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2005-08-23 LPA ~ . . I. II. III. CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING AUGUST 23, 2005 OFFICIAL AGENDA PAGE 1 OF2 CALL TO ORDER: Land Planning Agency, August 23, 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 July 26, 2005 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-010-SSA. Consider a recommendation to the City Council, to change the land use designation for Lot 1, Block 3, Southwest Addition, from Single Family to Commercial. The subject property is located at 100 Southwest 11th Avenue. The property owner and applicant is Wallace Norton. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-011-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 23 through 26, Block 31, City of Okeechobee, from Single Family to Multi- Family. The subject property is located at the Northwest comer of Northeast 10th Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. III. New Business. . . A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 010-SSA. Consider a recommendation to the City Council, to change the land use designation for Lot 1, Block 3, Southwest Addition, from Single Family to Commercial. The subject property is located at 100 Southwest 11 th Avenue. The property owner and applicant is Wallace Norton. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicant is proposing to amend the Future Land Use Map to allow commercial on the property. The site is within the CHV Zoning District and this request would provide consistency between the Future Land Use Category and the existing zoning. The location on Park makes a commercial future land use appropriate and the existing commercial/residential use can be continued in a conforming manner. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) ofthe Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. (B) Concurrency of Adequate Public Facilities. Public facilities are already being provided to the site. (C) Compatibility with Adjacent and Nearby Land Uses. The use compatible with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan would allow for an amendment to the Future Land Use Map to Commercial. The proposal would be consistent with uses allowed within the Commercial Land Use Category. Planning Staff Report Analysis and Conclusion: This application has been duly noticed for the public in accordance with Chapter 163, F.S. Based on the application being consistent with the Comprehensive Plan, staff recommends approval to amend the Future Land Use Category from Single Family to Commercial. There were no public comments, nor any discussion from the Agency. Agency Member Hoover motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-01O-SSA, to change the land use designation from Single Family to Commercial; seconded by Agency Member McCoy. . III. New Business. . A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- 01 O-S SA, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- o 11-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 23 through 26, Block 31, City of Okeechobee, from Single Family to Multi-Family. The subject property is located at the Northwest comer of Northeast 10th Street and Northeast 3rd A venue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCoy - YEA WHIDDEN - YEA MOTION CARRIED. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The subject property is currently classified as Single-Family on the FLUM. The Single-Family category only allows one Single-Family dwelling on each lot. The applicant is requesting Multi-Family which will allow apartments, duplexes, and Single-Family homes on the property. The applicant is proposing to construct a Multi-Family development on the site. 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. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek. Policy 7.2 of the Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. (B) Concurrency of Adequate Public Facilities. The ~UA has determined that sewer and water can be made available to this property. (C) Compatibility with Adjacent and Nearby Land Uses. The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. (D) Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi-Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. . . dULQ III. New Business. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- There were no public comments, nor any discussion from the Agency. o Il-SSA, continued. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 05-011-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. V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:22 p.m. 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 th17 sole purpo. . se of backup for offi.. !=i ~oLthe Did L "j epartment. l '. ~ /l / ^ ( I / , ) ,/" J . /. '-.. ,I' /L.-"-~ ~.- '";~---' William Ledferd, irperson ATTEST: ~bttn(L, CDQ/l{) Katrina Cook, Secretary . . PAGE -1- CITY OF OKEECHOBEE - AUGUST 23,2005 - LAND PLANNING AGENCY - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: August 23, 2005, Land Planning Agency Regular Meeting 6:45 p.m. I" I.~ II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Pres t Absent Board Member Kenneth Keller Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Secretary Katrina Cook Board Member Douglas McCoy Alternate Terry Burroughs ~~~~~ Alternate John Whidden /~~ Attorney John R. Cook III. MINUTES - Secretary. 014- Agency Member _ed to dispense with the reading and approve the Summary ofAg~~cy _Action for the July 26, 2005 Regular Meeting; seconded by Agency Member ~VV A. 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. 05-010-SSA. Consider a recommendation to the City Council, to change the land use designation for Lot 1, Block 3, Southwest Addition, from Single Family to Commercial. The subject property is located at 100 Southwest 11th Avenue. The property owner and applicant is Wallace Norton. J\ m \)DJZU-Q (LrOV~ ' DY\ e. -f \ L\ OlvJc. y L, p,t d uta fl-t2 b\-I (Y'()iton -+0 rQLo\Y)('(UxIO Dc?pro\Q.&./ pm ~ ~Con~ . . PAGE -3- B. Comprehensive Plan, Future Land Use Map Amendment Application No. OS-Oll-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 23 through 26, Block31, City ofOkeechobee, from Single Family to Multi-Family. The subject property is located at the Northwest corner of Northeast 10th Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. Dmt Dt-\ J\nt lLlRu bru+l L\ C5-\-Q~+ RL~ov~ ryutJon -to ~LonOL cUCL~d (Qc()mmuie! approval j . e PAGE -4- V. ADJOURNMENT - Chairperson Ledferd at 'I: ~ ~ p.m. f CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING AUGUST 23, 2005 OFFICIAL AGENDA PAGE 1 oF2 I. CALL TO ORDER: Land Planning Agency, August 23, 2005, 6:45 p.m. - Chairperson. II. . III. . 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 July 26, 2005 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-01 O-SSA. Consider a recommendation to the City Council, to change the land use designation for Lot 1, Block 3, Southwest Addition, from Single Family to Commercial. The subject property is located at 100 Southwest 11th Avenue. The property owner and applicant is Wallace Norton. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-011-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 23 through 26, Block 31, City of Okeechobee, from Single Family to Multi- Family. The subject property is located at the Northwest comer of Northeast 10th Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. - - BE ADVISED th" ;r '"y pe""o d"'h", to "''''"'' '"y doci,ioo m'de by the t,"d P',""io. As"oy with """''' to '"Y m,,,,, OO",ide"d " thi, ed P""'o will oeed '''oonl of the pm_iog" ,"d foe '"'h pomo" m,y need to e",o" , voebalim """nI of the pmo""dio., i, m"'e, whieh 'OConi i",'Od" evId"", opoo whioh the 'PP,,' i., to be b""d. T",,, '" fonhe '"', P"'po" ofb"kop foe offid'" ""onl, of the DeP"'me" ofG"'m' S,,,,;,,,, AUGVST23'200~ r~ ~ . .. -- - AUGUST 23, 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 official records ofthe Department of General Services. . . ~7 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: 1st Hearing: 2nd Hearing: Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: JL Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) tI' Name of property owner(s): Owner mailing address: {J c:t \(!..o Name of applicant( s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): SG....n"vL 76'3 - O;J..Of Fax: \'I\.L . Property address / directions to property: 10C) ,S. u.....? , Parcel Identification Number: - ;J, \- 3 '7 - ;3 S- .... 0' F~e+ _ OOl-~ Existing Use of the Property: Size of the Property (in acres): Current Zoning Designation: Current Future Land Use Designation: Ay\"~... Proposed Future Land Use Designation: Proposed Use of the Property: P'crle ~<L- se.l\ ~ AVli-,' DescriR,.tion of Surrounding Proper!ies: N - l.zCX\d COhstrUC"hOh . E - ~Qn\OY u..-t-l zen Fac.,-\ dv lAC ~ -t" Ce LLec..:-l-~ b i e...s- s- w- (\.Q ';) \ cU.n 1\CL \ RQV)-h~t - ~\cUnt'u:v\ Legal Description of the Property (Lengthy Description May be Attached): [)..; s: '--I(. ,,. ~ 03 t" <-e-*- I) IC IIHk... '3 J .:r~ ",,6i--. we,,-f- O<..tel / 1-,' ~_V1 & 0 0 Jc """ fx, {r~ F L 4- r- .fi..e.k.e.. 6.t-} tZ... c.'" '" d cod ~- "l ;d fdt.. (- J$~ ;l. J I' .....,,0::- '1-) t2 ~ c <7fl,..L ff CJlce e che bee- ~ <<-...... .hl I ;2/ d7C..i-d a...... J 0\. <kHI d,'n '1 f.],,,,, 1"'~ Uniform Land Use Application (rev. 12/03) Page I of 2 _ Survey of Property (11" x 14", 20" Scale) _ Letter Outlining Request ~otarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map II' 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 (rs and may result in ~s~ary denial of this application. MdPu ~~)- 0alltJ..~c IVtYlttor, Si ature ~ Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 . . 6-30-05 CITY OF OKEECHOBEE OKEECHOBEE FLORIDA TO WHOM IT MAY CONCERN: I WALLACE NORTON REQUEST THAT MY PROPERTY ON 100 SW 11TH AVE. REMAIN CERTIFIED AS IT IS COMMERCIAL. ALSO WITH THE USE OF THE APARTMENT THAT I USE PERSONAL Y NOW AND THEN AS I HAVE IN THE PAST FEW YEARS. - D SearchResults Page 1 of2 Okeechobee County Property Appraiser Last Updated: 7/25/2005 2005 Proposed Values I Parcel ID: 3-21-37-35-0170-00030-0010 -.. Owner &. Property Info Search Result: 1 of 1 Owner's Name NORTON WALLACE W Site Address 100 SW 11TH AVE, Okeechobee Mailing 100 SW 11TH AVE Address OKEECHOBEE, FL349744038 Brief Legal SOUTHWEST ADDITION LOT 1 BLOCK 3 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518652.00 Tax District 50 UD Codes Market Area 70 'i:~'t:atf.t2a'tid";.. ,<.' .;1" .... ;. ;-"'-~ ..; Area ';c:' / << Prev Next> > Property&. Assessment Values Just Value $78,017.00 Class Value $0.00 Assessed Value $78,017.00 Exempt Value $0.00 Total Taxable Value $78,017.00 Mid Land Value cnt: (1) $17,500.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $57,378.00 XFOB Value cnt: (6) $3,139.00 Total Appraised $78,017.00 Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 10/1/1987 290/889 QC I U 03 $100.00 11/1/1980 0/0 WD I Q $35,000.00 7/1/1980 236/591 WD I Q $33,500.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 SINGLE FAM (000100) 1957 1716 2307 $57,378.00 Extra Features &. Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) CONC I BUMPERS 2000 $15.00 3.000 OxOxO PD (40.00) FENC P 6'1/2"PINE 1990 $203.00 57.000 OxOxO PD (90.00) ASPH 1 < 5000 SF 1988 $1,915.00 4670.000 OxOxO PD (50.00) FENC 1 4'C/UNK 1990 $226.00 90.000 OxOxO PD (65.00) OAA OPN ASP AL 1998 $686.00 240.000 20 x 12 x 0 PD (80.00) Land Breakdown Lnd Code Desc Units Adjustments Eft Rate Lnd Value 000100 SFR (MKT) 50.000 FF - (.162AC) 1.00/1.00/1.00/1.00 $350.00 $17,500.00 http://www.okeechobeepa.com/GIS/D _ SearchResults.asp 7/26/2005 SOUTH PARK STREET CENTERl. 'HE I~ RADIUS-412.21' r- ~O.lor- - ~ ARC-50. /2' '" I DEL TA-06' 04' 50' - I l!r III l ... i I i l ~~ ... s i ~j I ~ I a~ ~ ~ ~~ '< ~ ~ ~ ... 1 ~ ~ i> ... :,. 1 I ~'i ... ~E ; ~ &1il I: ~I Iv co I ~ J -If-->>--1f-- 35' 'LELAND R. L. S. 304 S. Ii. 3rd Ave. . -..... m-4IIIIf RBF 589' 36' ~,~ ~. 09' I FI RBF 16' ALLEY AREA OF LOT t .. 7236 SQ. FEIiT DYALS 2084 Okeechobee. Fla. FAX..,..m-_ IlO. /fEr",,,. LEGEND RBF - Rebar Found RBS - Rebar HICap Set IPF - Iron Pipe Found CHF - Concrete Honu.ent Found PRH - Per.anent Reference Honu.ent (PJ - As per the plat of (FJ - Field Heasure.ent (DJ - As per the deed eCJ - Calculation NOTES: Basis bearing Bear I ngs t. 2. 3. Not valId without the signature and the original raised seal of a FlorIda licensed surveyor and .apper. DescrIption as per owner 4. STREET ADDRESS: toO SH 11TH A VENUE CERTIFIED TO: IIALLACE NORTON CITY OF OKEECHOBEE SURYEY OF: LOT I, BLOCK 3. SOUTHIiEST ADDITION TO OKEECHOBEE. ACCORDING TO THE PLAT THEREOF. RECDRDED IN PLAT BOOK 2. PAGE 7 PUBLIC RECDRDS DF OKEECHOBEE COUNTY. FL DR IDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOIIN HEREON liAS PREPARED UNDER NY DIRECTION AND SUPERVISION. ~L~------- ICN.il t' . 30' LIlllAT'. LT l. IlJC t SlI AlIO. --,. Ul WALLACE ~ dl6N7 NORTON 1M7I IT EM. .& : Co. iSlE ... ~... . 1375 J.on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(Q}att.net LaRue Planning & Management Services, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: From: Petition No. The City ofOkeechobee Norton Wallace Single Family to Commercial 05-010-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Norton Wallace Petition No. 05-010-SSA General Information Owner: Norton Wallace Owner Address: 400 S. Parrott Ave. Okeechobee, FL Owner Phone Number: 763-0296 Existing Proposed Future Land Use Map Single Family Commercial Classification Zoning District Heavy Commercial CHV Same Use of Property Retail Commercial Same Acreage 0.17 0.17 Access SW 11th Ave. LOT 1, BLOCK 3, SOUTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Legal Description: Request: The matter for consideration is for a Small Scale Amendment to the Future Land Use Map from Single Family to Commercial. Based on the size of the property, this application qualifies under F.S. Chapter 163 as a Small Scale Amendment to the Comprehensive 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: Commercial CHV Public Utilities RSF - 1 Senior Citizen Facility Single Family RSF - 1 Residential Single Family & Commercial RSF-1 & CHV Residential 1 Staff Report Small-Scale Comprehensive Plan Amendment . It Applicant: Norton Wallace Petition No. 05-010-SSA ". Summary: The applicant is proposing to amend the Future Land Use Map to allow commercial on the property. The site is within the CHV Zoning District and this request would provide consistency between the Future Land Use Category and the existing zoning. The location on Park makes a commercial future land use appropriate and the existing commercial/residential use can be continued in a conforming manner. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Based on the application, the proposed use is consistent with Policy 2.1 (C) of the Future Land Use Element. Policy 2.1 (C) Commercial. Permitted uses include office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum imperious surface for development within this category shall not exceed 85% of the site. B. Concurrency of Adequate Public Facilities Public facilities are already being provided to the site. C. Compatibility with Adjacent and Nearby Land Uses The use compatible with adjacent and nearby uses. D. Compliance with Specific Standards of the Plan. The goals, objectives and policies, as they are intended within the Comprehensive Plan would allow for an amendment to the Future Land Use Map to Commercial. The proposal would be consistent with uses allowed within the Commercial Land Use Category. Analysis and Conclusions This application has been duly noticed for the public in accordance with Chapter 163, F.S. Based on the application being consistent with the Comprehensive Plan, staff recommends approval to amend the Future Land Use Category from Single Family to Commercial. Maps or Diagrams Submitted by: James G. LaRue, AICP August 16,2005 2 . . July 25, 2005 MEMORANDUM TO FILE 05-011-SSA: KMJ LAND, INC. submitted a Comprehensive Plan Future Land Use Map Amendment application 05-003-SSA which was approved April 5, 2005. Later it was discovered that while the narrative of the application submitted by the applicant included the land use change of Lots 23 to 26 of Block 31, City of Okeechobee as well as Lots 14-19 of Block 32 and Lots 7 - 19 of Block 35, all within the City of Okeechobee subdivision, the survey did not include any area of Block 31. Therefore only those lots included on the legal description contained in the survey were redesignated. This matter was discussed by Ladaysha at LaRue's office, Katrina and Lane. Mark Goodbread was contacted and he brought in a survey including the lots within Block 31. We are processing this application through the normal procedures, however, the fee will be waived since it (Block 31) should have been included in the initial FLU Map Amendment No. 05-003- SSA. Lane Gamiotea, CMC City Clerk - 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: 2nd Hearing: e-c... Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: vl'Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name ofpropertyowner(s): n Owner mailing address: ::>tr ~t Name of applicant(s) if other than owner (state relationship): N I A Applicant mailing address: N } 11 Name of contact person (state relationShip): N\.o...y \( EtooclbYe uo\ - l1qqq Fax: Property address / directions to property: N V\J CorN/\ Ot NE:' lo~ Sf + AVe.. Parcel Identification Number: '3 - \ - 31- 33 - 0 - CO 3 J 0 - CO d 3 0 Size of the Property (in acres): ! ,l.Qe} Current Zoning Designation: t-t Current Future Land Use Designation: Existing Use of the Property: Proposed Future Land Use Designation: Proposed Use of the Property: Rm t= c\V\J~\ hn9S Description of Surrounding Properties: ~ - Com nlLY tAct , Qe Gt.n -i \N - S I he} Ie Fo.m t l;y 1\1 - fY\u..l-h FQh1d Legal Descriotion ofthe Property (Lengthy Description May be Attached): Lot "?-3 - ;;).4' l €> lOek.. 31 I CATtj o-P- o We-hO P-eJt os (ecordid Ln Pla. + &Jo~ 5 I Page 5 Ld'J\ \ e 'R.tcords 0 OlZee chob-U. LA-h'"h..t I - lOv I del.. . Uniform Land Use Application (rev. 12/03) Page 1 of 2 Survey of Property (II" x 14",20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization 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 of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Si ature Printed Name Date This Wi II pe 5lqtlQd eLt fu (Y)Qcl-fng. Uniform Land Use Application (rev. 12/03) Page 2 of 2 .......... ~~-_...._"""~.-.,..>-.,,_.~. '"....., " .. \P ,,\'0.00 _,6- ,0' ~. . 1..11111111I11I FILE NUN 200~0211~7 OR BK 00548 PG 0339 SHARON RDBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, fL RECORDED 12/0812004 01:45:35 PM RECORDING FEES 10.00 DEED DDC 786.80 RECORDED BY n Anuez . ThIllDltnlmeat Prcpued By ADd BHam 10: TOM W. OJNELY, m OJNELY It CDNELY, P.A. l'Dot Office Dn.wer 1367 Ok=chobce, Florida 34973 Property AppraUcn Pan:d ID#: 3-15-37-3S-001ll-OO310.0010 WARRANTY DEED THIS WARRANTY DEED Made the 30th day of November, 2004, by JMK OF OKEECHOBEE, INC., a corporation existing under the laws of Florida, and having its principal place of business at 945 S.B. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantor, to K M J LAND, INC., a corporation existing under the laws of Florida, whose postoffice address is 945 S.B. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantee: (Whcn:nr used berdn the - -puIl.Df" lIUI"gJIIItec" iDdud. all the portler to this iDIIrumeaf IIUI the beil.. Iepl '"P1'1:SelIlalive& and assips of iDcivKIuaIJ, aod the _II aod UIlp of <OrpOnItIoru). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receiptwhereofis hereby acknowledged, hereby grants, bargains, seIls, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 through 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through 13, inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, according to the plat thereof recorded in Plat Book S, page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31, 2003. AND the Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of aD persons whomsoever. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by it proper officer thereunto dilly authorized the day and year first above written. Signed, sealed and delivered in our presence: ---&nmu PG<<f Witness's Signature EVA MAE CONELY ~s name ~ or printed f/L,~ ~ Wi ess's Signature KAREN S. HAYES Witness's name typed or printed ~ Joy dw President (Corporate Seal) STATE OF FLORIDA COUN'lY OF OKEECHOBEE The foregoing instrument was acknowledged before me this ~ day of November 2004, by JOY KIDWELL, as President, on behaJf of JMK OF OKEECHOBEE, INC., a Florida corporation, and. who is (01 personally known to me ( ) produced Driver's License as identification. J.lnWh-e ~1 Notaty Public EV"UAECOIlElY IIY COlAIISSION t cc 9!05O:j EXPIRES: Ilec8a1ber 12. 2004 _Thno-,_U__ July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Land Use Change for KMJ Dear Mrs. Cook, KMJ Land, Inc. is a corporation of which I am a partial owner of and I am also representing KMJ in their application to change the land use of the property to Multi-Family. This petition was originally submitted back in January; however, there was some confusion regarding the parcels that were requested to change the land use. Both the City Clerk and Planning Department used the Legal Description listed on the survey that I provided (which did not include Block 31). The Land Planning Agency and City Council did change the land use of the property with the legal description that was on the survey (Lots 14 - 19 Block 32 and Lots 7 - 19 Block 35). I also wanted to change the land use of Lots 23 - 26 of Block 31 as well. This petition is to complete the land use change on the property that I thought was already being changed before. I've included a revised survey including all of the parcels. Please contact me should you need any additional information. Thank you for your consideration. Respectfully Submitted, Mark E. Goodbread Lic. Real Estate Associate 1h1.s Will b~ 81qNd CLf +ht mee flfXJ . . July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Land Use Change for KMJ Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. Thank you for your consideration. Respectfully Submitted, Joy Kidwell State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this _ day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Signature of Notary Seal: This WI I { b<=- ~ lqJUO S 00 l'\..-o - BOUNDARx SURVEY PREPARED FOR BAKUL PATEL 0ESCRY11l1It: I.D1$ JD 1I#IOIJfiH.. aot:I( "'" ~ AS ~ 1HDfDJF lI/tAr MJDIC 4 PAG" 4 "'IHE I'IJ8.JC IIECDRD5 OF DIt&'CHC1IIEE ~ I'UMDL AND l.JJU. JHIltJU(;H " Nel.D1S U 7HIICVIiII '. aDCK.IIt ~ AS -- - MI'IATJIOa(" PAIlE"" OF JHC PIIBIJC ~ <F -~- AND L07$ 7 _,. aJla( "" ~ JI$ _ 1HE1IElJF MI't:AT /KXII( " PMIE" <F 1HC PIIBIJC _ <F DKEEr:HaJEC ~ _ PRO.Er:T SFCDFIC N07ES; r) -__ Mt ___l'IArpo)AND~ I,J/".l/UI. aM> ___ ","",,-IES __ lItE _aTYlMIIS. .v ."..sutIO" 1$ Nt1T A'IIMlIID 10 l/JDIICT ~ MIE'"AS OIl 07HE1l MlI!'U '" LDQtt ~ ~-Ws:m~~~..:r;~~~~ JI7HDUT _ CON5ENT OF JHC _1'A/fIY ar PAiPlI!lIt 41 "'.. <F lAST RB.I1 .lUMJO DT~, I) '/HE __ _ HBIBIN _ _IIY '/HE t:IENT ar JHC aJI!1IrS............._ " - - 1HC SWIll _....... <F _ tnH SII1EET IS TAKEN 10 _ StIUIII ~ lE5r _PAm. FIDElITY FFDERAL lNIEJl.S4L LAND 717lE I., I " I t----------r---r--~--------- ! r---I l __-'1___ I I I I I L., I 13 I 12 I : :,~' i I 3Ld~2___L ~J ": I PrlEPNIED FrJR 1HC EXaIJSIIE: use OF. I I I I 5 I .__.1 -e""-:Ll -L- ;.~~~~BLor 31 i .....""- I 24 I Z(~ I ~- I I I ( s.2?-= 11 22 20 I I I I -1 -'I - I I 21 I I _-1___ ~~,;>~:::~H~~~.;~:::.:,,::<::: I l I --------t--------- I l I - ~ _I~::..:- f~--- ~t-- ., r.:t1'.r- I -r......,..... _u....""""'- - -w-..--,- T-T '-"-j-=- I .-.:,................ -, ....---.-. """ -"""" ---.........-....~-...----..=t.:- ~~~~~.:~_=_~::.TZ- Et-=-~~~.....--~a :=.:e::-=:....-:r=-::::==~.~ .......... .....--."...~ r-4O' 1 '" 1 " u.__"'........;,"'____,_;.._.."""."~~,~.....".__,.,,._.-_ -,- I 20 I 21 I __-1___ ~~ ,---r------ I ra:= ==-inw;'SBllVlCBS,~" mc. ""'Wow___. . -... ..... ...-- ~t'4J.~rk J,..~.ar. ) "_"'11I .... ~ . 1375 Ja_n Street, Suite 206 Fort M~Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningcmatt.net LaRue Planning & Management SelVices, Inc. Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: From: Petition No. The City ofOkeechobee KMJ of Okeechobee Inc. Single-Family to Multi-Family 05-011-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: KMJ of Okeechobee Petition No. 05-011-SSA General Information Applicant: KMJ of Okeechobee Inc. Applicant Address: 945 SE 23TO Street Okeechobee, FL 34974 Applicant Phone Number: 863-634-6999 Owner: Mark Goodbread Owner Address: 104 N.W. 7th Avenue Okeechobee, FL 34972 Owner Phone Number: 863-763-4010 Existing Proposed Future Land Use Map Single-Family Multi-Family Classification Zoning District CHV RMF Use of Property Vacant Multi-family dwellings Acreage 0.69 0.69 Legal Description: Lots 23 through 26, Block 31, Okeechobee, as recorded thereof in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Request: The matter for consideration is for a Small Scale Amendment to the City of Okeechobee's FLUM from Single-Family 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 the subject property from CHV to RMF. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single-Family Zoning District: RMF East: Future Land Use Map Classification: Multi - Family Zoning District: RMF South: Future Land Use Map Classification: Single-Family Zoning District: IND West: Future Land Use Map Classification: Multi-Family Zoning District: RMF 1 -, Staff Report Small-Scale Comprehensive Plan Amendment . .Plicant: KMJ of Okeechobee Petition No. 05-011-SSA Summary: The subject property is currently classified as Single-Family on the FLUM. The Single-Family category only allows one Single-Family dwelling on each lot. The applicant is requesting Multi-Family which will allow apartments, duplexes, and Single-Family homes on the property. The applicant is proposing to construct a Multi-Family development on the site. 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. However, given its proximity to Taylor Creek, the Comprehensive Plan states that the City must protect environmentally sensitive areas from high density development such as what is being proposed by the applicant. As such, the request would be consistent with the Comprehensive Plan. Because of the applicant's proximity to Taylor Creek Policy 7.2 ofthe Comprehensive Plan should be considered during the Site Plan phase of development. Policy 7.2: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. B. Concurrency of Adequate Public Facilities The OUA has determined that sewer and water can be made available to this property. C. Compatibility with Adjacent and Nearby Land Uses The existing neighborhood seems to reflect the same level of residential intensity with vacant land to the North, South and East. The proposed development would not be out of scale with adjacent and nearby uses. D. Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi-Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. 2 - Staff Report Small-Scale Comprehensive Plan Amendment At'plicant: KMJ of Okeechobee Petition No. 05-011-SSA Analysis and Conclusions Based on the above information, staff recommends approval of the request to amend the Future Land Use Map from Single-Family to Multi-Family. This request and the accompanying zoning change was to be included with a prior application for nearby property . Maps or Diagrams Submitted by: James G. LaRue, AICP August 16, 2005 3 ,I . . I CITY OF OKEECHOBEE PLANNING BOARD AUGUST 23, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board, August 23, 2005, 7:00 p.m. Chairperson Ledferd called the August 23, 2005 Planning Board meeting to order at 7:23 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 McCoy motioned to dispense with the reading and approve the Summary of Board for the July 26, 2005 regular meeting. Action for the July 26, 2005 regular meeting; seconded by Board Member Hoover. 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. 05-008-R. Consider a recommendation to the City Council to rezone Lots 10 through 12, Block 16, City of Okeechobee from Residential Single Family - One (RSF-1) to Heavy Commercial (CHV). The subject property is located at 1120 South Parrott Avenue. The property owners and applicants are Ronnie and Ellain Lawrence. . . Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is in a transitional area with Commercial intensive use such as restaurants. The use for this property is low intensive in nature and the proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element of the Comprehensive Plan. Planning Staff Report Analysis: (A) Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. (B) Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. (C) The proposed use will not have any adverse effects on the public interest. (D) The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. (E) The proposed use and zoning will not adversely affect property values or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The CHV Zoning will not overburden public facilities. (H) The proposed office use will not create traffic congestion, flooding or drainage problems. (1) The use has not been inordinately burdened by unnecessary restrictions. (1) The proposed change will not grant special privileges to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicants request will be consistent with the City's Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF -1 to CHV permitting the applicant to construct an office building and storage buildings. Board Member McCoy questioned whether the alleyway was closed. Mr. Lawrence explained that he is currently working on the Alley Closing process. There were no pubic comments, nor any further discussion from the Board. . . . IV. NEW BUSINESS. A. Rezoning Petition No. 05-008-R, continued. Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-008- R, changing the zoning from Residential Single Family-One (RSF -1) to Heavy Commercial (CHV); seconded by Board Member Hoover. VOTE BURROUGHS - YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy - YEA WHIDDEN - YEA MOTION CARRIED. B. Rezoning Petition No. 05-009-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Council to rezone Lots 23 through 26, Block 31, City ofOkeechobee from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property Planning Staff Report Summary: The applicant has requested a Future Land Use change of is located at the Northwest comer of Northeast lOth Street and Northeast 3rd Multi-Family for this property that was recommended for approval. The applicant is proposing to A venue. The property owner is KMJ Land, Inc., the applicant is Mark construct apartments on this site. Goodbread. Planning Staff Report Analysis: (A) As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. (B) Multi-Family residential use is allowed in the requesting RMF zoning district. (C) The proposed zoning and use would not adversely effect the public interest. (D) Multi-Family use, is compatible with adjacent land uses. (E) Changes to Residential Multiple Family (RMF) zoning would not be a deterrent to the development or improvement of adjacent property. (F) Uses can be buffered from the surrounding area. (G) The use will not create a density pattern that would affect public facilities. (H) The RMF zoning would not create infrastructure impacts that are undesirable. (1) There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified Land Development Code. (J) The proposed change of zoning would not constitute a special privilege. .. . IV. NEW BUSINESS. . B. Rezoning Petition No. 05-009-R, continued. Planning Staff Report Summary and Conclusions Prior to Certification: The application is consistent with the requirements ofthe City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi-Family land use category which was approved. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi-family residential dwellings. This request and the accompanying Future Land Use re-designation was to be included with a prior land uselzoning change for nearby property. There were no public comments, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 008-R, c~anging the zoning from Heavy Commercial (CHV) to Residential Multiple Family (RMF); seconded by Board Member Whidden. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCoy - YEA WHIDDEN - YEA MOTION CARRIED. August 23, 2005 - Planning Board - Page 5 of 5 . . 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. J / II?/,' If /;;.u-t ~ . ATTEST: ~OJd\.kt1~ CooJU Katrina Cook, Secretary ~ ........ ~ ~"-, There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:30 p.m. . e PAGE -1- CITY OF OKEECHOBEE . AUGUST 23, 2005 . PLANNING BOARD. HANDWRITTEN MINUTES I. CALL TO ORDER. Chairperson: August 23,2005, Planning Board Regular Meeting 7.:.86 p.m. --". ~3 II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. Prese 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 0-,) IS\ \f \ '(\0\. Alternate Terry BUrrOUgh;>",!" vu\'ra;", \1') Alternate John Whidden XV"-L Attorney John R. Cook Secretary Katrina Cook Absent III. MINUTES. Secretary. A. Board Member urn c... moved to dispense with the reading and approve the Summary of Agency Action for the July 26, 2005 Regular Meeting; seconded by Board Member ~. VOTE Hoover K. Keller T. Keller Ledferd Maxwell Mavroides McCoy YEA NA Y ABSTAIN ABSENT MOTION: CARRIED - DENIED . . PAGE -2- IV. New Business - City Planning Consultant. A. Rezoning Petition No. 05-00B-R. Consider a recommendation to the City Council to rezone Lots 10 through 12, Block 16, City of Okeechobee from Residential Single Family - One (RSF-1) to Heavy Commercial (CHV). The subject property is located at 1120 South Parrott Avenue. The property owners and applicants are Ronnie and Ellain Lawrence. J\m \.QQ\-U pYle+' \L-\ clw~o\ 6+0+'+ f<tpov+. Dmc - ~\V\JQA_~ ~t~e&? On -+hct t (\0 \rJOvlCl{\0 T6 monoo 1D ftComrnmd 10 ~) DH s(i(ond_ . . PAGE -3- B. Rezoning Petition No. 05.009.R. Consider a recommendation to the City Council to rezone Lots 23 through 26, Block 31, City of Okeechobee from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located at the Northwest corner of Northeast 10th Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. J\m lDJ2.Lu DYldl,--\ Clux'nDtcl 6tatr i<lpor-l-- O\-\- rYbhon iD Ytcommtrld ~pl1)Yal to Cc ) 0V\J ~e (On~ e . PAGE -4- V. ADJOURNMENT. Chairperson Ledferd at I: 30 p.m. CITY OF OKEECHOBEE PLANNING BOARD AUGUST 23, 2005 OFFICIAL AGENDA PAGE 1 oF2 I. CALL TO ORDER: Planning Board, August 23, 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 July 26,2005 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Rezoning Petition No. 05-008-R. Consider a recommendation to the City Council to rezone Lots 10 through 12, Block 16, City of Okeechobee from Residential Single Family - One (RSF-l) to Heavy Commercial (CHV). The subject property is located at 1120 South Parrott A venue. The property owners and applicants are Ronnie and Ellain Lawrence. B. Rezoning Petition No. 05-009-R. Consider a recommendation to the City Council to rezone Lots 23 through 26, Block 31, City of Okeechobee from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located at the Northwest comer of Northeast 10th Street and Northeast 3rd Avenue. The property owner is KMJ Land, Inc., the applicant is Mark Goodbread. AUGUST 23, 2005 - AGENDA -PAGE 2 OF 2 II 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 ofthe 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. . . 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: Petition No. GD - OO~ J R Jurisdiction: r f) t C. ~ 2nd He~ring: C1/ (g t q I d-.O C-c Publication Dates: Notices Mailed: V Name of property owner(s): kON/Y liE: y- L- //dl J L CJu...J.e C/V Ce LAtuec~ I.- 77lws R-cs ... lOa- ~ $/. A Owner mailing address: /~O /VlU CY(E.t:Cko8EE ,::/f ...3 c.J9' 7 v p p Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): A?oNN It: N I, 1:,38'- T Contact person daytime phone(s): f?~3 -"110 7- 0600 l/d1 - Fax: F~3 - ^Ita 'l-~ /Lfd-' Uniform Land Use Application Rezone · Special Exception · Variance V Property address / directions to property: / / J/tO s: ([t)rrol/' ApE, Indicate current use of property: r /J::./-) Air . Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): ,2 -~t .ileitis j/ /K:/)t)r Approximate number of acres: ..33 Is property in a platted subdivision? "es .50~ &<C:cCJ'/O(sE'E P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R /1/0 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: ifo E R Is a sale subject to this application being granted? ;1/0 T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y . #0- RJior /1); tV C; &:YrJm~';.L Describe adjoining land uses / improvements to the North: C/JPT7);4J ;j)ce:S ~/t!(}m/1L .. South: '/:Io~ / C - d / East: .I l' ~I /cO/JI v- RSF West: d '9r'AK:.rnJ~ Existing zoning: RO'/= Future Land Use classification: eo /J1 /J1 /::;?!! C/,;{7 ~ Actions Requested: ( Y). Rezone L-J Special Exception L-J Variance Parcel Identification Number: ,,:; -c5l1 . 1-37' -,gS - 00'10 - nr./G> 0 - 0/00 - - vi Confirmation ofIuformation 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 ~500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. l~ ~ av.n--a7 t.A""-4 f.-'-f 7 -7.S-~or Signa~ Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 . I . . Items 2, 10, and 11. To: City of Okeechobee Re: Rezoning request of Lots 10, 11, 12, Block 16 South Okeechobee, from residential to commercial Interest in Property Owners: Ronnie and Ellain Lawrence Trustees, Lawrence Living Trust Purpose of Zoning request: To build an office complex consistant with the style of the current structure on the front three commercial lots. This request will also bring the property in compliance with the current land use of the city comprehensive plan. D SearchResults . . Page 1 of2 Okeechobee County Property Appraiser Last Updated: 6/8/2005 Parcel ID: 3-21-37-35-0040-00160-0100 w ~, 2005 Proposed Values' [> pr9P~r!y.g?~9J Lql~M?B I [P~j;i-] Owner II. Property Info << Prey Search Result: 36 of 40 Next >> Owner's Name LAWRENCE RONNIE & LAWRENCE ELL Site Address o , Okeechobee Mailing 150 NW 102NO STREET Address OKEECHOBEE, FL34972 Brief legal SOUTH OKEECHOBEE LOTS 10 11 12 BLOCK 16 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518652.00 . Tax District 50 UD Codes Market Area 70 Total land Area 0.488 ACRES Property 8t Assessment Values Mid Land Value cnt: (1) $45,675.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (2) $2,499.00 Total Appraised $48,174.00 Value Just Value '---$48,174.00 , Class Value '-- $0.00 Assessed Value $48,174.00 Exempt Value $0.00 Total Taxable Value $48,174.00 Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 6/24/1999 424/995 WO I U 02 $0.00 10/1/1985 0/0 QC I U 03 $0.00 6/1/1985 271/1112 WC I U 03 $0.00, Building Characteristics Bldg Item I Bldg Desc I Year Bit I Heated S.F. I Actual S.F. I Bldg Value NONE Extra Features&. Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) WPY W4 WO PIR SHG 1948 $1,447.00 260.000 20 x 13 x 0 PO (50.00) WOT W4 WO ORT TIN 1948 $1,052.00 532.000 28 x 19 x 0 PO (40.00) Land Breakdown Lnd Code Desc Units Adjustments Eft Rate Lnd Value 000000 VAC RES (MKT) 150.000 FF - (.488AC) 1.00/1.00/1.00/1.00 $304.50 $45,675.00 Okeechobee County Property Appraiser Last Updated: 6/8/2005 Search Result: 36 of 40 [N~~:>.>l -- http://www.okeechobeepa.com/GIS/D_SearchResults.asp 6/17/2005 5' 1 0' 0' 2,500 SQ. FT 5 ' BLDG. (50' X 50') 1 9 20 21 - -- 150' 7,500 SQ. FT BLDG. (150' X 50') 300' -------- 1112131415161718 2 ' ~ 1 2 ~ ..J <I: ~ W ~ ~ (/) ------- 4 5 6 7 8 9 10 I I TREE I \ I ',-,...- t5'-9" )-----l <F= g j_rJ L_____ ~t5'__r_1 I ~ L-l I I r-J I I I L EXISTING BLDG. --, I ' 22 TREE \ 2324 25 26 27 28 \ I - .....-...,/ - -- - -- "L---------l I I I I I I ~ \ \ I / I ( I I I I t I I -____-.J . 8'-5" 2930 - - . rt S. If. 12th STREET (40' R/W - PAVED) ~" u ..... . . .. . -. ~."'.. -. . . .. .;~l'"-"~.~"_"<~;.o_"_. . . .- .....-...,..,....", .""0". ~,,,,,~w'-'~:"";"'.~h''-''.M.''''':, ~ t'an:cI-Jg".Nu,nibcr: 3 - 21- 3 7 ~ 3 5 - 004 0 - 00160 - 0 1 00 Gnmlcc 81 .'flN: W aI'r~nty Deed This Indenture, M;,de Ihis 24tll" day of LOUIS R. DEMICCO, 0 single mOil, " JUlie .11)99 A.I>.. Bet ween "rll,e C",;'llly or 9KEEC1101JE/~ ,SIllle "r Florida , grantor, alk' RONNIE LAWRENCE WId ELLA/N LAWRENCE, Trustees o/the LAWR1:'NCEL/VING TRUST daled Jl/~Y /9, /996, whose addre.. is: 150 NW 10211d Street; OKEEC/JOBEE. f10rida 34972 orO,e CUUllly or OKEECHOBEE Slale or Florida , grantee. Witnesseth lhallhe GRANTOR. rur alld ill cemsielcr"'i,,;, ,;r Ihe SUIII or - - - ~, - - - - - - - - - - - - - -- - TEN & NO/IOD($/O.OO) - -- -- - - - - -- - - - - - - - - - Brn.I.ARS. and Olhl"r guud and valuilbJe ctlltlli:itICmtion lu dRANTOR in,hand paid by GRANTEE.' I,he rcecipl \vllcrcor is hereby acknmvlcligt't.l. Ims granted. bilrgllincd and suld luthe !mid GRANTEE and GRAN.TEE'S ~ucce~ors and ;Hisigm. fOfCver, Ihe following dcscrihctll;uuJ. silllale. Il'~lg and beil1g illlhe CUlIl1Iy ur OKEECIJOBEE Slale or Florida Iu wil: Lots 4, 5, ing to the R.ecords of 6,10, 11 and 12, Block 16, SOUTH OKEECHOBEE, plat thereof recorded in Plat Book 5, Page 7, Okeechobee COllllly, Florida. accord- Public Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. VESTING IN SAID TRUSTEE FULL POWER AND AUTHORITY TO CONVEY, SELL LEASE, ENCUMBER, MANAGE AND DISPOSE OF THE REAL PROPERTY CITED HERE,IN PURSUANT '.1.'0 TRUST AGnr,:r,:MENT DATED JUJJY 19, 1.996 whnmsoever. Ihe grnnlnr h:ls hcrt:ulllo !;cl his h.1Ilc..l and senl lhe {hlY and year first .ilbnvc wriucn. (Seal) STATE' OF Florida COUNTY OF OKEECHOBEE TIle forcgnii.lg imanlll1cnl \Vas ilcknowlcugctl hcrnrc me Ihi!\ LOUf~RJDEMICCO, 24111 day of JUlie , 19 99 hy who is I1cr~,in:lIJ}'. known (II III(,,~_ . This DUCUllll'11l' Prepared Hy: OKEECIIOIlEE ABSTRACT & Trn.E ~ INSUl{ANCE, INC. ~. Johann K J ," ~OHA NA K.= JARRc'Ll ~"';it.:~'"' a ..aIrel. 302 NW 3rclSllJ;el ,'if" :~MY COMMISSION # CC585381 EXPIRES OTARY 'unuc OKEECIIOlllm ..FI~' 'r! . DECEMBER 1, 2000 y Clll1l11lSSill1l Expires: ii:~ '.J'- BONDeOTHRUTAOYFAININSIIRANr.F "~r: - Current zoning classification: i.> f ( Requested zoning classification: c.1-I11 R E Z o N E What is your desired permitted use under the proposed classification: c::.O/hflJe.eCHM.. - CFee 6FFICf::-J) If granted, will the new zone be contiguous with a like zone? ~S Is a Special Exception necessary for your intended use? No Variance? ,.yO 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 ofthe area and residents? p T I 0 Ifbusiness, 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. 1103) Page 2 of 2 Lu"'"' ~~ <:........ LuCl: ~ I, a 1:lf'.... c C\JI .t::l ~Lu c.ril~ ~r:: I -+ FDPKNAIL CIL SH 1 sth ST 9 3 N89'36'3 IV 3 .45' (FJ RBF N89'33'31'W 142.49' (FJ N89'39'47'W 143.19' (FJ 142.5'(PJ RBF RBF 142.5' rpJ ~ I .1 :5 ~I I 10 4 l<. l<. ... ... CDNCRETE ~ ~ oj 15 ':t 2 STY :I; :I; CBS & HF 0 in BUILDING l'I) ':t ~ ?u 0 0 0 Q 0 ~ en >- , Lu Lrl-J .....-J ~ Q Q') oj ':t .... 1.1. 5 43.43' :I; ~ l = \ en COHC BTEPS 6 ... ~I 12 N89' 33' 02' IV 142. 49' (FJ RBF RBF N89'32'48'W 300.09' (FJ _~ S. W. 12th STREET [40/ R/W - PAVED] N89'35'21'W 142.58' (FJ 304 S. H. 3rd Ave,. Okeechol1ee. Fl.. -. . . . . 781-_ FAX. ... . . 781-1ISOIJ /II. -",.. 1M" IIY - .... ... ... ~ oj co ... i!: ~ r--, Lrl~",", ~"'ta Lu . en ::> ~I:::J a: al <:e I Lu a::>~ Cl:<:e........ Lu 0: 1-1- <:e\1- , 1i-~2 0:..... ~'-' Q '-' I . ~ RBF ~ l!l iii ..., a. ... Q Irl ..., l<. ... ~ RBF . UlCArlll/C lat,.. B, 8,10. U.12 Ilk 18, IlDUtlIlIkH 811M!' FIlII: LELAND oYALS R. L. S. 2084 RONNIE & ELLAlN LAWRENCE. TRUSTEES LAWRENCE LIVING TRUST ,,J ~ . . . . . . . . . 1375 J'Won Street, Suite 206 Fort~, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(2Qatt.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared for: Applicant: From: To: Petition No. City ofOkeechobee Ronnie & Ellain Lawrence RSF-l CHV 05-008-R Staff Report Rezoning Request Applicant: Lawrence. Petition No. 05-008-R General Information Applicant: Ronnie & Ellain Lawrence Applicant Address: 150 NW 102nd St. Okeechobee, FL 34972 Applicant Phone Number: 863-467-0600 Contact Person Ronnie Lawrence Existing Proposed Future Land Use Map Commercial Same Classification Zoning District RSF -1 CHV Use of Property 3 vacated structures Offices & Storage Buildings Acreage .33 .33 Access Parrot Ave. Legal Description: LOTS 10,11,12 BLOCK 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Pg 7, public records ofOkeechobee County. Request: The applicants request that the zoning for the subject property be changed from RSF- 1 to CHV. The applicants intend to develop an office building and storage buildings on the property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Restaurant East: Future Land Use Map Classification: Multi Family Zoning District: RSF -1 Existing Land Use: Commercial South: Future Land Use Map Classification: Commercial Zoning District: RSF-l & CHV Existing Land Use: Residence West: Future Land Use Map Classification: Multi Family Zoning District: RMF 1 .... Staff Report Rezoning Request . . Applicant: Lawrence. Petition No. 05-008-R I Existing Land Use: I Multi Family Summary: The subject property is in a transitional area with Commercial intensive use such as restaurants. The use for this property is low intensive in nature and the proposed CHV Zoning is consistent with the surrounding area and the Future Land Use Element of the Comprehensive Plan. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Heavy Commercial Zoning would be consistent zoning allowable under the Commercial Future Land Use Category, thus making the office and storage use consistent with the Comprehensive Plan. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Section 90-282(1) specifically allows offices as a permitted use. Section 90-283(4) allows storage as a special exception use. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed use will not have any adverse effects on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with a4jacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning and use are appropriate for this location and is compatible with the adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the proposed use and zoning will not adversely affect property values or living conditions. 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 on the neighborhood. 2 Staff Report Rezoning Request Applicant: Lawrence. Petition No. 05-008-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the CHV Zoning will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed office use will not create traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the 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. No, the proposed change will not grant special privileges to the owner. Summary and Conclusions Prior to Certification The applicants request will be consistent with the City's Comprehensive Plan. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to construct an office building and storage buildings. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 3 . . July 25, 2005 MEMORANDUM TO FILE 05-009-R: KMJ LAND, INC. submitted a Rezoning application 05-002-R which was approved April 19, 2005. Later it was discovered that while the narrative of the application submitted by the applicant included the rezoning of Lots 23 to 26 of Block 31, City of Okeechobee as well as Lots 14-19 of Block 32 and Lots 7 - 19 of Block 35, all within the City of Okeechobee subdivision, the survey did not include any area of Block 31. Therefore only those lots included on the legal description contained in the survey were rezoned. This matter was discussed by Ladaysha at LaRue's office, Katrina and Lane. Mark Goodbread was contacted and he brought in a survey including the lots within Block 31. We are processing this application through the normal procedures, however, the fee will be waived since it (Block 31) should have been included in the initial Rezoning No. 05- 002-R. Lane Gamiotea, CMC City Clerk 1 st Hearing: Petition No. 0'5 - OOq - R Jurisdiction; P RJ +- C C, 2nd Hearing: q I i/;'1 -f q d. 0 City of Okeechobee General Services Department SS S.E. 3rd Avenue; Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: I Fee Paid; Publication Dates: t/ Name of property owner(s): Owner mailing address: q 4-5 Name of applicant(s) if other than owner (state relationship): Notices Mailed; Nlf\ Applicant mailing address: !\IIR Name of contact person (state relationship): Mar 1< 600d bread to 34- - ltt q C) q Fax: " - 13/ to Property address/directions to property: NW (orner NE. /othS+ and NE 3vd Ave. Indicate current use of property: V Q ((1 t- Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): roved Approximate number of acres: 1-. LP q Is property in a platted subdivision? no Is thete a current or recent use of the property that is/was a violation of county ordinance? If so, describe: no Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: no Is a sale subject to this application being granted? no Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: e.5 Describe adjoining land uses / improvements to the North: R m F South: Comme rC-lQ\ East: Va (,ah t West: S\ nq Ie. FCU.'Y\"\ I vj Existing zoning: t-teav V Commer-C\ ct \ Future Land Use classification: Actions Requested: ( V) Rezone L-J Special Exception L-J Variance Parcel Identification Number: 3- \5- 31- 35 - oa\O - 00310 - Od-30 t/ correct. The information included in this application is for use by or misleading information may be punishable by a fine of up to It in the summary denial of this application. 6oodbreaol Name '1 I -a...5 ) 05 Date Uniform Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: c,' v_ Itequested zoning classification: R ~ What is your desired permitted use under the proposed classification: ~mF c\VVe\\\ngS If granted, will the new zone be contiguous with a like zone? \!e-s Is a Special Exception necessary for your intended use? f\0 Variance? no Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev_ 1/03) ...."'""""--~.--.,~<,. Page 2 of 2 \,0 ,,\ \/)'OfJ _.lJ- ,0' ~. - . 111.1111111111 FILE NUM 2004021147 OR BK 00548 PG 0339 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. fl RECORDED 12/08/2004 01=45=35 PM RECORDING FEES 10.00 DEED DOC 786.80 RECOROED BY M AnU& TIll. Iaoll1lmeat Prepand By AmlIIetanl to: TOM W. CONELY, m CONELY ItCONELY,P.A. Post Offlc:e Drawer 1367 Ot<:echobee, Florida 34973 Property Appraioers Pucd ID#: 3-J5.37-3S-001lJ.OO310.0010 WARRANTY DEED THIS WARRANTY DEED Made the ~ day of November, 2004, by JMK OF OKEECHOBEE, . INC" a corporation existing under the laws of Horida, and having its principal place of business at 945 S.E. 23rd Street, Okeechobee, Florida 34974, hereinafter called grantor, to K M J LAND, lNC., a corporation existing under the laws of Horida, whose postoffice address is 945 S.B. 23rd Street, Okeechobee, Horida 34974, hereinafter called grantee: ~r used hctdn the tenDa -BJllDlot" oncI"BJllDlee" iDcIudc oJIlbe penta 10 thiJ lDstrwnea1 oncIthe IIcin, JepJ rcp__ ond U!ips of lodividuab, ond the _.. ond uslpI of ",,_lions). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receiptwhereofis hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in OkeCchobee County, Florida, viz: Lot 1 and Lots 23 through 26, inclusive, of Block 31, Lots 8 through 11, inclusive, and Lots 14 through 19, inclusive, of Block 32, and Lots 7 through 13, inclusive and Lots 14 through 19, inclusive, of Block 35, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Horida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31,2003. AND the Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by it proper officer thereunto duly authorized the day and year first above written. Signed, sealed and delivered in our presence: J-O?~ POULf Witness's Signature EVA MAE CONELY !E::~ ~ or printed Wi ess's Signature ~ KAREN S. HAYES ~tness~nmneqpedorprinted ~ Joy dw President (Corporate Seal) STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this ~ day of November 2004, by JOY KIDWELL, as President. on behalf of JMK OF OKEECHOBEE, me. a Florida corporation, and who is (.( personally known to me () produced Driver's license as id~tification. J-I'Y.{Yna, ~1-- NotaIy Public EVA UAE calS.Y 1IY~ICCge0503 EXPIRES: IlealIdJer 12, 2004 _1ln-'_~ July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Land Rezoning for KMJ Dear Mrs. Cook, KMJ Land, Inc. is a corporation of which I am a partial owner of and I am also representing KMJ in their application to rezone their property to Residential Multiple Family. This petition was originally submitted back in January; however, there was some confusion regarding the parcels that were requested to be rezoned. Both the City Clerk and Planning Department used the Legal Description listed on the survey that I provided (which did not include Block 31). The Planning Board and City Council did rezone the property with the legal description that was on the survey (Lots 14 - 19 Block 32 and Lots 7 - 19 Block 35). I also wanted Lots 23 - 26 of Block 31 be rezoned as well. This petition is to complete the rezoning process on the property that I thought was being rezoned before. I've included a revised surv flii'c4tding all of the parcels. Please contact me should you need any additional information. Th you or your consideration. to;JZ1/}; Mark E. Goodbread Lic. Real Estate Associate . . . July 25,2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Statement of Special Reason and Basis for the Request Dear Mrs. Cook, The reason for the rezoning application is to change the current zoning to Residential Multiple Family, based on the current market conditions and the need for residential multiple family zoned property in Okeechobee. Please contact me should you need any Cliti al information. Thank you for your consideration. MU Mark E. Go bread Lic. Real Estate Associate July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3Td Avenue Okeechobee, FL 34974 RE: Applicants Statement of Interest in Property Dear Mrs. Cook, My interest in the property is part owne and representative. If you have any questions concerning this application, please gi e me call. Thank you for your consideration. lCfOl orte(? Mark E. Go dbread Lie. Real Es ate Associate . . . July 25, 2005 Katrina Cook City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 RE: KMJ Rezoning Dear Mrs. Cook, I, Joy Kidwell, own controlling shares in the KMJ Land Company. I am giving Mark Goodbread the authority to act as agent on my behalf. TharIk you for your consideration. Respectfully Submitted, Joy Kidwell State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this _ day of , 2005 by Joy Kidwell, who produced her drivers license as identification or is personally know to me. Signature of Notary Seal: \tJL \t ~~ CO VVL(.) \ e+co\ 'SOO V'.-' . B4NU PA1EL F1DE1JTY FEDEIW. lNlDSAL /.AND 7T7/.E I I----------r---f--~-------- - ! r--T l I I I , , I I I \" I IJ I ,. r I I ': I I 'Ld.,..;'---1 -;d' I :ti~- I -- I I I I ~#.: BOUNDARY SURVEY PR~ ~RED FOR BAKUL PATEL lJESC1PTK1N: LOrs RJ 1H1fOtJ(;H .. atJCI(..u. QaBMIiE'C AS MIXIIQED 7HEREOF #I A.Ar BOtJK 4 PAGE<< (F 1NC PI8Jt: ~ OF ~ a:um: /UJ/I6JA. AND lOTS . 'RIROl/CH It AND LD75 14 1NIftJlJI:H '. BLDCI(" ~ AS REDORIJED 'RIEIfEf1F Ii I'I.AT SD<< 4 PAlZ' 4 OF K I'WUC 1IECtIIDS OF _COUV7Y, _ AND LOTS 7 _II. .._"" __.u.- __"PlAT 1IDOK41'Mi1E4 ()F'lIEl'l/IJlJCl/EDfJRtJStIF_COUV7Y,I'lOlID4. I'RO.ECT SFa:IF/C NOTES: I) IJM.ESS _ _ ALL _NlEPlA1P')_~ ~ T.J./UI. ZtJNE: ZONE ~ IWKB. LP ""., THE ~ aTY tM'IS .v 1HI$.surtEY 1$ NOT llrEN/J& "' I1B'IOT ~ AM'AS DIf D1HEII .Ml!i4S' OF u:lIQ4L CCWCBI'tt ~Jr'..,:m~~~,:J;~~~~""':"" III/HOIIT "",11EN CI1NSDIr tIF lIE _ I'M"' ar_ 5) DAre tIF 'ASHIElD SIIIIflJ DT~ . II) lIE __ _ _ _ _liT lIE cum ar IHE CLIENTS """""""'"AllIE 7) _ _ lIE SOU1H _-<JF-"T tIF Ill: II7H S1IfECr IS '- 10 _ _ .....3D" lIES/: fflEPARED Fm THC DtausnE use OF: I I I 5 I . I --y=-:::-:I:l - -L B 22 -----r--- I I I I ---1 - ---,- - I I 21 \ I _--1___ '0 Y.:::...~f,':'~~';~:~.:..:":' , l I ---'"""---+--------- , I I 11 ~ 10 ~ ....- ~ 9 B INJCIIJIYlH ~ -~- ~:= . ~.~ I ------,----- -~ ~t- -t~.?""~ I T - T-.=:~T...--.T ItNSE 1OUN)Nn'" StIR\O' ....... _OUMY .......1D1Dl--........---..:::::t:- ;:i!:!l~~.;hT-=-~:iTZ- '='.::=;'_-=~~~...."'=..~;r.: ............. - :::r-".....II.........-..........-...... :-.m'lJ."''=--='' ........_...............,..."F..A.CIJ ,...-.. r-40' 1 , 1 18603 7 ---r-- I 20 f 21 I --~--- -..~ -0::'" --r--+------ ~:,~ smm~CIlS, INC. _.....W~ -- '" ...,. 'hi: (lea) .,..-aIT ~f~I:;.,~._~U .. I' - LaRue Planning & Management SelVices, Inc. . 1375 Ja~on Street, Suite 206 Fort M~ Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net Staff Report Rezoning Request Prepared fOr: Applicant: From: To: Petition No. The City ofOkeechobee KMl of Okeechobee Inc. CHV RMF 05-009-R Staff Report Rezoning Request AiJplicant: KMJ of Okeechobee Petition No. 05-002-R General Information Applicant: KMJ of Okeechobee Inc. Applicant Address: 945 SE 23rd Street, Okeechobee, FL 34974 Applicant Phone Number: 863-634-6999 Contact Person Mark Goodbread Owner: KMJ of Okeechobee Inc. Owner Address: 945 SE 23m Street, Okeechobee, FL 34974 Existing Pl'oposcd Future Land Use Map Single Family Multi-Family Classification Zoning District CHV RMF Use of Property Vacant Multi-Family residences Acreage 0.69 0.69 Legal Description: Lots 23-26, Block 31, City ofOkeechobee, as recorded in Plat Book 5, Page5, of the Public Records ofOkeechobee County, Florida. Request: The applicant is requesting to rezone 0.69 acres of land from the CHV zoning district to the RMF zoning district. The applicant would like to develop a multi-family community on the subject property. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single-Family Zoning District: RMF East: Future Land Use Map Classification: Multi Family Zoning District: RMF South: Future Land Use Map Classification: Single-Family Zoning District: Industrial (IND) West: Future Land Use Map Classification: Multi-Family Zoning District: RMF Staff Report Rezoning Request . .Iicant: KMJ of Okeechobee Petition No. 05-002-R Summary: The applicant has requested a Future Land Use change of Multi-Family for this property that was recommended for approval. The applicant is proposing to construct apartments on this site. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. As the property is also requesting a change to Multi Family future land use designation, a change to Multi Family zoning would not be contrary to the Comprehensive Plan. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Multi-Family residential use is allowed in the requesting RMF zoning district. 3. The proposed use will not have an adverse effict on the public interest. No, the proposed zoning and use would not adversely effect 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. Multi-Family use, is compatible with adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, changes to Residential Multiple Family (RMF) zoning would not be a deterrent the development or improvement of adjacent property.. 6. The proposed use can be suitably btiffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Yes, uses can be buffered from the surrounding area. 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 create a density pattern that would affect public facilities. 2 - Staff Report Rezoning Request Applicant: KMJ of Okeechobee Petition No. 05-002-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the RMF zoning would not create infrastructure impacts that are undesirable. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There are no unnecessary restrictions on the property other than those set forth in the Comprehensive Plan and the Unified 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. No, the proposed change of zoning would not constitute a special privilege. Summary and Conclusions Prior to Certification The application is consistent with the requirements of the City's Comprehensive Plan. The applicant simultaneously requested a Small Scale Land Use Map Amendment to allow a Multi-Family land use category which was approved. Recommendation Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi-family residential dwellings. This request and the accompanying Future Land Use re-designation was to be included with a prior land uselzoning change for nearby property. Submitted by: James G. LaRue, AICP Planning Consultant August 16, 2005 3