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2005-11-15 . . CITY OF OKEECHOBEE PLANNING BOARD NOVEMBER 15, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board, November 15, 2005,6:45 p.m. Chairperson Ledferd called the November 15,2005 Planning Board meeting to order 6:45 p,m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Cook called the roll: Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member John Whidden Alternate Member Carol Johns Alternate Member Epifanio Juarez Attorney John R. Cook Secretary Katrina Cook Present Absent - with consent Present Present Present Present Present Present - serving as a voting member Present Absent 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 October 25,2005 regular meeting. Action for the October 25,2005 regular meeting; seconded by Board Member Burroughs. VOTE BURROUGHS-YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA McCOY - YEA WHIDDEN - YEA MOTION CARRIED. November 15, 2005 - Planning Board - Page 2 of 8 IV. NEW BUSINESS. A. Rezoning Petition No, 05-012-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Council to rezone the property with the parcel identification number being 2-22- 37 - 35-0AOO-00042-0000 from Holding (H) to Residential Single Family - One Planning Staff Report Summary: The zoning request to RSF-l will accommodate the proposed (RSF-l). The subject property is located at 1109 Southeast 9th Drive, The use of single family residences on the property. As it is now, the applicants would be unable to property owners are Raul and Kathey Gamiotea, the applicant is Jamie develop the property under the Holding Zoning District, thus making this request necessary. Gamiotea. . . Planning Staff Report Analysis: (A) The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2,16). (B) Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 4 dwellings per acre even though they are only requesting 2 dwellings for the 3 acres. (C) The single family use will not adversely affect the public interest. (D) The proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. (E) The proposed use will not adversely affect property values or living conditions in the area. (F) If needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. (G) The applicants are only requesting 2 units on 3 acres, the density is well below what is allowed, Thus, the use will not overburden public facilities. (H) Traffic congestion, flooding, or drainage will not be a problem if this request is granted. (I) The only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. (J) No special privileges will be granted to the owner by allowing this request. Planning Staff Report Summary and Conclusions Prior to Certification: In closing, the applicant's request meets the criteria above and the RSF-l zoning would be compatible with the Single Family Future Land Use category. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding to RSF-l permitting the applicant to construct single family dwellings on the property. Katrina Cook, General Services Coordinator, noted for the record that Ms. Glenda Carver, surrounding property owner, was unable to attend the meeting however wanted the Board to know that she was in favor of the petition, There were no pubic comments, nor any discussion from the Board. November 15, 2005 - Planning Board - Page 3 of 8 IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-012-R, continued. . B. Rezoning Petition No. 05-013-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-21- 37-35-0AOO-00006-BOOO from Holding (H) to Residential Single Family - One (RSF-l). The subject property is located between Southwest 7th Avenue and Southwest 1 Oth Avenue and Southwest 9th Street and Southwest 15th Street. The property owner is Frank Altobello, the applicant is 15th Street Holdings, LLC. . Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 012-R, changing the zoning from Holding (H) to Residential Single Family-One (RSF-l); seconded by Board Member Whidden. VOTE BURROUGHS-YEA JOHNS-YEA 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: In the application submitted by the applicant it was stated that this area would be used for single family residences. The property is vacant and unplatted and this request could allow the applicants to develop up to 62 units on the property. The applicants also stated that the development of this property will be done in 3 phases, this rezoning request being the 1st phase. The 2nd phase would be to plat the area as a single family community. The final phase is to develop a multifamily development on the northern portion of the property. At this time, it is unclear how the third phase ties into this rezoning request, but staff is in pursuit of clarification and will keep the City abreast of the applicant's intent. The subject property is vacant and has a Future Land Use Map classification of Single Family. The request to rezone this particular area will make the zoning consistent with the Future Land Use Classification and will allow development that is compatible with neighboring properties. Planning Staff Report Analysis: (A) The Single Family Future Land Use designation allows for a maximum density of 4 dulac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF-l minimum November 15, 2005 - Planning Board - Page 4 of 8 IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. Planning Staff Report Analysis, continued: lot requirement of 10,000 square feet. (B) Single family residences is authorized under the RSF-l Zoning District. (See Section 90-102 (1).) (C) Single family uses will not adversely affect the public interest. (D) The proposed use and zoning is appropriate for this location and is not detrimental to urbanizing land use patterns. (E) The proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. (F) If necessary, site plan requirements can help to reduce any impacts on the neighborhood. (G) The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. (H) As stated earlier, development of this property could allow for up to 62 units, The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site, If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. (I) The proposed use should be able to develop within the existing code requirements. (J) The proposed RSF-l zoning change will not grant any special privileges to the owner. . Planning Staff Report Summary and Conclusions Prior to Certification: Staff recommends approval of this request contingent upon the applicant specifying the type of development that is to occur on the property and its impact on the surrounding area, . Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Holding to RSF-l permitting the applicant to construct single family home sites. Board Member Devin Maxwell abstained from Voting on this rezoning petition. His law firm is representing the applicants and he will be speaking on behalf of them regarding their request. Raia Black, surrounding property owner, expressed some concern with the petition. She explained that there have been some rumors in the neighborhood regarding a multiple family development, and she wanted to be sure that this was going to be single family and not an apartment complex. Jim LaRue, City Planning Consultant, explained that the application was to change the zoning to Residential Single Family - One (RSF-l) for the development of single family homes, Katrina Cook, General Services Coordinator, noted for the record that two letters of concern were received from Herman and Tressie Zobel and Brenda O'Conner, surrounding property owners. November 15, 2005 - Planning Board - Pa e 5 of 8 IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. In the letters it addresses concerns with drainage, wildlife, ingress/egress to the development, as well as buffering from the surrounding properties. . Devin Maxwell, representative of the applicants, briefly described the request. Mr. Maxwell explained that the applicant is proposing to purchase the property from Frank Altobello with the intent of developing it with high end single family dwellings. He stated that the homes will be developed in a Florida or Key West Style theme and will cost from the mid $ 200's to mid $ 300's (in thousands). Mr. Maxwell explained that this will be a three phase project. The first phase will be the rezoning, the second will be platting, and the third phase will be the development of the property. Mr. Maxwell stated that studies will be done regarding the wildlife that is located on the property, and the plan is to save as many oak trees as possible. He explained that it is proposed for the street through the subdivision to be a private street to allow some leeway in saving the trees. Mr. Maxwell reiterated for the record that there will not be a density change. Mr. Maxwell stated that it is the applicants intent to be part of the community and possibly make some streetscaping contributions within the surrounding area while working on the development. On another note, Mr. Maxwell explained that he is a surrounding property owner as well. He owns property that directly abuts the subject property meaning that this development will literally be in his back yard. Board Member McCoy questioned whether the proposed subdivision would be on septic tanks or sewer. . Mr. Mawell responded that the applicant would like to have sewer, and that they are currently working with the Okeechobee Utility Authority regarding capacity concerns. Carol Landrum, surrounding property owner, explained that she was concerned about drainage issues, as well as the eventual development of the property to the North, There was no further public comment, nor any further discussion from the Board, Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- o 13-R, changing the zoning from Holding (H) to Residential Single Family-One (RSF-l); seconded by Board Member Burroughs. November 15, 2005 - Plannin Board - Page 6 of 8 IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-013-R, continued. . c. Rezoning Petition 05-014-R. Consider a recommendation to the City Council to rezone Lots 10, 11, and 12, Block 40, Fist Addition to South Okeechobee from Residential Single Family - One (RSF-l) to Commercial Professional Office (CPO), The subject property is located at the Northeast corner of Southwest 2nd Avenue and Southwest 20th Street. The property owner is Gerald Lefebvre, the applicant is Phillip Berger. . VOTE BURROUGHS-YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAXWELL - ABSTAINED MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. * VOTING CONFLICT FORM ON FILE IN CITY CLERK'S OFFICE. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In October of 2005, the subject property was reviewed by the Technical Review Committee for site plan approval. The owner intends to construct a 5,400 square foot office building on the site, The RSF-l zoning on the property restricted the applicant from developing the site with a commercial use, Staff advised the applicant of the situation at which time this application was submitted to request a zoning district that would allow such uses. The surrounding existing land uses are mostly commercial. As such, the request to rezone the subject property will make the zoning consistent with the Future Land Use Classification of Commercial and will allow development that is compatible with the adjacent properties, Planning Staff Report Analysis: (A) The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category, (B) Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. (C) The proposed CPO zoning and its accompanying use will not adversely affect the public interest. (D) This use and zoning is appropriate for this location and is very compatible with the surrounding existing uses. (E) The proposed use and zoning will not adversely affect property values or living conditions in the area. The proposed use will encourage other undeveloped lots to be improved, (F) The proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. (G) The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses, (H) The proposed November 15, 2005 - Planning Board - Page 7 of 8 IV. NEW BUSINESS, CONTINUED. C. Rezoning Petition 05-014- R, continued. Planning Staff Report Analysis, continued: use will not create an inordinate amount of traffic nor will it create flooding or drainage problems. (I) The proposed use should be able to develop within Code requirements and will not be burdened by unnecessary restrictions. (1) By granting this request, the City will not be conferring any special privileges to the owner. . Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is within an area which is developed with commercial uses. The proposed zoning and the accompanying use are compatible with the surrounding uses and consistent with the Comprehensive Plan. Therefore, based on the findings of this analysis, staff recommends approval of this application. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-l to CPO permitting the applicant to construct an office building. Larry Feldman, surrounding property owner, explained that he lives directly across the street from the subject property. Mr. Feldman stated that Southwest 20th Street was not a developed street and that he was concerned with the possible impacts that may cause, Mr. Feldman explained that he was not opposed to the proposed rezoning, but that he was concerned with the possible traffic impacts that the development could have on the neighborhood. There was no further public comment, nor any Board discussion. . Board Member Burroughs motioned to recommend to City Council to approve Rezoning Petition 05-014-R, changing the zoning from Residential Single Family - One (RSF-1) to Commercial Professional Office (CPO); seconded by Board Member McCoy. 8 November 15, . IV. NEW BUSINESS, CONTINUED. c. Rezoning Petition 05-014-R, continued. v. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ""'. ATTEST: . / ~ 7 / / / '//;) -- .~. ) !.--e- /c--t::/tc.~--<.- ~ - William Ledferd,tChairperson . ff~\\ VI (l.J (' .f'f)lC ) Katrina Cook, Secretary VOTE BURROUGHS - YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAxWELL - YEA McCOY - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson 1 p.m. . . PAGE -1- CITY OF OKEECHOBEE - NOVEMBER 15, 2005 - PLANNING BOARD - HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: November 15.2005. Planning Board Regular Meeting 6:45 p.m, II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Present Absent Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Douglas McCoy Board Member John Whidden vq t\S ~L Alternate Carol Johns - S\lo-nnOl ~~ Alternate Epifanio Juarez Attorney John R, Cook Secretary Katrina Cook Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell III. MINUTES - Secretary. Board Member (A11c... moved to dispense with the reading and approve the Summary of ~bCY A,ction for the October 25, 2005 Regular Meeting; seconded by Board Member A. VOTE Burroughs Hoover Keller Ledferd Maxwell McCoy Whidden YEA NAY ABSTAIN ABSENT MOTION: CARRIED - DENIED . . PAGE -2- IV. New Business - City Planning Consultant. A. Rezoning Petition No. 05-012-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-22-37-35-0AOO- 00042-0000 from Holding (H) to Residential Single Family - One (RSF-l). The subject property is located at 1109 Southeast 9th Drive. The property owners are Raul and Kathey Gamiotea, the applicant is Jamie Gamiotea. J\m lcd<\A.Q I ~"N rlonnLJIC} CD1SUll fCUl.-+) bVlet-l,'1 OltD~\t'GbXd d-+o~f ~Oy+. YJ\ \ L ~~~ ('P 19~ ~S'5\O~ \11 6--\)V.).. ~\'UU Csf:JL I 8SC I noted 1tr thY rQcord t:hJj- YVLrs. 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Dm~ manCiL --+0 ,(([COV\A..WU-il~ CLppruLtal T6 ~e(Q(\6-.. . . PAGE -4- C. Rezoning Petition 05-014-R. Consider a recommendation to the City Council to rezone Lots 10, 11, and 12, Block 40, Fist Addition to South Okeechobee from Residential Single Family - One (RSF-l) to Commercial Professional Office (CPO). The subject property is located at the Northeast corner of Southwest 2nd Avenue and Southwest 20th Street. The property owner is Gerald Lefebvre, the applicant is Phillip Berger. J\fv'- ~~W, ~ 9\.ilnnl-nLt CDnS'v~-\a~~ \ DY\,l~~ CUJC~ol d~(l(: (<-t;por+. ~aY(y - SWfOlU,(1lN1 ~ro~ C>WIUA.- lOYlCL\.J\U)\ V\J I clLVQ\opfY\...UrJ- No Str.u_J- ~ Oh dO 4\ , \.Q- OP_QA"lLo\ -tlGPfl'~ COlA-icA 'O~ LDl\Q\{Y\m~ - no-\- o9Posed ~ r(L10YLL(\~ tov O~hQ,t DLA.A.toLU'\~ . r\ofuyt~y 9u..b\(( co~J - no txnrd dl5CUJJ/(} \6 D'1L Q f'f\ o1\6.V\- 'to \5eCOYlOl, ru orvt.rrL..eJd Cy? pro Vel! . . PAGE -5- v. ADJOURNMENT - Chairperson Ledferd at '1: '~l.J p.m. ... t(i o.a,'915'O" CITY OF OKEECHOBEE PLANNING BOARD NOVEMBER 15, 2005 OFFICIAL AGENDA PAGE 1 OF 2 . . I. II. III. IV. CALL TO ORDER: Planning Board, November 15, 2005, 6:45 p.m. - Chairperson. CHAIRPERSON, MEMBER AND ST AFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member John Whidden Alternate Carol Johns Alternate Epifanio Juarez Attorney John R. Cook Secretary Katrina Cook MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 25,2005 regular meeting. NEW BUSINESS - City Planning Consultant. A. Rezoning Petition No. 05-012-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-22-37-35-0AOO-00042-0000 from Holding (H) to Residential Single Family - One (RSF-l). The subject property is located at 1109 Southeast 9th Drive. The property owners are Raul and Kathey Gamiotea, the applicant is Jamie Gamiotea. B. Rezoning Petition No. 05-013-R. Consider a recommendation to the City Council to rezone the property with the parcel identification number being 2-21-37-35-0AOO-00006-BOOO from Holding (H) to Residential Single Family - One (RSF-l). The subject property is located between Southwest 7th A venue and Southwest 10th Avenue and Southwest 9th Street and Southwest 15th Street. The property owner is Prank Altobello, the applicant is 15th Street Holdings, LLC. . . <# IV. NEW BUSINESS, CONTINUED. V. c. Rezoning Petition 05-014-R. Consider a recommendation to the City Council to rezone Lots 10, 11, and 12, Block 40, Fist Addition to South Okeechobee from Residential Single Family - One (RSF-l) to Commercial Professional Office (CPO). The subject property is located at the Northeast comer of Southwest 2nd A venue and Southwest 20th Street. The property owner is Gerald Lefebvre, the applicant is Phillip Berger. 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. NOVEMBER 15, 2005 - AGENDA -PAGE 2 OF 2 .1 '" City of Okeechobee General Sennces Deparhnent 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863)763-1686 Date: Petition No. Fee Paid: Jurisdiction: Notices Mailed: Name of property owner(s): RAUL & KA'DIEY L. GAMIOTEA Owner mailing address: 83 wmJl'GRAM;ER Sf., ARCADIA, FL 34266 Name of applicant(s) if other than owner (state relationship): JAMIE GAMIOTEA (son) Applicant mailing address: 824 SE 10th ST., Okeechobee, FL 34974 Name of contact person (state relationship): JAMIE OR IANEGAMIOTEA (son/daughter-m-law) Fax: N/A Property address / directions to property: 1109 SE 9th DRIVE Indicate current use of property: VACANT Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): NONE Approximate number of acres:g Is property in a platted subdivision? ~ Is there a current or recent use of the property thatis/was a violation of county ordinance? If so, describe: ~ 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: ~ 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: Describe adjoining land uses / improvements to the North: SIM;LE FAMILY RESID~ (2 ac) South: VACANT/lJNPIATTED East: BLUE HERON GOLF CCXJRSE West: UNPLATTED/VACANT Future Land Use classification: SIM;LE FAMILY Existing zoning: HOLDIR; Actions Requested: ~ Rezone L-J Special Exception L-J Variance Pa~cel Identification Number: 2-22-37-35-0A00-00042-OOOO t/ 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 imPrisonm~7~ days and may result in the summary denial of this application. ~~ JAMIE GAMIOTEA /0-//- oS: ature Printed Name Date Uniform Land Use Application (rev. I/03) Page 1 of 2 - Current zoning classification: OOLDIN; Requested zoning classification: RSF-1 What is your desired permitted use under the proposed classification: finish fencing the property build barn/storage building. At a later date will be building 2 si.ggle family residEHlCeS. If granted, will the new zone be contiguous with a like zone? Yes Is a Special Exception necessary for your intended use? NO Variance? NO 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? Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: 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 Oct. 12. 2005 11: 28AM IUIII~umIlII1U11~~II~'~~I~Wjm;liIlfl2 . . FILE HUM 2004014131 OR BK 00538 PG 1784 SHARON ROBERTSOM. CLERK OF CIRCUIT cou~ DKEECH06EE COUNTY, FL RECORDED Oe/0~/2004 Q2:~2:08 PH RECOROING fEES 10.00 OEED DOC 735.00 RECORDED BY G "~wbourn TIllS INSTRUMENT PREPARED BY AND RETT.1RN TO: . ~1U'~Ir'lA l. RA,-;ON ElIte woo';' IIi.c~' ... 1120 South Parrott Avenue Okeechobee, Florida 34974 Properly Appraisers Parcelldentificatiol1 (Folio) Numbers: WZ-37-3s.0AOO-00042-0000 Spate Above This Line For Recording Data THIS WARRANTY DEED, made the 30th day of July, %004 by Michael A. Brown aud Edith L. B1'01I'1I, whose post office address is %471 NE 6tI\ Stnet, Okeeehobee, Florida 34m herem called the grantors, to lQgJ Guafotca lDld Kathey L. Gamiotea. hiB wite, whose pc>>t office address is 83 West Granger Street, Areadtll, Florida 34266, hereina1\er called the Grantees: (Wherever l4ed hu.in rII. W'1fIS "gl'tlfll(1". and HgrfJJttl!l!" mcluds all tlw parties to /his instnuneht and 1M lrBirs, legal npt"lwmtatives and anig1ts of individuals, and the l'Ur:cessors and assigns if corporatit>>l8) WIT N E SSE T H: That the grantors, for and in consideration of the sum ofTEN AND OOIIOO'S (SI0.oo) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grantS, bargains, sells, aliens, remises, releases, conveys and confums unto the grantee all that certain bl1ld situate in OKBECHOBEB County, State of Florida, viz.: ALL THE NORm 1/1 OF THE NORTHWEST 1/4 OF THE SOlJTBWEST 1/4 OF 1'UE SOU'l'lD:AST 114 OF SECTION 22, TOWNSBIP 37 SOlJTB, RANGE 35, EAST, LESS AND EXCEPT 11B NORTH 131 FEET THEBEOF. 'l'OGETHER WITH AN EASEMENT FOIt INGRESS AND EGRESS OVER TBE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY.EIGHT (138) llEET OF THE SOUTH 112 0Ii' THE SW 1/4 OF THE NW 114 OIl'TIm SE 1/4 OF SECTION n, TOWNSJIIl> 37 SOum, RANGE 35 EAST AND OVER THE WEST (30) FEET OF TBE NORTH om BUNDBED THIRTY-TWO (132) FElT OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTB:, RANGE 35 EAST. Subject to easemeots, restric:tIolllllJld I'I!8eJ'VlltiODS of reeord aad taxes for tbe year 2004 aod thor.lter. TOGETlIER. with all thE! tenements, hereditaments and appurtenances thereto belonging or in lIllywise appertaining. TO HAVE AND TO BOLD. 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 grlllltors have good right and lawful authority to seU and convey said land, and hereby warrant the title to said land and will defend the same agllinst the lawtiJl claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to Deeember 31, 2003. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year fIrSt aboy. Witness # 1 Signature PATRICIA A. RAGON -..." Prio1od N_ Q ~kQ~ witness~!MuIMflona goUtl cR. ~ Edith L, Bro1l'll Witne5$ ~2 Printed Name STATE OF FLORIDA COUNTY OF OKEECBOBEE Tbe foregoing instrument was acknowledged before me this 30th day of ~ ~QQ.4.by Michael A.lirown and Edith L. Brown wbo are personally known to me or ha"e produced lUStS. /...1c..E:&r;; as identification. .,~l~ PATRJOAA RAGOl'l ~. ,.IIYCOIIMISSIOl'l# DD03'lCt1 ""+a'~ Iix,m8S:Jvtut.19,ZOO5 l--.,..aor_ PL-,_~-.. '"" SEAL ?A'fRfCIAA. RAGON NotaI)' Name My Commission Expires: File No; 04-1731 10/09/2005 22:48 8637631h86 CITY OF OKEECHOBEE PAGE 132 City or ObKhobee ~..ni.1 Department 55 R 3rd. Av__Okeedaobee, J'L 34974 ftoae (941) '63-3373 Pa (941) '6.1-1686 LAND USE POWER OF ATTORNEY ... of C\.t'C\\o\ too... o.n~ AddreIt: ~~ W. c;-ro.N il~.\. -t\"C'C0.6\o.. ~L. ~~L.l.Dlo Work Tel : ~\.D3 .l\<\L\-~{,oo - 000 l{ ~-OOocJ UDdeni~ beins the record title owncr(a) of the real property delcribed above. do hereby unto the AppHcant Itated above the fbD Jisbt III power of attorney to make application to City ofOkeechobee to chaDge the 1aDd ~se of said property. This land U8C obanae may include . of tile property, the 8fIDlin8 of.p,a... excepCionI or variaces. IDd appeals of deciIicma fthe Pluming Department. It is undentood that CODditions, JimitatioDJ and restridiOlll may be laced upon the use or openticm oftha property. Miutatments upon application or in any t.riDg result in the termination of any special exception or variance and . proceectmg to rezone the to the original clauiftcation. This power of attorney may be termit-atecl only by a writtClft and notlrized statcmeot of such termiDltiOD c<<ccti.w upon receipt by the WlTNBSS WHHREOF THE UNDERSIGNED HAVE SET THEJk HANDS AND SBALS 13 DAY OF c:c:Jn be,. #dctO ~~ fJ,~~ WItDeu Own<< c-~.~ WItDeII mo 1be uodenipd authority per...ny appeared" CMDtI'{I) bamed abcwo wbo upon beiDa cIuIy ackDowIedpd beAn lAD tlUIt 1bey an the CJWDGI(I) at_ NIl property deIcribed above lad that ~ power olllltomGy fbr1he ~uIpOIG ItIbII thereiD. SworD ad subIcribed 1Ids , ~ day ~ cgeRi. ~.~ NaIaJy Public Cammillicn u.: l.\ \ \ q \ aoo <1 11' ~Off-) NoIaIy PubIk: Stale 01 Flori<la Tamra E Cross My COmmisSiOII 00473642 Expires 09I1912OD9 SEAL . . APPLICANTS STATEMENT OF INTEREST IN PROPERTY Raul and Kathey L. Gamiotea are the owners of the subject property. The purpose of this rezoning (to Residential Single Family-One) is to change the zoning to match the Future Land Use designation (Single Family). Currently the zoning is in Holding and to build any type of structure on the property, a rezoning must be conducted. The 3-acre parcel of unplatted land is located in the Southeast section of the City. It was the Edith Brown Homestead. A small older home was located on it. However that has been torn down. The property was overgrown with vegetation. It has now been cleared, saving as many trees as possible. We will be fencing the entire property, portions of it are already fenced and maintaining it. A small parcel of Blue Heron Golf Course is directly to the East. Applewood Estates (which is vacant) is located to the West and South. The Carver's have a 2-acre unplatted parcel to the North with one single family residence. 0 0 0 0 u 0 0 0 << ---l <") cu ..,. "" <I: 0 0 u 0 0 0 "" 0 lD "" fT) Cl 1( "" << ' , << 'q U 0 "" <I: lC1 LC1 ;:::: ;:::: "l" <") OOOOOOlOOSUCllC 0600000000,OOst lEllE C'7 CO ru cu ru ru ru cu = lOOOOOlOO~lEllE oaooaaooaai'OOSElE22E .v') c:./ r----. -D ctf .-+: 6 djj'~ .-1- /;7Y ~ '6-' ~~ 02 i u.~ ~C) g @; (j)K; ~ ~ Q) -....../ '~ · 'get' '-0.. G- '" . 'j) ct. -+- t; C ~ 8 u d <I: !i~u <I: ~cJ LO - ~ Ll.- <I: A5 d~ :i. = ~~CJ ~ ~ /1 :;t <:l ~~~ ~ ~ '" m'" 2 3r 0.:/) lil \HI b '3~ '(J 1\ \I I I 'n N lOOOOlOmiE1Eli'r )OOOOlOO~HE2lC fT) ..q- OOoaalOO~fLfl2E JOOOOlOOSfLfllE IS1 fT) >K 0 u C> C> <I: <( C> ~~ <=> "l" C> C> N '=' << 0 l.() <") ..... <") ru nJ '" Ill' lOOOOOOOlOOSE lEi'<f ocrOOOOOOO20D5f LfUE ~ .....;. ~~ N ::;K <( fT) 'Q' ...-< * ~ I or JoaaOOOOlOmiElE12f OOWOOOOOD<OOSELE12E o ::-'R i t ii1 ~ , j Ill' :1 -I' ~I <, ~I c, ,." -k--:---- ~f ~a;;_ I ~, : ~i *~i $~Iw':": ~: U_h___ ! ~~ r- -----------------------r-h------- I : " I I I rJ~ I r=-~~~E;.,~ ~ ! I m.",~~~N. I I ("'^~~~~.~/~_:.~.ar ~ ". ~~~. : --i- -1 ~ :,:/ ,~, :, \'V :/ '" '"'''' .:/ '" " -, ! -___L__~- ~~.~::~-n-~~~[;:=___n_~__ -----,-c__ +: - l ~.MiI 668.43' I 1 688-::43.-------------- u_ ~ yrar.,3frvl"WN_.... 8: : I I NOT INCLUDED 1'll\lll11."J,'I'}':'.l'f...... ~, I I ~ I~~ : '~~. I o I : g NOT PlATTED I ~ I ,. "r' : ~ I.~~ I ~~ =-~",I ,.,;,\" ~i i~ \) ".\\,,':}" ~! o Ol~ I \ ~ 0 . ~ I~ ;, \ i , 1 I i , , , , , , r - -- - - --- -- -- -~65.75~-S89:io'15"E- ----- - + - -- --- - - i33i .50'---- -------- - - - ----J I , I i i : I : I i I : ~: :j&J I .. I'" 'I"' F'I ' ',. N If/') - '"\;,, ,'.' '''' ;:-i: .v,:~ t.~~ I~ I I~;," Z <~;' I~ 0' ,.,',,"""" ,..\ I I~ ~ t..:~'. \0' 10", 6" ~ _..~ .. ~ I I.;, I:~,:-:. CD , ~ 1 , I \ . H 1/:~, HW v;" ;: 'i'! 1/;" St: :,~ ~-------~~~=~:----------- ;--- , NOT PLATTED N89"10'12"W 667.09 I I" ;,,;---II'!J!f."" ~ I iW&...... ~I ~ . ,- i~ fI'r""IIfr'fA-.rVl. NOT PLATTED , ,. " , " -', " , " -', " , .... ., ._, t,:~ \..' t..\ \,.' I:;,:~\ ,:;~:' --. -:tta -,..._~' C=''U-.. 2~23 _h____ _ 683.07' . . . ----------------------------__1____________ 883.07 --L 1326.'" : :,~ N89"10'21"W -2;;;;--------------- --- ----~- -- I 27 " 26 : SECTION 27-37-35 I /'- BellDlI1ldl.II'~Sll8l1'w.W eff 11 IPllllI'ceo of Ollll1lldl oWDII1l;l DUll $ectDell1l ~2, 1rewlI1lallllDIJ) 37 Sa, 1R1l1l1l;. 3~ ~. if'lIooaltD..... 1MI.II'DdlDall1l @k..cllllelb.. COllDlIll1tW, IFOoIrDdI. DESCRJP110N ALL ]liE NORTli 1/2 OF lliE NORTHWEST 1/4 OF lliE SOUlliWEST 1/4 OF lliE SOUTHEAST 1/4 OF SECTION 22. TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT lliE NORTli 132 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER lliE WEST llilRlY (30) FEET OF 1liE SOUlli lWO HUNDRED lliIRlY-EIGIfT (238) FEET OF ~~~3j/io~~ ~4 ~ ~D ~,~ :ir ~1~4 g;) SW~F22rHE NORTli ONE HUNDRED llilRlY-lWO (132) FEET OF 1liE ~ 1/4 OF 'THt SN 1/4 OF lliE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST. SURVEYORS N01[S Subject to easements and restrictlonlJ of record. Lands d.acr1b6d Mreon not obstact.d by this office. Under~round utiRtiel and toundotione. If aRy. ore not shown. The d..criptlon .hown hereon WCIa pr4lipared by the aurveyor and is based upon on actual 'Mild .urvey. Not valid without the lignature and the original roiled seal of 0 Rorida lic:eneed surveyor one:! mapper. The surveyor did not interview adjoining lanel owners for unrecorded deeds or eoaemenD. Elevations shown. if any. are baNd I.ij)On cuumed datum. Lands shown hereon ore located In flood Zone C. according to ARM panel no. 12D1n 02308, doted 2-4-81. SURVEYORS CERTIfICATE I hereby certify that the cttached Skfitch of survey of the hereon described property is true and correct to the but of my knowledge and . ~ 1IUrv8)*! In the f"teld .r my direct aupervilion. J8Ct the qualifications noted CEJnf1ED 10 THE ~ PARnES: =-~ t:...1HE.Y L- CWIIOTrA ~~ AND/OR ASSGNS 1lCOIt 1m.[ NSlJMNCE COYPN<< R. Almond, Professional SUMI)'Or-Mapper FIorido Registration No. LS508.1 LAST AELD SURVEY 114TE: JULY 27. 2004 of IP>IFR~' &lRlElO> fF OIRl. ~~lUJl!.. ~~\D) It{~ 'l1'IHlIEW Q~~DO'ii~& JAMES R. ALMOND, PSM ~ m.~~-t12'.~- ~ ... F'RO.ECT NlAIIIER "'old _ FU: SCALE ,. - 'OCI' CCIP'IRlClHT ZOO4 Data fie 4138.RW15 Rater to Stomet IIIe /e -- 41138 . 1375 Jac. Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared fOr: Applicant: Owner: From: To: Petition No. The City of Okeechobee Jamie Gamiotea Raul & Kathey Gamiotea Holding Residential Single Family One 05-012-R /1 Staff l3~ort Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012-R General Information Applicant: Jamie Gamiotea Applicant Address: 824 SE 10th Street Applicant Phone Number: 863-634-0198 Contact Person Jamie OR Lane Gamiotea Owner: Raul & Kathey Gamiotea Owner Address: 83 West Granger St. Arcadia, Fl34974 Existing Proposed Parcel ID 2-22-37 -3 5-0AOO-00042-0000 Future Land Use Map Single Family Same Classification Zoning District Holding Residential Single Family- 1 Use of Property Vacant 2 Single Family Homes Acreage 3 3 Access SE 9th Drive Legal Description: ALL THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 132 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY- EIGHT (238) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST. Request: The applicants are requesting a change in the zoning of the subject project from Holding to RSF -1. This would allow the applicants to construct two single family residences on the property. Adjacent Future Land Use Map Classifications and Zoning Districts: I North: I Future Land Use Map Classification: I Single Family .".--_..,-----..--""--;_._..."...-..--...-~.......","';. . . Staff Report Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012-R Zoning District: RSF-l Existing Land Use: East: Future Land Use Map Classification: Single Familv Zoning District: RSF-l Existing Land Use: Blue Heron Golf Course South: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: Vacant West: Future Land Use Map Classification: Single Familv Zoning District: RSF-l Existing Land Use: Vacant Summary: The zoning request to RSF-l will accommodate the proposed use of single family residences on the property. As it is now, the applicants would be unable to develop the property under the Holding Zoning District, thus making this request necessary. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16) 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 5 dwellings per acre even though they are only requesting 2 dwellings for the 3 acres. 2 Staff Report Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012.R 3. The proposed use will not have an adverse effect on the public interest. No, the single family use 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, the proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the proposed use will not adversely affect property values or living conditions in the area. 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 needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the applicants are only requesting 2 units on 3 acres, the density is well below what is allowed. Thus, 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. No, traffic congestion, flooding, or drainage will not be a problem if this request is granted. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 3 . . Staff Report Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012-R No special privileges will be granted to the owner by allowing this request. Summary and Conclusions Prior to Certification In closing, the applicant's request meets the criteria above and the RSF-l zoning would be compatible with the Single Family Future Land Use category. Recommendation Staff recommends approval of the request to allow rezoning from Holding to RSF-l permitting the applicant to construct single family dwellings on the property. Submitted by: James G. LaRue, AICP Planning Consultant November, 2005 4 . 1375 ,*son Street, Suite 206 Fort ~s, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: Iarue-planning~att.net LaRue Planning & ManagelTIent Services, Inc. Staff Report Rezoning Request Prepared for: Applicant: Owner: From: To: Petition No. - Rev\~ed. D\stn bu.1-( d CL-t itu. PlG\.nn \ nC} Boo..rol M..Lu:Ln'3 Kc..- The City of Okeechobee Jamie Gamiotea Raul & Kathey Gamiotea Holding Residential Single Family One 05-012-R Staff Report Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012-R General Information Applicant: Jamie Gamiotea Applicant Address: 824 SE 10th Street Applicant Phone Number: 863-634-0198 Contact Person Jamie OR Lane Gamiotea Owner: Raul & Kathey Gamiotea Owner Address: 83 West Granger St. Arcadia, Fl 34974 Existing Proposed Parcel ID 2-22- 37- 3 5-0AOO-00042-0000 Future Land Use Map Single Family Same Classification Zoning District Holding Residential Single Family- 1 Use of Property Vacant 2 Single Family Homes Acreage 3 3 Access SE 9th Drive Legal Description: ALL THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 132 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST THIRTY (30) FEET OF THE SOUTH TWO HUNDRED THIRTY- EIGHT (238) FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH, RANGE 3S EAST. Request: The applicants are requesting a change in the zoning of the subject project from Holding to RSF-l. This would allow the applicants to construct two single family residences on the property, Adjacent Future land Use Map Classifications and Zoning Districts: I North: I Future Land Use Map Classification: I Single Family . . Staff Report Rezoning Request Applicant:. Jamie Gamiotea Petition No.05-012-R Zoning District: RSF-I Existin,g Land Use: East: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: Blue Heron Golf Course South: Future Land Use Map Classification: Single Family Zoning District: RSF-I Existing Land Use: Vacant West: Future Land Use Map Classification: Single Family Zonin.g District: RSF-l Existing Land Use: Vacant Summary: The zoning request to RSF-l will accommodate the proposed use of single family residences on the property. As it is now, the applicants would be unable to develop the property under the Holding Zoning District, thus making this request necessary. Analysis 1, The proposed use is not contrary to Comprehensive Plan requirements. The Single Family Future Land Use category allows the type of (Residential) being proposed by the applicant. (Policy 2.16) 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section-90-102 (1) allows single family dwellings as a permitted use. Additionally, the Code would allow the applicant to construct up to 4 dwellings per acre even though they are only requesting 2 dwellings for the 3 acres. 2 Staff Report Rezoning Req~est Applicant:. Jamie Gamiotea Petition No.05-012-R 3. The proposed use will not have an adverse effect on the public interest. No, the single family use 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, the proposed use and zoning is appropriate with the location and would be compatible with the adjacent land use. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No, the proposed use will not adversely affect property values or living conditions in the area. 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 needed, the proposed use can be suitably buffered from surrounding city. The applicants will be fencing the perimeter of the property upon receiving approval. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the applicants are only requesting 2 units on 3 acres, the density is well below what is allowed. Thus, 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. No, traffic congestion, flooding, or drainage will not be a problem if this request is granted. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions placed on this property are those imposed by the Land Development Code and Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 3 Staff Report Rezoning Request . . Applicant:. Jamie Gamiotea Petition No.05-012-R No special privileges will be granted to the owner by allowing this request. Summary and Conclusions Prior to Certification In closing, the applicant's request meets the criteria above and the RSF-l zoning would be compatible with the Single Family Future Land Use category. Recommendation Staff recommends approval of the request to allow rezoning from Holding to RSF-l permitting the applicant to construct single family dwellings on the property. Submitted by: James G. LaRue, AICP Planning Consultant November, 2005 4 .or 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: Date: 1 st Hearing: V Name of property owner(s): Frank Al Notices Mailed: PO Box 417, Okeechobee FL 34973 Name ofapplicant(s) if other than owner (state relationship): 15 t h Street Homes LLC. Applicant mailing address: 7 0 Name of contact person (state relationship): urcha er Fax: Property address / directions to property; Indicate current use of property: vacant, un latted land Describe improvements on property, including number/type of dwellings and whether occupied (if none, so Slate): Approximate number of acres: Is property in a platted subdivision? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: Have there been any land use applications concerning all or part of this p....operty in the last year? If so, indicate date, nature and applicant's name: no Is a sale subject to this application being granted? Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: RSF East: RSF West: RSF Existing zoning: Future Land Use classification: Actions Requested: Lx) Rezone L..J Special Exception L..J Variance v Parcel Identification Number: - 0000 000 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. ~ J11r"'~ .//tJ/J ~vlk ).Ac~L/ SI ature ~ Printed Name la/li.f/o)' Date Uniform Land Use Application (rev. 1103) Page I of 2 .. Current zoning classification: Requested zoning classification : What is your desired permitted use under the proposed classification: construct single family residences If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? no Variance? 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? no Ifbusiness, briefly describe nature including mnnber of employees, hours, noise generation and activities to be conducted outside of a building: 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 . e CONSENT Re: Parcel # 2-21-37-35-0AOO-00006-BOOO I, FRANK AL TOBELLO, give my consent to 15th Street Homes, LLC, to file an application to re-zone a portion of the above-referenced property. ~~~ RANK AL TOBELLO Sworn to (or affirmed) and subscribed before me by Frank Altobello, who is personally known to me, on this /4-tMday of October, 2005. C,iM __ kk Notary Public (Seal) ~J\. .."" "JQIbc \.j .....~D01-. ...'" ~F~12.2007 10/14/2005 15:13 FAX 8637631179 MAXWELL & MAXWELL 141 002/002 15th Street Homes, LLC Petition No: INTENDED USE. NATURE OF ACTIVITIES AND DEVELOPMENT OF THE PROPERTY The property is intended to be developed as a single family residential community_ The applicant owns a total of 48 acres at this location and intends to plat the subdivision in three phases, with this portion being the first phase. The applicant intends to submit the property to a homeowners association, which will include common areas. The applicant intends to plat the second phase as a contiguous single family community and the third and northernmost phase as an upscale multifamily development that is separate but consistent in style with the first two phases. 15lh STREET HOMES LLC By; Its: " 10/14/2005 14:42 FAX 8837831178 MAXWELL & MAXWELL ~ 004/004 . e lSLh Street Homes, LLC Petition No.: APPLICANT'S STATEMENT OF INTEREsT Applicant has the subject property under contract and intends to plat and develop the property into a single family residential subdivision, 15th STREET HOMES LLC fJ#4~ m~ag; By: Its: mn^wtLL & MAXWELL 141 002/001 15th Street Homes, LLC Petition No: STATEMENT OF SPECIAL REASONS AND BASIS FOR REOUEST The future land use map provides that the subject property should be zoned residential single family- The basis for the request is to make the zoning consistent with the future land use map. 15th STREET HOMES LLC ~< By: Its: -^ -,~~=--_......""'^~._-~....~ r ! THIS IS NOT A SURVEY EXHIBIT "A" S.W. 9th STREET N 89'48 08 E 1061.09' (M) , z 8 d ~ '" q LO W (.!) <( a.. _LO C'\I . oal C'\I~ ~= t)W OW -.Jal alO I t) W W ~ 9 :IE en .... to ;.., q ~ z :: !l ~~ 'E~ ~.. PARENT TRACT TAX ID# 2-21-37-35-0AOO-00006-BOOO CONTAINING 33.60 ACRES, MORE OR LESS z n .,. 'E"I ~1Ii S 1IlI'll3'1ll" W 28.82' (II) z o o tJ U!, .j>. . :'IE VI to !'J - U!, ,...... ;:::: 'o,J N 89'34'16" E 1028.18' (M) LEGEND i O.R. OFFICIAL RECORDS ID IDENTIFICATION < -= z DIA. DIAMETER 0 0 0 FP&L FLORIDA POWER & LIGHT ...... tJ ~ ~ P.L.S. PROFESSIONAL LAND SURVEYOR .j>. . tZl :'IE POB POINT OF BEGINNING POC POINT OF COMMENCEMENT LB LICENSED BUSINESS Ol C.M. CONCRETE MONUMENT to (]l m R RIGHT OF WAY ~ ,...... ~ CENTERLINE ;:::: 'o,J (P) PLAT (D) DEED (M) MEASURED (C) CALCULATED LEGAL DESCRIPTlON 18J.4 SUBJECT PARCEL CONTAINING 15.44 ACRES, MORE OR LESS 5 IIlI':l7'J" W 2Ji. '(II) ~(('" ~ ~i-C; ! \.,~ss a. "0 S 89'34'16" W 785.88' M S,W. 15th STREET ALL OF THAT PORTION OF THE LANDS DESCRIBED BELOW LYING SOUTH OF A LINE BEING PARALLEL TO AND 695.62 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH RIGHT OF WAY LINE OF SW 15th STREET. ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY. FLORIDA, LYING WEST OF BLOCKS 248 AND 249, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE; SOUTH OF SW 9TH STREET; NORTH OF SW 15TH STREET; AND EAST OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE, AND EAST OF SW 10TH AVENUE, WITHIN THE CITY L1~"TS OF OKEECHOBEE, FLORIDA. CERTlRCA 110N Lt.._-, AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THE FOLLOWING: UJ UJ 10 o :I: U UJ o)~ co '<to' UJ C\lO"Cl :'::f--~~ gts!3.n ...Jt=u.m CD Ci a: o " f-- CIl a: ~ S.W. 10th STREET Ul o o ..l o ui .j>. . fTI VI CD !O o Vo!. CD W (.!) <( a.. LO al a.. 4: o 0::: o -.J LL. cOw ~w C'\Ial ~O t)I Ot) -.JW COw ~ o o I- Z o I- o o <( t- en 0:: LL. BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21, AFORESAID 56.6 FEET; THEN NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING A PART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION MEETS MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO HAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. Q Gregory S. Fleming, Professional Surveyor & Florida Registration No. NOTES 1. THIS SKETCH AND LEGAL DESCRIPTION IS NOT A BOUNDARY SURVEY, 2. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR. 3. BEARINGS AS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE GRID BEARING, SOUTH 89'34'16" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SW 15th STREET. SAID PARCEL CONTAINING 15.44 ACRES, MORE OR LESS. 1I~&1 900 EAST OCEAN BOULEVARD, SUITE 140 STUART, FLORIDA 34994 (772) 781-6400 PHONE (772) 781-6462 FAX 15th STREET HOMES, LLC SKETCH & LEGAL DESCRIPTION ,...... ;:: 'o,J Ul o o ..l o ui .j>. . fTI (]l ~ VI U!, ,...... ;:: 'o,J LP}Jg c:>r Date Scale N.T.S. Job No. 05-126 Checked by: GSF Date: 10/14/05 SHEET 1 OF 1 ," ~ . 1375 Jalon Street, Suite 206 Fort M Florida 33901-2845 Phone: 2 9-334-3366 Fax: 239-334-6384 Email: larue-planning(Q}att.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared for: Owner: Applicant: From: To: Petition No. The CityofOkeechobee FrankAltobelloJ Trustee Maxwell & Maxwell Attorney Holding RSF-l 05-013-R Staff Report Rezoning Request Applit.al1t:. Frank Altobello, Trustee Petition No. 05-013-R General Information Applicant: 15th Street Homes, LLC Applicant Address: 701 Brickell Ave. Ste 1740 Miami, Fl 33131 Applicant Phone Nmnber: 863-763-1119 Contact Person Maxwell & Maxwell, P.A. Attorney Owner: Frank Altobello, Trustee Owner Address: P.O. Box 417 Okeechobee, FL 34973 Existing Proposed Future Land Use Map Single Family Same Classification Zoning District Holding RSF-l Use of Property Vacant Single Family Subdivision Acreage 15.44 Same Access SW 15th Street Location: 0 SW 2nd Street Okeechobee, FI34974 Legal Description: ALL OF THAT PORTION OF THE LANDS DESCRIBED BELOW LYING SOUTH OF A LINE BEING PARALLEL TO AND 695.62 FEET NORTH OF (AS MEASURED AS RIGHT ANGLES TO) THE NORTH RIGHT OF WAY LINE OF SW 15TH STREET. ALL THAT PART OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, LYING WEST OF BLOCKS 248 AND 249, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE; SOUTH OF SW 9TH STREET; NORTH OF SW 15TH STREET; AND EAST OF BLOCK 202, AND SOUTHERLY EXTENSION THEREOF, FIRST ADDITION TO THE CITY OF OKEECHOBEE, AND EAST OF SW 10TH AVENUE, WITHIN THE CITY LIMITS OF OKEECHOBEE, FLORIDA. LESS AND EXCEPT FROM THE ABOVE DESCRIBED PARCEL THE FOLLOWING: BEGINNING AT THE INTERSECTION OF HOPKINS MEANDER LINE AND THE SOUTH BOUNDARY LINE OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 3S EAST, AND RUN NORTHEASTERLY ALONG SAID HOPKINS MEANDER LINE 28.6 FOR A POINT OF BEGINNING; THENCE EAST PARALLELING SAID SOUTH LINE OF SECTION 21, AFORESAID 56.6 FEET; 1 '1> "",_~_o..,_..-.......,,^ Staff Report Rezoning Request . APpat:. Frank Altobello, Trustee Petition No. 05-013-R THEN NORTH 175 FEET; THENCE WEST 240 FEET; THENCE SOUTH 175 FEET; THENCE EAST 183.4 FEET TO THE POINT OF BEGINNING, SAID LAND LYING IN AND COMPRISING APART OF GOVERNMENT LOTS 3 AND 5 OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. SAID PARCEL CONTAINING 15.44 ACRES, MORE OR LESS Request: The applicants are requesting a rezoning for approximately 15.44 acres of a 49 acre parcel. This request would remove the 15.44 acres from Holding to Residential Single Family One, Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: East: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: South: Future Land Use Map Classification: Okeechobee County Zoning District: Okeechobee County Existing Land Use: West: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: Summary: In the application submitted by the applicant it was stated that this area would be used for single family residences. The property is vacant and unplatted and this request could allow the applicants to develop up to 62 units on the property, The applicants also stated that the development of this property will be done in 3 phases, this rezoning request being the 1 st phase. The 2nd phase would be to plat the area as a single family community. The final phase is to develop a multifamily development on the northern portion of the property. At this time, it is unclear how the third phase ties into this rezoning request, but staff is in pursuit of clarification and will keep the City abreast of the applicant's intent. The subject property is vacant and has a Future Land Use Map classification 2 Staff Report Rezoning Request Applit...rlt:. Frank Altobello, Trustee Petition No. 05-013-R of Single Family. The request to rezone this particular area will make the zoning consistent with the Future Land Use Classification and will allow development that is compatible with neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single Family Future Land Use designation allows for a maximum density of 4 dulac. Before these lots are developed, action must be taken to ensure that the density will not exceed this requirement. The lots will also have to meet the RSF -1 minimum lot requirement of 10,000 square feet. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Single family residences is authorized under the RSF-1 Zoning District. (See Section 90-102 (1 ),) 3. The proposed use will not have an adverse effect on the public interest. No, single family uses 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, the proposed use and zoning is appropriate for this location and IS not 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. No, the proposed use will not be a deterrent to the improvement of adjacent properties, nor will it adversely affect property value or living conditions. "' -' Staff Report Rezoning Request . APpAt:. Frank Altobello, Trustee Petition No. 05-013-R 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 on the neighborhood, 7, The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use for the subject property is expected to impact schools and roads, but utility providers and public facilities should not be overburdened. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As stated earlier, development of this property could allow for up to 62 units. The applicants may be required to submit a traffic analysis to show any impacts on the local streets. Staff is not aware of any flooding or drainage problems on the site. If any such issues exist, the Building Official will evaluate them before issuing a Certificate of Occupancy. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing code requirements, 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 RSF-l zoning change will not grant any special privileges to the owner. Summary and Conclusions Prior to Certification Staff recommends approval of this request contingent upon the applicant specifYing the type of development that is to occur on the property and its impact on the surrounding area. 4 Staff Report Rezoning Request Appli,,_.lt:. Frank Altobello, Trustee Petition No. 05-013-R Recommendation Staff recommends approval of the request to allow rezoning from Holding to RSF-l permitting the applicant to construct single family home sites. Submitted by: James G. LaRue, AICP Planning Consultant November 2005 5 - . 'QIloO ~dEO': ~ ~~OozISft/tt . HerIP.ClO &: Tressie;Zol t3OSS. W. .7th.A' Oke~<;hobee; .FL.'349 :j~~~~mber T~!,'20(j5 ::~!f:N: Ms, K<ibtoCi ..Ql~~ ~.~~t!gr:ClI S~rVk~~-COt(fli:Jatot!Cityo:1lf Okeecbobeeo >~~~~E.. 3xd Ave..Okeech()bee, FL3A974 .LRef;R:ezoning Petition#05';(}1:J>.~ ~!\ItQ4~IlQ- }:~~~:~~~:thiS in referencetofhe a~~: rn.e.ntj()n~d~iOni~g i~~!'i~fofif()rthe property.irrirnedi~telyj()lr:iing'Jh~ 4 1/2 It)ts we own J~~ed. on SW1thAvel'l1;le.~W~-a:r:e4)ut_i)f tOwn an-dare unable to ::_a~~dth~~tin$Jh.i.$j~v~i'ili'i~ :)y(f],:I;\Y~ ()woed. allorne on -7thAvenuejtiining .the:i4\Jt~l)ellopto(ied ~Q:r}ij~ai)y30.yeaiS. We:also boughUh.(!..119.1J.'~ Qn t~e .I1Qrt~ $Ide:of Ji~fOrigitiaL home S yearsCl~. \\y~~have concerns with t.lI.~:. b:~lJd"i'ig ~fh()IlSil'tg tom pi exes un the ~a~~:\1emerlH()n.ecl pl:Q~rtY.;a:n(hhes~ .are.stated:as fulto~: 'T~~~:drClint1ge-fQnhat particular. piece ofpro~~wm ~:rience ~n.~~l~g dllttng lieavy,continuous r~l,,~ :a.,d .,.t:ho:mtan-es. :~~e~ to-themitural slouglrtl)~t js Wirt.:Q{..tbi~Jhvperty'any.site :p.~Peration win d.ir~1Y!1~:Q$.lhe~Js also:the.concern-of a ~:d.i5.~rf)at1c~J~fth~ o~tura] ~o.s.ys.t{!rn on..lhe::above.me.JjJ.i9."~ :~'t.~p.~r~Y-]rir~p~d!rt(nh-e presenceof two-:eagJ~iw.n~<<.~. Cii\d ~~f~essfuny- rearing severat clut(;"~Qf YQU.i\1;'! OthEr'vaneties oHm )~~uding:turkeys,-qu~il cm!l als~ ~a;nYtoph~t'tortles-,exist there . preSenfly. ::I~~~k yo.o.fc;>rrea~ing o'Qr-lettet and any.consr~~ratiQll YQu. ~Q.\ild gi~ "!$z1it1p~dated. . . 'S.in(:erely r.Herma~and Tl"~~'SieZq.~1 . ~'e~ JUl98'Jtt~:t~ :5J:~I"iO )j;jfl>IJ.(}k~ " . . November 14, 2005 Ms. Katrina Cook General Services Coordinator City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 In Re: Rezoning Petition 05-0l3-R, Altobello Dear Ms. Cook: I am writing in reference to the above mentioned rezoning petition for the property immediately joining the ten lots where my home is located on SW 7th Avenue. I had an accident at my home last week and am recuperating; therefore, I will not be able to attend the meeting tomorrow evening. I have some concerns with the building multiple residences on this property and some ofthem are as follows: Immediately behind my property is a "natural" slough that is part of the drainage of the 48.70 acres and if it were to be filled in for the construction of homes would greatly impact that area and any of our houses directly adjacent to it. When I first moved to this area about eighteen years ago, there was an eagle's nest near my home, located on the edge of this property of Altobello's. A couple of years ago or so, those eagles left. Now, there are two new pairs of eagles nesting in this area and according to the information I received from an Audubon officer, these new eagles must be the offspring ofthose who were here earlier. You can hear them through the woods when they are calling and they are majestic in flight as they come and go from their nests. Also, this property is abundant in gopher turtles, which are endangered species, We have encountered wild hogs, turkeys and all kinds of wildlife throughout the years. This is the one of the last undeveloped properties in the city where these animals and birds have migrated to over the years. I understand the "right of ownership " and the right to sell by the owner, but I would submit there should be some way of protecting these animals so they could continue to co-habitat among us. I heard a few years ago that Mr. Altobello was considering the prospect of leaving it a nature park. I know there are federal and state limitations regarding the eagles and other endangered species, when it comes to development. Many people in this neighborhood are aware of the abundance of nature in this area - particularly the eagles, gopher turtles, and birdlife. I have some questions regarding the number of proposed units per acre and where the main entrance to the housing development would be, The property runs from SW 9th Street south to SW 15th Street and SW 15th Street is already a narrow - busy street with individual homes and driveways all along the way plus the adjoining streets. Are the residential homes immediately adjacent to this property going to be protected visually from any development that would occur? What about the drainage issues and the natural flow of drainage for that particular piece of property? The property adj acent to me gets really wet during storms and that natural slough or pond overflows. I understand that some of these issues would need to be discussed during site-plan review; however, I feel the Zoning Board needs to be aware of some of the issues that could potentially affect and impact those of us, in the Southwest section of town, that immediately join or surround this property. We are all taxpayers and should be given consideration. There are too many areas of our county that have drainage problems and you cannot change the natural flow of water to suit developers' needs. We have experienced flooding on my property during heavy rains and hurricanes. I am afraid of what could potentially happen if this area is filled in. Thanking you for your time to read my letter and any consideration you could give us, I remain Sincerely, ~ 0. (!)~ Brenda T. O'Connor 1020 SW 7th Avenue Okeechobee, Florida 34974 FORM 88 ME.RANDUM OF VOTIN~ONFLICT FOR COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS . DATE ON ~IC~ ~O~.-:O~C,,-CUv.R.RED . '~l~ .-. Dt>~ tJ OTHER lOCAL AGENCY'" WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Rorida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABST AINfrom voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on' a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relativen includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associaten means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: =..-- -- PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . * * APPOINTED OFFICERS: Although you must a.bstain .fr~in voting in th~' situations descrilled above, you otherwise may participate in these matters. However, you must disClose the. nature oftheconfliclbefore making anyatternpt to influence the decision, whether orally or in writing and whether made by you or at your direCtion. .... ............ , . . ".'. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes, (Continued on other side) . CE FORM 88 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be'provided Immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the. measure before participating. . You must complete the form and file it within 15 days after the' vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to t~e ot~er members .~f the . DISCLOSURE OF LOCAL OFFICER'S INTEREST ~ u IV\... Jvl~t.Vll{ . hereby disclose that on Ndu.e.rY'i-~ 1\ ,20~: I, (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, v'inured to the special gain or loss of " l~ -!h <;'t--n..adt whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. . ~~ LLL I . by . which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~'-O^lJ 4Ppl~.~ l~ ~~~ ~,f~~ W~vh. ikL-=ffI,~ r~ l~~ .N-f~~ Date Filed li It(I1J~ ~~.'."~;. '- ::..: _: ,- - ~ ,'.. ,.' ,......,: :....... " . ,. .' '.. -. . . -. -. ,- : - -- .". . -.' -:', ~~ ,:~. -.: -,-- .,""', - . . . - . Signature ., . . .' ".' ".-' . -' -,' . .::' --_-~" _ ~ -~~~:~r:'.:.o;'~.'~", -,....-_..._,._....;..h.;~...',..j-_.;;L:~:,I,:U.i~'.,.~,._.~_ ". __..._~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TOMAKENNREQUlJlE:qJ)!~gL()SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF.THE.FbllOWING:JM~!=~C..I-!ME_N,!,_. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, 'REPRIMAND,. ORA .- CIVIL PENALTY NOT TO EXCEED $10,000.: . .. ~'( . . . ,'.L'.' . CE FORM 88 - EFF. 112000 PAGE 2 . "1;";; . ',,(,. . ~ - . City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, exL 218 Fax: (863) 763-1686 Fee Paid: Date: 1st Hearing: Notices Mailed: V" Name of property owner(s): Owner mailing address: e~ \..'t) L E"' f'" e- !. -.12.6' "", L. 1~ ". ~ \J Ii! tJlJ ~ ~ e-L - A <S€\fT CXEL~f:Q: \.. A. P' P ... t,. I . :C A..' N .T Fax: ~fo i ~~ 4S-t. Property address / directions to property: 5..,.., t> tN <<l ':& ~ '-l, N l) Indicate current use of property: " f). c:..b eJ ,.. Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): " b.-..ft tJ r Approximate number ofacres:.3Lo~ 'Is prope in a platted subdivision? t~s . o~ FI <-.C. Is there a current or recent use of the p;:r:rty that is/was a violation of county ordinance? If so, describe: P .R. 9 .p E 'R' r y Have there been any land use applicatiol}'i 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? N C) Is the subjjct parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: l~~ . Describe adjoining land uses / improvements to the North: (o"U.t~( I.l. 1- South: J~~..s"{"'" East: ~~tJ2..€ t....,J ~U- West: i~ - ).w.. AtJ~ Existing zoning: ~~I b,nn Ii).\..- Future Land Use classification: ~"fea..t..( ilL Actions Requested: ( V") Rezone L.J Special Exception L.J Variance Pa~celIdentificationNumber:3.Z.t.31.3!'OO.tb .00400 .G)OS"'o ~ ).~t. .~(".ooSb.o04cO 0100 V" I hereby certify that the information in this application is correct. The information included in this application is for use by the~' of Okeechobee in processing my request. False or misleading information may be punishable by a fin. e of up to $50 0 and . s n fup to 30 days and may result in the sununary denial of this application, Ger~lc( ~;jtZ ItJ "7/ Or..) Signature Printed Name Date Uniform Land Use Application (rev. 1/03) PaQe I of 2 Cmrent zoning classification: ~ S F ( Requested zoning classification: -<. "0 What is your desired permitted use under the proposed classification: (CN~~Lll~L Of:"(::/c...f:. If granted, will the new zone be contiguous with a like zone? J. EC) . Is a Special Exception necessary for your intended use? N~ V ariance? ~ 0 Describe the Special Exception sought: h:__::.~.: :~:; E 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? Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Descnbe Variance sought: y A R. I A. ~' 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? Unifonn Land Use Application (rev. 1/03) D...._..,., 'l -..1: "" . . Letter of Consent Re: Lots 10,11,12 Blk 50 First Addition to So. Okeechobee I Gerald A. Lefebvre hereby authorize Philip Y. Berger to act as agent on my behalf for the rezoning of the above referenced property. COUlltyof ~ Stateof ~~ Sworn to and subscribed before me this /1tJ; day of ctJ~ GerQf~ Le}~h ill"" ~ ,~...), by who is personally known to me. ~ C.udt JACOUELlNE C Notary PUblic Stat.' WITT My CDmm. exP. ne:. ~ FlorIda CQmm. NO. DO OO~7:OO5 Statement of Interest Ref: Lots 10,11,12, Block 40 First Additional to So. Okeechobee Dear Sirs: Please be advised that I am the 100% owner of the above referenced property. . . . 10. - Intended use of the property Ref: Lots 10,11,12 Blk 40 First Addition to So. Okeechobee The intended use of the above referenced property is for coIlllilercial office. Sincerely, pkugcr Statement of Special Interests Ref: Lots 10,11,12 Blk 40 First Addition to So. Okeechobee The property owner wishes to rezone the property from residential single family to commercial office in order to build a commercial office complex, - . . 11. Existing use of surrounding property owners East: Commercial office South: Vacant North: Commerical West: SW 2nd Avenue ~ Ii /IJ,~ :Doe.- /$5. ob I.IL~...IIIIII This Decumeat PRparcd By qd Rehm to: roM W. CONELY, XXX, BSQUDm CONBLY to CONELY, P.A. f01 )J. W. 6th BTRBB'l' POST OFnCB DOUR 1367 OXBBCBOBBB, PL 34973-1367 F:rLENUM 20050()9177 OR BK 00561 PGOa94 SllAROH ROBERTSOH. ClERK Of" CIRCUIT COURT DKEECHDBEE CDIlNTY. fL RECORDa> ~12912005 ~:~2:~9 PrI RECORDING FEES 10.00 DEED DOC 133.00 RECORDED BY n Anuez hrctIlDNumber: 3-28-37-35-0050-00400-0100 Warranty Deed This Indenture, Made this oftJ'I17 day of April MARTHA G. CONELY and MARTHA SUE VENSEL , 2005 A.D.. Between of die County of Okeechobee GERALD LEFEBVRE State of Florida , grantors, aDd whose address is: 1910 South Parrott Avenue, Okeechobee, PL 34974 of !be CounIy of Okeechobee State of Florida . grantee. Witnesseth thaI the GRANTORS, for BDd in COIISidaation of the SUII1 of -----------~------------TEN DOLLARS ($10)----------------------- DO~. aIld other good BDd valuable considendion to GRANTORS in Iumd pIIid by GRANTEE, the m:eipl ",bonof is hcmly lIl:lcnowlcdpd, have gnmttd, bargained and sold to the said GRANTEE and ORANTEE'S bciB, _ aDd usi,ps fDmrer, the Iilllowing d.scribed laud, siluale, !ying and beiDg in die County of Okeechobee State of Florida 10 wit: Lot 10, Block 40, FIRST ADDITION TO SOUTH OKEECHOBEB, according to the plat thereof recorded in Pl.at Book 1, Page 17, public records of Okeechobee County, Florida. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE '.l"HE HOMESTEAD PROPBRTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which- are not reimposed hereby, and taxes subsequent to December 31st, 2004. aDd Ibe pmtDn do hcmly 1bIIy wammt Ibe title to said Iud. aDd will defeod Ibe _ epiBst 1awlid claims of aD JICISOIIS whomsoever. In WItness Whereof, the am- have bcmmto set their hands BDd seals die day aDd year liIst Ibove writtcD. Signed, sealed aDd dellve in our presence: ~~ ~~'n STATE OF Florida COUNTY OF Okeechobee ~nu./, Tbc &xqoiDc inJtnImaIt .... Idmowlcdpl bcCon: me this OC '1 ,.. HARTHA G. CONBLYand KAR"rBA SUE VENSEL '1lJ~ ~. _ MARTHA G. P.O. AdcIRss:2Gll2 SoIdII Pan'alt A_lie, ()keedaobee, FL34!174 ~ &ct. uuA&- MARTHA SUE VBRSEL P.O. AddIas: ZIlI2 SouIIJ ........... A_ Okeedaobee, FL 34974 (Seal) day of April. , 2005 by EVAMAE lXlNElY MY COIIIIllliOI.OO3li5751 EXPlIlES: 0II8dlIl' 12.l!D ----- dr~:i;;;l:;~ &j- EVA MAE C :r Notary Publ.ic MyCooaission &pires: 12/12/08 woo...........,..uy IaJowa tome DrWho "'""pnxluced!heir Florida CONELY-LEFEBVRE '-_....,___ 2IICD (l6:J)761-55SS FonaPLWD-\ Nee ([:. 301 j~i163G l~ oj '.ID ~ $95-40 2676"86 flED FOR R[CORD OKfFr.fro9fE CO. Fl. 9. [(C . 7 PH 11:: f () GlORIA J. FORD Q.Em< Of CRr.U1T COIIU ~m~ 3-28-37-35-005D-00<<00-00sO ...... ft 'Dt 028-38-430!il Warranty Deed ns.~ Ma4o... 7thclaJaf LOOJa R. DeHJCCO, December,lt'<<A.D.. Bdweaa .,...~'" Okeechobee ,....'" Plorida CEJtALD IAl'BBVJtB, . Mrried Ilan, . pIItor, .. -_..CU JIM 3rd Street, Okeecbobee, Florida JU72 "'...~'" Okeechobee ....'" Florida ,paalee. Wlt.eatcda -...OIlAHtOIIl..........v~. 11 "'..._'" _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - ~ , NO/I00($10.00) - - - - - - - _ _ _~ .......... - -- .. I .. CJaA/IJ'Ott .........., O/lNl11!ll, ......... -..."......., . ,,", 1 . _ ;'''' ~ ........ - -...... "'OIlAH11!ll ... ollAl'i1En __................. .....__............. -...-.........0...,., Okeechobee ...'" Florida... Lota 5, ti, 11 and 12 of Block 40, FIRS'l' ADDITION '1'0 SOUTII OJCEBCBOBEB, according to the plat thereof recorded in Plat Book 1, p&g& 17, public record. of OketicbObea COl1nty, Florida. . Subject ~o reatriction., re.erv.tion. and ......nt. of record, if any, which are not reiJDpo.ed hereby, and taxe. .ub.equant to Deceaber 31.t, l!il!il4. The property herein c~mveyed DOES HOT con.tituta the BOHISTEAD of Grantor. Grantoda home.tead addre.. i. .et fortb belovo ~!m'" ......lattllllllOlllll.. ~.,."", Ut,.m. 0.0. 1~171'i., " f CIn:uIt CMt cIIliI -................,.., -... - ..-..........-...-.... .....~"'...- ----- fa . WJbiIeN'~ ........... ___... ... ... _ ... ... .., _ ~ .. ~ ....... . ~- ' ~.~ 12. r(;h .~-L"' (SolI) LOOISR.DeHICCO~ '.Q.~ 2m... IMr.-.ClIIJocWoo, PI. WH 7th ., ., Dec.-ber. ItU ., ~,..'.;.'.. . . .0 K4.._ ~- .'k. J . ._~. ~(;~.~~e=:: . .O~~.1t_-.r p:t. ~...~ MMMClOIILt I)...... ..11'I..-.. .I/ll:....... ....__u._ .__..,NiIo_ EVA HAE CORBLr JIIOI"AItY rwuc u,c...Iooia. e.,;- 12/121!il6 ""~~~ ":".~~'''~_:'''''''~~'~~:. CONSTRUCT CONCRETE MITERED END SECTION PER FOOT INDEX NO. 273. INV. EL. 23.6 2' VATERO MAIN 26' DEEP . CONSTRUCT CONCRETE MITERED END SECTION PER FOOT INDEX NO. 273. INV. EL. 23.5 PROPOSED STOP SIGN R1-1 (24" X 24") SEE DETAIL, SHEET 07 CONSTRUCT CONCRETE MITERED END SECTION PER FOOT INDEX NO. 273. INV. EL. 23.3 . 2' VATERO MAIN 26' DEEP 20' SETBACK PVC WM II S-l PROPOSED DRY DETENTION AREA INSTALL SILT FENCE (TYP). SEE DETAIL, SHEET 07 BOTTOM EL. 23.5 TOP EL. 25.0 ~ Z ~ 1&1 ~ Q. I- Z l&I i5 ~ Q. l!I C R Z N ~ I 24.96 ~ -1 <( :;: W o Vi <0 i!i ~ ~ I Ii I i \~RBr ~ P~OPOS D STOP SIGN R1L1 (2 " X i4") sEE: DE IL, S~EET 07 . \ o SDUnNEST 20th STREET VIJ:JD FENCE I') r..: o N we.!) Ulz-i :iCiw O::::!u.: OC:::l . n.CDLL .-: _ LL L() v' a xvi - 0 00 ~v L() ~ () <( CD I- _w Ul in JJ ~TBACK '--'jRB$ ~~ RBr S-2 S-3 S-4 DRAINAGE INLETS SEE DETAILS, SHEET 08 TYPE C GRA TE EL. 25.5 N INV. EL. 23.0 TYPE C GRA TE EL. 25.5 NE INV. EL. 22.2 S INV. EL. 22.5 TYPE C BUBBLE-UP GRATE EL. 23.5 SW INV. EL. 21.8 TYPE C CONTROL STRUCTURE WITH ALUMINUM POLLUTION RETARDING BAFFLE. GRA TE EL. 25.6 BLEEDER EL. 23.5 W INV. EL. 23.5 SEE DETAIL, SHEET XX PAVED AREA JI i i! ailllli; ~ ~ ~ ~ ~ \:! ~,,~ i ~ ~<i\~~i ~~~hi ~ ~~ ';;;i ~ ~ ~~~ ~ ~]~hg ~13~(ljiE~ ..;; ~ ! ::1:1 " ~ ~ j I <(n. Nw <(e.!) w-1<l: wll.~ m-1~ 0<(0 :I:z . ~Q~ w(/)C:i ~(/)<l: o~~ ~ o - e ere.!) ~ Il.~ l!J ;i I; r-- I Is '~' _',""~::2-~-~~,,_._----~.--1-- ___.J! .........,... ' ! .....~..... . ' . ..........,...., i '.1&1 ._--~"'.""."".""--....,...........J 1..J l~ >- W > Q! ::l CI) ~ <[ U ..... :J: ~ <[ Q! l=:1 CJ i ~ [J <3 ~ If) (Y) . o I- a ~ LELAND DYALS R,L,S, 2084 ~nL1 ~ \./ ~rrJ A\lP.. nl-<pechobee, Flo.. ! II 00. -S'e:> "- (L 'oJ C) If) ru ~ .-< os~J ~ 00_ o -S'~ <'- ~~ (1- -S'~ ~-S'- -S'~ x' ~ 0- 0 (Ie:> *BIJf ~;:~~ I , 6'~~J 0 ... 0 OA_ Ae:> Cd) .00'0<;1 Oe:>_ -S'e:> o ... ... ... I- a ~ I- Oe:>_ a -S' e:> ~ 0(1_ -S'e:> 00. Cd) ,00'0<;1 -S'~ ~- (I~ 0/_ -S'~ ~ JAW CIN2 '^ OS OA_ -S'e:> Ae'. Ae:> A e:>. A I ~ L o & ~. (;>_ A.0. A~"""- Oe:>. A -S'A C':0~0L 00: I .9C'_ C"e:>_ (0 A e:> (;> 0&. OA. A~ 1 A~ ,02 00_ -S'e:> ~I ; l I!I ~ 0,9. I ~~ OC'_ ~ 0&_ ~~ ,9~. -S'~ QI ... I- a ~ x' ~ C'~c0 > ro- (L v C) If! (\J -q- .-< 0&_ ~c::> 0,9_ ~e:> 0<,. Ae:> o-S'. O-S'_ ~~ A~ OC'. C'~ 02\,_ 0<,. 2\,~ Ae:> //_ 00. -S'~ -S'~ I SCALE. COMPUTED BY. DRAIJN BY. LIBRARY NAME' ti! ...8 ...I . ....~ c..= 1-% laJ R - N .... laJ Q. .... ~I 9 I i A(I_ ~e:> :9iJ- e:> 00 0,9_ e:> Ae:> I ~ L l' = 50' LOCATION' L- 10. 11, 12, B-40, FIRST ADDITION TO SOUTH OKE81~E37-35 TOPOGRAPHICAL SURVEY FOR' DATE. OS/24/05 RR JN6221 ('_on/~A_ c.. GERALD LEFEBVRE JOB NO.' DIJG.NO.. SH ET 1 OF 1 ~.. ~ . 1375 Jac~n Street, Suite 206 Fort My.Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(l:lJatt.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared for: Applicant: Owner: From: To: Petition No. The City ofOkeechobee Philip Berger Gerald Lefebvre RSF-l CPO 05-014-R - Staff Report Rezoning Request Applicant:. Philip Berger Petition No. 05-014-R General Information - Applicant: Philip Berger Applicant Address: 1910 South Parrott Ave, Okeechobee, Fl Applicant Phone Number: 863-763-6411 Applicant Fax Number: 863-763-4569 Contact Person Philip Berger Owner: Gerald A. Lefebvre Existing Proposed Parcel rD 3-28-37-35-0050-00400-0050 & 3-28-37-35-0050-00400-0100 Future Land Use Map Commercial None Classification Zoning District RSF-l CPO Use of Property Vacant Commercial Office Acreage 0.491 Access SW 2nd Ave. Location: SW 2ND AVE. Legal Description: LOTS 10, 11, AND 12 OF BLOCK 40, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request: The applicants for the property described above request that the zoning for the subject property be changed from Residential Single Family One (RSF-1) to Commercial Professional Office (CPO). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: RFS-l and CL T Existing Land Use: Commercial East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Law Office 1 Staff Report Rezoning Request . . Applicant:. Philip Berger Petition No. 05-014-R South: Future Land Use Ma Classification: Zoning District: Existing Land Use: Commercial RSF-l and CRV Vacant West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-I Summary: In October of2005, the subject property was reviewed by the Technical Review Committee for site plan approval. The owner intends to construct a 5,400 square foot office building on the site. The RSF -1 zoning on the property restricted the applicant from developing the site with a commercial use. Staff advised the applicant of the situation at which time this application was submitted to request a zoning district that would allow such uses. The surrounding existing land uses are mostly commercial. As such, the request to rezone the subject property will make the zoning consistent with the Future Land Use Classification of Commercial and will allow development that is compatible with the adjacent properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning and use is not contrary to the Comprehensive Plan requirements. Commercial uses are described as being offices, retail, automotive, wholesale and other related activities in the Comprehensive Plan. The applicant's request is consistent with the Commercial Future Land Use Category. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 20-222 (1) lists professional office, business office and medical office as permitted uses. The applicants intend to use the property as an office building and this is consistent with said Section. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed CPO zoning and its accompanying use will not adversely affect the public interest. 2 Staff Report Rezoning Request Applicant:. Philip Berger Petition No. 05-014-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. Yes, this use and zoning is appropriate for this location and is very compatible with the surrounding existing 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 in the area. The proposed use will encourage other undeveloped lots to be improved. 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 Yes, the proposed use can be buffered and will have to meet City Code requirements for site design, landscaping and buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use is commercial so density is not an issue. The proposed use will be within a location designed to accommodate such uses. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed use will not create an inordinate amount of traffic nor will it create flooding or drainage problems, 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within Code requirements and will not be 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. 3 Staff Report Rezoning Request . . Applicant:. Philip Berger Petition No. 05-014-R No, by granting this request, the City will not be conferring any special privileges to the owner. Summary and Conclusions Prior to Certification The subject property is within an area which is developed with commercial uses. The proposed zoning and the accompanying use are compatible with the surrounding uses and consistent with the Comprehensive Plan. Therefore, based on the findings of this analysis, staff recommends approval of this application. Recommendation Staff recommends approval of the request to allow rezoning from RSF -1 to CPO permitting the applicant to construct an office building. Submitted by: James Q, LaRue, AICP Planning Consultant November, 2005 4 -