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2005-06-28 LPA CITY OF OKEECHOBEE LAND PLANNING AGENCY JUNE 28, 2005 SUMMARY OF AGENCY ACTION I. Call to Order - Chairperson. Land Planning Agency, June 28, 2005, 7:00 p.m. Chairperson Ledferd called the June 28, 2005 Land Planning Agency meeting to order at 7 :00 p.m. II. Chairperson, Member and Staff Attendance - Secretary. . III. . Board Secretary Cook called the roll: Chairperson William Ledferd Vice-Chairperson Dawn Hoover Agency Member Kenneth Keller Agency Member Thomas Keller Agency Member Christopher Mavroides Agency Member Devin Maxwell Agency Member Douglas McCoy Alternate Member Terry Burroughs Alternate Member John Whidden Attorney John R. Cook Secretary Katrina Cook Present Present Present Absent - with consent Absent - without consent Absent - with consent Absent - with consent Present - serving as a voting member Present - serving as a voting member Present Present Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action Agency Member Hoover motioned to dispense with the reading and approve the Summary of for the May 24, 2005 regular meeting. Agency Action for the May 24, 2005 Regular Meeting; seconded by Agency Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. . III. New Business - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: 008-SSA. Consider a recommendation to the City Council, to change the land use designation from Commercial to Multi-Family. The subject property is Planning Staff Report Summary of Application: The subject property is currently classified as located at 110 NE 12th Street. The application was submitted by Bradley G. Commercial on the Future Land Use Map. The Multi-Family category would allow apartments, Goodbread on behalf of the property owner George A. Goodbread - City Planning duplexes, and condominiums at a maximum density of 10 units per acre. Consultant. . Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi-Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. (B) Concurrency of Adequate Public Facilities. Water is available to the subject property. Impacts to traffic and schools will be minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. (C) Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi-Family. This proposed change would be consistent with the uses allowed by the Multi-Family category. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and the LP A was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Agency Member Burroughs noted for the record that the boundary survey indicated Northeast 12th Avenue, and that it should state Northeast 12th Street. Jim LaRue agreed and explained to the applicant that the error needed to be corrected. There was no public comments, nor any further discussion from the Agency. Agency Member Hoover motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-008-SSA to change the land use designation from Commercial to Multi-Family based on the recommendation by the City Planning Consultant as it is consistent with the Comprehensive Plan; seconded by Agency Member Whidden. IV. New Business - City Planning Consultant. . . A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 008-SSA, continued. B. Discuss recommending to the City Council to Amend Section 90-345 (4) of the Land Development Regulations specifically related to the Maximum Height of Structures within the Industrial Zoning District - City Attorney. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. John Cook, City Attorney, briefly described the request. Attorney Cook provided a copy of the proposed ordinance for the Agency Members to review. He explained that the height restrictions are currently forty-five (45) feet; then, if a developer is requesting to build higher than the forty- five foot limit, they are required to get a special exception. Attorney Cook explained that he felt that it was better to leave the height limit and the requirement for a special exception as is. This will allow the Board of Adjustments to have more control to regulate the height of structures within Industrial zoning on a case by case basis. He explained that there is some language changes within the Ordinance that will need to go to City Council for adoption. There was no public comments, nor any discussion from the Agency. Agency Member Burroughs motioned to recommend to City Council to approve proposed Ordinance No. 898, based on the recommendation from Attorney Cook; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. . . V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: / 1 / /. C'/ /, /-< / '7 ~ /L.0( U/.c ~ William LedferdvChairperson U). s=:---- M~u, {1>-.- CCC1~tJ Katrina Cook, Secretary There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:11 p.m. - . . PAGE -1- CITY OF OKEECHOBEE - JUNE 28,2005 - LAND PLANNING AGENCY - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: June 28. 2005. Land Planning Agency Regular Meeting 7:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Present Absent Chairperson William Ledferd Vice-Chairperson Dawn Hoover './ ./ Board Member Kenneth Keller Board Member Douglas McCoy Alternate Terry BurrOUgh:> 'fJ.~ Alternate John Whidden ~ Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Agency Member D ~ moved to dispense with the reading and approve the Summary of Agency Action for the May 24, 2005 Regular Meeting; seconded by Agency MemberT6 VOTE Hoover K. Keller T. Keller Ledferd Mavroides Maxwell McCoy YEA NAY ABSTAIN ABSENT MOTION: CARRIED ~ DENIED . . . PAGE -2- IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-008-SSA. Consider a recommendation to the City Council, to change the land use designation from Commercial to Multi-Family. The subject property is located at 110 NE 12th Street. The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread - City Planning Consultant. JIm lQR.w, ~ 9lo.nf\lY\<;:\ CoOSW--tQH:t1 bY\e~lL\ dtooLrucl dto~~' I~OH -be }\C~C\-\ ml.-Yy\X10VV. Tem-\ f)LAY ro U.q n3 - b2\..~\.A-cl JU..x V.Q ':i <states ~'E l'd--+VI AVL JL- COYrJL~-t - rlUds -to b.t CoyrntcdL W 'IYIOTIC>/1 -\<0 Y Q (' OMVYUVld -tD CC- tD applV ve ) J\AJ 0eCOY\~ A\\ ytfL . . . PAGE -3- B. . . Council to Amend Section 90-345 (4) of the Land Discuss recommendmg to the ~Ity I t d to the Maximum Height of Structures Development Regulations specifically re a e . . D' t . t - City Attorney. within the Industnal Zomng IS nc JO\t1\ CJ::J.:J;0 OrLQ..-b 1Lj ~\...\...lliol W C~ dL9c.,u.,2.Ge Ei ttLlq h -I- r .w-tn.Q;tLon 5' ()Ju ~~'( V ~ n.~ 4-S -P-+. lu:t V( U- CAs Lk l() CUI Lr~:h LJt ot 0 V.€.A. 4- '5 .(3-: W~ '( Q~ ~ ' a 6p.t~ Q,)(Gcp nO1\.- l1u mOvi.d w vLt y\'Q L'( M-o v e... C'c:.J(\. tvul / ~\Lx- \..-\?\lvRj QVv.. -\Ju (QCj vU.-o t.-:> .- I eO<..vt Ot. 5 v'J ' / T6 f'f\O""t\On ') O\--\- 0eConQ., -- . . PAGE -4- V. ADJOURNMENT - Chairperson Ledferd at Cl', I L p.m. I. II. . III. . CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING JUNE 28, 2005 OFFICIAL AGENDA PAGE 1 oF2 CALL TO ORDER: Land Planning Agency, June 28, 2005,7:00 p.m. - Chairperson. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for May 24, 2005 regular meeting. IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-008-SSA. Consider a recommendation to the City Council, to change the land use designation from Commercial to Multi-Family. The subject property is located at II 0 NE 12th Street. The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread - City Planning Consultant. B. Discuss recommending to the City Council to Amend Section 90-345 (4) of the Land Development Regulations specifically related to the Maximum Height of Structures within the Industrial Zoning District - City Attorney. JUNE 28, 2005 - AGENDA - PAGE 2 OF 2 V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are for the sole purpose of backup for ofticia! records of the Department of General Services. . . . . City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 8-\ 05 Petition No, Fee Paid: 500 - Jurisdiction: 1st Hearing: La \ d. '8105 2nd Hearing: Publication Dates: Notices Mailed: Comprehensive Plan lYIap Amendment Application ~ Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) V' Name of property owner(s): A P P L I C A N T fa:)fU.e 4. oo/)6~ I '-'S'7 r-~ 1tJ ~ O~f!SflIl.'12i4, rL 3'1'1~ z.. Owner mailing address: Name of applicant(s) if other than owner (state relationship):"'iSna.d. betDClbr-u.J.. -St ~ Applicant mailing address: I UiS- 7D e () o.C~N ,:;.. Name of contact person (state relationship): 15 ~e>6()~U~ Contactpersondaytime hone(s): ~~c.f-z..(~l Fa"{: ~57-{ft..-z. V' Property address / directions to property: /l0,.J~ IZ:bSI-. UJrS i c:r +it> LPa..18 Parcel Identification Number: 3 - '5 - 31- J S - Db 1(;) - 40 11'1) - 6 ~ 70 Size of the Property (in acres): O. c.l ct'<t ~ Current Zoning Designation: Le-r,,, - ~ ~ L.I:> .,-- B d,. - -Mt- P R o Existing Use of the Property: :s ~ .." ~-r- p E R T Y Current Future Land Use Designation: c.. Proposed Future Land Use Designation: ~~~ Proposed Use of the Property: HUL...,.-, Description of Surrounding Properties: N~ : "~&..a.,e4 ; -S~: .J~Ua.N:I (f... S"t~ Ji...;l'( i+D....s i ec..s+: ~ 'B.4sf""'~ c;;..JcM~ U.s. '1"1/ i Wou+-: Legal Description of the Property (Lengthy Description May be Attached): l-8+st "/C} -..'0 ~\oc.6'. It!,,( ~"kf.,-F Ot--e&-J,~J>.cL . . v Required Attachments Survey. of Property (11" x 14",20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map ,V' 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 s d y r. u1 . the summary denial of this application. 6~" ~IJ~ Printed Name !5/~/A1- Date Unitorm Land Use Application (rev. 12103) Page 2 of 2 . . I, George Goodbread hereby grant consent to my son, Bradley G. Goodbread to act on my behalf in the matter of amending the City of Okeechobee Comprehensive Plan in reference to the subject property described as Block 18, Lots 8, 9 & 10, City of Okeechobee. ~. ~- ""11"'" Robert Enrico ,,"..'A'i Pi/, " 18 ~~~A'''''~'I:. ,,--~...lon # DDS595 ..., .. . r'I .. \,.,OID.lJ..UHl ~~~ ~~~Ex~: DEC. 09, 2008 \~~.....~l Bonded Tbru "I, OF f\1,," At1aftti~ Bonding Co., Inc:. "11I" .... ~ 5- ;J';~';;'}cJd~ . . I am seeking an amendment to the City of Okeechobee Comprehensive Plan for Lots 8, 9 & 10 Block 18 of the City of Okeechobee. I presently own 14 lots which are contiguous to the subject property and which all are zoned MF - Multi Family. I plan on building a Multi Family Development on these 14 lots and would like to include these 3 lots in the project. BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD EDGE OF ASPHAL T -r~ NE 12TH A VENUE (ASPHAL T ROA0)10' R/W END OF ASPHAL T EDGE OF ASPHAL T FOUND 5/8" IRON ROD .t CAP (ILLEGIBLE) b Itj - .., FOUND BROKEN 4"X4" CONCRETr MONUMENT (NO I.D.) N 89'49'38" E LOT // '15.00' BLOCK /8 N LINE OF BLOCK /8 N 89'49'38" E I I TO TAL PARCEL CONTAINS 0.491 ACRES - - - - - "" - ~ - - - CONCRETr - 27.4' - SEPTIC TANK CJ >- ~ ~ ~ VI '" '" It) "- "i '" -15,0' ~ ~ ~ Ci:'~ ~~ ~ .... I I I COVERED /WOO PORCH LOT /2 BLOCK /8 LOT 8 BLOCK 18 11.9' b <<l 40.4' 10,4 '" <<l WA TrR METrR It) <<l '" 1 STORY c:; RESIDENCE '" 2.1.0' - 27.2' - ..., /7.4' '1:1 G- SEPTIC TANK - - - - - 75,1' - r - - - LOT 10 LOT 9 BLOCK 18 BLOCK 18 I l~ ~ ~:--. ~l:j -~ ltiQi l;)~ ;<l; LOT /.1 !.oJ ~ BLOCK /8 1-.. ~ !rl'=- B g ~ ... " It) / ; <s FOUND 5/8" IRON ROO .t CAP "OEHA rs 5178" b Itj L 142.56'(C) 142.5'(P) 15' ALLEY DHI.' FENCE LINE 0.4' EAST FOUND 5/8" IRON ROD .t CAP "HOOVER 6.129" UTILITY POLE IX LOT /9 BLOCK /8 " LOT /8 BLOCK /8 Cl '!g;)~8 II LOT /7 BLOCK /8 Ci:' ~ ~ .... [M@~LF[}={] 'G' '~ ~ c:) It) .... LOT 7 BLOCK /8 l4,J . ~ ~ ~ lI) ~,,,,I,,,,I,,,,I,,,~r,,,I,,,,I,,,,I,,,r SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET ~ LOT~ BLOCK /8 DESCRIP nON: LOTS B. 9 AND 10, OKEECHOBEE, AS RECORDED THEREOF IN PLA T BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) SITE ADDRESS: 110 N.E. 12TH STREET. 3) PARCEL ID: 3-15-37-35-0010-00180-0080. 4) F.I.R.M. ZONE.' ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ~ ADDITIONS OR D 'ELETlONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 8) DA TE OF LAST FIELD SURVEY: 04/28/05, SOUTH LINE OF SLOCK 18 N R/W751 N.E. "TH AVE FOUND 5/S" IRON ROO .t CAP "1221" STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor, The survey depicted here is prepared exclusively for those parties noted. No responsibilfty or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown, No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: --..... GEORGE A. GOODBREAD DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE EAST LINE OF LOTS 11-16 IS TAKEN TO BEAR N 00'00'57" E PROFESSIONAL SERVICES, INC. AND MAPPERS Certificate of Authorization No. LB 6719 DESCRIPTION BOUNDARY SURVEY DWG, DATE 05/04/05 CK KAB BY WC FB/PG: FILE: 147/27-29 19330 SCALE: 1" = 30' JOB NO: 19330 LEGEND @-Set Iron Rod and Cap TWPS 6719 .-Found CM .-Found Iron Rod (and Cap) @ -Found Pipe (and Cap) ABBREVIA TIONS fl=Boseline; BM=Benchmork; Il=Centerline; C=Colculated; CATV=Coble TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 6=Delto or Central Angle; E=Eost; E'L Y=Easterly: E/P=Edge of Pavement; ESMT=[asement; F,I.R,M,=F1ood Insurance Rote Map; FND=Found; IP=lron Pipe; IR&:(C)=lron Rod (and ID Cap); L=(Arc) Lenglh; M=Measured; MH=Monhole; N=North; N'L Y=Northerly: NGV(D)=Notional Geodelic Vertical (Dotum) of 1929; NTS=Not to Scale; OHW=Overheod Wires; I(=Praperly Line; P=Plat; PC=Point of Curvoture; PCC=Point of Compound Curvature; PCP= Permonenl Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Poinl of Reverse Curvoture; PRM=Permonent Reference Monument; PT=Paint of Tangency. PU&D=Public Utilitly ond Droinoge; R=Rodius; R/W=Right-of-Woy: S=Soulh; S L Y=Soulherly: T=Tangenl; TEL=Telephone Splice or Switch Bo.; W=Wesl; W'L Y=Westerly; UTIL=Utility(ies); ~=Spot Elevation bosed on indicated Dotum, LaRue Planning & Managelllent Services, Inc. . 1375 JA:m Street, Suite 206 Fort MY!'r, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningcmatt.net S1aff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: The City ofOkeechobee Bradley Goodbread Commercial to Multi-Family From: Petition No. 05-008-SSA . . Applicant: Bradley Goodbread Petition No. 05-008-SSA Staff Report Small-Scale Comprehensive Plan Amendment General Information Applicant: Bradley Goodbread Applicant Address: 12575 Highway 70 East Okeechobee, FL 34972 Applicant Phone Number: 863-634-2121 Applicant Fax Number: 863-357-1967 Owner: George Goodbread Existing Proposed Parcel LD. 3-15-37-35-0010-00180-0080 Future Land Use Map Commercial Multi-Family Classification Zoning District CHV & RMF RMF Use of Property Single-Family and Vacant Multi-Family Development Acreage 0.491 0.491 Access NE 12th Street Location: 110 N.E. 12th Streett Lots 8, 9 and 10, Block 18 Legal Description: LOTS 8, 9 AND 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The matter for consideration is for a Small Scale Amendment to the City of Okeechobee's Future Land Use Map from Commercial to Multi-Family to allow for multi-family dwellings on the subject property. Based on the size of the property, this application qualifies under Chapter 163 of the Florida Statutes as a Small Scale Amendment to the Plan. In addition to this request, the applicant also requests a rezoning of Lot 10 from CHV to RMF. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial Holding Vacant East: Future Land Use Map Classification: Zoning District: Existing Land Use: Multi-Family RMF Vacant 1 Staff Report Small-Scale Comprehensive Plan Amendment . . Applicant: Bradley Goodbread Petition No. 05-008-SSA South: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Vacant and Single-Family West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Commercial Summary: The subject property is currently classified as Commercial on the Future Land Use Map. The Multi-Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi-Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. B. Concurrency of Adequate Public Facilities Water is available to the subject property. Impacts to traffic and schools will be minimal. Any other concerns regarding the development can be reviewed at the Site Plan Review stage. C. Compatibility with Adjacent and Nearby Land Uses The proposed land use will not create any adverse impacts to the surrounding property as it will be compatible with the adjacent and nearby uses. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, would allow for a Small Scale Amendment to the Future Land Use Map to Multi-Family. This proposed change would be consistent with the uses allowed by the Multi-Family category. Analysis and Conclusions This application and its appearance before the Council and the LP A was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. 2 Staff Report Small-Scale Comprehensive Plan Amendment . 'Plicant: Bradley Goodbread Petition No. 05-008-SSA Based on the application being consistent with the Comprehensive Plan, Staff recommends approval to amend the Future Land Use Map from Commercial to Multi-Family. Maps or Diagrams Submitted by: James G. LaRue, AICP June 21,2005 3 - . . ORDINANCE NO. 898 AN ORDINANCE OF THE CITY OF OKEECHOBEE. FLORIDA AMENDING ORDINANCE NO. 716 AND AS AMENDED, SECTION 90-345 THEREOF; TO CREATE AN EXCEPTION IN INDUSTRIAL ZONING CATEGORIES RELATED TO THE HEIGHT RESTRICTIONS IN INDUSTRIAL ZONING; RESTRICTING SUCH EXCEPTION TO THEOKEECHOBEE COMMERCE PARK AS PLAITED BY THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City of Okeechobee, Florida has established an industrial park known as .City of Okeechobee Commerce Center", and located on industrial zoned property located within the City, which park is found at Plat Book 7, Pages 10-13, public records, Okeechobee County, Florida; and WHEREAS, the Commerce Center location is isolated to other industrial uses in that its location is the furthennost North and Eastern boundaries of the municipal city limits; and WHEREAS, the Commerce Center is designed to attract commercial and industrial uses that create jobs for the City of Okeechobee and improve the overall commercial and business environment of the City, and to assist in financial stability of the City and its citizens; and WHEREAS, due to the location of the Commerce Center, and its isolation from other industrial uses within the city, as well as the intense industrial uses it may attract, it is in the best interests of the City to permit certain industrial uses that may otherwise not be compatible in other areas of the City that are zoned industrial; NOW, THEREFORE. be ordained before the City Council for 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, it is adopted and approved that Ordinance No. 716 be amended in the following respect: Section 1. Sec. 90-345, Lot and structure requirements Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the INO district shall be as follows: (1) Minimum lot area, All uses: Area As needed to comply with requirements set out in division Width None (2) Minimum yard requirements. Except where a greater distance is required by these regulations for particular use, the minimum yard setbacks shall be as follows: All uses: Front 25 feet Side 15 feet; 40 feet abutting residential zoning district Rear 20 feet; 40 feet abutting residential zoning district (3) Maximum lot coverage by all buildings. All uses: Maximum Coverage 50 percent Maximum Impervious 85 percent Language underfined is to be added, Language sttiekeft is to be deleted, Page 1 of 2 . . (4) Maximum height of structures. (a) Except where further restricted or enacted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 45 feet, where for any structure in which workers are employed; unless a special exception is granted; 100 feet, where normall; there are not workers. and occupy. or a structure not occupied but which is in the nature of a silo. sDire. storaae elevator. towers and similar structures. exceot telecommunication towers 90vemed by 90-601 of land develoDment reQulations : For all structures exceeding this height regardless ofwhetherworkers are employed therein. and including any structure which may be erected at a location that would adverseJv affect the naviaational reauirements and air soace surrounding the Okeechobee County airport reaardless of its heiahl such structures shall be Dermitted onlv by soecial exceDtion. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5'" day of JulY. 2005. James E. Kirk, Mayor ATTEST: lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of ~, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attomey Language undet1ined is to be added. language fticken is to be deleted, Page 2 of 2 CITY OF OKEECHOBEE PLANNING BOARD JUNE 28, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board, June 28, 2005, 7:15 p.m. Chairperson Ledferd called the June 28, 2005 Planning Board meeting to order at 7: 15 p.m. .11. CHAIRPERSON, MEMBER AND ST AFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Member Terry Burroughs Alternate Member John Whidden Attorney John R. Cook Secretary Katrina Cook Board Secretary Cook called the roll: Present Present Present Absent - with consent Absent - without consent Absent - with consent Absent - with consent Present - serving as a voting member Present - serving as a voting member Present Present . III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the March 22, 2005 regular meeting. Board Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the March 22, 2005 regular meeting; seconded by Board Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. IV. NEW BUSINESS. A. Rezoning Petition No. 05-004-R. Consider a recommendation to the City Council to rezone lots lA, II, and 11 lying between the plat ofOkeechobee and the Western shoreline of Taylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida from Holding (H) to Residential Single Family - One (RSF -1). The application was submitted by Tom Murphy on behalf of the property owners David and Anita Nunez - City Planning Consultant. . . June 28, 2005 - Planning Board - Page 2 of 5 Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property has been designated Holding on the City's Official Zoning Map. The Single Family Future Land Use designation provides guidance into what is considered appropriate development for the property. The request is consistent with the Single Family Future Land Use category. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification ofland, the factors that the City shall consider include, where applicable, whether or not: (A) The Single Family Future Land Use designation allows for a maximum density of 4 units per acre. This request is consistent with the purpose and intent of Comprehensive Plan, specifically the Future Land Use Element. (B) The proposed use is for single family dwelling which is specifically allowed under the RSF-1 Zoning District. (C) The development of single-family homes on the subject property will not have an adverse effect on the public interest. (D) The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. (E) The proposed use will not adversely affect property values or living conditions of the adjacent property. (F) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood (G) Because of the proposed use there will be no buffering. (H) The proposed use will not create a density pattern that would overburden public facilities. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of9 home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. (I) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. June 28, 2005 - Planning Board - Pa e 3 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-004-R, continued. Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. . Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-l) permitting the applicant to develop single family home sites. Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. (See Attached Objective 9 and corresponding policies of the Future Land Use Element and Official Zoning Map.) Tom Murphy, representative of the applicants, explained that there were no sewer lines in the area; however, water lines were available. Mr. Murphy explained that there will be one house on each lot, even though more are permitted. Mr. Murphy stated that he is trying to obtain information from both the Department of Environmental Protection and the Army Corps of Engineers related to the Taylor Creek Drainage Basin, however he is having a very difficult time doing so. There was no public comment, nor any discussion from the Board. . Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-004-R, changing the zoning from Holding (H) to Residential Single Family - One (RSF-l) based on the recommendation by the City Planning Consultant, with the stipulation that the applicant must demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin; seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. June 28, 2005 - Plannin Board - Page 4 of 5 IV. NEW BUSINESS. B. Rezoning Petition No. 05-005-R. Consider a recommendation to the City Council, to rezone Lot 10 of Block 18, City of Okeechobee, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread - City Planning Consultant. . . Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property has been designated Heavy Commercial on the City's Official Zoning Map. The proposed use is compatible with the current existing uses of the surrounding properties. Planning Staff Report Analysis: When recommending whether to rezone a classification ofland, the factors that the City shall consider include, where applicable, whether or not: (A) Multi-Family use and Residential Multi-Family Zoning is consistent with the Comprehensive Plan polices and the Future Land Use Map designation for this property. (B) Multi-family development is authorized under the RMF Zoning District. (C) Apartments or other types of multi-family dwellings will not have an adverse effect on the public interest. (D) Multi-family use and zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Concurrency impacts will be minimal for this type of zoning. (H) The proposed use will not create traffic congestion, flooding, or drainage problems. (I) The only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. (J) There will not be a special privilege granted to the owner if the application is approved. Planning Staff Report Summary and Conclusion prior to Certification: Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) permitting the applicant to develop multi-family dwellings. There was no public comment, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 005-R, changing the zoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) based on the recommendation by the City Planning Consultant; seconded by Board Member Whidden. June 28, 2005 - Planning Board - Page 5 of 5 . -... >W:y:' -, ~., . IV. NEW BUSINESS. B. Rezoning Petition No. 05-005-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:26 p.m. ~ ubz~ William Led ATTEST: ~rBdun(L C-D()JL) Katrina Cook, Secretary . .) PAGE -1- CITY OF OKEECHOBEE . JUNE 28, 2005 . PLANNING BOARD. HANDWRITTEN MINUTES I. CALL TO ORDER. Chairperson: June 28,2005, Planning Board Regular Meeting 7:15 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. Pres nt Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Kenneth Keller Absent Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy .. Alternate Terry Burroughs \. \((J\\nC\ Alternate John Whidden ~ Attorney John R. Cook Secretary Katrina Cook III. MINUTES. Secretary. Board Member ----D H moved to dispense with the reading and approve the Summa..'1Ef Agency Action for the March 22, 2005 Regular Meeting; seconded by Board Member ~. A. VOTE Hoover K. Keller T. Keller Ledf~rd Maxwell Mavroides McCoy YEA NAY ABSTAIN ABSENT MOTION: CARRIED ~ DENIED . .) PAGE -2- IV. New Business - City Planning Consultant. A. Rezoning Petition No. 05-004-R. Consider a recommendation to the City Council to rezone lots 1A, 11, and 1J lying between the plat of Okeechobee and the Western shoreline of Taylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida from Holding (H) to Residential Single Family - One (RSF-1). The application was submitted by Tom Murphy on behalf of the property owners David and Anita Nunez - City Planning Consultant. J\m ~QQ.ill l ~~ 9lctnnULo Cort~W-tClVL-{ I DI'U.-~\y ~d ;S+Ct-C-:P~DA CA5-NJ(\OWS lDhcexns : - 'T CLy \ 0 Y ex III &taU'\-- - Ob J ~C.1l V~ q \f\- C {) ~{J La.A..J CD YVL{JCcrt Dl1 f10 V SF \10YY\..t~ ta ~ U'L +--0 U)Y\S IclL'-Cl\1QYL Po\\uilQn ~ tClYQV Lv~L W\d ~\OOdU10 CoY\~h3 \0 rY\.. YYl uxph ~ - ro sew Q.A LLn-e:) lY\ C{. ~ ~ LAN) Cuu-. (1vcuJ.o..blt, ""3 \ 015 -= 3 'houscs o~r ) Corr:s- dd~-ntuJ ty -Ahd (nq lYlffl Tb mO\tOrt (QcorV\.XYU_rcl.u\a:hon+u CQ.. --to O{l p ro \;~ prOvLroCQ1 troll'- / Oft 3(' c oYl1:L -A\ t YQ~ . .) PAGE -3- B. Rezoning Petition No. 05.005.R. Consider a recommendation to the City Council, to rezone Lot 10 of Block 18, City of Okeechobee, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread . City Planning Consultant. J\m lDv~\.U \ ~ ?\DJ\f1LnOl LOf\6\Al-\ ~~ I bY\et-\~ d.toCx~O\ ~-\-Q~+ ~OV-+, W ~()Y\ I "JV\I ~cohd -1\\ \ \.fQO-- . . PAGE -4- V. ADJOURNMENT. Chairperson Ledferd at --, ~ ;2..4 p.m. - CITY OF OKEECHOBEE PLANNING BOARD JUNE 28, 2005 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board, June 28, 2005, 7:l5 p.m. - Chairperson. PAGE 1 OF2 II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE _ Secretary. . Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the March 22, 2005 regular meeting. . IV. NEW BUSINESS. A. Rezoning Petition No. 05-004-R. Consider a recommendation to the City Council to rezone lots lA, 1 I, and 11 lying between the plat ofOkeechobee and the Western shoreline of Taylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida from Holding (H) to Residential Single Family - One (RSF-l). The application was submitted by Tom Murphy on behalf of the property owners David and Anita Nunez - City Planning Consultant. - JUNE 28, 2005 - AGENDA -PAGE 2 OF 2 . . IV. NEW BUSINESS, continued. B. Rezoning Petition No. 05-005-R. Consider a recommendation to the City Council, to rezone Lot 10 of Block 18, City ofOkeechobee, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The application was submitted by Bradley G. Goodbread on behalf of the property owner George A. Goodbread - City Planning Consultant. v. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, The tapes are for the sole purpose of backup for otlicial records of the Department of General Services, 05/06/2005 09:34 8637631686 CITY OF OKEECHOBEE PAGE 04 City of Okeeebobee GeDer.ISerri~"Deparbnent 55 S.E. 3rd A venuet Room 101 Okeeehobee, Florida 34974-:1903 Phone: (863) 763-3372, ext. 21S Fax: (163) 763-1686 2nd H~; Date; retitiOt\ :No. FH Paid: JIIriId/ction: f'ubtlcauon Datos; :Notices M Icd: '" Name ofpropmty owner(s): Owner mailiDg address: Name of applicant(s) if other than owner (scale relationship): N I f-l Applicant mailins address: N I ~ Name of contact person (state relationship): ~...., to \..UV1[ ~ 0 r<. T D' Con~t n da bone(s): 4 (p'" OlP 1\ A P 'p L I C A N T " Property address / directions to property: WE i\ 11 ~i-o w ~ Indicate current use of property: Describe improvements on property, including number/type of dwellhlgs and whether occupied (if none. so ,..te): ~, Approximate number of acres: 2. 7- (co Is property in a platted subdivision? e... P R o p E R T V Is there a ~ent or recent use of the property that Wwas a violation of county ordinance? If so, describe: Have there been any land use applications concemmg all or part of this property in the hut year? If so, indicate date, Dltture and applicant's name; iV'"o Is a sale subject to tbiI application being JI'IIIlted? tfo Is the subject parcel your total holdings at that location? Jfnot, describe the remaining or intended uses: ~ " 4..T Deacrlbe adjoining land uses / improvements to the Nonh: South: Weat: ~~ Actions Requested: Pareel identification Number: Conftrmadon of InformttloD Accuracy I hereby certify that the information in this application is correct. ~ information included in this application is for use by the City ofOkeechobee in processing my request Falso or misleading infonnation may be punishable by a fine of up to $5 .00 and imprisonment ofup to 30 days and. may ~t in the summary denial ofthi. application. l1n/l-A- /l/Ur1~L . f~- / h -{)S . ~ted Name I Date Uniform Land Use Application (rev. 11(3) Page 1 of 2 05-05-2005 20:39 D A SOD 869 467 0610 PAGE: 4 05/05/2005 09:34 8537631685 CITY OF OKEECHOBEE PAGE 05 Requested zoning classification : ~ 5 F - R: classification: I; ~ o N If fP'IIlted. will the new zone be contiguous with a like zon ? . S IuS Excllption necessary for your intended use? WO Variance? tVO Describe tho Special Exception SOUshl: - S P J: C Provide specific LDR ordinance citation: I A. L, , Are there other .hnilar USeI in the area? Is 10, desaibe: E, I X;' 'Cll , , Why would granting your request be in the best mterest of the area IUld residents? ):': P' T I Ifbusincu, briefly describe nature ineludfng number of employees, hours, noise generation and activities to be 0 N ooDduetod outBldo of. buildins: Describe Varianco JOUpt: v: A R I .\;' N' C E Dcecribe physical chaniotmistic of property that makes VBri~co ncceuary: Did you cause OT contribute to me characteristic? Is so, describe: What ia the mmimum variance necessary? Unjfonn Land U$O Application (n:v. 1103) Pase 2 of 2 05-05-2005 20:40 D A SOD 869 467 0610 PAGE: 5 . May 11,2005 . David & Anita Nunez, Jr. 2085 S.B. 4 tho Street Okeechobee, FI 34974 863-467-0611 Applicant Statement of Interest In Property Weare the owners of the property requesting a rezone of the property to Single Family Residential. This property is described in : Petition No. c~/t~ Anita Nunez 05-16-2005 02:47 D A SOD 869 467 0610 . PAGE: 2 . David & Anita Nunez. Jr. 2085 S.E. 4 tho Street Okeechobee, F134974 863-467-0611 May 16, 2005 Special ReasoD aDd Basis for request. Application for zoning change on three parcels of property on Taylor Creek as described in the application attached. The reason is so the property can be developed by its owners, under existing Holding (H) it can not. The basis for the change is the future land use map shows these parcels marked for future land use of single family residential, thus the request to comply. Intended Use For the use of single family residential homes development. Nature of use is construction of single family homes, one per parcel. ~I.uJLtJ~ ta . unez Applicant . - W /5-4IJ ).'8. t)() I ..... FILE NUM 397~ BK 005J~W!~~'~'~~W'I~~~9/18/2003 04:57:30 PM SHARON ROBERTSON. CLERK OF CIRCUIT COURT OK~ECHOBEE COUNTY. Fl DEED DOC 28.00 .. .. ,Is Documeat Prepared By aad Retara to: _'ONELY &: CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKBECHOBEE, FL 34973-1367 ParcelIDNumber: 3 -15-37 -35-0010-00010-001A Graatee #1 TIN: Grantee #2 TIN: ..-....., .', ;:l,\~;i/j.,- ~'- _. oj. rl L- Warranty Deed This Indenture, Made this 27th day of FRED B. CAGLE June , 2003 A.D.. Between of the County of , Slale of Florida DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife , grantor, . and whose address is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of the County of Ok~echobee Slate of Florida , grantees. .~' Witnesseth that lbe GRANTOR, for and in CODSideration of1he sum of -~~~~~-----~~---~~--~---TKN DOLLARS ($10)---~~-~~-~-~~-~~-~-~~-~ DO~. and otl1er good and valuable consideration to GRANTOR ill band paid by GRANTEBS, the receipt wbereof is hereby !\Ckoowlellged,~.. granted, ~iIIe4l\nd sold to the said ~ IJIdGR;.N'fEES' heinl. succc:ssoq and assigus forever, the following !I~~\1!tl'l,;~~'l;;\(';> lying and being in the County of Okeecllobee SIBle of FloJ:'ida to wit:'.;;";'.,''''c+'/'fJ-.' See Exhibit "AD attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not re~osed hereby, and taxes subsequent to December 31st, 2002. and the grantor does hereby fuDy warrant the tide to said land, and will defend the same against lawful claims of aU peIllons whomsoever. In Witness Whereof, the grantor has hereunto set his band and seal the day and year fust above written. Signed; sealed and delivered ",~lI.avt'e FRED B.. CAGLE IV (Seal) A Witness ~.~ itnes P.O, Address: Post Office Box 1033, Invern.... FL 34451 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instnnnent was aclmowledged before me this FRED B. CAGLE 27th doy of June , 2003 by he is personally lmowu EVA MAE CONElY MY COMMISSION! CC 980503 EXPIRES: Decembel12, 2004 BondodThruNolaJy_U_ Jmb/u~~ EVA MAE CONELY Notary Public . My Commission Expires: 12/12/04 . eJ OR BK OOS~~ PG ~~67 L /'~) .,.f' _ ) -') si '---. . ), " r EXlllBIT "An Fourparcels ofland lying between the plat ofOKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records ofOkeechobee County, Florida, and the Western shoreline of Taylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: . Commencing at the Southeast comer of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline ofN.E, 6th Street (formerly Twelfth Street), also being the Southwest comer of a parcel of land as described in O.R. Book 405, Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the intersection with the centerline of the 20 foot wide alley in said Block 84; thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E. ()'h Street and the Southeast comer of said land described in O.R. Book 405, Page 663; thence run West, along sind extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. AND: Commencing at the Southeast comer of Lot 1 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 1, to the intersection with the centerline of the 20 foot wide alley in said Block 84 and the PO~ OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 5 in said Block 84; thence continue Southeasterly, along the East line of said Lot 5 and Southerly extension thereof, to' the intersection with the centerline ofN.E. 5th Street (formerly Eleventh Street); thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of the 20 foot wide alley in Block 84; thence run West, along said extended centerline, to the POINT OF BEGINNING, AND: Commencing at the Southeast comer of Lot 5 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records ofOkeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 5, to the intersection with the centerline ofN.E. 5th Street (formerly Eleventh Street) and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block lIS of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the centerline of the 20 foot wide alley in said Block 115, also being the Northwest comer of a parcel of land as described in O.R. Book 406, Page 288, public records ofOkeechobee County, Florida; thence run East, along the Easterly extension of the centerline of said 20 foot wide alley and along the North boundary line of said parcel of land, to the Western shoreline of Taylor Creek and the Northeast comer of said land described in O.R. Book 406, Page 288; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 6th Street; thence run West along said extended centerline, to the POINT OF BEGINNING, AND: Commencing at the point of intersection of the Northerly extension of the East line of Block 147 and the Southeast comer of Lot 12 in Block 116, OKEECHOBEE, according to the plat thereofrecorded in Plat Book 5, Page 5, public records ofOkeechobee County, Florida, and run Southwesterly, along . .-') -~ ~7{ .- . OR BK 00511 PG 1168 said Northern extension of the East line of said Block 147, to the intersection with the centerline of N.E. 3M Street (formerly Ninth Street), also being the Southwest comer of a parcel of lahd as described in OR Book 405, Page 664, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southwesterly along said extended line, to the Northeast comer of Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1 and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run East, along the Easterly extension of the North line of said Lot 9, to the Western shoreline of Taylor Creek; thence run Northeasterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline ofN.E. 3M Street, also being the Southeast comer of said land described in O,R. Book 405, Page 664; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. LaRue Planning & Management Services, Inc. . 1375 Ja.n Street, Suite 206 Fort My , IFlorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-plarming~att.net Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: David & Anita Nunez, Jr. From: Holding To: Residential Single-Family (RSF-l) Petition No. 05-004-R Staff Report Rezoning Request . APPliC.J David and Anita Nunez, Jr. Petition No. 05-004-R General Information Applicant: Applicant Address: David and Anita Nunez, Jr. 2085 SE 4t Street Okeechobee, FL 34974 863-467-0611 Anita Nunez Applicant Phone Number: Contact Person Existing Proposed Parcel LD. Future Land Use Map Classification Zoning District Use of Property Acreage Access 3-15-37-35-00 I 0-0001 O-OOIAlII/lJ Single Family Single-Family RSF-I Single Family 2.26 Ave., & NE 2n St Location: NE 7th Avenue to NE 5th Street, go E to Creek, also NE 6th Street. Legal Description: Commencing at the Southeast comer of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline ofN.E. 6th Street (formerly Twelfth Street), also being the Southwest comer of a parcel of land as described in O.R. Book 405, Page 663, public records ofOkeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot I in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line f said Lot I and the Southerly extension thereof, to the intersection with the centerline of the 20 foot wide alley in said Block 84; thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E, 6th Street and the Southeast comer of said land described in O.R. Book 405, Page 663; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. Request: The applicants are requesting to change the zoning on the subject property from Holding (H) to Residential Single Family One (RSF-I). I Staff Report Rezoning Request e ei Applicant: David and Anita Nunez, Jr. Petition No. 05-004-R Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant, Residential East: Future Land Use Map Classification: Single Family Zoning District: RMH Existing Land Use: Mobile Homes South: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant, Residential West: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant, Residential Summary: The subject property has been designated Holding on the City's Official Zoning Map. The Single Family Future Land Use designation provides guidance into what is considered appropriate development for the property. The request is consistent with the Single Family Future Land Use category. The proposed use is compatible with the current existing uses of the surrounding properties. Analysis When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the Single Family Future Land Use designation allows for a maximum density of 4 units per acre. This request is consistent with the purpose and intent of Comprehensive Plan, specifically the Future Land Use Element. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations, Yes, the proposed use is for single family dwelling which is specifically allowed under the RSF -1 Zoning District. 2 Staff Report Rezoning Request . APPlic.'oaVid and Anita Nunez, Jr. Petition No. 05-004-R 3. The proposed use will not have an adverse effect on the public interest, The development of single-family homes on the subject property will not have an adverse effect on the public interest. 4. The 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 location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single Family on the Future Land Use Map and is consistent with the existing development to the north, south, and west. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the proposed use will not adversely affect property values or living conditions of the adjacent property. 6, The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Because of the proposed use there will be no buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services, No, the proposed use will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, The owner is allowed to develop the 2.26 acres at a maximum density of 4 dwelling units per acre. This would allow for a maximum of 9 home sites. This amount of development will not increase traffic congestion. Because of the properties' proximity to Taylor Creek, it is not known whether any drainage or flooding problems will occur because of development or whether the property is part of the Taylor Creek Drainage Basin. The Building Official should evaluate these concerns before a certificate of occupancy is issued. 3 Staff Report Rezoning Request . APPliCI David and Anita Nunez, Jr. Petition No. 05-004-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted to the owner if the application IS approved. Summary and Conclusions Prior to Certification Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. Landscape Regulations Not applicable to this request. Recommendation Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Single Family One (RSF-l) permitting the applicant to develop single family home sites, Not withstanding this recommendation, the applicant needs to demonstrate that the Single Family lot zoning is not on a portion of the property that is defined or designated as a portion of the Taylor Creek Drainage Basin. (See Attached Objective 9 and corresponding policies of the Future Land Use Element and Official Zoning Map.) Submitted by: James G. LaRue, AICP Planning Consultant June 21, 2005 4 . . :City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext..218 Fax: (863) 763-1686 :Pctition No, Jurisdiction: 19 .,';' 2nd Hearing: Publication Dates: V Name of property owner(s): (fiIDfM,f5 A- ~,~ A Owner mailing address: 1~"7~ Jh,J'j 7l>~. ~CJIt;I6-),q", 34'f'1z.- p p. Name of applicant(s) if other than owner (state relationship): ('. , L I Applicant mailing address: f U"7 ~E ~ /.;JJ,..,. Ii:. 3'Pi7z,. c A Name of contact person (state relationship): ~ 6Q:)P8 D~ - SoAl ~ V...;U ~ Fax: 357-11'-1 Notices Mailed: ... .. V Property address / directions to property: L."f'" "".,... .P I JD N6 ,1ft:. s1': (8lf4.,JSI /-IJ ri IJ ) Indicate current use of property: \J~-r Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): - ,..::oN~ - Approximate number ofacres:/).Il#'z,J, N-Is property in a platted subdivision? ,.;0 p Is there a current or recent use of the property that is/was a violation. of county ordinance? Ifso"describe: R ut:) 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, p nature and applicant's name: ~?J E R Is a sale subject to this application being granted? A)O T Is the subject parcel your total holdings at that location? 1fnot, describe the remaining or intended uses: y ~O~ OWW I. ~ lb..sr14~4S -AiJ..,.~NlD -u.t111'14M~'" MT:~#I.'~ . \J,-A oJ .... no- Describe adjoining land uses / improvements to the North: South: 'i~ / $;:: East:~ \J~'" West: ~1ItlLt*t.. Existing zoning: e~" Future Land Use classification: C!- Actions Requested: lJlfRezone U Special Exception LJ Variance Parcel Identification Number: 3 -16-a7- ~-OOlo-aol"(> -~o V Confirmation of Information Accuracy I hereby certi that the. fonnation in this application is correct The infonnation included in this application is for use by ee ob i cessing my request. False or misleading infonnation may be pWlishable by a fine of up to riso e up to 3 days and may result in the summary denial of this application. '" ro..cl~ Gt. GeoJJ,r~ Printed Name . 6/2.S/0S- Date Uniform Land Use Application (rev. 1103) Pae:e 1 of 2 . / . Current zoning classification: ~~ Requested zoning classification : R,..":: . R What is your desired permitted use under the proposed classification: E ~ O~.snz.cJa"" Nt'" c;Tf ~ IL.( A-I ~ (F,A)f""5 z: 0 N If granted, will the new zone be contiguous with a like zone? '1~S E .. . Is a Special Exception necessary for your intended use? NO. - Variance? Alo Describe the Special Exception sought: ~ S. .' P E C Provide specific LDR ordinance citation: r." . . A L E. Are there other similar uses in ~e area? Is so, describe: ... .'X, C E Why would granting your request be in the best interest of the area and residents? po. T I :0 If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: I-- Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N. . . C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? P::lUP, ? of 2 . . I, George Goodbread hereby grant consent to my son, Bmdley G. Goodbread to act on my behalf in the matter of rezoning of the property Block 18, Lot 10, City of Okeechobee. ~ o -- ,IIU" R bE' ~""~'U?"'''- 0 ert nrlCO i~~"A'~ECommisslon # DD359518 \~~.~~iExpires: DEe. 09, 2008 V/fDri\.~~$' Bonded Thru "'11/,'" Atlantic Bonding Co., InCl. ,~/~ ~. j.,' ./ . $-.;;lS--.JO~ . . Statement of Interest in the ProDertv: I, George Goodbread am the sole owner of the subject property legally described as Block 18, Lot 10, the City of Okeechobee. Statement of SDeeial Reasons and Basis for the Reouest: I presently own 16 lots which are contiguous to the subject property and which all are zoned MF - Multi Family. I plan on building a Multi Family Development on these 16 lots and would like to include this lot in the project. Intended Use. nature of activities and development of the DrODertv: I plan on building an apartment complex on the subject property consisting of 1, 2 and 3 bedroom apartments. Existin2 Use of Surroundin2 Properties: North: Vacant Land South: Vacant Land & Single Family Residences East: Commercial businesses along US 441 (North Parrott Ave) West: Vacant Land D SearchResults ri1gc I UI ~ . . Okeechobee County Property Appraiser Last Updated: 4n12005 Parcel 10: 3-15-37-35-0010-00180-0080 2005 Proposed Values ill Property Card GIS Map PrInt Owner & Property Info Search Result: 1 of 1 Owner's Name GOODBREAD GEORGE A Site Address 110 NE 12TH ST, Okeechobee Mailing 12575 HWY 70 E Address OKEECHOBEE, FL 34972 Brief Legal CITY OF OKEECHOBEE LOTS 8 9 10 BLOCK 18 Use Desc. (code) SINGLE FAM (000100) Neighborhood 112655.00 Tax District 50 UD Codes Market Area 11 Total Land 0.488 ACRES Area ---_. _".HaIaIe <<Prey 1ofO Next > > Property & Assessment Values Mkt Land Value cnt: (1) $9,750.00 Just Value $41,516,00 Ag Land Value cnt: (0) $0,00 Class Value $0,00 Building Value cnt: (1) $30,036.00 Assessed $41,516,00 XFOB Value cnt: (2) $1,730.00 Value Total Exempt Value $0.00 < Appraised $41,516.00 Total Taxable $41,516,00 Value Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/1/2004 524/1675 WD I U 03 $75,000.00 9/1/1992 338/635 WO I Q $19,000,00 Building Characteristics Bldg Item Bldg Desc 1 SINGLE FAM (000100) Year Bit 1962 Heated S.F. 962 Actual S.F. 1082 Bldg Value $30,036.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) CONC A <5000 SLAB 1996 $66,00 100.000 OxOxO PO (50.00) FENC 2 5'C/LINK 1996 $1,664.00 463.000 OxOxO PO (85.00) Land Breakdown Lnd Code Desc Units Adjustments Eft Rate Lnd Value 000100 SFR (MKT) 142.500 FF - (.488AC) 1.00/1.00/.85/1.00 $68.42 $9,750.00 Okeechobee Cou nty Property Appraiser Last Updated: 4/7/2005 Search Result: 1 of 1 ~ http://www.okeechobeepacomlGISID_SearchResults.asp 5/9/2005 . 1375 lac" Street, Suite 206 Fort Myem.lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a}att.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared for: The City ofOkeechobee Applicant: Bradley G Goodbread Owner: George A. Goodbread From: CHV To: RMF Petition No. 05-005-R Staff Report Rezoning Request . AP'ant: Bradley G. Goodbread Petition No. 05-005-R General Information Applicant: Bradley G. Goodbread Applicant Address: 12575 Highway 70 East Okeechobee, FL 34972 Applicant Phone Number: 863-634-2121 Contact Person Bradley Goodbread Owner: George A. Goodbread Owner Address: 12575 Highway 70 East Okeechobee, FL 34972 Existing Proposed Parcel J.D. 3-15-37-35-0010-00180-0080 Future Land Use Map Commercial Multi-Family Classification Zoning District CHV & RMF RMF Use of Property Single-Family and Vacant Multi-Family Development Acreage 0.491 0.491 Access NE 12m Street Location: Lot West of 110 NE 12th Street (Block 18, Lot 10). Legal Description: LOTS 8, 9 AND 10, BLOCK 18, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request: The applicant presently owns 16 lots which are contiguous to the subject property and are all zoned RMF. The applicant requests that Lot 10 be rezoned to RMF. This request would allow the applicant to continue development of the entire property. In addition to this request the applicant is also applying for a Small Scale Amendment from Commercial to Multi-Family. Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: Holding Existing Land Use: Vacant East: Future Land Use Map Classification: Multi-Family 1 Staff Report Rezoning Request . APtant: Bradley G. Goodbread Petition No. 05-005-R Zoning District: RMF Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant and Single-Family West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Commercial Summary: The subject property has been designated Heavy Commercial on the City's Official Zoning Map. The proposed use is compatible with the current existing uses of the surrounding properties. Analysis When recommending whether to rezone a classification of land, the factors that the City shall consider include, where applicable, whether or not: I. The proposed use is not contrary to Comprehensive Plan requirements. Multi-Family use and Residential Multi-Family Zoning is consistent with the Comprehensive Plan polices and the Future Land Use Map designation for this property . 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Multi-family development is authorized under the RMF Zoning District. 3. The proposed use will not have an adverse effect on the public interest. Apartments or other types of multi-family dwellings will not have an adverse effect on the public interest. 2 Staff Report Rezoning Request . . Applicant: Bradley G. Goodbread Petition No. 05-005-R 4. The use is appropriate for the location proposed, is reasonably compatible with acijacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Multi-family use and zoning are appropriate for this location. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of acijacent property. The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Concurrency impacts will be minimal for this type of zoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, The proposed use will not create traffic congestion, flooding, or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions on this property are those imposed by the Unified Land Development Code and the Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted to the owner if the application IS approved Summary and Conclusions Prior to Certification Based on the above criteria being met, Staff is recommending approval of the request as it is consistent with the Future Land Use Map. 3 Staff Report Rezoning Request . APlmt: Bradley G. Goodbread Petition No. 05-005-R Landscape Regulations Not applicable to this request. Recommendation Staff recommends approval of the request to allow rezoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF) permitting the applicant to develop multi-family dwellings. Submitted by: James G. LaRue, AICP Planning Consultant June 21,2005 4 - l;,:rro~~q 4 1 d\'i , "1.'1"" . t' l",L ~ _~ ..._J ~~. . '. . , : ' ..., il'Il'."~:J1I)'ll'l.I~i .~:::~':.;J~ ,.,. I _ ._._u. .....1.__.... .. ._j I-~~~~-~..~~.!._..~ ~..._.j ;:J;IL~~:_J:' ~~ ___j~ ~~~: C~~:IL'.i:~'.~~~.JI ~ <1 I ~r~"':._d'_'__.' 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