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2005-07-26 LPA . . CITY OF OKEECHOBEE LAND PLANNING AGENCY JULY 26, 2005 SUMMARY OF AGENCY ACTION I. Call to Order - Chairperson. Land Planning Agency, July 26, 2005, 6:45 p.m. Chairperson Ledferd called the July 26,2005 Land Planning Agency meeting to order at 6:45 p.m. II. Chairperson, Member and Staff Attendance - Secretary. 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 Present Present Present - serving as voting member Present - serving as voting member Present Present III. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action Agency Member McCoy motioned to dispense with the reading and approve the Summary of for the June 28, 2005 regular meeting. Agency Action for the June 28, 2005 Regular Meeting; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy - YEA WHIDDEN - YEA MOTION CARRIED. III. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 009-SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commerical. The subject property is located at 408 NE 3rd Street. The property owners and applicants are Haynes and Susan Williams - City Planning Consultant. . . Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The subject property is developed with a 2- story duplex that is currently being used as an office (downstairs) and a rental apartment (upstairs). The applicant is not proposing to change the existing use only the FLU And Zoning. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the Commercial land use category and the Plan policies that control such uses. (B) Concurrency of Adequate Public Facilities. The subject property is already developed and is included with the City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. (D) Compliance with Specific Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best served by changing it's Future Land Use Classification to Commercial. Planning Staff Report Analysis and Conclusion: The request to change the Future Land Use classification for the subject property from Single-Family to Commercial should be denied based on the above information. Whatever use that is present must be reviewed separately as to whether it is there as a nonconforming use or allowed by other action. There was a brief discussion between the Agency Members and Attorney Cook related to non- conforming uses within Commercial zoning districts. Chairperson Ledferd explained that the property surrounding that area is mostly commercial type uses. Attorney Cook explained that if the application is denied, only the residential use would be permitted to continue. If the application is granted the commercial use could continue; then, if a Special Exception is granted the residential use could also continue as long as all City requirements are met. IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 009-SSA, continued. Agency Member Whidden questioned Attorney Cook whether it was customary to change the zoning/land use of one lot in the middle of the block. Attorney Cook responded that it would be considered spot zoning, however the trend in the area should also be considered. Agency Member McCoy stated that the new developments in that area are more of a commercial nature than residential homes being constructed. . Susan Williams, property owner, explained to that Agency that the property is currently being used as a rental apartment upstairs and a temporary real estate office downstairs. She explained that another one of their properties were destroyed by last years hurricanes. The tenant of that property, Okeechobee Land Company, is currently occupying the downstairs as their office. Once their original location is repaired they will be moving back. Mrs. Williams indicated that they are proposing to sell the property. Mrs. Williams provided the Agency with a map of the area listing the uses of the surrounding properties within that area. She explained that the map will show that the area is primarily used for commercial businesses. Attorney Cook explained that the new property owner must comply with all City Codes; including, but not limited to, paved parking, landscaping, and drainage. There was no public comments, nor any further discussion from the Agency. . Agency Member MCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-009-SSA to change the land use designation from Single Family to Commercial; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy - YEA WHIDDEN - YEA MOTION CARRIED. u'-<::;./............ July 26, 2005 - Land Plannin Agency - Page 4 of 4 IV. New Business. B. Discuss amending Section 82-61 Land Development Code specifically related to wellhead protection - City Attorney. . . 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 back .up for 0 . . ~ofthe Department. / -' "~. (/ t? ^ ) .) / / ,.~ C/j?--C.-~kL~ '-----e:. ~ ATTEST: fflU.t .~ .~ [colL) Katrina Cook, Secretary Attorney Cook explained the proposed amendment to Land Development Regulations to the Agency. Mr. Cook referred to the letter that he prepared to for the Agency, as well as comments suggested by City Planning Consultant, Jim LaRue. Attorney Cook explained that our regulations are currently vague, and that the proposed changes are tailored to follow the standards required by the Department of Environmental Protection. Mr. Cook explained to the Agency that the wellheads are located on the property to the North of the Industrial Park, and that there are no wellheads located within the park. Agency Member McCoy motioned to recommend to the City Council to amend Section 82-61 of the Land Development Code to comply with the information provided by Jim LaRue, City Planning Consultant, and Attorney Cook; seconded by Agency Member Hoover. VOTE BURROUGHs-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL- YEA McCoy - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:24 p.m. e . PA<r~-1- CITY OF OKEECHOBEE - JULY 26, 2005 - LAND PLANNING AGENCY - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: Meeting 6:45 p.m. July 26. 2005. I I Land Planning Agency Regular! I i I i I II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Present Absent Chairperson William Ledferd I' Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Thomas Keller Board Member Douglas McCoy Alternate Terry Burroughs\ ~IJ \ V'\.Cl.ClJ . / '(oD~ \AD () Alternate John WhIdden ~V"" Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Agency Member ~ moved to dispense with the reading and approve the Summary of Agency Action for the June 28, 2005 Regular Meeting; seconded by Ag~ncy Member 0 \.+ ' VOTE Hoover K. Keller T. Keller Ledferd Mavroides Maxwell McCoy YEA NA Y ABST AIN ABSENT MOTION: CARRIED - DENIED . . -11 I I I' ! i i PA E -2- I I t ! A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-009- SA. Consider a recommendation to the City Council, to change the land use design ion from Single Family to Commercial. The subject property is located at 408 N 3rd Street. The property owners and applicants are Haynes and Susan Williams - ity Planning Consultant. IV. New Business. 01.'fl\l\~X \l\Orcp.n 'f~r~fltCLt1Yr~ 0-(2 P~"f)\.Dq LlJld manQ~ b~ltfly ~-tQtf Ripoy~ loJ<Lu c1tO~d eX'f\C. - \ ~ ,30\d - IRO-J. W~ I \lO-\- torrh'nue..? ~- 011- ~lL ~ti'D0l1 IS cicJ7J1d lJ{ ab(€ 1-0 con hnu.e w, Q x I s-h nC1 o V\) ILLY -S J~- ~'Ll '-* ~DfL\ Cho.nqc.--ro ~mm.LVGlQJ O~-nu 5fUeJ. O1Id (QSldtn1!a/ l wi ~t) w h,C\-\Lt/l \.4- lS lAp pro p y'lL), tc q () vJ { Lo ~ l( e. oL- 5LcrrQundlnq PYOf2t/LDQJ do h~l VQ. Com rru relO J Tb- ~ ,'5QV!L '( ~ \ com ryux L lQ ~ 'O\.-lS \. f'\.t SS e S tX\ 11\.l SLA.XYO\Ax,dLIlC\ Ct.'( tOt S Yc - \ +- ~l\ l:S L S ct-lJll-Q c\ - (~S' Ici.crrnCl \ ?n l ~ \ ~ CA-pprovQd - v.es $L(llll~ \ + COIRffi.,tXCllJ,- \ uu~ tD~'\:-\-n~ i : I II ; I II II I, I: Ii ! I ! . L{~~5 I! 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CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING JULY 26, 2005 OFFICIAL AGENDA PAGE 1 OF 1 CALL TO ORDER: Land Planning Agency, July 26, 2005, 6:45 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 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 June 28, 2005 regular meeting. IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-009-SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commerical. The subject property is located at 408 NE 3rd Street. The property owners and applicants are Haynes and Susan Williams - City Planning Consultant. B. Discuss amending Section 82-61 Land Development Code specifically related to wellhead protection - City Attorney. 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 official records of the Department of General Services, . 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. . 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 III. . Minutes - Secretary. 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 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. - June 28, 2005 - Land Plannin Agency - Pa e 3 of 4 . 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. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:11 p.m. . ATTEST: William Ledferd, Chairperson Katrina Cook, Secretary . 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: LQ 1 9.1 Fee Paid: t 500 _ 1st Hearing: -, I ~U \ 05 Petition No. 05- Jurisdiction: L PA Q..Q.. 2nd Hearing: '81 ~ 105 Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Jl Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name of property owner(s): Haynes E. Williams and Susan Williams Owner mailing address: 206 N. Parrott Ave., Okeechobee, FL 34972-2931 Name of applicant(s) if other than owner (state relationship): Same Applicant mailing address: Same Name of contact person (state relationship): Same 610-2390 Fax: Property address / directions to property: 408 NE 3rd St., Okeechobee, FL 34972 Parcel Identification Number: 3-15-37-35-0010-01440-0030 Size of the Property (in acres): 0.20 acres Current Zoning Designation: RSF-l Current Future Land Use Designation: Single Family Existing Use of the Property: Temporary real estate office + 2 bedroom apartment Proposed Future Land Use Designation: Cormnercial Proposed Use of the Property: Real estate brokerage on 1st floor and two bedroom apartment on the second floor. Description of Surrounding Properties: 2 dentist offices, McDon!ild' s, Wise TV & Radio Shack, Watford Trucking, Beauty shop, & florist, Church of God, Attorney Colin Campbell's office, single family residences Legal Description of the Property (Lengthy Description May be Attached): Lot 3 and the west ten feeLoLLoL2J,~B10~k 144, CityoLOkeechobee Uniform Land Use Application (rev. 12/03) Page 1 of 2 t Survey of Property (11" x 14",20" Scale) ~ Letter Outlining Request ~ Notarized Letter of Owner's Authorization 1 Application Fee (non-refundable) ~ City Location Map I hereby certifY that the information in this application is correct. The information included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fme of up to $500.00 and imprisonment of up to 30 days may result in the summary denial of this application. Haynes E. Williams Printed Name SusttYl WIII,tAJ41s June 23, 2005 Date (p,~ t.J- OS;- Uniform Land Use Application (rev. 12/03) Page 2 of 2 . . HAYNES E. WILLIAMS 206 NORTH PARROTT AVENUE OKEECHOBEE, FL 34972 OFFICE: (863) 763 - 8051 ~ FAX: (863) 763 - 4268 CELL: (863) 61 0 - 2390 June 23, 2005 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Comprehensive Plan Map Amendment Application Parcel 3-15-35-37-0010-01440-0030 Lot 3 and the West 10 feet of Lot 2, Block 144, City of Okeechobee To Whom It May Concern: The two-story duplex located on the subject property was built in 2000 by Mike and Patricia Powell and purchased on December 26, 2002 by Haynes and Susan Williams. Presently, it is non-conforming Single Family RSF-l. The downstairs is occupied by a real estate brokerage and the upstairs is rented out as a two-bedroom/one-bath apartment. Adjacent to the subject property are single-family residences, professional offices (two dentists, one attorney), Watford Trucking depot, Church of God, McDonald's, Wise TV /Radio Shack, and a new commercial building under construction one block to the west. We are submitting this application to change the future land use designation from Single Family Residential (RSF-l) to Light Commercial (CLT). i ~aJ~ Susan Williams b ~ Ll j c'. b ::J LJ j c'. :J LJ 0 c: C> C> ~ ~ C> e:> ~ ~ ~ ..,. ord BOl orb 484 9 3 C> 1 12 Co 1 1 OJ N ~ ~ Co C> C> ~ ..,. ..,. ~ 7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11 12 50 50 50 50 50 50 50 50 50 50 50 50 6 5 4 3 2 6 5 4 3 2 6 5 4 3 2 = Co C> C> en :::: e:> e:> :::: :::: :::: :::: ord 801 orb 484 en C> C> = a a C> :::: :::: :::: :::: :::: :::: 7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 11 12 50 50 50 50 50 50 50 W W =::> =::> z: z: w 6 5 4 3 2 w :::> :::> <C <C e:> a :::: :::: Cl I IT a a I-- :::: :::: (YJ "'=J W w 7 8 9 10 11 12 z: z: 50 50 50 50 6 5 4 3 2 i Co C> '.':: A A :::: '\ a ...L e:> '.':: :::: 7 8 9 10 11 12 50 50 50 5D W W =:J =::> z: 6 5 4 3 2 z: w w :::> :::> <C Co C> <C '.':: '.':: ::I:: C> :r a I-- I-- '.':: :::: LCJ lD W W z: z: 5D 50 , LO CT) N89'56'57'W 60.04' (F) RBF t I I I I I , . I CD - . I N ":" I I CON C ' I I PAD I -.- I -- \1 I 16. 95~-;. C") I ~ 2 STORY iE f\I r> I ~ FRANE ~ I I- ~ ~ I 0 r- Ce ~ ,~ ~~' CD ..::-19. 81' - I -J ai _J AI~ ! I .... LL - I I :a I 0 l\o) I I I .... I 1 I ' LOT 4 b IL o T 31 0 I I I 0 8 I I I .... (I) I I I I I l- I I I Q) , r., ~ I ILl CD .... N ~ I 3: CD CD I I I I I I I I A CREAGE- .207 I I I I I I I I I I I I I I I RBF ~ ~ I 589'49' 18'E 60.05' (FJ 1 5 ' ALL E Y N. E. 3RD AVE CENTERLINE LEGEND RBF - Rebar Found RBS - Rebar WICap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAil AND TAB FOUND (p] - As per the plat of (F) - Field Measurement (D] - As per the deed (C) - Calculation \ ISCALE l' - 30'1" , LO CT) ~) \ RBS RBF N89'57'00'W 90.09' (F) NOTES: 1. Basis bearing THE NORTH BOUNDARY LINE 2. Bearings per ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per owner ~ ~ STREET ADDRESS: 209 NORTH EAST 3RD AVENUE .... o d 10 .... CERTIFIED TO: HA YNES E. AND SUSAN WILL I ANS LLI ~ ... b o b o z LOT 2 SURVEY OF: LOT ~ AND THE WEST 10 FEET OF LOT 2. BLOCK 144. OKEECHOBEE. ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 5. PAGE 5. PUBL I C RECORDS OF OKEECHOBEE COUNTY, FLOR IDA. CERTIFICATE OF SURVEY RBS I HEREBY CERT I FY THA T THE PLA T OF SURVEY SHOHN HEREON WAS PREPARED UNDER NY DIRECT ION AND SUPER V I S ION. n ~U n,:__f:~_ LELAND DYAlS. RLS 2084 ~_c:..L seAL!: 1- · 30' LDCATltlN:L- , IllEST '0' L- &. 8- .IU 22/31/. . LELAND OYALS r:t1IIPUTED SfIWEY FrJA: IMJE: 06J22/C15 8r. HAYNES JOB NO.: 6342 R, L. S. 2084 trP-AR WILLIAMS .. NO. : 1.1 ~ IlHEIT 304 S. Ii. 3rd Ave. , Okeechobee, Fla. 1 1 PHONE. . . . . 783-.... FAX. . . . . 7U-2f!iOO NO. IEVISI_ DA~ 8Y R'AL IF. 8.1"-':C1. 1910-.. OF . 1375 J*n Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(aJatt.net LaRue Planning & ManagelTIent Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: From: Petition No.: The City of Okeechobee Haynes and Susan Williams Single-Family to Commercial 05-009-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Haynes & Susan Williams Petition No. 05-009-SSA General Information Applicant: Haynes & Susan Williams Applicant Address: 206 W. Parrot Avenue Okeechobee, FL 34972 Applicant Phone Number: 863-610-2390 Existing Proposed Future Land Use Map Single-Family Commercial Classification Zoning District RSF-l CLT Use of Property Office & Apartment Office & Apartment Acreage 0.20 acres Access NE 3rd Location: 408 NE 3rd St. Lot 3, and the West 10 feet of Lot 2, Block 144, Okeechobee, according to the Plat there of recorded in P.B 5, Pg. 5, Public Records ofOkeechobee County, FL. Legal Description: Request: The matter for consideration is an application for an amendment to the City of Okeechobee Future Land Use Map. Based on the size of the subject property this application qualifies under F.S. 9163 as a "Small Scale Amendment" to the Plan. Adjacent Future land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single-Family RSF - 1 Vacant Single-Family RSF - 1 Single Family residence Multi-Family RMF Vacant Single-Family RSF - 1 Single Family residence 1 Staff Report Small-Scale Comprehensive Plan Amendment . APPIi.: Haynes & Susan Williams Petition No. 05-009-SSA Summary: The subject property is developed with a 2-story duplex that is currently being used as an office (downstairs) and a rental apartment (upstairs). The applicant is not proposing to change the existing use only the FLU And Zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the Commercial land use category and the Plan policies that control such uses. B. Concurrency of Adequate Public Facilities The subject property is already developed and is included with the City's service area. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land uses. D. Compliance with Specific Standards of the Plan. There is I!o evidence presented to show this property, in terms of compatibility, would be best served by changing it's Future Land Use Classification to Commercial. Analysis and Conclusions The request to change the Future Land Use classification for the subject property from Single-Family to Commercial should be denied based on the above information. Whatever use that is present must be reviewed separately as to whether it is there as a nonconforming use or allowed by other action. Maps or Diagrams Submitted by: James G. LaRue, AICP July 19,2005 2 J . . July 26, 2005 MEMO zoning board re: well field protection You may recall that you recently permitted the amendment to the LDR's regarding the definition of wellfield protection; the original defined an area 'l'2 mile from the wells as protected, and it was amended to state the protected area is 1000 feet, with the closest 300 feet denying any development whatsoever. The comprehensive plan still requires that the city evaluate and protect development within 'l'2 mile of wells, but the 1000 foot area is the only area that the LDR's mandate certain prohibitions. It has come to light that section 82-61 of the LDR's contains some language that jeopardizes commercial / industrial use within the 1000 foot area, meaning such language could prevent the city from using a large area of the industrial park. Thus, we must consider amending the language of existing LDR's. However, wellfield protection is part of the required comprehensive plan elements we must adhere to with Department of Community Affairs (DCA), so these protections must be addressed in both the comp plan and the LDR's in a manner acceptable to DCA. Therefore, I am requesting that this board recommend to the city the following language in section 82-61 : Sec. 82-61. Development in and adjacent to a designated wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the wellfield protection area is defined as a radius 1000 feet from the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet in diameter from the wellhead. (c) The following land uses are prohibited within the wellfield protection area: . . . (1) Landfill (2) Facilities for bulk storage or processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection (DEP) within 1000 feet of a wellhead. (3) Activities that require the storage, use, or handling of chemicals, hazardous toxic wastes, medical wastes, sludge, or materials that would not be permitted by the State Department of Environmental Protection (DEP) within 1000 feet ofa wellhead. (d) Special restrictions on development allowed within the wellhead protection area are as follows: (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. (2) Any development within the wellfield protection area shall comply with all local, state and federal codes to require on-site containment of all substances, fuels, oils, chemicals, wastes or materials that are permitted within such use by DEP as incidental to a development's principal use, to prevent such substances from entering the groundwater supply. (e) No wells for private use that extract groundwater below the surficial aquifer shall be permitted. John Cook City Attorney .'--- 959 P01 JUL 25 '05 15:58 ..,.,,'" LARuE PLANNING & MANAGEMENT SERVICES, INC. ] 375 Jackson Street, Suite 206 Fort Myers. FL 33901 239-334-3366 · FAX: 239-334-6384 E-Mail: larue-planning@att.net FAX TRANSMISSION To: Fax No. From: SubJect: Katrina Cook ~uto Dial James G. laRue wellfleld proteqion areas Date: 7/25/2005 Pages: ~ Including this cover sheet COMMENTS: Our suggestions to the wellfleld protection areas. 959 P02 JUL 25 '05 15:58 . . Sec. 81-61, Development in and adjacent to a designed wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the well field protection area is defined as a radius 1000 feet from the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet from the wellhead. (c) The following land uses are prohibited in the wellhead protection area: 1) Landfllls; 2) Facilities for bulk storage or processing of fuel or chemicals., or use of materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; 3) Activities that require storage, use or handlin, ofbazardous materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards. 62-521 F.A.C.; Cd) Special restrictions on development allowed within the wellhea4 protection area are as (allows: 1) Stonnwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into water aquifers; 2) Any development within the weUfield protection area shalt comply with all local, state and federal codes to require the on-site containment of all hazardous materials not otherwise prohibited by this section. . . NATURAL RESOURCE PROTECTION ARTICLE I. IN GENERAL Sees. 82-1-82-30. Reserved. ARTICLE II. ENVIRONMENTALLY SENSITIVE LAND PROTECTION* Sec. 82-31. Development plan compliance with article provisions. Development plans shall comply with applica- ble federal, state and South Florida Water Man- agement District regulations relating to environ- mentally sensitive lands. (LDR 1998, ~ 80l) Sec. 82-32. Environmental study. Development proposals shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: (1) Wetlands. (2) Soils posing severe limitations to develop- ment. (3) Unique habitat. (4) Endangered species of wildlife and plants. (5) Floodprone areas. (LDR 1998, ~ 801(1)) Sec. 82-33. Management plan. Where a resource management plan is re- quired by another permitting agency, a copy shall be submitted to the city. (LDR 1998, ~ 801(2)) Sees. 82-34-82-60. Reserved. ARTICLE III. GROUNDWATER AND WELLHEAD PROTECTION Sec. 82-61. Development in and adjacent to a designated wellhead. (a) Development in and adjacent to a desig- nated wellhead is regulated to protect water sup- plies from potential contamination. *Cross reference-Environment, ch, 30. ~ 82-91 (b) No development activities shall take place in the zone of exclusion. (c) The following land uses are prohibited within the wellhead protection area: (1) Landfill. (2) Facilities for bulk storage, handling or processing of materials on the state sub- stance list. (3) Activities that require the storage, use, handling, production or transportation of restricted substances: agricultural chem- icals, petroleum products, hazardous toxic wastes, industrial chemicals, and medical wastes. (d) Special restrictions on development al- lowed within the wellhead protection area are as follows: (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. (2) Where development is proposed in areas with existing wells, these wells shall be abandoned and plugged. (e) No wells for private use that extract ground- water below the surficial aquifer shall be permit- ted. (LDR 1998, ~ 802) Sees. 82-62-82-90. Reserved. ARTICLE ~ MAXIMUM IMPERVIOUS COVERAGE Sec. 82-91. Regulations enumerated. (a) Total impervious surface on a development site shall not exceed the maximum impervious surface coverage established and listed within each zoning district of these regulations. (b) Water bodies shall be calculated as imper- vious surface. (c) Porous paving materials used in accord with city specifications shall be counted as 50 percent impervious surface. CD82:3 . . NATURAL RESOURCE PROTECTION ~ 82-127 (c) Walls below base flood elevation shall be constructed substantially impermeable to the pas- sage of water. (d) Structural components shall be designed to resist hydrostatic and hydrodynamic loads and buoyancy effects. (LDR 1998, ~ 825) Sec. 82-127. Subdivisions. (a) Preliminary subdivision plats shall iden- tify the FEMA, FIRM base flood elevation. (b) Final subdivision plat shall identify the FEMA, FIRM base flood elevation and elevations of proposed building pads, structures and floors. (c) Lots must include a site suitable for build- ing in conformance with these regulations. (d) Subdivisions shall have adequate drainage provided to reduce exposure to floods. (LDR 1998, ~ 826) CD82:5 . . CITY OF OKEECHOBEE PLANNING BOARD JULY 26, 2005 SUMMARY OF BOARD ACTION Page 1 of 5 I. CALL TO ORDER - Chairperson. Planning Board, July 26, 2005, 7:00 p.m. Chairperson Ledferd called the July 26,2005 Planning Board meeting to order at 7:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Cook called the roll: 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 Present Present Present Absent - with consent Absent - without consent Present Present Present - serving as voting member Present - serving as voting member Present Present III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action Board Member Hoover motioned to dispense with the reading and approve the Summary of Board for the June 28,2005 regular meeting. Action for the June 28,2005 regular meeting; seconded by Board Member McCoy. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R. Consider a recommendation to the City Council to rezone Lot 3 and the West half of Lot 2, Block 144, City of Okeechobee from Residential Single Family - One (RSF-l) to Light Commercial (CLT). The property owners and applicants are Haynes and Susan Williams. . . July 26, 2005 - Planning Board - Page 2 of 5 Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CL T would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single-Family Future Land Use Category and the current RSF-l Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-l Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversel y affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (I) The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-l to CLT based on the above data and analysis. Ms. Morgan explained that since the Land Planning Agency recommended approval for the Comprehensive Plan Future Land Use Map Amendment from Single Family to Commercial, the Light Commercial (CLT) zoning district would be consistent with the Comprehensive Plan. July 26, 2005 - Planning Board - Page 3 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R, continued. There was no public comment, nor any discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 006-R, changing the zoning from Residential Single Family - One (RSF-1) to Light Commercial (CLT); seconded by Board Member Burroughs. . VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. . Haynes Williams, property owner, requested to address the Board. He explained that approxi- mately one year ago the Board approved a rezoning request for one of the properties located near his property. He explained that the Planning Staff recommended approval on that rezoning petition stating that there would be "no adverse affect". Mr. Williams continued by explaining that the Planning Staff stated that the proposed rezoning "would have an adverse affect" on the surrounding area. Mr. Williams explained that he counted thirty-seven (37) businesses and five (5) residences. Mr. Williams thanked the Board for the favorable recommendation to the City Council. B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residen- briefly described the Staff Report as follows: tial Single Family - One (RSF-l) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Planning Stafr Report Summary: Nt A Nathan Pippin. Planning Staff Report Analysis: (A) Residential multi-family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi-Family for this property. (B) Multi-Family development is authorized under the RMF Zoning District. (C) Multi-family dwellings will not adversely affect the public interest. (D) Multi-family use and July 26, 2005 - Planning Board - Page 4 of 5 IV. NEW BUSINESS. B. Rezoning Petition No. 05-007-R, continued. zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the QUA has a I2-inch sewer force- main along NE 3rd Avenue and along NE 11th Street from NE 3rd Avenue to HWY 441. Any sewer connection would require a lift station. The lift station could be constructed to QUA standards and QUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The QUA has a I8-inch water main within the alley- way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (I) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. . Planning Staff Report Summary and Conclusions Prior to Certifications: Depending on water and sewer availability, the proposed multi-family development appears to be compatible. Planning Staff Report Landscape Regulations: The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 - 543. . Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi-family units. 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- 007 -R, changing the zoning from Residential Single Family - Qne (RSF-I) to Residential Multiple Family (RMF); seconded by Board Member McCoy. IV. NEW BUSINESS. B. Rezoning Petition No. 05-007-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 .Ihe 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, thepepartment, ~~,J, .'- ~~ /')/J;? L [.L/.A"f)::~- ATTEST: . ~~7\ tVW~ CAntu Katrina Cook, Secretary July 26, 2005 - Planning Board - Page 5 of 5 VOTE BURROUGHS - YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAxWELL - YEA McCoy - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:43 p.m. CIT~ OF OKEECHOBEE . JULY 26, 2005 . PLA~NING BOARD. HANDWRITTEN MINUTES I. OALL TO ORDER. Chairperson: Jul 26 2005 Plannin I II. idHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. · ! Prese t , I i : I Chairperson William Ledferd : I Vice Chairperson Dawn Hoover : i : I Board Member Kenneth Keller : I , ' Board Member Thomas Keller , i I I . . PAGE -1- .m. ( '. ~'5 Absent I I i : I 11 , ! i I i Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy 1\0. 0') \ I J\~ Alternate Terry Burroughs >S~~rC\ D /' \i", u'^-\i)t- Alternate John Whidden \v-..r Attorney John R. Cook ; ! , i I! i i ,1 , 'I I Secretary Katrina Cook I I , ! I I III. : I MINUTES. Secretary. i I A. ,: Board Member 0 H moved to dispense with the reading and approve the SummarY of :: Agency Action for the June 28, 2005 Regular Meeting; seconded by Board Member om c....- ] I VOT~~ HooV r K. Ke ler T. Kel er Led~ d Max' II Mavt ides McC~ YEA NAY ABSTAIN ABSENT 1 MOTION: CARRIED - DENIED . . PAGE -2- IV. ; New Business. City Planning Consultant. A.: Rezoning Petition No. 05.006.R. Consider a recommendation to the City Council to rezone Lot I 3 and the West half of Lot 2, Block 144, City of Okeechobee from Residential Single Family. One (RSF.1) to Light Commercial (CL T). The property owners and applicants are Haynes and Susan Williams. J'Q Ii Ii Ifo IY10t C\CtY\ I (Q pr] 5Qnt Clil V Q 01 LaQu) QlL1nhlYlCj o.hO l'YlO~O ~m.LIlA J \J VI Q j:' I cj clvXvlXltd Uto~+ ~pOV+' S \ nu Y~COYV\..t~Y10Oti10"l '11.9 ChorOJt pc U +0 COM vvuvC lOt. I \VOs' re cOWLvvu..noUd) CL I wOU l 01 +-u \ I llhOlk-'\ 81M FllA. \~a c\\S'Ctl~51 Of) , \. fV\Qit Ov~ T6 second.. rwv~ c A-\ 1 ~~C1 ---- no l) rus ~ \ \ \ \ Chn s e'l< e l a Ul e ol + h a. -t-- [)O n nQ \)\,U rOJrl \s S+arf 0-PJr-f said I' (10 Qdl/(v5e GttLC~ II h\ S S--tu+4 r~po~-+)+a+(o( \\ VVQlillOl have Of1 ad y ~ y ') ~ u ~+( c. -\-, ' I 3 L bU5( Y1issej 0ye5Ictlnu--') I I i _ ____1.L____ . . PAGE -3- B " Rezoning Petition No. 05-007 -R. Consider a recommendation to the City Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residential Single Family - One (RSF-1) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Nathan Pippin. JQ\\\\\tlX \y\O~ ~V\ I f-tpriQQJ/+Cltlvt lQKllt VVlnnJ)C\ Dnd monoCf;nLttl+ 'oV\ t ~ l '---\ cuoc~~lli d 6+Ct ~f P-tPJV+ C1~ fa \ \O\fJ~ ., Ot S-tIV\J [X D~ CnG1\O() - om ~ ~CQi"d, ~ Q;(]~ I ,-- . V.' ADJOURNMENT. Chairperson Ledferd at L" Lf~ p.m. . PAGE -4- CITY OF OKEECHOBEE PLANNING BOARD JULY 26, 2005 OFFICIAL AGENDA PAGE 1 oF2 I. CALL TO ORDER: Planning Board, July 26,2005, 7:00 p.m. - Chairperson. 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 June 28, 2005 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Rezoning Petition No. 05-006-R. Consider a recommendation to the City Council to rezone Lot 3 and the West half of Lot 2, Block 144, City of Okeechobee from Residential Single Family - One (RSF-l) to Light Commercial (CLT). The property owners and applicants are Haynes and Susan Williams. B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residential Single Family - One (RSF -1) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Nathan Pippin. JULY 26, 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 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 official records of the Department of General Services, II .. ] st Hearing: 2nd H~g: Fee Paid: Petition No. 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 Jurisdiction: Publication Dates: Notices Mailed: Uniform Land Use Application Rezone · S ecial Exception · Variance V' Name of property owner(s): Ha nes E. Williams and Susan Williams A Owner mailing address: 206 N. Parrott Ave., Okeechobee, FL 34972-2931 p P Name of applicant(s) if other than owner (state relationship): Same L I Applicant mailing address: Same C A Name of contact person (state relationship): Same N T Contact person daytime phone(s): 863 610-2390 Fax: V' Property address / directions to property: 408 N.E. 3rd St., Okeechobee, FL 34972 . .... Indicate current use of property: Temporary real estate office + 2 bedroom anartment ... Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): 2-story duplex with an office downstairs and a 576 Sq ft apartment upstairs Approximate number of acres: 0.20 Is property in a platted subdivision? City of Okeechobee Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R No 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: None E R Is a sale subject to this application being granted? No, proposed sale to Patricia Goolsby T Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: y Yes Describe adjoining land uses / improvements to the North: Vacant South: McDonalds East: Resideno' West: l'd-t-u 1",...,1 in r . 1 Existing zoning: RSF-l Future Land Use classification: ,C:inn1." r""mi1u Actions Requested: ()iJ Rezone L-) Special Exception L-.) Variance Parcel Identification Number: 3-15-37-35-0010-01440-0010 V' Confirmation of Illformation Accuracy I hereby certify that the information in this application is correct. The'information included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fme of up to $500. 0 d imprisonment of up to 30 days and may result in the summary denial of this application. Haynes E. Williams Printed Name Svsa.Y1 tu,/IIt:tNA.5 June 23, 2005 Date ~.~ 1./-"5' Uniform Land Use Application (rev. 1/03) Page 1 of 2 V-' Current zoning classification: RSF-l Requested zoning classification : CLT R What is your desired permitted use under the proposed classification: Main use will be a 1st floor E professional office with a 576 sq ft apartment oo_the second floor. Z 0 N If granted, will the new zone be contiguous with a like zone? Commercial to the south and E sinqle family to the north, east, and west Is a Special Exception necessary for your intended use? Yes Variance? No Describe the Special Exception sought: - S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p 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: 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? Uniform Land Use Application (rev, 1/03) Page 2 of 2 . . HAYNES E. WILLIAMS 206 NORTH PARROTI AVENUE OKEECHOBEE, FL 34972 OFFICE: (863) 763"8051 ::= FAX: (863) 763"4268 CELL: (863) 6 1 0" 2390 June 23, 2005 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Uniform Land Use Application Parcel 3-15-35-37-0010-01440-0030 Lot 3 and the West 10 feet of Lot 2, Block 144, City of Okeechobee To Whom It May Concern: We, the applicants, have owned the subject property since December 26, 2002. Located on the subject property is a two-story duplex with a one-bedroomlone-bath apartment on the ftrst floor and a two-bedroomlone-bath apartment on the second floor. Presently, it is non-conforming Single Family RSF-l. In addition, the downstairs is occupied by a real estate brokerage and the upstairs is rented out as a two-bedroomlone- bath apartment. We, the applicants, have proposed to sell the duplex to Goolsby Realty subject to getting the property rezoned from Residential Single Family (RSF -1) to Light Commercial (CL T). As noted on the application, there are numerous businesses located near the subject property. The intended use of the subject property will be light commercial. The nature of the activities will be consistent with that of a real estate brokerage. We do not anticipate any future development of the subject property. We are submitting this application to rezone the subject property from Single Family Residential (RSF-l) to Light Commercial (CLT). .Wdl~~ aJ~ Susan Williams ~o 4 9J PAlif I 3i3 PreDared bv and return to: JOHN D. CASSELS, JR. Attorney at Law Cassel. & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 ~umentary Stamps ~Id In the afOOUilt of $ 'It'')O.oo Class C Intangll:~~tTax paid in the amount of $ "t:T Sharon Robeftson, CIetk rI Circuit Court ~~~ By: . o.v..~Ct~.D.C. ~~I rl--dn-a, . __ rSpace Above This Line For Recording Datal File No.: 664 Parcel Identification No. 3.15-37-35-0010-01440-0010 D. U. ()lJ ()O rL" ",1'10. D~{) Warranty Deed (STATIITORY FORM - SECTION 689.02, F.S.) This Indenture made this 20th day of December, 2002 Between PATRICIA POWELL, a single woman, ward, by MARGARET McCONNELL as Guardian of the property of PATRICIA POWELL whose post office address is 1226 Lake Geneva Drive, Lake Worth, FL 33461 of the County of Palm Beach, State of Florida, grantor*, and HAYNES E. WILLIAMS and SUSAN WILLIAMS, his wife whose post office address is 208 North Parrott Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum ofTEN 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 1,2,3,10,11,12 OF BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS DEED is executed and delivered pursuant to that certain Order for Sale signed on December _, 2002, in that certain guardianship proceeding in the Circuit Court of Okeechobee County, Florida, entitled "In re: Guardianship of Patricia Powell", being Case No. 200o-CF-507 A in the files of said Court Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against iawful claims of all persons whomsoever, . "Grantor" and "Grantee" are used for singular or plural, as context requires. ' In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written, Signed, sealed and delivered in our presence: i ig}1atl(fe ,/ t. NII-l '''Wnne.s-PrlnlfP.l . ... ~~,.~ 2nd in e' V ~I" KJhJu-Pr 2nd Witness-Print Name ~t!l~tt&c1t~ McCONNELL, Guardian of the Property of Patricia Powell " " , '- FILED fOR RECORD OKEfCHOBEECOUNTY,FlA, 382611 ,92nEG'2:6Mi3:ia ,/ [Notary ~MARQ,N ROBERTSON ,/ State OfFlori~:i1 k .ct.E;R.;/{ Of CJRCU/TCOUsn County of n , 'l t ~r e) ,/ The foregoing instrument WRS ao:..lmowle-dgp,d hefoT8 me this;1;J. '1ay of Decemb:;'i<io2b;P;;i;j;;' 'p;;~it "~ by ~ Margaret McCOImell Guardian of the Property of Patricia Powell, who ~ is personally knoWn or U has produced " as identification. v ~ Qw /3(JcJ- Notary . , _ ,/ ",",""N. rtlo'f ~ i3~.,f ,/ My Commission Expires: l~ dI. ';J MARY ANNEBOGAERT \oi MYCOMMlSSIONtCC855941 . - EXPIRES: J~ 19. 2003 ---,-- lIJJ J~./ .d . l I I I I N. E. 3RD AVE CENTERLINE In /'l') In /'l') LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAIL AND TAB FOUND CP] - As per the plat of (F] - Field Measurement CD] - As per the deed Ce] - Calculation rD RBF NaS" 56' 57" \1l 60. 04' [F) RBF ~ I RBS N89" 57' 00" If 90. 09' [F} I I I I . ~ I (XI -. I C\I ~ I I CON C . I I PAD I --- ~: I 16. 95'-;, NOTES: 1. 2. 3. Bas I s bear I ng THE NORTH BDUNDARY LINE Bearings per ASSUMED Not valid without the signature and the original seal of a Florida licensed surveyor and mapper. \ \ ISCALE 1. - 30'1 '" raised ~ I ~ 2 STORY ~ t'\I r> I I.L. FRANE ~ I I- ~ ~ I c r- G: f8 <-19.81' '" ,~ ~1' 1-1 ..... CJl Io-.J AI~ ! I , - . LI.. 0 - I I c::i 3 I 0 10 II? I I I - . I I I ' LLJ LOT 4 b IL o T 31 ~ 0 I I I 0 . ~ I I I ... g I I . I I I I- 0 0 I I I t/) :z , c., r.. I lu CD - ni cYi I ~ CD m I I I I I I I I ACREAGE- .207 I I I I I I I I 1 I I I I I i RBF ~ ~ RBS 589" 49'18" E 60. 05' {F} 1 5 ' ALLEY 4. Description as per owner STREET ADDRESS: 209 NDRTH EAST 3RD A VENUE LOT 2 CERTIFIED TO: HA YNES E. AND SUSAN HILL lAMS SURVEY OF: LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, OKEECHOBEE, ACCORDiNG TO THE PLA T THEREOF RECORDED IN PLA T BOOK 5, PAGE 5, PUBLI C RECORDS OF OKEECHOBEE COUNTY. FLOR IDA. CERT I FICA TE OF SURVEY I HEREBY CERTIFY THA T THE PLA T OF SURVEY SHOWN HEREON HAS PREPARED UNDER MY DIRECTION AND SUPERYISION. /") ~U __-:__f!~_ LELAND OYALS. RLS 2084 ~_<...L SCALE: II · 30' LDCATltBL.- S IllEST i". L.-" B- U4 221'1115 - LELAND DYALS t.UAIJED IIIIIIEY RJA: IMTE: 06I221C15 sr: HAYNES JIJB lID. : 6342 R. L. s. 2084 trr' III _lID.: ~ M342 WILLIAMS IfIEEJ' 304 S. W. 3rd Ave." Okeechobee. Fla. 1 IF 1 PHONE. . . . . 7U-.fIIOII FAX. . . . . 1B3-2fSOO IIt1 REVIIII" DAlE' flY EAt. F." ~ :Cl.19lG-.u . 1375 J*on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net LaRue Planning & Management SeIVices, Inc. Staff Report Rezoning Request Owner: From: To: Haynes E. and Susan Williams Residential Single-Family, RSF-l Light Commercial, CLT 05-006-R Petition No. Staff Report Rezoning Request Applicant; Maynes and Susan Williams Petition No.: 05-006-R General Information Applicant and Owners: Haynes E. and Susan Williams Applicant Address: 206 N. Parrott Avenue Okeechobee, FL 34972-2931 Applicant Phone Number: 863-610-2390/ Fax: 863-763-4268 Existing Proposed Parcel ID Number 3 -15- 37 - 35-0010-01440-0030 Future Land Use Map Single-Family Commercial Classification Zoning District RSF -1 CLT Use of Property Office & Apartment Office & Apartment Acreage 0.20 acres Access N.E.3rd Location: Legal Description: 408 NE 3rd St. Lot 3, and the West 10 feet of Lot 2, Block 144, Okeechobee, according to the plat thereof recorded in P.B. 5, Pg 5, Public Records of Okeechobee County, FL. Request: The applicant requests that the zoning for the subject property be changed from Residential Single-Family One (RSF-I) to Light Commercial (CLT). The applicant is also requesting a Small Scale Map Amendment from Single-Family to Commercial. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single-Family Zoning District: RSF -1 Existing Land Use: Vacant East: Future Land Use Map Classification: Single-Family Zoning District: RSF-1 Existing Land Use: Single-Family residence South: Future Land Use Map Classification: Multi-Family Zoning District: RMF Existing Land Use: Vacant 1 Staff Report Rezoning Request . APPIiC.HayneS and Susan Williams Petition No.: 05-006-R West: Future Land Use Map Classification: Zoning District: Existing Land Use: Sin Ie-Family RSF-1 Single-Family residence Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CL T would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single-Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The current residential use is authorized under the current RSF -1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CL T zoning, but the residential use would not be compatible. 3. The proposed use will not have an adverse effect on the public interest. Yes, the proposed zoning to CL T could have an adverse effect on the public interest. 2 Staff Report Rezoning Request Applicant: tfaynes and Susan Williams Petition No.: 05-006-R 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. No, the use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be 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. If granted, the commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. 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 If necessary, the proposed change can be suitably buffered from the surrounding uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the use will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Yes, the proposed change could increase traffic congestion or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. 3 Staff Report Rezoning Request . APPlica.HayneS and Susan Williams Petition No.: 05-006-R Recommendation Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. Submitted by: James G. LaRue, AICP Planning Consultant July 19,2005 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 Fee Paid: Jurisdiction: Date: Petition No. 2nd He~g: Publication Dates: Notices Mailed: V Name of property owner(s): William & Catherine Fagan A Owner mailing address: 624 St. ~~c~~LSi~esent #405 p stuart p Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): Nathan Pippin, Realtor/Broker N 863-763-8617 T Contact person daytime phone(s): 863-763-3566 Fax: Uniform Land Use Application Rezone · Special Exception · Variance V Property address / directions to property: TBD NE 10th Street Indicate current use of property: Vacant/Residential . Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): None Approximate number of acres: .34 Is property in a platted subdivision? Yes Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: p No R 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: No E R Is a sale subject to this application being granted? No T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y Yes Describe adjoining land uses / improvements to the North: Residential/Multifamily/Vacant South: Commercial/lndust .East: Residentaal/Comm. West: Vacant/Mltfmly Existing zoning: RSF Future Land Use classification: Multifamily Actions Requested: ~Rezone L-> Special Exception L-> Variance Parcel Identification Number: 3-15-37-35-0010-00310-0210 v Conf'rrmation of Information Accuracy I hereby certify that the informaf in this application is correct, The information included in this application is for use essing my request. False or misleading information may be punishable by a fme of up fup to 30 days and may result in the summary denial of this application. ,., /<<!~A ca~ C76--2/-t7S Pnnted Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Jun 23 05 07:~lp PIPPIN PROPERTIES REALTY 863-763-8617 10.3 Current zoning dassificacion: Requesr:ld, zoning cl~ssificati::>r,: M 1<-. '" R E Z o N, E What is your desired permitted use under the proposed classification: The property owner's intent is to construct a multifamily structure on the subject property. If gratlted. will the new zone be contigumrs with a like zone? Yes Is n Special Exception necessary for your intc:nd-ed use? No Variance'? No - 1 Describe tbe Special Exception sought: ,...-- I, s I p I E I C I Provide specific LDR ordinance citation: I I i A L ~ j Are there other similar uses in the area? Is so, desc,ribe: E X C E' WlIY would grantir:g your request be ia the best interest of tile area ar:d residents? p T -- I I If business, briefly describe nature Including number of employees, hours, noise generation and activities 10 be 0 N conducted outside of a buiiding: J I Describe Variance sought I-- V A R Describe physical characteristic of property that makes vwiance necessary: I A N C Did you cause or contribute to the characteristk'l is so, describe: I E I What is the minimum variance necessary? ~ ~ I , i I I ! i ! =.=j Uniform Land Use Application (rev. 1103) Page 2 of '2 ... I_____~~.".. . . No One Know" The COllntry Uke We Do' June 22, 2005 Re: Rezoning Application To: City of Okeechobee From: 1. Nathan Pippin Please find attached an application to rezone property in the City of Okeechobee. Attached to this application is a check in the amount of$500.00 to cover any fees associated with the application. If you have any further questions, please feel free to contact me. Submitted, g.71JE;~ J. Nathan Pippin BrokerIRealtor United Country - Pippin Properties 210 NW Park Street, Suite 202 Okeechobee, Florida 34972 863-763-3566 Office 863-763-8617 Fax June 22, 2005 Re: Statement ofInterest To: City of Okeechobee From: William Fagan Currently, my wife and I own the property described as Lot 21 and 22, Block 31, Okeechobee. ~.,-~~-~.--.....~.,;.-~...,-~~";' ~_. ,...,...._...~_~......_........_.,.."..,,.,,...____::..,.._.~.--'-4'. ....-........_, _.._.._~.......,~,......._...........__.__ _ __-'~'__ __ ._._ ~___ ~___~.~.. .,.. . ~__'..,... ~ '.~." ,','_~."'V"'."'""_"'"''-_-'-'"''.__.__. ------ ---...-........-...."'..,.'------ .>j'.:,-..~' .. ' . 1lmllHmllll\llllllllllWIBB\I1I . TInS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Mulholland Elite Title, Inc. 1120 South Parrott Avenue FILE NUM 2005006777 OR BK 00558 PG 0937 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED O~/05/2005 11:~3:S5 AM RECORDING FEES 10.00 DEED DOC 0.70 Okeechobee, Florida 34974 RECORDED BY G Mewbourn Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0016-00310-0210 Space Above ThIs Line For Recording Data THIS WARRANTY DEED, made the lit day of April, 200:5 by Dean We1cllin., a SlnaIe MaD, and Carl WeidJinl. a SiDI1e Man, whose post office address is 1237 Second Ave, San F'randleo, CA 94122 herein called the grantors, to WlllIam Fapn and Catherine Fagan, hla wire, whose post office address is 624 St.Lucle Crescent # 405, Stuart, FL 34994, hereinafter called the Grantees: (Wherever used herein lhe lerms "gralllor" and "grantee" include alllhe parties to this flUlrument and the heirs, legal represelltallves and assfgIU of individual>. and lhe successors and assigns of corporallolU) WIT N E SSE TH: That the grantors, for and inconsideration of the sum ofTEN AND OO/IOO'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises. releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEIlEOF RECORDED IN PLAT BOOK 5, PAGK 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, PLORIDA. Snbjec:t to euemutl, ratrieUoDl and reservatioDl of record and taxes for the year 2004 IIDd thereafter. 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 grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and wi1\ 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, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: f"1"L'",\t'\. Itu'''',cLJ- Witness # I Signature ~---;11 \-'~<it.l /~r earl WeidUnl f r';[ N A f( f\ [ fIf C' E L ~~JII- Witness #2 Signature ~Kv"tL\ L (I.\oC:-<=c\i\ Witness #2 Printed Name ~~l~>Ir ~~:~::::~ <U' The foregoing instrument was acknowledged before me this are personally known to me or have produced II S f~ ~-e R-,t..- " ,J}~ .. .,... day of Ma\rch. 2005 by Carl Weidling who - -. as identification. SEAL ~::!;- '.m?r 7 u 'r-~ L. (\I\o P F Cl-+L Printed Notal)' Name My Commission Expires: 8' / do,} /0 ,\ J~ RUTH L MOFFATT i. (J)- . Comm.' 1318816 ' NOTARY PlJ8UC, CAUfOllIOA In Clt, .. Counl, 0' Sill ftutisc, - Uy Com., hpir" A.g"125, 2(105 '!' File No: 05-2314 IIIL ~IBIUIlIllllm\lll FILE NUN 2005006776 OR BK 00558 PG 0936 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOSEE COUNTY, FL RECORDED 04/05/2005 11:43:55 An RECORDING FEES 10.00 DEED DOC 252.00 Okeechobee. Florida 34974 RECORDED BY G newbourn Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00310-0210 TInS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Mulholland Elite Title, Inc. 1120 South Parrott Avenue Space Above This Line For Recording Data THIS WARRANTY DEED, made the lit day of April, 2005 by Dean Weidlin&.. SIn&le Man, and Carl WeidlIne, a Sln&le Man, whose post office address is 1137 Second Ave, San FnmclJco, CA 941n herein called the grantors, to William Falan and CatherlJle lI'apn, hfI wile, whose post office address is 624 St.Luc1e Creleent #I 405, Stuart, FL 34994, hereinafter called the Grantees: (WherOWlr used herein the terms *grantor" and "grantee" Include all the parties to thJ.r Instrument and the heirs. legal representatives and assigns of individual., and the successor. and as.lgns of ccrporaJlO1I8) WIT N E SSE T H: That the grantors, for and in consideration of the sum ofTEN AND 0011 OD'S (Slo.oO) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, Slate of Florida, yjz,: LOTS 21 AND 22, BLOCK 31, OKEECBOBEE, ACCORDJNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK S, PAGE 5, PUBUC RECORDS OF OKEECBOBEE COUNTY, FLORIDA. Subject to easements, I'IlIItrlctlou and raervatloDl of record and ts:les for the year 2004 and thereafter. 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 grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby WlllTllllt 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 encwnbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. 12~1J!U1'l t=~ '$/9- /f'o ell{ I cfc:t ~ ~ Witness #1 Printed Name :~~A-d - itness #2 Signature I~S Lr.-l{.A-v:V /.J'twtt.OX.-b Witness #2 Printed Name STATE OF 'fA 0 rid I-- COUNTY OF 't ~~-DA- bG :3 ','I The foregoing instrument was acknowledged before me this I day of Maqrch, 2005 by Dean Weidling who are personally known to me or have produced f)~~~ as identification. I . , SEAL ~"1--J4 0rhv LindA 0, 13o,//<.r~ Printed Notary Name My Commission Expires: 0), ~O~~712 ExD\rU MarCh 14, 2008 ........,.._.. ~ I File No: 05-%314 . . ncUnitell l:Jl OUDtry. Pippin Properties N"One Knows 17.. Country /.ike We Do' June 22, 2005 Re: Multi Family Zoninl Request Fagan! TBD NE 10 Street To: City of Okeechobee From: J. Nathan Pippin Please let this letter serve as a request for rezoning to Multi Family. The property in question is described as Lot 21 and 22, Block 31, Okeechobee and is located on NE 10th Street just east of Highway 441 (Parrott A venue). It is the intent of the property owner, William Fagan, to construct a multifamily structure on the subject site. The size of the building will be directly related to the maximum density allowed by the City of Okeechobee and any related agencies. According to the Okeechobee Utility Authority, there is a waterline approximately 200' feet to the west of the property and a sewer line approximately 200' to the east of the property. If you have any further questions, please feel free to contact me. Submitted, g- 71;ttS~ J. Nathan Pippin Broker/Realtor United Country - Pippin Properties 210 NW Park Street, Suite 202 Okeechobee, Florida 34972 863-763-3566 Office 863-763-8617 Fax - Front (Facing Northwest) . . . '9.'-.' _// I, /J' .-11 -r-u. "'" ----=--~ t\ I~I"-' III~ 1..0 f .. ~ -(J ~ ~ {\ \t\ t-'T' ~ v ::I ~ \j <;) ~' ~ , , W .J ~ .q \.i\ ..J IJ , ~ \.l\ flOOD ZONE: '''X'' UNMAPPED SURVEYOR'S CERTIFICATE ~'f~'? V~~ I z;;o, t:J ' (f"~r-1) ~--z, 'f;Loc--K ? I VA~ ~I ~~~K~I $~c..- \~O, 0' (-r'""\.l"') ~w (!)?t-" I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNo~LEDGE AND BELIEF AS SURVEYED IN THE FIELD.. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES ~ITH THE MINIMUM TECHNICAL DS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLoR 'AR LAND SURVEYORS PURSUANT TO SECTION 472. LOR TATUTES, AND THAT THERE ARE NO ABOVE GROUN RO NTS OTHER THAN SHO~N. / BY' _ DATE. t / lid --; / I PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED ~. REPASS P.S.M. . . -e- ~ ~ II FFE PSM R/~ PC /l L X .0.00 \J ~ i' -.-J .. ~ \J \J , t.) ~ $ , ~ , r;~,.-C7 '--- - :r ~/'" - ~ ~ ,. ~4 ? G'O^ (;:I' .".. L,' ,,""'" r~t~~~"^~~ LEGEND. -FOUND CONCRETE MONUMENT -FOUND 5/8. DIA. IRON ROD -EXISTING ~IRE FENCE -EXISTING CHAINLINK FENCE -EXISTING 'JooD FENCE -CENTER LINE -FINISH FLOOR ELEV A nON -PROFESSIONAL SURVEYOR AND MAPPER -RIGHT -OF - 'J A Y -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYpICAL ELEV A nON FIELD 'JORK COMPLETEDI 06/07/05 MciNTOSH AND ASSOCIATES SURVEYING & MAPPING 325 S~ SOUTH QUICK CIRCLE PORT ST. LUCIE. FLORIDA 34953 (772)878-7568 (oFfice & fo.x) CERTIF. OF AUTHORIZATION NO. LB7332 ---..,....,..-........--.----..-..-....-...,, .~ i~! - z ~'~_,,~__ ___~~_, St '" I ~- - -- '-'"1' -0-;1) I I -, \ J ,I N~ 13 Tn S\ Nj.-..!..31h-:, ~__!"er13th~. c-:: I I' ~! i ]1 St~~~NW 12th ti~, ~e 12th ~j I \ 11 Th bit ~ tlJe 11lb ~\\~ ~: ~ ~ l I i~ w9th Ne 9tJ St -, .~ b;er Quarters..: ~ ,%,I I 1 J...I'51 1 1 I' I I~~ Z ~ ! -h.,,81.1I1 -. '-If\) --~~,Q) itJ.I ....,' LEGAL DESCRIPTION: LOT 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA " . ADDRESS: XXX NE10TH STREET OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED \.lITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHO\.lN HEREON ~ERE NOT ABSTRACTED FOR RIGHTS-OF-\.IAY, EASEMENTS, OR OVNERSHIP, 3. LAND DESCRIPTION HEREON '-'AS PROVIDED BY THE CLIENT. 4. BEARINGS SHO~N HEREON ARE BASED ON THE CENTERLINE, 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES ~ITHOUT REVERIFICA nON OF PROPERTY CORNERS. 6. ELEVATIONS SHO'-'N HEREON ARE BASED UPON N.G.V.D. 1929, 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY REPARED ON THE ORDER OF, WIl"LfAM FAGAN SCALE. DRA~N BY' FILE NO.. 05-041-05 1.=20' TM\J .01 ,c,_ LaRue Planning & Management Services, Inc. . 1375 Ja~on Street, Suite 206 Fort M. Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningcmatt.net " Staff Report Rezoning Request Applicant/Owner: From: To: Petition No. William and Catherine Fagan CHV RMF 05-007-R Staff Report Rezoning Request Applicant: vllilliam and Catherine Fagan Petition No. 05-007-R General Information Applicant: William and Catherine Fagan Applicant Address: 624 St. Lucie Cresent #405 Stuart, FL 34994 Applicant Phone Number: 863-763-3566 Existing, llroposed Future Land Use Map Multi-Family Same Classification Zoning District CHV RMF Use of Property Vacant MF Dwelling Acreage .344 --- Density N/A 10 dulac Location: NE 10th Lots 21 and 22, Block 31, Okeechobee, according to the Plat thereof, as recorded in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. Legal Description: Request: The applicants request that the Zoning be changed from Heavy Commercial (CHV) to Residential Multi-Family (RMF). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single-Family Zoning District: RMF Existing Land Use: Vacant East: Future Land Use Map Classification: Single-Family Zoning District: CHV Existing Land Use: Vacant South: Future Land Use Map Classification: Single-Family Zoning District: IND Existing Land Use: Commercial West: Future Land Use Map Classification: Multi-Family Zoning District: CHV Existing Land Use: Vacant/Multi-Family 1 " Staff Report Rezoning Request . APPlica&iIIiam and Catherine Fagan Petition No. 05-007-R Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Yes, residential multi-family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi- Family for this property. 2. The proposed use being appliedfor 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. No, multi-family dwellings will not adversely affect 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. Yes, 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 adjacent property. No, the proposed use and zoning will not be a deterrent to the development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 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. Currently the OUA has a 12-inch sewer force-main along NE 3rd Avenue and along NE 11 th Street from NE 3rd Avenue to HWY 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OVA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley-way of Block 31. Any 2 Staff Report Rezoning Request Applicant~ .",iIIiam and Catherine Fagan Petition No. 05-007-R extensions to the east must be large enough to provide fire protection through a fire hydrant. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Construction standards should solve any potential flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Summary and Conclusions Prior to Certification Depending on water and sewer availability, the proposed multi-family development appears to be compatible. Landscape Regulations The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 - 543. Recommendation Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi-family units. Submitted by: James G. LaRue, AICP Planning Consultant July 18,2005 3 .. ....--~.