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2005-12-20 PB . . CITY OF OKEECHOBEE PLANNING BOARD DECEMBER 20, 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board, December 20, 2005, 6:45 p.m. Chairperson Ledferd called the December 20,2005 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 Present Present Absent - with consent Present Absent - with consent Present Present - serving as a voting member Present - serving as a voting member Present Present III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action Board Member Hoover motioned to dispense with the reading and approve the Summary of Board for the November 15, 2005 regular meeting. Action for the November 15, 2005 regular meeting; seconded by Board Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. December 20, 2005 - Planning Board - Page 2 of 4 IV. NEW BUSINESS. A. Rezoning Petition No. 05-015-R. Consider a recommendation to the City Council to rezone Lots 1 and 2, Block 182, City of Okeechobee from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located at 304 Southwest 3rd Avenue, Leland Dyals is the applicant on behalf of the property owner Mary Dyals (Estate). . . Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: In May of 2005, the City Council granted a Small Scale map amendment for the subject property from Multi Family to Commercial. The applicant intends to continue the existing use on the property (Survey office), and in order to do so, the Zoning and Future Land Use classifications must be consistent. When recommending whether to rezone land, the City must consider the following analysis before reaching a decision. Planning Staff Report Analysis: (A) The proposed CHV zoning and its accompanying use are not contrary to the Comprehensive Plan requirements. (B) Section 90-282(1) allows professional offices within the CHV Zoning District. (C) The CHV zoning and office use will not adversely affect the public interest. (D) Surrounding uses show compatibility with existing uses allowed under this zoning district. (E) If approved, the proposed use and zoning will not deter the improvement or development of adjacent properties. (F) The site is already developed. All buffering requirements were met during the Site Plan review phase. (G) The property is already developed and has not overburdened public facilities nor is it expected to in the future. (H) The use will not create traffic, flooding or drainage problems. (I) The use has not been inordinately burdened by unnecessary restrictions. (J) Special privileges will not be conferred on the applicant as a result of granting this request. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area developed with commercial uses. The proposed CHV zoning and the existing office use are compatible with surrounding uses and consistent with the Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to continue a commercial office use. There were no pubic comments, nor any discussion from the Board. Board Member Juarez motioned to recommend to City Council to approve Rezoning Petition 05- 015-R, changing the zoning from Residential Multiple Family (RMF) to Heavy Commercial (CHV); seconded by Board Member Hoover. December 20, 2005 - Planning Board - Page 3 of 4 IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 05-015-R, continued. . B. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Council to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial (IND) to Residential Single Family - One (RSF-l). The subject property is located 302 Southeast 10th A venue. The property owner and applicant is Daniel Creech. . VOTE BURROUGHS-YEA HOOVER - YEA JOHNS - YEA JUAREZ - YEA LEDFERD - YEA MAXWELL - YEA WHIDDEN - YEA MOTION CARRIED. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property consists of 3 lots (9, 10 and 11) as described by the submitted survey. Lots 9 and 10 are developed with a single family dwelling and lot 11 is vacant. The Single Family Future Land Use designation allows the residential use that is currently on the property. The applicant's request is to bring the zoning into compliance with the Future Land Use Map. Planning Staff Report Analysis: (A) The Single Family land use category allows single family uses at a density of 4 dulac. The existing use is not contrary to the Comprehensive Plan requirements. (B) Section 90-102(1) allows a single family dwelling as a permitted use in the RSF-l Zoning District. (C) The use is existing and will not have an adverse effect on the public interest. (D) The use is appropriate for the location and compatible with the surrounding uses. (E) The proposed zoning and use will not adversely affect property values. (F) The existing use will not be required to be buffered from surrounding uses. (G) The use is pre-existing and has not overburdened public facilities, nor is it expected to in the future.(H) No traffic, flooding, or drainage problems are expected as a result of granting this request. (I) The applicant has not been burdened by unnecessary restrictions. (J) By granting this request the City will not confer on the applicant any special privileges. Planning Staff Report Summary and Conclusions Prior to Certification: Based on the above analysis, RSF-l Zoning seems appropriate in this location, The RSF-l zoning approval does not authorize additional units on these lots. . . 17 December 20,2005 - Planning Board - Page 4 of4 IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 05-016-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 ~ent. I 7/J. C::-' i Ii / ' , J'l. ~. , tL-{-A'i!t~,:, ~ <--< William Ledferd, Ch ATTEST: j/{t*Jt-lntl CDQJU Katrina Cook, Secretary Planning Stafr Report Recommendation: Staff recommends approval of the request to allow rezoning from IND to RSF-l permitting the applicant to continue the single family residential use. There were no pubic comments, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 016-R, changing the zoning from Industrial (lND) to Residential Single Family - One (RSF-l); seconded by Board Member Whidden. VOTE BURROUGHS - YEA HOOVER - YEA JOHNS-YEA JUAREZ - YEA LEDFERD - YEA MAxWELL - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:50 p.m. -,., II . CITY OF OKEECHOBEE - DECEMBER 20, 2005 - PLANNING BOARD - HANDWRITTEN MINUTES . PAGE -1- I. CALL TO ORDER - Chairperson: December 20. 2005. Planning Board Regular Meeting 6:45 p.m. II. CHAIRPERSON, BOARD MEMBER ST AFF 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 ~ \ 'f\C\ Alternate Carol Johns )cse\l. Or\\M oS \J '(y.;pP-t) Alternate Epifanio Juarez ~Q; Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. A. Board Member D\-\- moved to dispense with the reading and approve the Summary of Agency Action for the November 15,2005 Regular Meeting; seconded by Board Member \0 . VOTE Burroughs Hoover Keller Ledferd Maxwell McCoy Whidden YEA NAY ABSTAIN ABSENT M TION: CARRIED ~ DENIED . . PAGE -2- IV. New Business - City Planning Consultant. A. Rezoning Petition No. 05-015-R. Consider a recommendation to the City Council to rezone Lots 1 and 2, Block 182, City of Okeechobee from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located at 304 Southwest 3rd Avenue. Leland Dyals is the applicant on behalf ofthe property owner Mary Dyals (Estate). Jenn\rty mOlopXl \ 'f~ttOUl-\-Cl'tVQ O~ lLlQw ~lc~rw<~~ C\.no\ mOJ1Cl~~ \ bh~ f~ c\wcXL~d Uti ~(}M ~y+, No ~'OLl.~ LDmVYLtn+- - no 'COarQ cliJJWSJ I en EJ m01lon 10 Y-ltomJYlmd Clpproval 0\-\ second .A-\l ~- . . PAGE -3- B. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Council to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial (IND) to Residential Single Family - One (RSF -1). The subject property is located 302 Southeast 10th Avenue. The property owner and applicant is Daniel Creech. J~h\l\h~ morcpn l Ctp,(,lL1tn-tCL-nV~ O~ Lai2vu. P\;oJJh~ Md \ODt'Q~+1 Phltkj ciuJcruDQd ~-tO~ ~\br+. no 9,-^D~\L uorYLnL-tX~-\- ~ no tX)JYcA d\ swsslon D\-\ JV\J moi\cn 1'0 Y'Q.COYY\JY'Llnd 6~lmd ltVprovW Al~ "-6~ I e . PAGE -4- v. ADJOURNMENT - Chairperson Ledferd at (g: '50 p.m. . . CITY OF OKEECHOBEE PLANNING BOARD DECEMBER 20, 2005 OFFICIAL AGENDA PAGE 1 oF2 I. CALL TO ORDER: Planning Board, December 20, 2005, 6:45 p.m. - Chairperson. II. CHAIRPERSON, 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 III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the November 15,2005 regular meeting. IV. NEW BUSINESS - City Planning Consultant. A. Rezoning Petition No, 05-015-R. Consider a recommendation to the City Council to rezone Lots 1 and 2, Block 182, City of Okeechobee from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located at 304 Southwest 3rd Avenue. Leland Dyals is the applicant on behalf of the property owner Mary Dyals (Estate). B. Rezoning Petition No. 05-016-R. Consider a recommendation to the City Council to rezone Lots 9 - 11, Block E, Wright's Third Addition from Industrial (IND) to Residential Single Family - One (RSF-l). The subject property is located 302 Southeast 1 Oth Avenue. The property owner and applicant is Daniel Creech. DECEMBER 20, 2005 - AGENDA -PAGE 2 OF 2 .. v. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The tapes are for the sole purpose of backup for official records of the Department of General Services. City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: \ \ Petition No. 1st Hearing: 2nd Hearing: Fee Paid: $ Jurisdiction: c.,c. I Owner mailing address: Notices Mailed: II' Name of property owner(s): Name ofapplicant(s) if other than owner (state relationship): Applicant mailing address: e... Name of contact person (state relationship): Fax: r]lJi- - ~500 '(d Avenu Indicate current use of property: Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: ,2> do, h Is property in a platted subdivision? e.s 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 property in the last year? If so, indicate date, nature and applicant's name: Is a sale subject to this application being granted? Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: es Describe adjoining land uses / improvements to the North: :3 f d 5tr e e 4- East: 3 (d Av-e n u e... West: Future Land Use classification: L-J Special Exception L-J Variance - 3. - 35 - 0010 II' 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 $500,0~r~~so en of up t 30 days and may result in the summary denial of this application. ~d/tIv \ ,/ L':l:J 05 Si ature Date Uniform Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: \= Requested zoning classification : v What is your desired permitted use under the proposed classification: e..on~ f) \A ~ 0l.LV V Q ~ o.(l.{\ (. ~ If granted, will the new zone be contiguous with a like zone? +h 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. I/03) Page 2 of 2 . . November 14, 2005 City of Okeechobee Planning Board 55 SE }rd Avenue Okeechobee, FL 34974 RE: Statement of Interest in Property Statement of Special Reasons and Basis for the Request Intended Use, Nature of Activities and Development of Property Dear Board Members, Statement of Interest in Property I, Leland Dyals, am the Administrator of my wife's estate. I am acting on behalf of the Estate to correct the zoning of our property. Statement of Special Reasons and Basis for the Request There are no special reasons for the request. The basis for the request would be to correct the zoning on our property from RMF to CHV to continue to operate my Land Surveying Business on property with the correct zoning. Intended Use, Nature of Activities and Development of Property I intend to leave the property as it is. There is currently one office building located on the property that houses my land surveying business. ;?L ~.Jw Leland ~ Il/f D SearchResults Page 1 of2 Okeechobee County Property Appraiser Last Updated: 10/31/2005 Parcel ID: 3-15-~Z~J5-9j).lQ--Q1820-_0010 2005 Proposed VaJ~e~ Property Card ) I GIS Map II Print I Owner & Property Info Search Result: 1 of 1 Owner's Name DY ALS MARY Site Address 304 SW 3RD AVE, Okeechobee Mailing 304 SW 3RD AVENUE Address OKEECHOBEE, FL 349740000 Brief Legal CITY OF OKEECHOBEE LOTS 1 & 2 BLOCK 182 Use Desc. (code) OFFICE BLD (001700) Neighborhood 113652.00 Tax District 50 UD Codes Market Area 40 Total Land 0.325 ACRES Area < < Prey 1 of 0 Next> > Property & Assessment Values Mkt Land Value cnt: (1) $27,440.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $31,792.00 XFOB Value cnt: (1) $416.00 Total Appraised $59,648.00 Value Just Value $59,648,00 Class Value $0.00 Assessed $59,648.00 Value Exempt Value $0.00 Total Taxable $59,648,00 Value Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 5/1/1982 0/0 WD I U 03 $100.00 12/1/1971 133/577 I Q $5,000.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value 1 OFFICE/SFR (004700) 1930 956 1446 $31,792,00 Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) OCR OPN CC R/F 1991 $416.00 378.000 OxOxO PD (30.00) Land Breakdown Lnd Code Desc Units Adjustments Eft Rate Lnd Value 161CIO CITY LT (MKT) 100.000 FF - (.325AC) 1.00/1.00/1.00/1.00 $274.40 $27,440.00 Okeechobee County Property Appraiser Last Updated: 10/31/2005 Search Result: 1 of 1 I HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FA Q I Contact Us I This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office so governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of t http://www.okeechobeepa.com/GISID_SearchResults.asp 11110/2005 .. ., .. . .. IN THE CIRCUIT COURT IN AND FOR GLADES COUNTY, FLORIDA. PROBATE DIVISION CASE NO. 2005-CP. ~ In Ie: Estate of MARY VIRGINIA DYALS, a/k/a MARY DYALS, Deceased. / ORDER OF SUMMARY ADMINISTRATION On the petition of LELAND DYALS, for Summary Administration of the estate of MARY VIRGINIA DYALS, .a/k/a MARY DYALS, deceased, the court finding that the decedent died on the 13th. day of Decemher, 1997; that aU interested persons have been served proper notice of hearing or have waived notice thereof; that the material allegations of the petition are true; and that the decedent's estate qualifies for summary administration and an Order of Summary Administration should be .entered, it is c.. f~j;",! (.'~I.') ~j. ADJUDGED that ~,\:~~,if>l . r=",--. ~ 1. There be immediate distribution of the assets of the decedent, being th~61l0w.mg . (~) ..- \ :::.") described property: r:!.:~:~: ~, ~-:.~ :It Lots 1 and 2, Block 182,. OKEECHOBEE, according to the plat there~~~ ~~ recorded in Plat Book 5, page 5, public records of Okeechobee Countyf":::\ ';:~, Florida. (Parcel No. 3-15-37-35-0010-01820.0010) . .. . ...~ ,,' ',J ':~"?~ ~.",v". ....If' f'.~.~ ~'n 1(:'~) to LELAND DYAT$, whose address is 304 S.W. 3rd Avenue, Okeechobee, Florida 34974. 2. ThooSe to whom specified parls of the uecedent's estate are ,assigned by this order shall be entitled to receive and 'collect the same, and to maintain actions to enforce the right. ........ ...-.... 3. Debtors of the decedent, those 'holding property of the decedent, and those with whom securities or other property of decedent are registered, are authorized and empowered to comply with this order by paying, delivering, or transferring to iliose specified above the parts. of the decedent's estate assigned to them by this order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property_ CD~ It.\... ORDERED on Septentbe.r - t. - , 2005. #S/ JACK- LUNDY lL~ CIRCUIT JUnGE cc: Conely & Conely, P~A. / [/ , Ln C'r) RBS I SCALE 1" -40'1 o In n.i .... - c: L&.I _ Co 0 ..., In C N - .., C - c :z RBS RBF r ~I ;::1-- L&.I ~ rc La bl: - ,.... c c :z RBF L- SW 3RD STREET LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P) - As per the plat of (F) - Field Measurement (D) - As per the deed (C) - Calculation CENTERLINE N89'58'02'E 100.05' 100' [PI I I RBS 35" AREA- . 327 A~RES 1. Basis bearing CENTERLINE OF ROAD 2. Bearings ASSUMED 3. Not val id without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Descr I pt I on as per owner STREET ADDRESS: 304 SW 3RD A VENUE '" NOTES: o In n.i a: ~ 2 - o L&.I In C. n.i N .., ~ - - . c ~ ~I ~ ~1 -q: ~ Q - o:~ C'r)~ ~ ~ Ci) t.J LOTS 1 AND 2. BLOCK 1B2. ACCORDING TO THE MAP OF THE CI TY OF OKEECHOBEE. FLORIDA. AS THE SAME APPEARS ON FILE IN THE OFFICE OF THE CLERK OF C I RCU I T COURT I N AND FOR OKEECHOBEE COUNTY. FLOR IDA. IN PLA T BOOK 1 PAGE 10. 1 CERTIFIED TO: LELAND DYALS CITY OF OKEECHOBEE. FORIDA SURVEY OF: I 100' [ PI N89" 58' DO' E 99. 90' [Fl RBS 15' ALLEY RBF 1 ----- 589' 58' 00'11 99. 89' 100' [ PI CERTIFICATE OF SURVEY I HEREBY CERT I FY THA T THE PLA T OF SURVEY SHOWN HEREON WAS PREPARED UNOFR HY OIRFCTlON ~~::&~________ LELAND DYALS. RLS 20B, N1/2 11 I~ - ... ,.... ~I~ N N . , - .... ""'Ii N1/2 12 NOT PART OF TH I S SURVEY 100' [ PI 589'55'55'11 99.81' ---l ---- RBF SCAU: i' · W LOCA T ION: 1&2 P ILK 182 SE- TP-A6 . LELAND DYALS ~ aGINMIW IIIWEY FIlL 1o.4JE: BlI8J06 LELAND 10m 110. : 6!i83 R. L. S. 2084 - .", LD \11&110. : 304 S. H. 3rd A VS. . Oksechobee. Fla. ~Y .JI6683 OVALS r1 OF 1 PHONE. . . . . 1U-4901 FAX. . . . . 1SS-2500 M1 REV" IIJIII DAn: IY 8E'AL F. a /Pa.: CITY 19/' i . 1375 Jackson Street, Suite 206 Fort M"A Florida 33901-2845 Phone:-~-334-3366 Fax: 239-334-6384 Email: larue-planning(a}att.net Staff Report Rezoning Request Applicant/Owner: From: To: Petition No. Mary Dyals RMF CHV 05-015-R Staff Report Rezoning Request . . Applicant:. Mary Dyals Petition No. 05-015-R Summary: In May of2005, the City Council granted a Small Scale map amendment for the subject property from Multi Family to Commercial. The applicant intends to continue the existing use on the property (Survey office), and in order to do so, the Zoning and Future Land Use classifications must be consistent. When recommending whether to rezone land, the City must consider the following analysis before reaching a decision. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed CHV zoning and its accompanying use are not contrary to the Comprehensive Plan requirements. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 90-282(1) allows professional offices within the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, the CHV zoning and office 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. Surrounding uses show compatibility with existing uses allowed under this zoning district. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. If approved, the proposed use and zoning will not deter the improvement or development of adjacent properties. 6. The proposed use can be suitably bujJeredfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Fee Paid: Jurisdiction: Date: Petition No. 1 st Hearing: 2nd Hearing: 5 rt Name of property owner(s): Owner mailing address: 40 Name of applicant( s) if other than owner (state relationship): Applicant mailing address: Notices Mailed: Property address / directions to property: 3~ Indicate current use of property: ~I Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: \.;;) Is property in a platted subdivision? '1E..~ Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: J.J 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: N.. 0 Is a sale subject to this application being granted? 1J. 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: application is correct. The information included in this application is for use by request. False or misleading information may be punishable by a fine of up to days and may result in the summary denial of this application. ~Ifl..- b.Q~ Printed Name . ---.-J)- ~ ) -05 Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 . . statement of Interest Rezoning Application The proposed property was purchased to continue the existing use as a residence by the property owner and applicant. Daniel B. Creech wishes to continue this use and to comply with any and all regulations that the city of Okeechobee may have regarding the subject property. . . statement of Special Reasons and Basis for ReZoning Request The reason for this request is to comply with the City of Okeechobee Zoning Requirements to continue a residential use. By rezoning this parcel it will enable the legal use in the appropriate zoning, Residential Single Family - One. BOUNDARY SURVEY LOCATED IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lots 9, 10, and 11, Block E, WRIGHT'S THIRD ADDITION TO OKEECHOBEE, according to .the plat thereof recorded in Plat Book 1, Page 9, Public Records of Okeechobee County, Florida. SURVEYORS NOTES Subject to easements and restrictions of'record. Lands described hereon not' abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed dat4m. Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 1201'77 0200B, dated 2-4-81. Address: 302 SE 10TH AVENUE, OKEECHOBEE, FL. SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the qualifications noted hereon, es R. Almond, P Professional Surveyor-Mapper Florida Registration No. LS5081 Drawn By: AIT J~..E..~ LAe.~~r~~t~!lcO...PT~M- 2973 SW 3RD TERRACE OKEECHOBEE. FLORIDA 34974-2684 TEL: (863) 467-5700 FAX: (863) 467-6121 EMAIl.;surveyor349720yahoo.com FlDBK/PAGE REVISIONS 116/3 I o ~ (1~[) ~NUNK FENCE CORNER 1.0'N, 3.5'E LOT 8 Sa9"5O' "'#/ 37 .48" CHAlNUNK FENCE CORNER ISH, 1.0.... FO 5/a- IRe RlS 2084 IN CONCRETE (JO '" ~ IVI ~ 1= c;; 1- ~ '" I ~ 0 ~ ""0' (JO 0 '" C) ~ ,., ", '" ~ ~ ~I J: 1- (JO '" 10 q I . r I g I... U) LOT 9 0 q CO';) ~rr1 z zl,., 373.48' (11II ~. a ~I~~ -- ~ ~ ~o '" '" ('l BLOCK E :i. :i. g~ I'" ::r: WRIGHT'S THIRD ADDITION 1.288 ACRESt: I~ l> 70 OKEECHOBEE (JO (IlAPROIElAEHTS NOT SHOWN) 0 PL>\ T BOOK 1 , PAGE 9 LOT 10 ~ OKEECHOBEE COUNTY 'i< FLORIDA rPl _ ~z 373.49' g ~ .~c ~ q I'" rr1 LOT 11 WIRE FENCE CORNER l.O'N, 2.0'W OLD WIRE FENCE FD 5/a- IRe RlS 2084 >la9"5O'30t: FO 5/8- IRe RlS 2084 373.49' (JO '" & LOT 12 373.50' ~ q N '" !" : ~ 44)' R/W ---1_ _ _ _ _ -c;- _ _ _ -.?8~ _ _ _ ~~:.A_ _ --.-:?3.:.5O~ _ _ _ _ _ _ _ __ - SE 4TH STREET CERTIFIED TO ONLY THE FOLLOWING PARTIES: DANIEL B. CREECH, JR. ~ ~ SCALE: ," - 40' PROJECT No. 4500 SHEET OF' MAP OP ItOUNDARY SUIYn LECENO II - lolEASURED DIMENSKlH o - CEIl) ClW:NSlQN P - PlAT D1I1EHS1ON CY - CONCRETE IIOHUIIENT IR - IRON ROD IRe - IRON ROO WIl1t eN' _ - WATER IIUER YN - WATER VALYE UP - UTIUTY POLE SPRINT - SPRINT L - ARC lDIG1H .. - CENTRAl. ANGU: R - RAOIUS 1lISTAHC€ CH _ CHORD . SF - SQlME FEET GAL - GALUlH FO - FOUNO - P8 - PlAT BOOK PC - PAGE ORB - 0FF1CII0L RECORDS BOOIC ~ - RAOIAI. NR - NOT RADW. SURVEY DATE: SEPTEMBER 21, 2005 I TliIS _ IS INTENDED TO MEASURE 1 INCH LONG AT THE SCAl.E SHoWN. IF BAR IIEASURES DI'FtROm.y E:NI.ARGE OR REDUCE ACCORDINGLY. 1 INCH PREPARED FOR: DANIEL B. CREECH, JR. I I 20.00' I $89"47'47",#/1 I 1 ~I 1 z I a .. ~ 0 ~ ~ :i 20.02' - -+-- I ~ ~ '" o o o. . 1375 Ja.n Street, Suite 206 Fort My Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning~att.net Staff Report Rezoning Request Applicant/Owner: From: To: Daniel B. Creech IND RSF-l 05-016-R Petition No. Staff Report Rezoning Request Applicant: Daniel B. Creech. Petition No. 05-016-R General Information Applicant: Daniel B. Creech Applicant Address: 406 SW 2nd Street Applicant Phone Number: 863-634-6359 Contact Person Carolyn Arnold Owner: Daniel B. Creech Owner Address: Same Existing Proposed Future Land Use Map SF Same Classification Zoning District IND RSF-l Use of Property Residential Same Acreage 1.286 1.286 Location: Legal Description: Lots 9, 10, and 11, Block E, WRIGHT'S THIRD ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Public Records of Okeechobee County, Florida. Request: The applicant is requesting a rezoning from IND to RSF -1 to continue the existing use as a residence. Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: SF and IND Zoning District: IND Existing Land Use: Industrial East: Future Land Use Map Classification: MF Zoning District: RMF Existing Land Use: Residential/vacant South: Future Land Use Map Classification: SF Zoning District: RMF Existing Land Use: Residential West: Future Land Use Map Classification: SF Staff Report Rezoning Request e .PPlicant: Daniel B. Creech. Petition No. 05-016-R Zoning District: Existing Land Use: RSF-l Residential Summary: The subject property consists of 3 lots (9, 10 and 11) as described by the submitted survey. Lots 9 and 10 are developed with a single family dwelling and lot 11 is vacant. The Single Family Future Land Use designation allows the residential use that is currently on the property, The applicant's request is to bring the zoning into compliance with the Future Land Use Map. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single Family land use category allows single family uses at a density of 4du/ac. The existing use is not contrary to the Comprehensive Plan requirements. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 90-102(1) allows a single family dwelling as a permitted use in the RSF- 1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest, No, the use is existing and will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes, the use is appropriate for the location and compatible with the surrounding 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 zoning and use will not adversely affect property values. 6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The existing use will not be required to be buffered from surrounding uses. 2 Staff Report Rezoning Request Applicant: Daniel B. Creech. Petition No. 05-016-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services, No, the use is pre-existing and has not overburdened public facilities, nor IS it expected to in the future. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic, flooding, or drainage problems are expected as a result of granting this request. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the applicant has not been burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, by granting this request the City will not confer on the applicant any special privileges. Summary and Conclusions Prior to Certification Based on the above analysis, RSF -1 Zoning seems appropriate in this location. The RSF-l zoning approval does not authorize additional units on these lots. Recommendation . Staff recommends approval of the request to allow rezoning from IND to RSF-l permitting the applicant to continue the single family residential use. Submitted by: James G. LaRue, AICP Planning Consultant December 6, 2005 3