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2005-11-15 LPA . . CITY OF OKEECHOBEE LAND PLANNING AGENCY NOVEMBER 15, 2005 SUMMARY OF AGENCY ACTION I. Call to Order - Chairperson. Land Planning Agency, November 15, 2005, 6:30 p.m. Chairperson Ledferd called the November 15,2005 Land Planning Agency meeting at 6:30 p.m. II. Chairperson, Member and Staff Attendance - Secretary. Board Secretary Cook called the roll: Chairperson William Ledferd Vice-Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency 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 Agency Agency Member Burroughs motioned to dispense with the reading and approve the Summary of Agency Action for the October 25,2005 regular meeting. Action for the October 25,2005 Regular Meeting; seconded by Agency Member Whidden. VOTE BURROUGHS-YEA JOHNS - YEA KELLER - YEA LEDFERD - YEA MAxWELL - YEA MCCoy - YEA WHIDDEN - YEA MOTION CARRIED. IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-012-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 11 and 12, Block 105, City of Okeechobee, from Single Family to Commercial. The subject property is located at 402 NW 4th Street. The property owners and applicants are Barry and Valerie Lewis. . . November 15, 2005 - Land Planning Agency - Page 2 of 4 Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently designated Single Family and is within the Commercial Professional Office (CPO) Zoning District. The Single Family Future Land Use category allows residential uses up to 4 dwelling units per acre, whereas the proposed Commercial designation allows office and commercial activities such as that being proposed by the applicants. Presently, there are professional office uses along NW 4th Street and NW 4th A venue and this request would be in line with those surrounding uses. Additionally, this request, if granted, would bring the zoning into compliance with the land use. Planning Staff Report Comprehensive Plan Analysis: (A) Policy 2.1 (c) describes the permitted uses allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. The applicants request for an accounting office is equivalent to the uses allowed by the Comprehensive Plan. (B) Because the property is developed it is reasonable to assert that public utilities and sanitation are available to the site. Transportation impacts would be minimal and traffic congestion is not anticipated. (C) As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the more dominant current existing land use. (D) The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to the existing proposed use and the existing zoning on the subject property. Planning Staff Report Analysis and Conclusions: Based upon the Comprehensive Plan, its goals, objectives, and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that the application be approved as it is consistent with the Comprehensive Plan There was no public comment, nor any Agency discussion. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 05-012-SSA, to change the land use designation from Single Family to Commercial; seconded by Agency Member Whidden. IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-012-SSA, continued. . VOTE BURROUGHS-YEA JOHNS-YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. B. Consider amending Section 90, Division 5, Signs, of the City of In Attorney Cook's absence, Jim LaRue, City Planning Consultant, briefly described the proposed Okeechobee Land Development Regulations specifically regarding amendment. Commercial and Industrial Sign Regulations. This item was previously considered at the October 25, 2005 Land Planning Agency Meeting - City Agency Member Ledferd questioned the consequences of a mural being over 100 square feet. Attorney. . Jim LaRue, City Planning Consultant, explained that a variance would be necessary for a mural to exceed the 100 square foot maximum size. Agency Member Burroughs questioned whether color requirements should be included in the language. He also noted a typo on line 3, it should state "shall be developed." There were no public comment, nor any further Agency discussion. Agency Member McCoy motioned to recommend to City Council to amend Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations with the above noted correction; seconded by Agency Member Whidden. dIe::: November 15, 2005 - Land Planning Agency - Pa e 4 of 4 ~ IV. New Business, continued. B. Consider amending Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations, continued. . 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, sllch 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. i I (1 It ~..x> William Ledfer · 1Yt+-!\\ nfl, ( DQ~tt ___) 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 Ledferd adjourned the meeting at 6:44 p.m. . CITY OF OKEECHOBEE - NOVEMBER 15, 2005 _ LAND PLANNING AGENCY - HANDWRITTEN MINUTES . PAGE -1- I. CALL TO ORDER - Chairperson: November 15. 2005. Land Planning Agency Regular Meeting 6:3Cp.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Prese t Absent 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 Ct3 'Se'(YIl'\q~ Alternate Carol Johns - {O't\(lC\ Alternate Epifanio Juarez Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Agency Member '\6 moved to dispense with the reading and approve the Summary of Agency Action for the October 25,2005 Regular Meeting; seconded by Agency Member T vJ . VOTE Burroughs Hoover Keller Ledferd Maxwell McCoy Whidden YEA NA Y ABSTAIN ABSENT MOTION: CARRIED - DENIED - . . PAGE -2- IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-012-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 11 and 12, Block 105, City of Okeechobee, from Single Family to Commercial. The subject property is located at 402 NW 4th Street. The property owners and applicants are Barry and Valerie Lewis. J\ m Ul\<W- \ G..-~ bY\e.p-~ MC~d P\.ahY\U"C( ~-tCl .Q- .c. Cons lA.l+o.J\. + t rQport-. No ~bl \ t- LOmrhtJl-t- - (\0 'Cturd diScuss 1011 DIIc.. moll0l1'o rJLc.OM~ a..pProVL - U V\J 8e (011 cl., - . . PAGE -3- B. Consider amending Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations. This item was previously considered at the October 25, 2005 Land Planning Agency Meeting - City Attorney. \h~~~ Ccn."<-5 CltB..Qf)CJ- 0\ m lClR~ by u f- ~'-\ d..lD:~~Cd.. {Ju pm po JaQ.. to W +\~cn~j-. B l - Wrtt-+ \{ CNtl 100 -f!.J- ( Jt - VClh.d..n<:J.. WO Wd b< r Q9 /.A..0 cwl Lcte nOYYYlo..X.- ()lqno..r--~ T6- CD loy? J L- QtjL~ WelL{ to qovern COlor WOwd IQz wi d1slqn ~+ahda(dS'. -m '- . II {I 3(0{ ~ - ShuJ Ioe illv..e.loPQd no pv.-\D( (t Wntf1UfL~ - nofuv+0--L ~lJCU))(OfL Dm c. mOllOvL to CLYVUilci - w/ corYf2~nQv\"" '~JwseLOi1a ' . . PAGE -4- v. ADJOURNMENT - Chairperson Ledferd at 6: y.~ p.m. - ~ I. II. . III. e IV. CITY OF OKEECHOBEE LAND PLANNING AGENCY MEETING NOVEMBER 15, 2005 OFFICIAL AGENDA PAGE 1 oF2 CALL TO ORDER: Land Planning Agency, November 15,2005,6:30 p.m. - Chairperson. CHAIRPERSON, BOARD MEMBER AND STAFF 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 Agency Action for October 25, 2005 regular meeting. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05-012-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 11 and 12, Block 105, City of Okeechobee, from Single Family to Commercial. The subject property is located at 402 NW 4th Street. The property owners and applicants are Barry and Valerie Lewis. B. Consider amending Section 90, Division 5, Signs, of the City of Okeechobee Land Development Regulations specifically regarding Commercial and Industrial Sign Regulations. This item was previously considered at the October 25, 2005 Land Planning Agency Meeting - City Attorney. - NOVEMBER 15,2005 - 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 of the Department of General Services. L .. . 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: t 0 Petition No. 1st Hearing: Jurisdiction: Fee Paid: vJed /I Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: - Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Owner mailing address: e c..<.J / s II' Name of property owner(s): A P ~.. Name of applicant(s) if other than owner (state relationship): AppIicant mailing address: /Ln Name of contact person (state relationship): c.-J I .s Fax: {, 7- 30 SO Size of the Property (in acres): /V'w Lft! ~ II' Property address / directions to property: Parcel Identification Number: -~ -00 itJ -616~-O'- 0//0 oh Current Zoning Designation: P R Current Future Land Use Designation: o Existing Use of the Property: Proposed Future Land Use Designation: Proposed Use of the Property: c:At6/; ( /Ie- ( (j ?</l -6 'h:!J C2?~ Description of Surrounding Properties: .~ ';f,z" ..e J f ',CJ ^ tJ " -" Legal Description oftJ:le Property (Lengthy Description May be Attached): C'~ ",-;1 c::(/Lu chb-e -;7 / tf ,. '--;,/' ""~ drs // -; /;;L B ~ c Ii 0 ~- Uniform Land Use Application (rev. 12/03) Page I of 2 v Survey of Property (11" x 14",20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map v I hereby certify that the information in this appIication 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. ~~ ~ ~. U/pr/ c X':~;~ Si ature Printed Name . -- /11 / 6 j Date" Uniform Land Use Application (rev. 12/03) Page 2 of 2 ... . . Barry and Valerie Lewis 435 SW 30th Terrace Okeechobee, Florida 34974 October 14, 2005 Re: Comprehensive Plan Map Amendment Application City of Okeechobee: The enclosed application for comprehensive plan map amendment application is to allow for the operation of a certified public accounting office at 402 NW 4th Street. Thank you for your consideration. rJaL' cl..: Valerie Lewis D SearchResuIts Page 1 of2 Okeechobee County Property Appraiser Last Updated: 8/22/2005 Parcel ID: 3-15-37-35-0010-01050-0110 I 2005 Progosed Values ~ Property Card ] I GIS Map II Print I Owner & Property Info << Prev Search. ~esult: 3 of 3 Owner's Name LEWIS BARRY & VALERIE Site Address 402 NW 4TH ST, Okeechobee Mailing 435 SW 30TH TERRACE Address OKEECHOBEE, FL 34974 Brief Legal CITY OF OKEECHOBEE LOTS 11 & 12 BLOCK 105 Use Desc. (code) SINGLE FAM (000100) Neighborhood 518655.00 Tax District so UD Codes Market Area 70 Total Land 0.321 ACRES Area -- ",,*. << Prey Next > > Property & Assessment Values Just Value $120,370.00 Class Value $0.00 Assessed $120,370.00 Value Exempt Value $0.00 Total Taxable $120,370.00 Value Mkt Land Value cnt: (1) $60,000.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $58,706.00 XFOB Value cnt: (4) $1,664.00 Total Appraised $120,370.00 Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 1/14/2005 551/597 WO I Q $240,000.00 3/1/1994 353/1305 WO I U 03 $0.00 5/1/1981 0/0 QC V Q $100.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 SINGLE FAM (000100) 1981 1416 1928 $58,706.00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) CONe A <5000 SLAB 1983 $462.00 500.000 SO x 10 x 0 PO (70.00) ACA W4 AL CONC AL 1991 $505.00 100.000 10 x 10 x 0 PO (50.00) FENC 1 4'C/UNK 1988 $647.00 240.000 OxOxO PO (70.00) CONC A <5000 SLAB 2004 $50.00 54.000 OxOxO PO (70.00) land Breakdown Lnd Code Desc I Units Adjustments Eft Rate Lnd Value 067NP8 NO SIDE ST (MKT) I 100.000 FF - (.321AC) 1.00/1.00/1.00/1.00 $600.00 $60,000.00 Okeechobee County Property Appraiser I <<Prev Last Updated: 8/22/2005 Search Result: 3 of 3 q})Vf{':& http://www.okeechobeepa.com/GIS/D _ SearchResults.asp 9/1/2005 .. J> r ru r 0 fT1 , -< ~ LOT 3 BLOCK 105 r\ I FOUND 5/8" IRON R(jD I FOUND 5/8" IRON ROD I ~ LOT 10 . \ BLOCK 105 0 ?' C! 0 \ "l:/l .... FENCE CORNER 0.3' E 0 cO C\J 9.9' '"' LOT 12 0- ~ 'V w BLOCK 105 ::) z ~w .~ ::>> SCALE 3' X 3.7' Z<t 1 " 30' CONCRETE gr:tj = <:I: u ,QICJ .+-JO- ~8 X :I: ~'V FENCE ONE STORY 0 CORNER ....:l cO 0.3' 'W RESIDENCE C\J .......... U~ ..,. -.... 0::: b r-- ..,. 35' 35' FOUND Z1f8" IRON R 0 FOUND 5/8" IRON ROD 50.00' elL NW 4th STREET 100' R/'W - <TENTH AVENUE(P) ASPHALT 10' 100.00. CONCRETE DRIVE ~ 5' CONCRETE 'WALK b ~ 2' CURB Be GUTTER ~ ~ b ~ ~ / l.EQENO: I.,;}&.I Ac~ Ct:H1 rtEu TO BARRY LEWIS & VALERIE LEWIS FIRST BANK OF INDIANTOWN, ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTEREST MAY APPEAR CONELY & CONELY, P.A. CHICAGO TITLE INSURANCE COMPANY CASSELS & MCCALL elL - CENTERUNE R/W - RIGHT Of WAY R - RADIUS L - AAC l.ENGTIi 0'- DaTA ANGLE au - OVERHEAD UllUllES lD} - DESCRIPTION P - PLAT lA - MEASURED - 'I. -- OVERHEAD UllUllES e - WOOD POWER POLE ELEV. - ELEVAllON . INV. - INVERT x 20.00 - EXISllNG ELEVATION WM - WATER lAETER PK/D - NAIL AND DISK DESCRIPTION: LOTS 11 AND 12 OF BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. NOTES: 1.) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 2.) THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAl RAISED SEAl Of A fLORIDA LICENSED SURVEYOR AND MAPPER. 3.) ONLY VISIBLE ENCROACHMENTS AND IMPROVEMENTS, IF foNY, ARE SHOWN HEREON, UNLESS OTHERWISE NOTED. 4.) DESCRIPTION FURNISHED BY CLIENT. NOTES: 1.) PARCEL SUBJECT TO All EASEMENTS, RESERVATIONS. RESTRICTIONS, AND RIGHTS OF WAY. 2.) PARCEL CONTAINS: 14,000 SQUARE FEET OR 0.32 ACRES MORE OR LESS. 3.) STREET ADDRESS: 402 NW 4th STREET 4.) AlL LOT DIMENSIONS ARE PLAT AND MEASURED, UNLESS OTHERWISE NOTED. 5.) ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAl DATUM OF 1929 (N.G.V.D. 29). 6.) PROPOSED SITE PlAN SUBJECT TO APPROVAl BY GOVERNING AGENCIES. MAP MIXON LAND SURVEYING, INC. 311 WEST INDIANTOWN ROAD, SUITE 3 JUPITER. FLORIDA 33458 (561) 747-6046 CERTIFICATE NO. LB 4199 JOB NO. 04-276 CADD FlLE:04-276 SURVEY DATE:12 30 04 SHEET 1 OF 1 " A . . 1375 lac. 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 - Small Scale Comprehensive Plan Amendment Prepared fOr: Applicant: Petition No. The City of Okeechobee Barry & Valerie Lewis 05-012-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Barry & Valerie Lewis Petition No. 05-012 SSA General Information - B & Valerie Lewis 435 SW 30th Terrace Okeechobee,F134974 863-763-0500 863-467-3050 A licant & Owner: A licant Address: A licant Phone Number: A licant Fax Number: Existing P."oposcd Parcel ID # 3-15-37-35-0010-01050-0110 Future Land Use Map Single Family Commercial Classification Zoning District CPO No Changes Use of Property Vacant Residential Commercial Acreage .321 .321 Access 4th Street Location: 402 NW 4th Street Legal Description: LOTS 11 AND 12 OF BLOCK 105, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Request: The matter for consideration is for an amendment to the City's Future Land Use Map previously adopted from Single Family to Commercial, to allow the existing structure to be used as an accounting office. Based on the size of the property (0.321 acres), the application qualifies under chapter 163, of the Florida Statutes 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: ... . ,..-~. Commercial CPO Office Building Commercial & Single Family CPO Offices Single Family & Public Facilities CPO & Public Use County & Office Buildings Single Family CPO 1 .. . . Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Barry & Valerie Lewis Petition No. 05-012 SSA Existing Land Use: Offices Summary: The subject property is currently designated Single Family and is within the Commercial Professional Office (CPO) Zoning District. The Single Family Future Land Use category allows residential uses up to 4 dwelling units per acre, whereas the proposed Commercial designation allows office and commercial activities such as that being proposed by the applicants. Presently, there are professional office uses along NW 4th Street and NW 4th Avenue and this request would be in line with those surrounding uses. Additionally, this request, if granted, would bring the zoning into compliance with the land use. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Policy 2.1 (c) describes the permitted uses allowed in areas designated as Commercial as being offices, retail, automotive whole sale and related commercial activities. The applicants request for an accounting office is equivalent to the uses allowed by the Comprehensive Plan. B. Concurrency of Adequate Public Facilities Because the property is developed it is reasonable to assert that public utilities and sanitation are available to the site. Transportation impacts would be minimal and traffic congestion is not anticipated. C. Compatibility with Adjacent and Nearby Land Uses As stated earlier, the proposed land use change is compatible with adjacent and nearby land uses. Although several lots in the area have a Single Family Future Land Use, Commercial uses appear to be the more dominant current existing land use. D. Compliance with Specific Standards of the Plan. The Comprehensive Plan Goals and Policies as they are intended would allow for an Amendment to the FLUM. Therefore, the purposed change is consistent and would provide a link to the existing proposed use and the existing zoning on the subject property . 2 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Barry & Valerie Lewis Petition No. 05-012 SSA Analysis and Conclusions Based upon the Comprehensive Plan, its goals, objectives, and policies, the location ofthis property, and due consideration of the adjacent land uses, it is recommended that the application be approved as it is consistent with the Comprehensive Plan Maps or Diagrams Submitted by: James G. LaRue, AICP November, 2005 3 ..~,~..........__.-.~~~...~'"