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1201 #19-006-R IND to RMFORDINANCE 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. 19-006-R); AMENDING THE ZONING MAP ACCORDINGLY; 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 revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 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 1 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 Administration 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. ATTE 2� Lane Gainiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and ATT S Lane Gamiotea, CMC, City Clerk REVIEWE L ICIENCY: John Fumero, City Attorney Dowling R. Watford, Jr., Mayor Final Public Hearing this 4t" day of Febr-uarv, 2020. Dowling R. W tford, �r., Mayor Ordinance No. 1201 Page 2 of 2 City of Okeechobee Date: I 0- -)Q Petition No. /q-00& General Services Department Fee Paid: q 47. 80 Jurisdiction: 55 S.E. 3rd Avenue, Room 1011S Hearin _�� I 2" Hearin g° 9 l -Lf -a ¢ oi-y-C Okeechobee, Florida 34974-2903 Publication Dates: Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Notices Mailed: 0-11-1 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): omar Abuaita 2 Owner mailing address: 2800 N. Ocean Drive, Unit A23D, Riveria Beach, FL 33404 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: randy@twodrunkengoats.net 5 Name of contact person (state relationship): Steve L Dobbs - Consultant 6 Contact person daytime phone(s): 863-824-7644 PROPERTY INFORMATION Property address/directions to property: Block 28, NW 5th Ave Okeechobee, FL 34972 7 North Highway 441 Turn left onto NW 9th Street, Turn Right onto NW 5th Ave. Parcels starts on the corner of 9th Street & 5th Ave Describe current use of property: Vacant 8 Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. Vacant 9 Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 3.259 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: Multi -Family East: Multi -Family South: Industrial West: Industrial 14 Existing zoning: Industrial Future Land Use classification: Industrial 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 ( ) variance 17 Parcel Identification Number: 3-15-37-35-0010-00390-0170,3-15-37-35-0010-00390-0010 (Rev 2/2019) Pa,,c; 1 of! 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 j Printed Name Date r Omar Abuaita For quest ons re �.ing to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2ofII 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: . 9/1-1/20-19 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 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 j Printed Name Date r Omar Abuaita For quest ons re �.ing to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2ofII 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 ADDITIONAL INFORMATION REQUIRED FOR A REZONING A tes �1,=o., 10,o„ t,hp Current zoning classification: Industrial Requested zoning classification Multi-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? ( 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 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. 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. 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. 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 10 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. 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 4/7 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" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: 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, Florida Parcel Identification Number: 3-15-37-35-0010-00390-0170 and Lots 1,2,3,4,5,6,7,8,9 and 10, Block 39, CM OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, lo.-ida Parcel Identification Number: 3-15-37-35-0010-00390-0010 Subject to; covenants, conditions, restrictions, easements, reservations and 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 set grantor's hand and seal the day and year first above written. DoubleTimeM Book830/Page1298 CFN#2019009528 Page 1 of 2 11111!1 1111111lII IIi1! 111111111111111111 • FILE HUM 2019009528 OR BI's 830 PG 1298 t- TiARON RQBER 96NF CLERK & COMPTROLLER OKEECHOBEE COUNTYr FLORIDA RECORDED l]9/ifr/2t119 C18:33:01 AM AMT $12 r 1)!) Prepared by and return to: G 1-- 1--Ea . L RECORDING FEE:. �1�� �0 Patricia A. Ragon DEED DOC: $84. nA RECORDED BY M Pinon Clear Title & Legal Services f'9s 1298 - 1299; (2 p9s ) 202 NW 5th Street: Okeechobee, FL 34972 863-824-6776 File Number. 3488-19 Will Call No.: 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 4/7 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" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: 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, Florida Parcel Identification Number: 3-15-37-35-0010-00390-0170 and Lots 1,2,3,4,5,6,7,8,9 and 10, Block 39, CM OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, lo.-ida Parcel Identification Number: 3-15-37-35-0010-00390-0010 Subject to; covenants, conditions, restrictions, easements, reservations and 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 set grantor's hand and seal the day and year first above written. DoubleTimeM Book830/Page1298 CFN#2019009528 Page 1 of 2 Signed, sealed and delivered in our presence: 4Wit,Nla`me.-afriCja Witness Vaerie a in State of Florida County of Okeechobee j A 1 A •' Seal) I Selina bney The foregoing instrument was acknowledged before me this 13th day of September, 2019 by Selina Abney, who `] is personally known or [X] has produced a driver's license as identi i ation. J [Notary Seal] Notary Public Printed Name: Patch A. Ragoll My Commission Expires: �►nr °db kk Notary PubOc Suft of fonds ratfk-Ja A. Pagoo c My Commission GG 106636 wd� E)Om 06129/2021 Warranty Deed - Page 2 DoubleTime® Book830/Page1299 CFN#20 i 9009528 rage 2 of 2 ilaq Petition 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 inforlrtion reviewed constitutes the most recent information available to that office. I therefore attest to this 91 day of FROMWO-17-M111111111111111111-- - = I' Sig natuletf pli"a Omar Abuaita Name of Applicant (printed or typed) State of Florida County of Okeechobee 9d Date /4!!��/�� .W— Sworn to and Subscribed before me this Oq day of ek-ylaw Personally known to me {lam or produced as identification and did not take an oath. Notary Public, State of Florida Seal: ,,"'lip" UB��� MICHAEL J. RYAN Notary Public - State of Florida Commission # FF 962923 F oP:` My Comm. Expires Mar 4, 2020 _ _-77 •.�.,,-sem, ^ ,m: (Rev 2/2019) Page 3 of I 1 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 91h Street and NW 5th 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 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel: « 3-15-37-35-0010-00390-0010 »; Owner & Property Info '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. 2019 Certified Values updated: 10/24/2019 Aerial Viewer Pictometery Google Maps r s 2019 + 2018 2017 2015 2014 Sales Property & Assessment Values ABUAITA OMAR Owner 2800 N OCEAN DR UNIT A23D Quality (Codes) RIVIERA BEACH, FL 334043232 Site NW 9TH ST, OKEECHOBEE 830/1298 CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & Description* PLAT BOOK 5 PAGE 5) LOTS 1 TO 10 INC BLOCK $814 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. 2019 Certified Values updated: 10/24/2019 Aerial Viewer Pictometery Google Maps r s 2019 + 2018 2017 2015 2014 Sales Property & Assessment Values Sale Price L Deed V/1 Quality (Codes) 2018 Certified Values 2019 Certified Values $12,000 830/1298 Mkt Land (1) $814 Mkt Land (1) $814 $100 667/0251 Ag Land (o) $0 Ag Land (o) $0 $0 282/0631 Building (o) $0 Building (o) $0 �. XFOB (1) $555 XFOB (1) $555 LAKES (MKT) I 1.629 AC Just $1,369 Just $1,369 Class $0 Class $0 I' Appraised $1,369 Appraised $1,369 I a.--, f Jw�b4 r1•/ N �•� JL fy -¢' SOH Cap [?] $0 SOH Cap [?] $0 Assessed $1,369 Assessed $1,369 ` Exempt $0 Exempt $0.�_. GP. county:$1,369 county:$1,369 .�'�... r.�.^ . . _ Total city:$1,369 Total ci 1,369 ty:$ Taxable other:$1,369 school:$1,369 Taxable other:$1,369 school:$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 " ' Ai taxes. '" JIJ .� ! 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 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 $555.00 148.000 O x O x 0 PD (050.00) w Land Breakdown Land Code Desc Units Adjustments Eff Rate Land Value 009500 LAKES (MKT) I 1.629 AC 1.00/1.00 1.00/1.00 $5000 $814 g4b.okeechobeepa.com/gis/ 1/2 11/1/2019 J-0 L I T Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Sandi Parcel: - 3-15-37-35-0010-00390-0170 »' Owner & Property Info Result: 1 of 1 i Use Code** RIVERS AND (009500) Tax District 50 *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 8f, 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 Aerial Viewer 2019 Certified Values updated: 10/24/2019 RA.— Just $3,321 Just $3,321 Class $0 Class $0 r 1 _ Appraised $3,321 Appraised $3,321 ABUAITA OMAR Owner 2800 N OCEAN DR UNIT A23D SOH Cap[?] RIVIERA BEACH, FL 334043232 Site NW 9TH ST, OKEECHOBEE $3,321 CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 & Description* PLAT BOOK 5 PAGE 5) LOTS 17 TO 26 INC BLOCK Exempt 39 Area 11.63 AC I S!T/R 15-37-35 L Q',` i Use Code** RIVERS AND (009500) Tax District 50 *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 8f, 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 Aerial Viewer 2019 Certified Values updated: 10/24/2019 RA.— Just $3,321 Just $3,321 Class $0 Class $0 r 1 _ Appraised $3,321 Appraised $3,321 county:$3,321 - -' SOH Cap [?] $0 SOH Cap[?] $0 other:$3,321 Assessed $3,321 Assessed $3,321 .. - "'. ate_ • Exempt $0 Exempt $0 �„�_ t. - L Q',` 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. Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (codes) 9/13/2019 $12,000 830/1298 WD I Q 3/9/2009 $100 667/0251 QC I U _" �.N RCode 05 (Multi -Parcel Sale) - show 11 '► 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 Blt Value Units Dims Condition (% Good) FENC 2 5'C/LINK 2007 $177.00 47.000 0 x 0 x 0 PD (050.00) FENC 2 5'C/LINK 2007 $2,329.00 621.000 O x O x 0 PD (050.00) W Land Breakdown Land Code Desc Units Adjustments Efi 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 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: racKenzie Engineering & Planning, Inc. 1172 SW 30' Street, Suite 500 Palm City, FL 34990 (772) 286-8030 193001 October 2019 © MacKenzie Engineering and Planning, Inc. CA 29013 ,,,1,1111,,, Gc Mecke�i g � ( N0.817 1 r �- %� 5 E F — Digitally signed by Shaun G MacKenzie Date: 2019.10.21 17:26:14 -04'00' Shaun G. MacKenzie P.E. PE Number 61751 e_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 northeast corner of Northwest 9' Street and Northwest 5`h 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 o-,jacKenzie 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. Future Land Use Trip Generation........................................................................3 193001 Page ii racKenzie Engineering & Planning, Inc. INTRODUCTION A future land use amendment is proposed on 3.26 acres located at northeast corner of Northwest 9'' Street and Northwest 5' 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 m NW l lth st Okeechobee Commons NW 9th St NW "i St Okeechobee 0 Asphalt & Ready Gilbert Oil Company P tgiewood A artments A NW 11th St C� Church of God Y of Prophecy NW 10th' NW 9th St Walpole Okeechobee Q Amtrak Station 193001 Page] PacKenzie Engineering & Planning, Inc. CURRENT DA TA 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 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 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 (10th 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 Page 2 e/gacKenzie Engineering &t 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 Tris Existing Site Traffic Industrial Park 426 1000 SF 1,995 170 138 32 170 36 134 Subtotal PM/DAILY 1,995 170 138 32 170 36 134 NET EXISTING TRIPS 1,995 170 138 32 170 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) 1 (19) (148) (22) (126) 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 in/out Rate inlout Equation Multifamily Ln(T) = 0.95 Ln(X) + Ln(T) = 0.89 Ln(X) + - 220 DU T=7.56(X)+-40.86 0% 23f77 63/37 Housing (Low -Rise) -0.51 0.02 Industrial Park 130 1000 SF Ln(T) = 0.52 Ln(X) +4.45 0% 81/19 0.40 21/79 0.4 s: jobs - share driveU93 - dobbs1001 - casa bellaltrafficicomprehensive plan traffic studyl[casa bells future land use.xlsx]tgen prop Copyright ©2019, MacKenzie Engineering and Planning, Inc. 193001 Page 3 MacKenzie 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 91h 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 Page 4 The Casa Bella Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners FLU Exhibit 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 Land Use: 130 Industrial Park Description An irdustnal park contains a number of industrial or related facilities. It as 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. ine 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 General on Vam_a 10'1- Ed ton • Volume _- Data • Industrial ;Land Lses 100-1991 �� Industrial Park (130) Vehicle Trip Ends vs: 1000 Sq. rt. GrA On a: Weekday Settingil-ocation: General Urban/Suburb= dumber of Studies: 27 1000 Sq. Ft. GFA- 762 Directional Distribution: 503% entering, 50% aWling Vehicle Tdp Genergdon wr 1000 Sq. Ft. GFA pe Average Rate RangeofPides, Standard Deviation 1 1.37 1-41-14-98 2.60 Data Plot and Equation %= 1000 Sq. Ft GFA X Study Site Flitted Curve Fitted Curve Equation- Ln(T) = 0.52 Ln(X) * 4.45 2.00D 2,500 - - - - Average Rate R1= 0.98 W7, Trip Generation Manual 10th Edition - Volume 2: Data - Industrial (Land Uses 100-199) 21 6,040 5,400 4,004 X x CL 3.000 X 2,000 x x 1,000 .X/ I X, x 3 500 %= 1000 Sq. Ft GFA X Study Site Flitted Curve Fitted Curve Equation- Ln(T) = 0.52 Ln(X) * 4.45 2.00D 2,500 - - - - Average Rate R1= 0.98 W7, 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 Settingil-ocation: General Urban/Suburban IN= ber of Studies: 31 1000 Sq. Ft. GFA 776 Directional Mstribubon: 81 % entering, 19% exMrg Vehicle Trip Generation per lqqqSq. _Ft."F Average Rate Range of Rates Mandard Deviation 0.40 0.10.2.13 0.37 Data Plot and Equation IM M01 x 300 xx x x x x x x x x goo 'W' x x x ", x x x x X XX X= 1000 Sq. Ft GFA X StudySfte Mad Curve Equation: Nat Own - - - - Average Rate W-- "" 22 Trip Generation Manuef 10th Edition - Volume 2: Data - Industrial JLand Uses 100-199) M-0, Industrial Park (130) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: 'Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m Setting/Location: General Urban/Suburban Number of Studies: 32 1000 Sq_ Ft. GFA 720 Directional Distribution: 21% entering, 79% exiting Vehicle Trip Generationper 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation j 040 0.10-2.85 041 Data Plot and Equation a 10 W a x Boo x Boo ' X x. x x x noo x X x ,. xx x X x X x c� x .- x X* X *x x ` 2tC $ 3? Sot 1.000 1,500 2.000 2 X= 1000 Sq. Ft GFA X studyslte Fitted Curve Equation. Not Given - - - - Average Rabe R:= .... Thp Generation Manual 10th Edition • Volume 2: Gate • Industrial (Land Uses 100-199) 23 Land Use: 220 Multifamily Housing (Lour -Rise) Description Low-rise multifamily housing includes apartments. townhouses, and condominiums located within the same building with at least tnree other dwelling un is and that have one or two levels {floors). Milt;family housing (mid -rise) {Land Use 221). multifamily housing (hign-rise) (Land Use 222), and off -campus student apartment (Land Use 225) are related land uses. Additional Data In prior editions of Trip Generafron 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 witnin 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 .vide 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 Iocaton and type of adAcent 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 7.15 and 8.15 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 10.45 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 genera, urbanlsuburban 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:_ --Ip - Gererahon Va-ual 10th Edition • Volume 2: Data • Residential (Lard Uses 200-299:1 29 The sites were surveyed in the 1980s, the 1990s, the 2000s. and the 2010s in, Bribsh 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'A'ashington. 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 Trio GeneraP:on iblanua 10th Edlon -Volume 2. Data • Fesidentia' fLana Uses 20-20D) Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday SettinglLocation: General Urban/Suburban Ntinber of Studies: 29 Aug. Mm- of Dwelling Lkft: 168 Dlreefional Distribullm 50% entwirq 50% exiling Vehicle Trip Generation per Dwelling Unit Avenge Palo Range of Rates Standard Deviation 7.32 1.31 Data Plot and Equation REB;r Trip Generation Manual 10th Edition - Volume 2: Data - Residential (Land Uses 200299) 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 Settingil-ocation: General Urban/Suburban Monbef of Studies: 42 Avg. Num- of Dwelling Lkft.- 199 Directional Distribution: 23% entering 77% exiting Vehicle Trip Generation per Dwelling Unit Average Rats Range of Pikes Standard Deviation 0.46 o.ia - o.74 0.12 Data Plot and Equation 1 x x x x x x x X x x x x X NX x x x 00 200 400 em X= Number ofDwelling units X' StudySite Fitted Curve . . . . Average Rate Fitted Curve Equation: Ln(T) = 0.95 Ln(X) - 031 RIk= 0.90 32 Trip Generation Manual 10th Edition - Volume 2: Data - Residential (Land Uses 200-299) 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 p.m Setting/Location: General UrbanISuburban Numbef of Studies. 50 Avg- Num -of Dwelling Units: 187 Directional Distribubon: 63% entering, 37% wdfing Vehicle Tdp Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.56 0.1a - 125 0-16 Data Plot and Enuation RZ-57 Trip Generation Manual 10th Edition - Volumc 2Dats - Rcsdential fLard UsE!5 200-2991 33 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 STH 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 3497 1 3c�g1 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 3497317 3 1 3-15-37-35-0010-00470-0010 WALPOLE KEITH A 2850 SW 16TH ST OKEECHOBEE FL 9721 1 34 vo mol ti frac `.Apt, ' Ir Is 4!F 180BUFF ER w + I1 y :D JJJJ 4 . F SUBJECT PARCELS r I �:aa�t •- � �, � — — _ �, . . - 25 � `.y 17 tltx'1B,e; � . 'h' g .e. i r � `� Ak .Y- � = mak. ': '_ ♦i��.' " � � •r.f " «� yet ,,,i5., �'� � � -.� ,r�� x -ti•Fc ,'h�: ss: i� I _- . c u - •I Imo• — PARCE SUBJECT LS IpoiA - 4 � g' � -- I AA a� � J i � 4 - vP f L_ •,4 1 23 - 24 25 2 ,4iirB 2 . at s- 0 .ro- _ _-..t; ',,; •^+NnRle4.;•r'ar ra1..-a•� :. -f-,. ,,.� •. >!w>ts.�e . ...•..Y.i�+�_. ,..—,-.. ..__. _ _. TG�_.. _ __- �Z107--®5 4 3 2 13 12 I 7 1444 . •I ��a 'i�: to . zs 26 wol 16 17 13 1 22 _ L- MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKICE OBEECOUNTY SSUME ESPOERTY APPRAISER'S OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE N �• OFFICE DOES NOT ASSUME RESPONSIBILITY w E t FOR ERRORS OR OMMISIONS CONTAINED HEREON S Hamrick Trust Be A Man Buy Land LLC CW Roberts Contracting Inc. c/o H G Culbreth 4260 SE Federal Hwy 3372 Capital Circle NE PO Box 848 Stuart, FL 34997 Tallahassee, FL 32308 Okeechobee, FL 34973 Michael & Heather Hancock 1234 NE 13151 Lane Okeechobee, FL 34972 Robert Knight 1010 NW 5th Avenue Okeechobee, FL 34974 Okeechobee Lots LLC c/o David Michael Rubin 5560 Clipper Ct New Port Richie, FL 34652 Walpole Feed & Supply Co 2595 NW 8th Street Okeechobee, FL 34972 Keith Walpole 2850 SW 16th Street Okeechobee, FL 34974 Sammy & Ann Hancock 990 SE 23rd Street Okeechobee, FL 34974 Shera Lowry 505 NW 12th Street Okeechobee, FL 34972 Seaboard Coast Line Railroad c/o Walpole Feed & Supply Co 2595 NW 8th Street Okeechobee, FL 34972 Jay Walpole PO Box 1723 Okeechobee, FL 34973 Sammy Hancock Etal 990 SE 23rd Street Okeechobee, FL 34974 Okeechobee Commons, LTD c/o Property Tax Eagle 3338-L1 Country Club Rd, Ste 236 Valdosta, GA 31605 Tanglewood LTD c/o A & M Properties Inc PO Box 330 Lakeland, FL 33802 Jay & Stephanie Walpole PO Box 1723 Okeechobee, FL 34973 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: December 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-006-R to rezone 3.26± acres located at NW 5th Avenue and 9th Street, from Industrial to Residential Multiple Family. The proposed use is multi -family apartments. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette ancityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on February 4, 2020, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee ;y_ s 55 SE Third Avenue Tele: 863-763-3372 Ext. 9820 - Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: December 4, 2019 The Planning Board will be considering Rezoning Petition No. 19-006-R to rezone 3.26± acres located at NW 5th Avenue and 9th Street, from Industrial to Residential Multiple Family. The proposed use is multi -family apartments. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, December 19, 2019, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette(cDcityofokeechobee.com. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing on February 4, 2020, 6:00 PM (tentative). The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTIONNARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): �- ' Date of 1 st Public Hearing: 1 a-1 q-1 q �ll/1� ��s�' S`I-�t /{'✓e. L 1.-10 Address of subject property (or Legal if no address): Ciba &} O Keedh0bee. Ll t-4& U 3q I, jWV1 CL 44/61 , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on J,�-q-19 , and will remove sign on l. '-J O Signature: Date: STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this V' day of DeOember -901 q by DayiC, Il l 12n , who is personally known to me _ or produced as identification. (signature) Print, type or stamp name of Notary A ,U ns SEAL: tt r t4 a Notary public State of Florida patty M Burnette My Commission GG 008157 �2 Expires 1010212020 0i NOTICE OF PUBLIC HEARING REZONING PETITION No. 19-006-R DATE: DECEMBER 19, 2019 & FEBRUARY 4, 2020, 6 PM, AT CITY HALL PURPOSE: TO CHANGE ZONING FROM INDUSTRIAL TO RESIDENTIAL MULTIPLE FAMILY ON THIS SITE APPLICANT: QMAR ABUAITA PROPERTY OWNER: Oman ABUAITA FURTHER INFORMATION CONTACT: General Services Dept, 863.763.3372, Ext 9820 55 SE 3rd Ave, Okeechobee, Fl. 34974 Bobbie Jenkins From: Bobbie Jenkins Sent: Tuesday, March 24, 2020 1:10 PM To: Steven L. Dobbs, P. E.; randy@twodrunkengoats.net Cc: Lane Gamiotea; City - J.J. Smith Subject: Adopted Ord. No. 1201 (#19-006-R) Attachments: 1201 #19-006-R IND to RMF.pdf; 2020-02-04 Minutes.pdf Tracking: Recipient Delivery Steven L. Dobbs, P. E. randy@twodrunkengoats.net Lane Gamiotea Delivered: 3/24/2020 1:10 PIA City - J.J. Smith Good afternoon, Attached for your records is the fully executed Ordinance No. 1201 (19-006-R). The approved February 4, 2.020 City Council meeting minutes are also attached. Please let us know if you have any questions. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 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. Bobbie Jenkins From: Bobbie Jenkins Sent: Tuesday, March 24, 2020 1:34 PM To: Property Appraiser - Mickey Bandi; 'Celeste Watford' Cc: Lane Gamiotea; City - J.J. Smith Subject: City of Okeechobee Ordinance No. 1201 Attachments: City of Okeechobee Ordinance 1201 #19-006-R.pdf Good afternoon, Attached you'll find Ordinance No. 1201, adopting Rezoning Petition No. 19-006-R, changing approximately 3.26 acres from City of Okeechobee Industrial to Residential Multiple -Family. This copy is for your records. Should you have any questions, please contact our office. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 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. Bobbie Jenkins From: Bobbie Jenkins Sent: Tuesday, March 24, 2020 1:34 PM To: 'Ben Smith' Cc: Lane Gamiotea; City - J.J. Smith Subject: City of Okeechobee Ord. No. 1201 Attachments: 1201 #19-006-R IND to RMF.pdf; 2020-01-21 Minutes.pdf, 2020-02-04 Minutes.pdf Ben, Attached is a copy of the fully executed Ord. 1201 and corresponding POP's for your files. A copy of the approved Jan. 21St and Feb. 4th minutes are also attached. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 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. ffrr. _ n.tiry? f•�`~.. -�"ter 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. Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, January 17, 2020 4:20 PM To: 'Steven L. Dobbs, P. E.'; 'randy@twodrunkengoats.net' Cc: Lane Gamiotea; Patty Burnette Subject: January 21, 2020 City Council Agenda Attachments: Agenda 01 21 20.pdf; Agenda 01 21 20 Ex 5.pdf, Agenda 01 21 20 Ex 6.pdf Good Afternoon, This is your official notice for the final public hearing for Application No. 19 -005 -SSA. Attached is a copy of the January 21St City Council Meeting Agenda as well as Exhibit 5. Your item is V.A. This is also your official notice for the first reading for Petition No. 19-006-R. Attached is Exhibit 6. Your item is VLA. The meeting begins promptly at 6:00 p.m. Please call us if you have any questions or if you cannot attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 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. Patty Burnette From: Patty Burnette Sent: Thursday, December 12, 2019 9:47 AM To: sdobbs@stevedobbsengineering.com Cc: Randy Simler Subject: Rezoning Petition No.19-006-R Attachments: SPO Letter -Rezoning No. 19-006-R.pdf Good Morning Steve. wanted to send you a copy of a letter from a surrounding property owner that was sent to the City in regards to the Rezoning Petition so you would have it for your information and records. Thank you Path M. Burnette generaCServices Coordinator City of Okeechobee 55 SE P Avenue Okeechobee, TL 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Fax: (863) 763-1686 e-maiC* a6urnette@cittiiofokeechobee.com website: www.citti�ofokieechobee.coni Flu. M.w S j t� 'r 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. Patty Burnette From: Patty Burnette Sent: Thursday, December 12, 2019 9:39 AM To: sdobbs@stevedobbsengineering.com Cc: Randy Simler Subject: December 19, 2019 Planning board Meeting Attachments: Agenda December 2019-PDFA.pdf; 19 -005 -SSA Staff Report.pdf; 19-006-R Staff Report.pdf Importance: High Good Morning. Please be advised that the Planning Board of the City of Okeechobee will be considering Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -005 -SSA, from Industrial to Multi - Family Residential, on 3.26± acres located at Northwest 5th Avenue and 9th Street, Lots 1 through 10 and 17 through 26 of Block 39, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County AND Rezoning Petition No. 19-006-R, from Industrial to Residential Multiple Family on 3.26± acres located at Northwest 5th Avenue and 9th Street, Lots 1 through 10 and 17 through 26 of Block 39, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County, for the proposed use of multi- family apartments on Thursday, December 19, 2019 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board Meeting Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you, or a representative, cannot attend this meeting, please just let me know. Thank you, Path M. Burnette genera6Services Coordinator City of Okeec6o6ee 55 SE 3"f Avenue Okeechobee, Ef— 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 'F'ax: (8 63) 763-1686 e-mail: U6u►-riette@citilofoHeech.o6ee.cotit. Hopping Green & Sams Attorneys and Counselors Writer's Direct Dial No.: (850) 425-2207 December 10, 2019 Via U.S. Mail and Email City of Okeechobee c/o Patty M. Burnette General Services Coordinator 55 SE Third Avenue Okeechobee, FL 4974 DbLirnette@citvofokeechobee.com RE: Notice of Proposed Rezoning Petition No. 19-006-R Dear Ms. Burnette: My firm represents C.W. Roberts Contracting, Inc. who owns the former Okeechobee Asphalt & Ready Mixed Concrete, Inc. that is located within 300 feet of the proposed rezoning. C.W. Roberts' property has been utilized as an asphalt and concrete mixing plant for many years and plans to continue to do so into the future. While C.W. Roberts has no objection to the proposed rezoning per se, C.W. Roberts submits these comments so that the industrial use of its property, including such things as noise, lights, and odors, is known to the City and the developer. Accordingly, C.W. Roberts provides these comments such that the record is clear that the developer who seeks to develop their adjacent property with residential uses (as well as the future homeowners to whom they sell lots) are well aware of the pre-existing industrial uses of the C.W. Roberts parcel in the area and accepts such uses. If your office requires any additional information or comment from my client, please don't hesitate to contact me at the number listed above. Sincerely, D. Kent Safriet cc: Client Post Office Box 6526 Tallahassee, Florida 32314 119 South Monroe Street, Suite 300 (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com L Hopping Green &Sams Post Office Box 6526 IMs- DEC 4, Attorneys and Counselors Tallahassee, Florida 32314 )�Z.IN3 i C it ti City of Okeechobee c/o Patty M. Burnette General Services Coordinator 55 SE Third Avenue Okeechobee, FL 4974 U.S. POSTAGE>> PITNEY BOWES ZIP 32301 $000.500 02 4YV 0000336590DEC 10 2019 .. I ='�!�a;.. t�'.��!, �' rig a. x'R�', .� { Patty Burnette From: Sent: To: Cc: Subject: Good Afternoon Mr. Safriet. Patty Burnette Tuesday, December 10, 2019 4:43 PM Kent Safriet Mandy Fischer RE: Notice of Proposed Rezoning Petition No. 19-006-R am in receipt of your letter dated December 10, 2019, which will be read into the record at the Planning Board Meeting on December 19, 2019. The Planning Board Agenda and exhibits for this meeting should be posted on the City's website by end of week. You and/or your client are welcome to attend the meeting to speak should you choose. Thank you. From: Kent Safriet <KentS@hgslaw.com> Sent: Tuesday, December 10, 2019 4:03 PM To: Patty Burnette <pburnette@cityofokeechobee.com> Cc: Mandy Fischer <MandyF@hgslaw.com> Subject: Notice of Proposed Rezoning Petition No. 19-006-R Ms. Burnette, Please see attached correspondence. Can you please confirm receipt? Thanks D. Kent Safriet ................. ....... Hopping Green & Sams, P.A. 119 South Monroe Street, Suite 300 Tallahassee, FL 32301 850.425.2207 1 hgslaw.comI Attorney Bio Notice: The information contained in this e-mail message is Attorney/Client Privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (850) 222-7500 and delete the original message. Thank you. Staff Report Rezoning Request Prepared for Applicant: Petition No.. The City of Okeechobee OmarAbuaita Staff Report Rezoning Owner/Applicant Applicant Phone Number Applicant Email Address Applicant Address Site Address Agent/Contact Person Contact Phone Number Contact Email Address Applicant: Omar Abuaita Petition No. 19-006-R mar Abuaita 561-261-6896 Randy@twodrunkengoats.net 2800 N Ocean Drive, Unit A23D Rivera Beach, FL 33404 NW 91h Street Steven L. Dobbs 863.824.7644 sdobbs@stevedobbsengineering.com Parcel Identification Nlumbers: 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 The matter before thE! Local Planning Agency and City Council is an application to rezonet2.36) acres bounded by N\11 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. L-Ku- Ptinnmg Staff Report Rezoning Existing Future Land Use Industrial Category Zoning District Industrial Use of Property Vacant Acreage 3.26 acres Applicant: Omar Abuaita Petition No. 19-006-R Proposed Multi Family Residential Residential Multiple Family Multi -Family Apartments 3.26 acres Multi -Family Residential Residential Multiple Family Vacant Single Family Residential Multi Family Residential Residential Multiple Family Industrial Industrial Materials Processing Industrial Industrial Materials Processing 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." LaRue 2 ptan+l 9 Future Land Use North Zoning District Existing Land Use Future Land Use East Zoning District Existing Land Use Future Land Use :; .... South Zoning District Existing Land Use Future Land Use West Zoning District Existing Land Use Applicant: Omar Abuaita Petition No. 19-006-R Proposed Multi Family Residential Residential Multiple Family Multi -Family Apartments 3.26 acres Multi -Family Residential Residential Multiple Family Vacant Single Family Residential Multi Family Residential Residential Multiple Family Industrial Industrial Materials Processing Industrial Industrial Materials Processing 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." LaRue 2 ptan+l 9 Staff Report Rezoning Applicant: Omar Abuaita Petition No. 19-006-R 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. 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 LaRue panning Staff Report Rezoning of any nuisance or hazard to the neighborhood. Applicant: Omar Abuaita Petition No. 19-006-R "The proposed use can be suitable 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 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. 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 10 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. L.K�- 4 planning Staff Report Rezoning Applicant: Omar Abuaita Petition No. 19-006-R 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: L� 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 'Rue Wtinroa9 Staff Report Rezoning Applicant: Omar Abuaita Petition No. 19-006-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 23 22 21 20 r2-:;4 8 v 10 11 1. 5 3 15 IF 18 19 20 21 22 23 24 25 26 14 15 16 17 18 19 20 21 22 23 24 25 26 6 Z 16 N.W. 11 TH ST ' 11 W uj 6 5 4 3 2 1 - 'U 9 8 7 6 5 4 3 2 1 Q '3 !� 11 10 9 8 7 6 5 4 3 2 1 0 26 27 :' 28 29 Cl) 7 6 9 10 11 12 ', 'S 17 16 19 20 21 22 23 24 25 26 14 15 15 17 16 19 20 21 22 23 24 25 26 Z Z 6 16 N.W. 10 TH ST w ' 5 4 3 2 , Q 2 12 !0 9 8 6 5 4 3 2 1 13 12 11 10 9 8 7 i6 I6 ,4 3T 11 41. -030:4b ,,,ho 139 ,..:nF,1� > 14 � 38 17 18 19 29 11 22 23 24 15 26 141151114117 18 19 20 ' 27 22123 i 24'. 25 26 N.W. 9 TH ST 5 4 3 2] 2 � 12 !U 9 8 7 6 5 4 3 2 ! 13 12 11 10 9 8 1 6 5 4 3 2 1 1 44, 414554, ,8194 1 47 __ , 4 1 14 to n; 1 to ra CSXTRANSPO N.W. STH ST e LAND USE CLASSIFICATIONS lot line SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL - MULTI - FAMILY RESIDENTIAL - COMMERCIAL 1x. INDUSTRIAL PUBLIC FACILITIES EASEMENT -- RAILROAD CENTERLINE ------- HOPKINS MEANDER LINE UNINCORPORATED L -KI- 6 Staff Report Rezoning ZONING SUBJECT SITE AND ENVIRONS Applicant: Omar Abuaita Petition No. 19-006-R N.W. 9 435 0 13 6 4- 4 *6 u 1 z34 5 . . t, 1•l 1Y. 14 A.— N. 'N. 8 T ST LsKuc ptaanin3 pArCOW ILIT&1 Lu CENTRAL BUSINESS DMTFiCT . 1EAV1 OOMMERCYLL LJOUT COMMERCIAL S 4 3 13 21 ------- 20 ,t 1 5 j 15 t1 t6 19 20 21 22 23 24 25 26 14 15 16 17 16 19 20 21 22 23 .4 26 16 Z N.W. 11 TH ST w Lu 2 ! --- 12 10 9 8 7 6 5 4 3 2 1 '3 12 it 10 9 6 T 6 5 a 3 2 1 Q _ 27 ;: 28 29 Ln 5 15 _l 17 76 19 20 21 22 23 24 25 26 > tt 15 16 17 18 19 20 21 • 24 25 26; -- N.W. 10TH ST - 2 t2 10.5 8 7 6 5 4 3 2 1 13 12 11 10 9 6 7 �6 5 .4 3 2 1 4 t3 S:�,A�+ 39 P��nFrt, _ 38 1t 5 15 5 17 19 19 20 21 22 23 24 25 26 14 15 16 17 18 19 �4 4 11 6 t!b N.W. 9 435 0 13 6 4- 4 *6 u 1 z34 5 . . t, 1•l 1Y. 14 A.— N. 'N. 8 T ST LsKuc ptaanin3 pArCOW ILIT&1 I %// NOLDIMG `' 'NOUSTRIAL = 5. C FACIL1rE'S .'.EJ WTOEVELOPMENT.MIYEO LSE - - PLANNED UNIT DEVELOPMENT-RESIDENTtAL RES-DUMAL MULTIPLE FAul , RESOENTULL MOBILE "OWE -SCOMAL SINGLE FAMI'( ONE : ESVENTLAL SINGLE FAMLY-TWO PORTIRED CENTRAL BUSINESS DMTFiCT . 1EAV1 OOMMERCYLL LJOUT COMMERCIAL - - • == AL PROFESStONAL OFFICE I %// NOLDIMG `' 'NOUSTRIAL = 5. C FACIL1rE'S .'.EJ WTOEVELOPMENT.MIYEO LSE - - PLANNED UNIT DEVELOPMENT-RESIDENTtAL RES-DUMAL MULTIPLE FAul , RESOENTULL MOBILE "OWE -SCOMAL SINGLE FAMI'( ONE : ESVENTLAL SINGLE FAMLY-TWO PORTIRED Staff Report Rezoning AERIAL SUBJECT SITE AND ENVIRONS Applicant: Omar Abuaita Petition No. 19-006-R t i x� l � •F vTi�,ayb,l f `�'v' 4..i •, ...�•�R - • 'T i �'+t�'. - , m 110 E 1�7yt K ,S I 'fr..'fr3�3�4i.+h'.1tlL/.:.`1lP9r* 1w. a - H.•.. �R � �'..w_':1C�E9 Y � '�'F�J.�1 :,t` t" k ti� Ft a9Yt • � ,: �. • ' Ifs'"" '/"' rz.-h-� -M �, '�• R• lid i 004 � i ''�L uwtonitir • r _ •` a� :� M" vi� tes PR � i •TY fav err ST _ Fee tindSultyAl f��iri:r ,_ _'•' CON ego - ;L LsKue g ptimim9 INDEPENDENT �w NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE- Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published in Okeechobee Count 111.otida, at the attached copy of an advertisement be in the matter of ��' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Pd r ? A Lll�a 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 advertis5pent for publication in the said newspaper. Katrina Elsken Muros Sworn -to• an,d subscribed befare me this i- (w day of Vlu;..oi,� F AD Notary Public, State of Florida at Large ANGIEBRIDGES FLi;� W COMMISSION # FF 976149 EXPIRES:April20,2020 Bonded Thnt Notary Public Undarw t (s OkeechobeeVws V,17th Street, Suiii D h©bee, Florida 34974 r$63-763-313 BIE NOF �DPQ19G CH Of ICEANGE " ottD FOR PMmNo, isa %brl�'Yn pj ---WdWa � ��� ti onti,a� nehrLsevWma,t>es at'acn,eorr�afn eavai nar,� 6ustr,e�ha+� Ma, Po,a nt4.430PM,-Mtfl-WWaps. -- .,-m%mr,n mn*.a aiw dedsbn made W the av SEA= tlat SfioiAd You hind fo showw3V dyotima�,tphe�, Ndeo or Dans m the Card h A�wrtvt kohAx>r bep�wtded Wr4 or brn Rbg,,<dBv4vaaxtawGNr w,CVC Lake Okee obee News..'.. f 041M107 SW 17t Street6uite D a Okeechobeew Florida �'49I�'NDEPENDENT 863-A53-3134 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 County,, Florida, that the attached � 1� copy of advertisement being a k !, u � � ( - 1, in the matter of �� C"•` 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. -,z�7'— C Katrina Elsken Sworn to and subscribed before me this day of Notary Public, State of Florida at Large. "00;?;tP6o c,I ANGIE BRIDGES MY COMMISSION AFF 978949 0TIRES: ApdI 20, 2020 '••,FVF.. Bonded 7hru Notary Public Undewriters 'CrrY OF OfO=OBEE pUBUC NOTIEC1ICE CONSIDERATIONOF CATION pROPOSED ZONING RECLASSIPI NOTICE LS HERFBYGNEN IhataQUASI-7UDI onThur, Dec TNG vA be tddbciae treof01 as, t 555E 3`d AVE, 19,20 6 Pt4, oras Soon diae� mai Oiartdx�s,Rm 200, Okarint�ee, R, toon O oaa.'Rie pubic is No. oI W aftM. W o pyworr No. 19-006 8 n�q S m 3.26+/' aces bQled at Noitl 5[h Avar�e and 9th Street, fmm trdrArd m Re4denlial MrNtAe Femdy'. txoP� use 5 m�iJ-rarr�/ apa�T� tecpl: LOTS 1 TFBtOIiGFI ]A AND 1E PIAT 7HF�RE- OF RECORDED8001( 5, PAGE 5, PUBLIC RECOit06 OF O�Q108E>=CW N1Y, RDRIDII =—W, e �— ma/ be tr>spa at the address above dLj" r 6t-� hors, rron-Fd, a Arha:3o aM, recu _for a ReaxrtxJ Ration 5 hardled as a'Qrao-Addar Pro- 0ae21 PP�jde ststarW and cII is the dtRy of the Phrv>U'A Board ro ant.Q. at sornd decdorc. A °^ m a orrl<iM the Petit ion wnll befonserded TA the Ejt Cam1,18`ITATI—Y 4or6PM(r-u' Adoption).7A20,(FestReadug)andRd�'icFi�vSon , d ML ON DEI. �9 v neo] sure a robat¢n rem d of the promjr9 5 nNde arc1 the eo�td ncludes the in ao"danoe w5fin Y upon vdddi the a,QP� wfi be � a dL9bW as With the A rnaicanss'mth . Wjes Ad: (w�`) arV= Pam. - th5 aor�+cttlieGerreraiS Ofl'�rolatadWt gotxeressdws prbrto Pte, 863-763337E BEADvlstmtlat lrnld Wdto4maWdxiene P111"0,vdeoor dgmtntne P1anrk9 p1 orio nu telt the r<item on ft 1 the for �,e� vkho, 8`t ZorrxJ Adnin r Maw ��`�' 'No. 140D6 -R 378791 ON 12/4,13X19 CITY OF OKEECHOBEE Office of the City Clerk* 55 SE 3rd Avenue * Okeechobee, FL 34974 Email Transmittal 863-763-3372 ext. 9814 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: Janet Levy, jlE:vy@newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com Ad Type: Legal Publish On: Wed 12/4/19 & FriProof of Affidavit(s): 1 Proofed By: 12/13/19 Draw#: Authorized By: Date: Email Date/Time: Ad/Order# ount $: TC Proofed By: Date to Finance: Draw#: PO#: heck #: Mailed On: CITY OF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI-JUDICIAL PUBLIC HEARING will be held before the City of Okeechobee Planning Board on Thur., Dec. 19, 2019, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 31 AVE, Council Chambers, Rm 200, Okeechobee, FL, to consider and receive input on Rezoning Petition No. 19-006-R, submitted by property owner, Mr. Omar Abuaita. The public is encouraged to attend. Petition No. 19-006-R requests to rezone 3.26+/- acres located at Northwest 5t" Avenue and 9'" Street, from Industrial to Residential Multiple Family. The proposed use is multi -family apartments. Legal: LOTS 1 THROUGH 10 AND 17 THROUGH 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. The Petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. A Public Hearing for a Rezoning Petition is handled as a "Quasi -Judicial' proceeding, meaning a manner similar to a court hearing testimony and questioning presenters who provide substantial and competent evidence. It is the duty of the Planning Board to arrive at sound decisions. A recommendation to approve or deny the Petition will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on January 21, 2020, (First Reading) and Public Hearing on February 4, 2020 (Final Adoption). ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. 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 Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. BY: Zoning Administrator Marcos MontesDeOca, No. 19-006-R CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 4 9 6 2 6 (863) 7633372 RECEIVED from $ q q -� . po Ir— K -#- IV-V V CLERK 20 / 9 Dollars Bobbie Jenkins From: Sent: To: Cc: Subject: Attachments: Tracking: Good Afternoon, Bobbie Jenkins Friday, January 31, 2020 3:54 PM Steven L. Dobbs, P. E.; randy@twodrunkengoats.net Lane Gamiotea; Patty Burnette February 4, 2020 City Council Agenda Agenda 02 04 20 Ex 2.pdf; Agenda 02 04 20.pdf Recipient Steven L. Dobbs, P. E. randy@twodrunkengoats.net Lane Gamiotea Patty Burnette Read Read: 2/17/2020 12:02 PM Read: 1/31/2020 5:32 PM This is your official notice for the final public hearing for Petition No. 19-006-R. Attached is Exhibit 2. Your item is VI.A. The meeting begins promptly at 6:00 p.m. Please call us if you have any questions or if you cannot attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 3 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. 1 Bobbie Jenkins From: Sent: To: Cc: Subject: Attachments: Tracking: Good morning, Bobbie Jenkins Monday, February 10, 2020 10:40 AM Steven L. Dobbs, P. E.; randy@twodrunkengoats.net Lane Gamiotea; Patty Burnette RE: Adopted Ord. No. 1200 (#19 -005 -SSA) 2020-01-21 Minutes.pdf Recipient Steven L. Dobbs, P. E. randy@twodrunkengoats.net Lane Gamiotea Patty Burnette Delivery Delivered: 2/10/2020 10:40 AM Delivered: 2/10/2020 10:40 AM Read Read: 2/18/2020 12:25 PM Read: 2/11/2020 8:23 AM Attached is the approved January 21, 2020 Council minutes pertaining to the adoption of Ord. 1200. Have a great day! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 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: Bobbie Jenkins Sent: Wednesday, January29, 2020 3:58 PM To: Steven L. Dobbs, P. E. <sdobbs@stevedobbsengineering.com>; randy@twodrunkengoats.net Cc: Lane Gamiotea <Igamioi:ea@cityofokeechobee.com>; Patty Burnette <pburnette@cityofokeechobee.com> Subject: Adopted Ord. No. 1200 (#19 -005 -SSA) Good afternoon, 1 Attached for your records is the fully executed Ordinance No. 1200 (19 -005 -SSA). As soon as the January 21, :1020 City Council meeting minutes are approved, I will forward those on as well. Please let us know if you have any questions. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. Asa 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.