSES OF CONCURRENCY) (1,786) (153) (134) (19) (148) (22) (126) NET CHANGE IN DRIVEWAY VOLUMES (1,786) (153) (134) (19) (148) (22) (126) Note: Trip generation was calculated using the following data: Pass -by Rate AM Peak Hour PM Peak Hour Land Use ITECode. Unit Daily Rate in/out Rate in/out Equation Multifamily Housing(Low-Rise) 220 DU T = 7.56 (X) +-40.86 0% 23177 Ln(T) = 0.95 Ln(X) + -0.51 63137 Ln(T) = 0.89 Ln(X) + - 0.02 Industrial Park 130 1000SF Ln(T) = 0.52 Ln(X) + 4.45 0% 81/19 0.40 21[79 0.4 s: jobs - share drive1193 - dobbs1001 - casa bellaltrafficicomprehensive plan traffic studyl[casa bells flrture land use.xlsx]tgen prop Copyright ©2019, MacKenzie Engineering and Planning, Inc. 193001 Page3 4acKenzie 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 northeast corner of Northwest 9" Street and Northwest 51h Avenue, Okeechobee, FL (PCN: 3-15-37-35-0010-00390-0170, 3-15-37-35-0010-00390- 0010). The subject parcel encompasses 3.26 acres, the applicant proposes to change the future land use from Industrial to Multi -Family. Future Land Use — Maximum Net Increase in External Trips The future land use amendment trip generation resulting change is -1,786 daily, -153 AM peak hour (-134 in/-19 out), and -148 PM peak hour (-22 in/-126 out). The project satisfies the Public Facilities Impacts Small Scale Amendment within the City of Okeechobee's Comprehensive Plan. 193001 Page e acKenzie Engineering & Planning, Inc. APPENDICES 193001 Page 5 The Casa Bella Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners FLU Exhibit If. :` --_-•a :.S .. 7{�>S 7cyCfi� � < tiF•aX .a..r.�+=,7As. `,�"i �.%i -t... �r 4.„ '` * J _�.�.1 y Multi Family �y S r•�.by_ a�y*,y. ` ` .. K "3 Single Family Y4-. -W. - - Multi Family Will ji Multi Family Industrial - t �.•�, !.� -'., it1 'i� � �� �_ •. ire:-�..• y �- • ' '7 � S;"':Y vas _ M . •:�"�i•,' c4� 7'' i �. _ A". Subject Property Industrial s - '� •� Single Subject Property Industrial 5 j,��.• .. Industrial Industrial -� Industrial 1i Single Family 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. Pen-nitted 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 •• � An industrial park contains a number of industrial or related facilities. It is characterized by a mix of manufacturing, service, and warehouse facilities with a wide variation in the proportion of each type of use from one location to another. Many industrial parks contain highly diversified facilities —some with a large number of small businesses and others with one or two dominant industries. General light industrial (Land Use 110) and manufacturing (Land Use 140) are related uses. Additional Data The sites were surveyed in the 1980s, the 2000s, and the 2010s In California, Georgia, New Jersey, New York, Ontario (CAN), and Pennsylvania. Source Numbers 106, 162, 184, 251, 277, 422, 706, 747, 753, 937 20 Trip Generation Manuat 10th Edition • Volume 1 Data - Industrial ¢Land Uses 100-199) 1W%Z7 Industrial Park (130) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban ,Wnber of Studies. 27 1000 S% Ft. GFA,- 762 Directional DistribuWn: 500,1� entering, 5M exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Menage Rate 137 Data Pint anti Fritiatinn Zange of Rates 1-41-14-98 Standard Deviation 2-60 wz-- Trip Generation Manual 10th Edition - Volume 2. Data - Industrial (Land Uses 100-199) 21 Industrial Park (130) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 am SettinglLocation: General Urban/Suburban Nunber of Studies, 31 1000 Sq. Ft. GFA' 776 Directional Distribution' 8 1 %entering, I 91/o exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 0.40 0.10-2.13 0.37 Data Plot and Equation 0 22 Trip Genetafion Manual 10th Eddion - Volume 2: Data - Industrial (Land Uses 100-199) wz-- Industrial Park (130) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Mekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 pm Setting/Location: General Urban/Suburban Nunber of Studies: 32 1000 Sq- Ft. GFA' 720 Directional DistribuWn: 21% entering, 79%, exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 0.40 0.10-2.85 W CL Standard Deviation 0-41 x x suo X x. x x x IGO x X X x x x M x x 1XI x x A. x W, 500 1,000 1.5rA 2.000 2.500 X = 1000 Sq. Ft GFA X StudySite Rtted curve Equation. Not Given - - - - Average Rate R� .... Trip Generation Manual 10th Edition - Volume 2: Data - Industrial (Land Uses 100-199) 23 Land Use:220 Multifamily Housing (Low -Rise) Description Low-rise multifamily housing includes apartments, townhouses, and condominiums located within the same building with at least three other dwelling units and that have one or two levels (floors). Multifamily housing (mid -rise) (Land Use 221), multifamily housing (high-rise) (Land Use 222), and off -campus student apartment (Land Use 225) are related land uses. Additional Data In prior editions of Trip Generation Manual, the low-rise multifamily housing sites were further divided into rental and condominium categories. An investigation of vehicle trip data found no clear differences in trip making patterns between the rental and condominium sites within the ITE database. As more data are compiled for future editions, this land use classification can be reinvestigated. For the three sites for which both the number of residents and the number of occupied dwelling units were available, there were an average of 2.72 residents per occupied dwelling unit For the two sites for which the numbers of both total dwelling units and occupied dwelling units were available, an average of 96.2 percent of the total dwelling units were occupied. This land use included data from a wide variety of units with different sizes, price ranges, locations, and ages. Consequently, there was a wide variation In trips generated within this category. Other factors, such as geographic location and type of adjacent and nearby development, may also have had an effect on the site trip generation. Time -of -day distribution data for this land use are presented in Appendix A. For the 10 general urban/suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7A 15 and 815 a.m. and 4:45 and 5:45 p.m., respectively. For the one site with Saturday data, the overall highest vehicle volume was counted between 9:45 and 1 OA5 a.m. For the one site with Sunday data, the overall highest vehicle volume was counted between 11,45 a.m- and 12-,45 p-m. For the one dense multi -use urban site with 24-hour count data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:00 and 8:00 a.m. and 6:15 and 7:15 p-m., respectively - For the three sites for which data were provided for both occupied dwelling units and residents, there was an average of 2.72 residents per occupied dwelling unit. The average numbers of person trips per vehicle trip at the five general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows- * 1-13 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m. * 1-21 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. ZTrip Generation Manual 10th Edition - Volume 2: Data - Residential (Land Uses 200-299) 29 twS7 The sites were surveyed in the 1980s, the 1990s, the 2000s. and the 2010s in British Columbia (CAN), California, District of Columbia, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Minnesota, New Jersey, New York, Ontario, Oregon, Pennsylvania, South Dakota, Tennessee, Texas. Utah, Virginia, and Washington, It is expected that the number of bedrooms and number of residents are likely correlated to the number of trips generated by a residential site. Many of the studies included in this land use did not indicate the total number of bedrooms. To assist in the future analysis of this land use, it is important that this information be collected and included in trip generation data submissions. Source Numbers 168, 187, 188, 204, 211, 300, 305, 306, 319, 320, 321, 357, 390, 412, 418, 525, 530, 571, 579, 583, 864, 868, 869, 870, 896, 903, 918, 946, 947, 948, 951 30 Trip Generation Manuel. 10th Edition - Volume 2. Data - Residential (Land Uses 200-20) =62-- INSZ7 Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban NLgnber of Studies, 29 A.vq. Num. of Dwelling Units: 168 Directional Distribution: 50% entering, 51Y% eAng Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 7.32 4-45-10-97 1.31 Data Pint anti Faitatinn Ner Trip Generation Manual 10th Edition - Volume 2: Data - Residential (Lard 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 am Setting/Location: General Urban/Suburban NLffnber of Studies: 42 Avg- Klum_ of Dweling UrNts, 19,99 Directional Distribution: 23% entering, 77% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.46 OA8 - 0.74 0_12 w C. x x 200 Irx x x x x x x x 100 X X xx x x x 200 400 6W X= Number of Dwelling Units X StudySite Fitted Curve - - - - Average Rate Fitted Curve, Equation. Ln(T) = 0.95 Ln(X) - 031 Rz= 0.00 32 Trip Generation Manual 10th Editon - Volume 2, Data - Residential (Land Uses 200-299) W=__ 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 prn. Setting/Location: General Urban/Suburban Nunber of Studies, 50 A.vg. Num, of Dwelling units: 187 Directional Distribu wn: 63% entering, 37% exiting Vehicle Trip Generation per, Dwelling -Unit Average Rate Range of Rates Standard Deviation 0.56 0.18-1,25 0.16 400 x X� x 200 x x 'x x xx x 100 x x � x 200 400 aw X= Number ofDwelting Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Squation. Ln(T) = 0.89 Ln(X) - 0.02 Rx= 0.06 WTrip Generation Manual 10th Edition - Vokarne 2: Data - Residential (Land uses 200-299) 33 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Omar Abuaita Petition No.: 19-006-R Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 1 General Information Owner/Applicant Omar Abuaita Applicant Phone Number 561-261-6896 Applicant Email Address Randy@twodrunkengoats.net Applicant Address 2800 N Ocean Drive, Unit A23D Rivera Beach, FL 33404 Site Address NW 9th Street Agent/Contact Person Steven L. Dobbs Contact Phone Number 863.824.7644 Contact Email Address sdobbs@stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 3-15-37-35-0010-00390-0170, 3-15-37-35-0010-00390-0010 Legal Description (from warranty deed) Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26, Block 39 CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, FL Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 Block 39, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, FL Request The matter before the Local Planning Agency and City Council is an application to rezone 2.36 acres bounded by NW 8th Ave on the west side, NW 10th Street on the north side, and NW 5th Ave on the east side. The request is to rezone from Industrial to Residential Multiple Family. The applicant is concurrently requesting a small scale map amendment to change the land use of this property from Industrial 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. Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 2 Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Category Industrial Multi Family Residential Zoning District Industrial Residential Multiple Family Use of Property Vacant Multi-Family Apartments Acreage 3.26 acres 3.26 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are 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. The 3.26 acres site is currently zoned Industrial, and the surrounding properties are zoned Industrial and Multi- Family making the zoning change compatible with the adjacent lands.” North Future Land Use Multi-Family Residential Zoning District Residential Multiple Family Existing Land Use Vacant East Future Land Use Single Family Residential Zoning District Multi Family Residential Existing Land Use Residential Multiple Family South Future Land Use Industrial Zoning District Industrial Existing Land Use Materials Processing West Future Land Use Industrial Zoning District Industrial Existing Land Use Materials Processing Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 3 Staff Comment: If the applicant’s request to change the future land use of this parcel from industrial to multi-family is approved, then we agree that this rezoning will be consistent with the City’s Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. “The proposed development of apartments on Multi-Family zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations.” Staff Comment: Yes, an apartment complex is a permitted use in the RMF zoning district. 3. The proposed use will not have an adverse effect on the public interest. “The proposed zoning change should have a positive impact on the public interest to develop land that has access to all utilities and roads which will increase land and development potential as a residential use.” 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. 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.” Staff Comment: The subject property contains an old mining pit and has been otherwise vacant for many years. The applicant’s proposal to join this property with the parcels to the north, develop an apartment complex and utilize the mining pit for stormwater retention will create infill development between existing industrial uses and residential uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. “The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property and development of previously undeveloped land.” Staff Comment: The existing industrial use to the west of the subject property will be allowed to continue without the need to provide any additional site improvements or increased buffering. However, if redevelopment of the site occurs in the future and the industrial map designations remain, any structure will have to meet the increased setbacks that are required for abutting residential. Instead of the currently required 15 foot setback, the required side setback for structures would be 40 feet. However, this should not be a major encumbrance on redevelopment of the neighboring property as it is nearly 400 feet wide. Other than this minor consideration, the proposed use should not be a deterrent to the development of adjacent property and should not adversely affect property values or living conditions. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 4 of any nuisance or hazard to the neighborhood. “The proposed use can be suitable buffered from surrounding unlike uses to the east. The parcel is bounded to the south by NW 9th Street, to the east by NW 5th Avenue, and to the north by the undeveloped NW 10th Street ROW.” Staff Comment: Buffering will be an important consideration for this project, not only to reduce the impacts of this development from surrounding uses, but also to reduce the impacts of the existing industrial use to the west from this development. The proposed use can be buffered and buffering will be considered during 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. “The use will not create density patterns that would overburden any public facilities. The potential development impacts will be accounted for within the existing available amenities.” Staff Comment: The maximum allowable density of this property is 35 multi-family dwelling units. In the Applicant’s corresponding future land use amendment submission, letters are provided 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 vehicle trips generated by the proposed development will not affect the level of service of local roadways. 8. 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 existing streets provide adequate capacity for the additional traffic. To the south, there is a swale along NW9th Street that will drain to the east to Highway 441 drainage system, which is collected into the pond just south of the NW 14th Street ROW and this pond discharges into the NW 14th street Ditch then to Taylor Creek. 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. Additional details should be provided in the site plan package that will be addressed during the site plan review process. 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. Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 5 Recommendation 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: Ben Smith, AICP Sr. Planner November 27, 2019 Planning Board Public Hearing: (tentative) December 19, 2019 City Council Public Hearings: (tentative) January 21, 2020 and February 4, 2020 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 6 FUTURE LAND USE SUBJECT SITE AND ENVIRONS Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 7 ZONING SUBJECT SITE AND ENVIRONS Staff Report Applicant: Omar Abuaita Rezoning Petition No. 19-006-R 8 AERIAL SUBJECT SITE AND ENVIRONS