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2006-02-28 I I 2q I CITY OF OKEECHOBEE PLANNING BOARD FEBRUARY 28, 2006 SUMMARY OF BOARD ACTION I. CALL TO ORDER. Chairperson. Planning Board, February 28, 2006, 7:00 p.m. Chairperson Ledferd called the February 28,2006 Planning Board meeting to order 7:40 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE. Secretary. Deputy Clerk Eddings 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 General Services Secretary Betty Clement Deputy Clerk Melisa Eddings Present Present Present Present Absent - with consent Present Present Present - serving as voting member Present Absent - with consent Present Present (Deputy Clerk Eddings was present in the absence of Secretary Cook) III. MINUTES. Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action Chairperson Ledferd assigned Alternate Member Carol Johns to act as a voting member in the for the January 24,2006 regular meeting. absence of Board Member Devin Maxwell. Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the January 24,2006 regular meeting; seconded by Board Member Hoover. There was no discussion on this item. ,~C) III. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 24,2006 regular meeting continued. IV. NEW BUSINESS. A. Rezoning Petition No. 06-002-R. Consider a recommendation to the City Council to rezone Lots 6 to 10 and Lots 16 to 20 of Block 66, City of Okeechobee, from Holding (H) to Residential Multiple Family (RMF). The subject property is located at 703 Northwest 9th Avenue. William Jason Tomlinson is the property owner and applicant. VOTE BURROUGHS - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Mr. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Request: The applicant, Mr. William Jason Tomlinson, is requesting that the zoning for the subject property be changed from Holding (H) to Residential Multiple Family (RMF) to allow for multiple family dwellings, for subject property located at 703 Northwest 9th A venue, legal description being: Lots 6 to 10 and Lots 16 to 20 of Block 66, City of Okeechobee. Planning Staff Report Analysis: (1) The proposed use is not contrary to the Comprehensive Plan requirements. The Multi Family Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As such, the applicant would be allowed to develop the property with no more than 16 multiple family units. (2) Section 90-192(3) allows multiple family dwellings as a permitted use. (3) The proposed use and zoning may benefit the public interest of the City. (4) The subject property had adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. (5) The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. (6) If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at the site plan review phase. (7) Given the size of the development and the density that could be allowed, the impact on the public facilities will be minimal. (8) The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. (9) The only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. (10) There will not be a special privilege granted if this application is approved 3 I February 28, 2006 - Planning Board - Page 3 of 6 I I IV. NEW BUSINESS CONTINUED. I A. Rezoning Petition No. 06-002-R continued. Planning Staff Report Summary and Conclusions Prior to Certification: Based on the above information, the applicant's request is consistent with the goals, objectives and policies in the Comprehensive Plan. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from H to (RMF) permitting the applicant to construct multiple family dwellings on the site. Mr. Jason Tomlinson was present and addressed the Board. He explained that he is in the process of selling the property. The potential new owner met with Ms. Belcher, Okeechobee County Grant Consultant, in regards to grant funding for multiple family dwellings. Their plans are to pursue that avenue. Board Member McCoy voiced his concern regarding access to the property. Mr. Tomlinson responded that access would be from Southwest 7th Street. Developers are responsible for paving and accessing roadways to developments. There was no further discussion from the Board. Board Member Hoover motioned to recommend approval to City Council for Rezoning Petition 06-002-R, changing the zoning from H to RMF; seconded by Board Member McCoy. VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS - YEA MCCoy - YEA WHIDDEN - YEA MOTION CARRIED. f) ? , ) /~. IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 06-003-R. Consider a recomendation to the City Council to rezone Lots 4 to 6 of Block 251, First Addition to Okeechobee, from Residential Single Family-One (RSF-l) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7th A venue. Malissa Morgan is the applicant on behalf of property owner(s) A Child's World Childcare and Preschool, Inc. c. Rezoning Petition No. 06-004-R. Consider a recommendation to the City Council to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Residential Multiple Family (RMF) to Light Commercial (CLT). The subject property is located at 203 Southeast 2nd A venue. Ben and Laura Sims are the property owner(s) and applicant(s). Deputy Clerk Eddings read in its entirety, for the record, a letter which had been presented to the r Board by applicant Malissa Morgan, President of A Child's World Childcare and Preschool, Inc. as follows: "1 am in receipt of your letters dated February 21,2006 and the accompanying staff reports related to referenced applications Rezoning Petition No. 06-003-R and Comprehensive Plan Future Land Use Map Amendmant No. 06-004-SSA. Based on that correspondence, we have contacted LBFH, Inc. a local engineering firm, to request assistance in addressing the items listed in the two staff reports. Mr. Jeff Sumner (LBFH) has contacted Mr. Jim LaRue, and they have agreed that additional time is required in order to adequately address the City's concerns. Therefore, at Mr. LaRue's suggestion, 1 respectfully request that the two above referenced petitions be pulledfrom the agendafor Tuesday evening's meeting. We will contact you in the near future, after further discussions with Mr. LaRue, in order to request a new hearing date. Thank you in advance for your continued assistance in this matter. If you have any questions, please do not hesitate to contact me at your earliest convenience. Sincerely, A Child's World Childcare and Preschool, Inc., Malissa Morgan, President." 1 I I I t The 'consensus of the Board was to grant a time extension for Petition No. 06-003-R until March 28. 2006. Mr. LaRue, briefly reviewed the Staff Report as follows: Planning Staff Report Request: The applicants, Ben and Laura Sims, request a rezoning from Residential Multiple Family (RMF) to Light Commercial (CLT) to allow an accounting office on the subject property located at 203 Southwest 2nd A venue, legal description being: Lots 5 and 6 of Block 205, First Addition to Okeechobee. Planning Staff Report Analysis: (1) The proposed zoning and use are inconsistent with the Comprehensive Plan. (2) The use being requested is authorized under the CLT Zoning District as a permitted use. (3) It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. (4) The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. (5) Permitted uses such as those allowed in CL T Zoning District could affect or have the appearance of affecting property values in the residential neighborhood. IV. NEW BUSINESS CONTINUED. I c. Rezoning Petition No. 06-004-R continued. (Continued from 5) allowed in the CLT Zoning District could affect or have the appearance of affecting property values in the residential neighborhood. (6) If granted, the use may be required to be buffered from the residential neighborhood. (7) The proposed use and CL T Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. (8) The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed change could be interpreted as a special favor to an individual owner. Planning Staff Report Recommendation: Staff does not recommend approval of the request to allow rezoning from RMF to CL T permitting the applicant to operate an accounting office at this location. I Board Member Hoover inquired as to why this petition was not considered for Commercial Professional Office instead? She read the permitted uses for CPO from the code book as follows: Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three-quarters ton capacity shall be used. The following principal uses and structures are permitted in the CPO district: (1) Professional office, business office, medical office. (2) Funeral home. Mr. Jim LaRue remarked that he spoke with the applicants, they are in agreement and he recommends the zoning be CPO. There was no further discussion from the Board. I Board Member Hoover moved to recommend to City Council to approve Rezoning Petition No. 06-004-R, changing the zoning from Residential Multiple Family (RMF) to Commercial Professional Office (CPO); seconded by Board Member McCoy. IV. NEW BUSINESS CONTINUED. c. Rezoning Petition No. 06-004-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. !&JYi:-- c? L / William Ledferd, Chairperson ATTEST: Vr~d,~ Mel~sa Eddings, Deputy Cler VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA JOHNS-YEA MCCOY. YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:50 p.m. I j Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. , i::- SWO~~~Ad subscri before me this ~~d doyof ~ A.D.20.a..L %h - . 'i~n-{,,:<::? V.armenR. Brown Notary Public, State of Flonda at Large L~:~=0; "~J Com~ission #DD27211 ~ :'~;'. '\;).:O-~ Expm:s: Jan ] 7, 200e ~".;~i 0': f\..C~;~'-' ~ Bonded ThT"U Ii '~\I\\\ Aib..i"1tic l).onding Co., ine TIA!t>keechobee News P.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF Fl..ORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appear~ Judy Kasten, who on oath says she is Publisher of the Okeechobe{ News, a DAILY Newspaper published at Okeechobee, it Okeechobee County, Florida; that the attached copy of advertise! ment, being a I P d,~~J 7~ alL //4 JI';2- in the matter of p~ p~ I~ ~~ c:l.-.?,p...D'- in the 19th Judicial District of the CircuIt Court of Okeechobee County, Florida, was published in said newspaper in the issues of 19Q~ JO + d..d--) .l.-a 0 " e PUBLIC HEARING NOTICE PlANNING,BOARD. ilt;:,",',> \_<, ' , ' ",,' ",,~,-":-':"'_- _,', _::';, _ _'_' ' C" <,',__ .',';_',":'-, NOTICE: The Planning 80~rd fdr the City of Okeechobee will meet on Tu~da~, Feb' ruary2B, 2006 af 7:00 p.m. or as soon thereafter as possible. The meeting WIll be held at City Hall, 55SR Avenue, in the Council Chambers,Room 2oo"Oi<!',echo- beeflorida. The i1ems of conSideration af this meeting are: ,..' , : " . Conduct a PUBUC HEARING to consider Rezoning Application No; lJ&.002-R sub- mitted by property owner William Jason Tomlinson. The application IS the zoning designation from H~lng(Hl to HeSldenti~ Multip!e" 'Piojlll!jy'loeated af 703 Northw~st9th Avenue.legaLdescription " . .' >l1tJana .. i page. 5i~ubb , Ri1COrds, ,<S)'OO' '3-R"SU' b'" . Cimduct -,06-0 .' , mitted ,by appU<;ant MaUssa M.organ ~ban of ~roperty o~ner s . Wol1dChildcare and :,ignation from ReSidential .':,' (RMf) forpropertyJocatedafi702:a~d 704, Mn tieing: lois" fo 6 of Block 251", Rrsf ... . ' Page 11, .PubUc Records 01 Okeechobee County, flonda and.~S}PP~oxl~rely 6.!l8acre(sl. '",' ' " ", 'Conduct a PUBUC HEARING to consider Rezoning Application No. 06;OO4-R sub- mittedby property ol'lner(S)Be~and La~ra. Sims. The application. is to change the zoning, designation from Resldentiai Multiple family (RMf) to' Ught Commer- cial (ClT) for property located at 203 Southeast 2nd Avenue. legal descnption being: lots 5 and 6 of Block 205, RrstMdition to Okeechobee"Plaf B~ t,~age ; 11 'and Plat B~ 5, Page 6, ,Public Records of Oi<!'echobee County, florida'arid IS approximafely 0.3271 acre(s). .. .' A copy of the.entire apPliCatiOn\s)and.agenda are available In the General Services Office, Room 1 01 af Ci1j Hal. or by ca\ll~g Katrina Cook .at (B63) 763-3372; ex-, tensio~ 218. Piease be advlsedthat.thlS board serves as a.recqmmendali9n board: All i1ems considered are forwarded with their recommendations to the City Councilforlinal public hearing Tuesday, March 21,2006. ..' " _. PLEASE TAKE NOTlCEANO".BE'AOVISEO that d any person geslres ,to appeal any decision made .by the Planning Board with respects 'to any matter conSidered af this meeting; such interested person will need a record of the proce~dll1gs, and for such purpose may need to ensure a verbatim record of. the proceedll1gs IS made, which record includes the festimony arid evidence upon w1]ich the .appeal is fo be based. Tapes are used for the sole purpose of back-up for the Clerk's Of- In ~~~ordance wilh fhe Americans with Disabilities Act (ADA) and Flonda Statute 286.26. persons with disabililies needing special accommodation to par11clpate 111 this proceeding should contact KatOna Cook, no later than fwo (2) WOrking days pnor to the proceeding at 863-763.3372 x 21B, iI you are heanng or vOice Im- paired. call TOO l-BOO.222-344B (voice) or l-B8B-447-5620 (TIY) BY Brian Whiteh!lI, Zonll1g Administrator BY: Brian Whftehall, Zonmg Administrator ., 1141 t 2 ON 2/10,22/06 . '*. e - PAGE -1- CITY OF OKEECHOBEE - FEBRUARY 28, 2006 _ PLANNING BOARD - HANDWRITTEN MINUTES ~L TO ORDER - Chairperson: February 28, 2006. Planning Board Regular Meeting ~:~D~.rrh II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Present 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 Alternate Carol Johns Alternate Epifanio Juarez Attorney John R. Cook Gen Svcs. Secretary Betty Clement Deputy Clerk Melisa Eddings III. MINUTES - Secretary. A. Board Member 1/1 (<~ moved to dispense with the reading and approve the Summary of Agenc~ tcti01 for the January 24, 2006 Regular Meetmg; seconded by Board Member ~Pf . Marc..dl jO~ftS I McCoy Whidden lY' MOTION: VOTE Burroughs Hoover Keller Ledferd YEA NA Y ABSTAIN ABSENT eI~ - DENIED e e PAGE -2- IV. New Business - City Planning Consultant. A. Rezoning Petition No. 06-002-R. Consider a recommendation to the City Council to rezone Lots 6 to 10 and Lots 16 to 20 of Block 66, City of Okeechobee, from Holding (H) to Residential Multiple Family (RMF). The subject property is located at 703 Northwest 9th A venue. William Jason Tomlinson is the property owner and applicant. Board Member iJ-@.-t:tYY/0 moved to recommend to City Council to approve Rezoning Petition No. 06-002-R, changing the zonin,.g Xr?m Holding (H) to Residential Multiple Family (RMF); seconded by Board Member 'JJl. (! (~ . ~tLf v !u:~~-{L ~Mti'~1 : ~~ ('h4-i~ tIJ~-<~ aJuA} / ).PJ'ffr10rMLJ.L (f- 4IfP!IJ-r:vJ. IC /ft:, ~Lh~~) ~~ ~: N'l;, {J~-? c7{~ -/1d<- If!M:1J~f/~''~;F ~1 J<l371LL~0 / fU"f' tJui'xhf - f<(Jfi'i1jif uJj&! cit.4J v f'l HF 111 C~' - fh~ Nil dL",i)>9 d C'<'~, 4{ ./f 'f-~ If ( {.U~&- bJ-! J,~njv~\L/ tCE,ct,( (L ('A'&a..v '!Itf --;' Vd.- Sf. 1;/) . c;7:(lu.fJ -- J/})cpl~JPn(f//,,;6::r VOTE Burroughs Hoover Keller Ledferd Mnwell Sdtns McCoy Whidden YEA NAY ABSTAIN ABSENT MOTION, 8- DENIED e e PAGE -3- IV. New Business Continued. B. Rezoning Petition No. 06-003-R. Consider a recommendation to the City Council to rezone Lots 4 to 6 of Block 251, First Addition to Okeechobee, from Residential Single Family-One (RSF-1) to Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7th Avenue. Malissa Morgan is the applicant on behalf of property owner(s) A Child's World Childcare and Preschool, Inc. Applicant has requested this item be tabled fo.~ M~A 1@06 Pllln..~iue Ikard meetiug. t{ '/ Lor fLOI.-tce. '. VOTE Burroughs Hoover Keller Ledferd Maxwell McCoy Whidden NA Y ABSTAIN ABSENT MOTION: CARRIED - DENIED - e e PAGE -4- C. Rezoning Petition No. 06-004-R. Consider a recommendation to the City Council to rezone Lots 5 and 6 of Block 205, 9B'~Addition to Okeechobee, from Residential Multiple Family (RMF) to bigb.t C0mmcI(,~~L T). The subject property is located at 203 Southeast 2nd Avenue. Ben and Laura Sims are the property owner(s) and applicant(s). Board Member ~ 6-jP'-..-/' moved to recommend to City Council to approve Rezoning Petition No. 06-004-R, changing the zoning from ResideIJ9al Multiple Family (RMF) to right Commercial (el T); sewnded by Board Member WlJ.-hI.-t.)1....J . CPj . (/l{!u~ < /! )L.VVfiJ}D).fllL pdl'h 'P7V - A1~1 )~~ CP () ~L 6l-/_{j:, ~ ~V~~) CL-'T VOTE YEA NA Y ABSTAIN ABSENT Burroughs Hoover Keller Ledferd M ,nweIUdut.s; McCoy Whldd'n MOTION: ~~ _ DENIED V. ADJOURNMENT - Chairperson Ledferd at -7: 5tJ p.m. - CITY OF OKEECHOBEE PLANNING BOARD FEBRUARY 28, 2006 OFFICIAL AGENDA PAGEIOF2 I. CALL TO ORDER: Planning Board, February 28,2006,7:00 p.m. - Chairperson. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. e 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 Interim Secretary Melisa Eddings III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 24,2006 regular meeting. e IV. NEW BUSINESS - City Planning Consultant. A. Rezoning Petition No. 06-002-R. Consider a recommendation to the City Council to rezone Lots 6 to 10 and Lots 16 to 20 of Block 66, City of Okeechobee, from Holding (H) to Residential Multiple Family (RMF). The subject property is located at 703 Northwest 9th A venue. William Jason Tomlinson is the property owner and applicant. B. Rezoning Petition No. 06-003-R. Consider a recommendation to the City Council to rezone Lots 4 to 6 of Block 251, First Addition to Okeechobee, from Residential Single Family-One (RSF-l) to Residential Multiple Family (RMF). The subject property is located 702 and 704 Southwest 7th Avenue. Malissa Morgan is the applicant on behalf of property owner( s) A Child's Wodd Childcare and Preschool, Inc. v. e e IV. NEW BUSINESS CONTINUED. C. Rezoning Petition No. 06-004-R. Consider a recommendation to the City Council to rezone Lots 5 and 6 of Block 205, First Addition to Okeechobee, from Residential Multiple Family (RMF) to Light Commercial (CLT). The subject property is located 203 Southeast 2nd Avenue. Ben and Laura Sims are the property owner(s) and applicant(s). 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. .. FEBRUARY 28, 2006 - AGENDA -PAGE 2 OF 2 ~.'.-.... '~ '0 ~~1916~' . CITY OF OKEECHOBEE PLANNING BOARD JANUARY 24, 2006 SUMMARY OF BOARD ACTION I. CALL TO ORDER. Chairperson. Planning Board, January 24, 2006, 6:45 p.m. Chairperson Ledferd called the January 24,2006 Planning Board meeting to order 6:45 p.m. II. CHAIRPERSON, MEMBER AND STAFFA TTENDANCE _ Secretary. e 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 Board Secretary Cook called the roll: Present Present Present Present Present Present Present Present Present Present Present m. MINUTES. Secretary. A. Motion to dispens, with th, reading and approv, th, Summary of BoM! Action Bo,"d Momb" M,Coy motionod to disp",,, with th, ''''''ing and approv, th, Summary of BoM! for the December 20, 2005 regular meeting. Action for the December 20, 2005 regular meeting; seconded by Board Member Hoover. e VOTE BURROUGHS. YEA HOOVER. YEA KELLER. YEA LEDFERD . YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. .. IV. NEW BUSINESS. A. Rezoning Petition No. 06-001-R. Consider a recommendation to the City Council to rezone Lots 9 and 10, Block 143, City of Okeechobee from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located within the 300 Block of Northeast 2nd Street. E. David and Judy Hester are the property owners and applicants. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Request: The applicant is requesting that the zoning for the subject property be changed from RMF to CHV to allow the property to be developed as an office building. Planning Staff Report Analysis: (A) Office uses are permitted within the Commercial Future Land Use Category as described in the Future Land Use Element of the City's Plan. (B) Section 90-282(1) of the Code allows office uses within the CHV Zoning District. (C) The use will not adversely affect the public interest. (D) Surrounding uses, as shown under the subheading "Adjacent Future Land Use Map Classifications and Zoning Districts", show compatibility with uses allowed under the CHV Zoning District. (E) If approved, the CHV Zoning and office use will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) The proposed use should not impact density patterns nor public facilities. The area can accommodate the proposed use. (H) The proposed use will not create any inordinate traffic congestion or flooding, nor will it impact public safety. (I) The proposed use should be able to develop within the existing City Code requirements and will not be inordinately burdened by unnecessary restrictions. (J) If granted, the proposed change will not bestow any special privileges to the owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is within an area which was originally intended for multi-family uses. However, because of the demand for more commercial uses and this block's proximity to US 441 and SR 70, plus its transition to Commercial is simple and necessary in this area of the City. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to construct an office building. Board Member McCoy explained that the surrounding properties are currently zoned Heavy Commercial (CHV) and that it may be more appropriate to stay with Heavy Commercial (CHV) instead of spot zoning with a lighter zoning district in the middle of the block. IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 06-00I-R, continued. Board Member Maxwell questioned Jim LaRue whether Light Commercial (CLT) would permit the proposed use. Jim LaRue, City Planning Consultant, explained that the proposed use would be permitted within all of the commercial zoning designations, Commercial Professional Office (CPO), Light Commercial (CLT), and Heavy Commercial (CHV). e Board Member Maxwell stated that he Board may want to consider a lighter zoning district than Heavy Commercial (CHV), as it may benefit the existing residential properties to the Southwest. Mr. Maxwell explained that he thought the normal trend was to zone the property with the lightest zoning district that allows the proposed use. Board Member McCoy explained that it would be more appropriate to keep the zoning district consistent with the contiguous properties, which would be Heavy Commercial (CHV). Chairperson Ledferd recommended that the Board recommend the rezoning application to Heavy Commercial (CHV) and allow the City Council to determine the whether the zoning district should be lighter than the requested Heavy Commercial. There were no pubic comments, nor any further discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 06- OOI-R, changing the zoning from Residential Multiple Family (RMF) to Heavy Commercial (CHV); seconded by Board Member Whidden. e VOTE BURROUGHS. YEA HOOVER. YEA KELLER. YEA LEDFERD . YEA MAXWELL. YEA McCoy. YEA WHIDDEN. YEA MOTION CARRIED. - V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the 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 pwpose of backup for official records of the Department. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:50 p.m. ATTEST: William Ledferd, Chairperson Katrina Cook, Secretary ... City of Okeechobee General Services Department SS S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 2nd Hearing: Notices Mailed: v ,);J Name of property owner(s): W; I r.GJI-\. -:::Ja..~()7) -r;;"" ,'ry, Owner mailing address: ;JS'6l./ )It,..) SOfl. tfw- A P P L J C A N T Name ofapplicant(s) if other than owner (state relationship): 0 Applicant mailing address: - Name of contact person (state relationship): Fax: g-63- 35 7- 3o~ Contact erson daytime hone(s): V Property address / directions to property: Indicate current use of property: II CO" t- P R o P E R T Y Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): ~.AJof') Approximate number of acres: I, b q~SIs property in a platted subdivision? C, ~ Is there a current or recent u of the property that is/was a violation of county ordinance? If so, describe: o Have there been any land use applications concerning all or part of this property in the last year? ]f 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? Ifnot, describe the remaining or intended uses: I Existing zoning: Actions Requested: ~ Variance Parcel Identification Number 4- OJ 0 v . -.. Confirmation ofJnformation Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fine of up to $ 00. ~imprisomne !up to 30 days a~7;f:t i:n'"7fZ;s appnt,;_O G Si!mature Printed Name Date Uniform Land Use Application (rev. 1/03) Page ] of 2 Current zoning classification: Rm~ Requested zoning classification: ;t1u R E Z o N E What ;Z:,;:/::tr:.' i':j.":' l:::)/y,"d x~m~.s If granted, will the new zone be contiguous with a like zone? Ve~ Is a Special Exception necessary for your intended use? ;J 0 Variance? ))0 Describe the Special Exception sought: - S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X. C E Why would granting your request be in the best interest of the area and residents? p T I 0 If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: I-- V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E.... What is the minimum variance necessary? Unifonn Land Use Application (rev. 1103) Page 2 of 2 .. e elllmllllllllll~IBBmlllllll. Prepared by and return to: Elizabeth Alexander Maxwell Attorney at Law The Law Firm of Maxwell & Maxwellt P.A. 405 NW Third Street Okeechobee, FL 34972 863-763-1119 File Number: 06-00299 Will Call No.: 8637631119 FILE NUN 2006001831 OR BK 00589 PG 0512 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHDBEE COUNTY, FL RECORDED 01/27/2006 02:57:~4 PM RECORDING FEES 18.50 DEED DOC 987.00 RECORDED BY L Rucks [Space Above This Line For Recording Data) Warranty Deed This Warranty Deed made this 2' day of Januaryt 2006 between Cypress Creek, LLCt a Florida limited liability company whose post office address is 7897 SW Jack James Drive, Suite A, Stuart, FL 34997, grantor, and William Jason Tomlinson, a single man whose post office address is 2564 NW 50th Avenue, Okeechobee, FL 34972, grantee; (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of <:orponltions, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum ofTEN AND NO/IOO DOLLARS (SlO.OO) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate. lying and being in Okeechobee County, Florida to-wit: Lots 6 through 10, and Lots 16 througb 20, Block 66t CITY OF OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-15-37~35-0010-00660-0060 and Parcel Identification Number: 3-15-37-35-0010-00660-0160 Subject to; covenants, conditions, restrictions, easements, reservations and limitations of recordt if any. Togetber with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Doublenmee OR BK 00589 PG'0513 Signed, sealed and delivered in our presence: ~ ::=~~ . ess . ~p,~C gyO"';>~ , KevYC.peterson ~e:rM 1i1;/*~ Witness Name: '/. j ~ ~ (Corporate Seal) State of Florida County of /It d/..LIJI...; The foregoing instrument was acknowledged before me this ~ day of January, 2006 by Kevin C. Peterson of Cypress Creek, LLC, on behalf of the corporation. He/she U is personally known to me or [X] has produced a driver's license as identification. ~ ' ~ /:' \QI-Uu -N~ / Printed Name: ~ h/ /. fdj1tJ It ~ My Commission Expires: ,.(jtJ/.6 0 -2 tf)" 9' ." , [Notary Seall 1 BEVERLY P. KAPOlIS ~~ MVCOMMlSSIOH#DD495201 EXPIRES: NOV 30, 2009 Bonded IIVOUDb 'st Stab lnsulIIII:e STAlE Of F\.ORIQA OI\Ef.CH~ COUNTY TtlIS IS A TRUE THIS IS TO CE~ ":~E RECORDS AND CORRECT \NI" 1 / ~..N. n"..s~ ~v ~ ~ ~ Warranty Deed - Page 2 DoubleTlme. e e William Jason Tomlinsoll 2564 NW 50th Ave Okeechobee,Fl34972 January 26, 2006 Dear Friend, My name is William Jason Tomlinson and I am the owner oflots 6-10 & lots 16-20 block 66 city of Okeechobee. This letter is to inform you of my intentions to apply for rezoning of these lots from holding to multi-family. This change in zoning will be bringing the property into compliance with the future land use map and will allow for the construction of some much needed rental housing. I originally purchased this property with the thought that I would build some multi-family units but I have already been approached by a developer who apparently has a grant from the county to construct some affordable housing and may be purchasing the property for that project. Thank you for your time and attention to this project and I hope that this is also in line with what the city is trying to accomplish. rlt~~ William Jason Tomlinson LaRue Pla1111il1g & Management Services, Inc. e 1375 J_on Street, Suite 206 Fort NlJIPs, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net ., .. Staff Report Rezoning Request PreparedfOr: The City ofOkeechobee Applicant/Owner: William Jason Tomlinson Petition No. 06-002-R Staff Report Rezoning Request Applicant: William Tomlinson. Petition No.06-002-R General Information licantlOwner: licant Address: William Jason Tomlinson 2564 NW 50th Ave. Okeechobee,Fl34972 863-634-7907 Jason A licant Phone Number: Contact Person Existing Proposed Future Land Use Map Classification Zonin District Use of Pro e Acreage Multi-Family None Holding Vacant 1.6 acres RMF Multi-Famil 1.6 Location: 703 NW 9th Avenue Legal Description: Lots 6 through 10, Lots 16 through 20, Block 66, City of Okeechobee, according to the Plat thereof, recorded in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. Request: The applicant requests to rezone the subject property from Holding (H) to Residential Multi-Family (RMF). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family and Multi-Family Zoning District: RMF Existing Land Use: Multi-family units and Vacant East: Future Land Use Map Classification: Multi-Family Zoning District: RMF Existing Land Use: Migrant housing South: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Vacant West: Future Land Use Map Classification: Industrial Zoning District: IND Existing Land Use: Industria1/CommerciaI 1 M Staff Report Rezoning Request e .PPlicant: William Tomlinson. Petition No.06-002-R Summary: The subject property consists of 10 lots. The lots are undeveloped and have a Future Land Use Map classification of "Multi-Family." The surrounding existing uses are predominantly multi-family except for the Industrial uses located west of the subject property. The request to rezone this property will make the zoning consistent with the Future Land Use classification and allow development that would be compatible with the neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. The Multi-Family Future Land Use classification permits this type of development at a maximum destiny of 10 units per acre. As such, the applicant would be allowed to develop the property with no more than 16 multi-family units. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Yes, Section 90-192(3) allows multi-family dwellings as a permitted use. 3. The proposed use will not have an adverse effect on the public interest. The proposed use and zoning may benefit the public interest of the City. 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. The subject property has adequate access to a functioning street and is surrounded by uses, which are compatible with the applicant's request. 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. The proposed use, if properly maintained, should benefit adjacent property values and help to encourage improvement to the neighborhood. 2 Staff Report Rezoning Request Applicant: William Tomlinson. Petition No.06-002-R 6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If required, the proposed use can be suitably buffered from the surrounding uses. This will be discussed at the site plan review phase. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Given the size of the development and the density that could be allowed, the impact on the public facilities will be minimal. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise ciffect public scifety. The development being proposed for this site will not create traffic congestion. If any drainage issues exist, the Building Official will evaluate them prior to issuing a certificate of occupancy. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions on the property are those set forth in the Comprehensive Plan and Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted if this application is approved. Summary and Conclusions Prior to Certification Based on the above information, the applicant's request is consistent with the goals, objectives and policies in the Comprehensive Plan. Landscape Regulations Prior to development, the applicant must submit a landscape plan with the site plan, which is consistent with the requirements set forth in Section 90-532 and 90-538 of the Land Development Code. .., .J --.-.,-"-"._~---------, J. Staff Report Rezoning Request e tPlicant: William Tomlinson. Petition No.06-002-R Recommendation Staff recommends approval of the request to allow rezoning from Holding (H) to Residential Multi-Family (RMF) permitting the applicant to construct multi-family dwellings on the site. Submitted by: James G. LaRue, AICP Planning Consultant February 17, 2006 4 City of Okeechobee General Services Department S5 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Notices Mailed: V Name of property owner(s): A P P L I C A N T Owner mailing address: Name of applicant(s) if other than owner (state relationship): Jurisdiction: 2nd Hearing: Fax: ? ,//-0 IJ t/ ~ Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): / d Applicant mailing address: Indicate current use of property: Name of contact person (state relationship): Contact erson daytime hone(s): ft; v Property address / directions to property: Approximate number of acres: , (p f? f? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R o P E R T Y 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? I) Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: t1 do. West: Describe adjoining land uses / improvements to the North: South: !Ji' East: Actions Requested: (){j Rezone ~ Special Exception Future Land Use classification: --9/ /l (-.-J Variance I hereby certify that the information in this application is correct. The information included in this application is for use by the City ofOkeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summa;y denial of this application. I /025 JtJ~ Date / r i lS)DLo Uniform Land Use Application (rev. 1/03) Page ] of 2 v Current zoning classification: Requested zoning classification: R E Z o N E What is your desired permitted use under the proposed classification: daJj{ltlre If granted, will the new zone be contiguous with a like zone? 9 Is a Special Exception necessary for your intended use? Variance? no Describe the Special Exception sought: - S P E C Provide specific LDR ordinance citation: ] A L . Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p T I 0 Ifbusiness, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: ~ V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev J/03) Page 2 of 2 e e January 25, 2006 To Whom it May Concern: A Child's World Childcare and Preschool, Inc would like to request a rezoning to RMF for parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21.,37-35-0020- 02510-0060 legally described as lots 4,5, and 6 of block 251, first addition to Okeechobee. Currently, A Child's World operates a private school on lots 1,2, and 3 of block 251, first addition to Okeechobee. Recently, A Child's World acquired parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020-02510-0060 legally described as lots 4,5, and 6 of block 251, first addition to Okeechobee and would like to expand the current business to accommodate the needs of the community and the extensive waiting list at the facility. A Child's World is located north of the proposed property for special exception and connects with the property proposed. To the East of the property is Central Elementary, to the west is Sacred Heart Catholic Church, and to the south is a single family residential home. Thank you for your consideration of this matter. Sincerely, ~M uP Sharon Poirier, Vice President YJ2Jkm~~ .1/lM. Malissa Morgan, P sident A Child's World Childcare and Preschool, Inc. 703 SW 6th St Okeechobee, FL 34974 863-763-5453 cP "R' \ (j l"'\D -u' . 'lb. DOC:Il_.t Prtparal By bd Ret...... to, TINDA MARS OKJ:ECHOBEE ABSTRACT & TITLE INSURANCE, INC. 207 NW 2ND STRU:o.r OKJ:ECHOME f I!'LOR.IDA 34972 1-863-763-3710 1"111111111 FILE NUN 2005023828 OR BK 00582 PG 045~ SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 11/1~/200S O~:37:14 PM PLCDROIHG FEES 10.00 DEED DOC 0.70 RECORoED BV H ArnDld hRd IDNwnbcn 3-21-37-35-0020-02510-0010 Quitclaim Deed This Quitclaim Deed, Made this day of October MALISSA. N. MORGAN, a married woman ,2005 A.D., Between of 1he COllDIy 01 OKEECBOBBE State 01 F~orida , grantor, aDd A CHILD'S WORLD CBJ:LDCARE and PBESCBOOL, DiC., a F10rida Corporation whole od4Jeu is: 703 SW 6TH STUB':!!, ODECBOBEE, F.L 34974 of the Count)' of OKEECBOBEE s_ of F10rida , grantee. Witnesseth 1bat the GRANTOR. for and in COIlSideralioll of the SllID of ------------------------TEN DOLLARS ($10)----------------------- DO~. aDd o!bet good IIId valllabJe COMideraIioD 10 GIlANTOR in bawl peld by oll.ANTE.E. 1bc rccdPl whmof Is Ilenby actnowledged. bas gr&DUd. harpined IIId qoimWmtd lil ~ said GRANTEE aDd OR.AN1l!P:S hcir,. SIlcCcsaon IlIId usips _Y<<. tbe lbIIowlDg deIcribed 1aIlcI, sil\ll~. lyiDg aDd beiD& in tbe Colmly 01 OKEECBOBEE Slate of Florida 10 wit; LOT 4 ABD THE NORTH 1/2 OF LOT 5, BLOCJt 251, nRST ADDJ:TJ:OK TO OUECBOBD, ACCORDDtG TO 'l'RE PUT 01" FIRST ADPITION TO OKBECHOBEE, FLOIUDA, nICB WAS RECORDED ON THE 14TH DAY 01' APRl:L, 1915, IN PLAT BOOK 2, M PAGB 26, PUBLIC RKCOlU>S OF ST. Lt7CIl!: COUNTY, J'LORIDA, AND A COPY 01' SAID PLAT BEIKG REC01Q)BD IN PLAT BOOK 1, PAGE 11, AND PLAT BOOK 5, PAGE 6, PtJBLIC RECORDS or OKEECBOBEE COUNTY, J'LOlUDA. The property herein conveyed DOES NOT constitute the HOMESTEAD propert:y of the Grantor. Subject to current taxes, easements and restrictions of record. To Have and to Hold the same lDgc1ber with aU and siDguJar the app_es lIIerellftlO beIoagiDg or ill anywise appc:naiDing, and aD the: "laIC, right, nile, interest, lien. equity and claim wba_vcr Cif grAnlilr, eitba- ill law or equil)'. fur die \1&0. beneftt 11I4 proftt of lIIe said grBnr.ee fOJever. In Witness Whereof,dIe granlOr bas hereunto set his haod 11I4 ~ me day and year filS' above wnlten. ered ba our presence: r nead Name~~<> .Ll,o r:::s .~~~ Printed Kame: 6l5V)IiQGD Witness cnt~~ Malissa H. Horgan P.O. Address: 703 SW 6th Street,. Oluecllobee, F1orida34lJn (Seal) STATE OF Florida COUNTY OF Okeechobae The foregoinl iDstnmlelrt was acknowledged be4D1't1 me Ihis 8th day of November ,2005 by ::::~=~::r~:::7:I~E 18idemi'~j D A^^d(,J_~~ 11NDAMAA8 P inted Name~l-.A JAn.rs NoIaIy PuIlIID. SlIIIlt of FloIIda No tary Pub~ic Mf CoIIIllI. ~Ap\l20. 2OIl8 My Commissw.. Expires: No. DD812208 5-35632 t/t.d OeLl'ON '--o--L8LB 89L 898 lJVMlS8V 3380H:l3DO ~Vt8:ll 900l '9 .uef ~ .......""-"._-...~.,-"_..__..~.,,~;..... - n I ~., ': , ~.. ",I'- ~ ~.I/,' . ~~.~~-~j;<':,:~.~. ":':;;;~'~:'" t.~.~. "." .....-.... ... . ......... ....; ,_.f ~-\~~ '1) e; TbIt n~_1 Prepared By u4 IleIuna Ill' T~ w.as OKI!:ZCIlOBI!lB I'IBS'l'RACT " Tl:TLJ: 207 NW 2)iID S'l'RZET OJa:BCJIOBBJC, Ji'LORmA 34972 1-863-76'3-3710 mSU!lJlNO:, INe:. 1~1.1I111111111 FILE HUM 200S0~3829 OR BK 00582 PG 045~ SHAROH ROBERTSOHr CLERJ OF CIRCUIT COURT DKEECHOBEE COUNTY, fL RECORDED 11/1412005 04:37114 1"'11 ~ECORDIHG fEES 10.00 l)EE\) DOC 350.00 RECORDED BY H Arnold ParuI JlH!1llnben 3- 21- 31- 35-0020-02510-0010 Warranty Deed This Indentnre. Made this 12th day of RBONDA DODD, a single woman October . 2005 AD" Between of the Conaty of ODECBOBEE S_ of Flor:l.dA , grantor, and A CBI:J;.D'S WORLD CHXLDCARE and PRESCHOOL, DlC., a 1'10r:l.da COl:pOration wbosb adlbQs is: '103 SW 6TH STREET, OKBECHOPB, FL 34914 of tbb Colllll)' of ODBCHOBEE S_ of Florida . grantee. Witnesseth lhallbe GRANTOR. b IJId iD 0CIII8idetaIi0D oflhfi Sllm of ________________________TZR DOLLARS ($10)----------------------- DO~, wi other aoo4 and va!IIable CODIiderelift 10 GRANTOR in baDd pai4 by OllANTEE, !be reccipI whlnof is bereby 8Qbowledpd. hu ....,.wI, bMplud UId soI4 10 !be AId ORANTEE IDd GllANt'IlR'S heirs, SW:C_ ud -au fotwer. !be followina "-n'boclland. lillAate, !yinSaudbciagilllboColmlyof ODIlCROBBB Stale of Flor1da fAwil: LOT 6 AND TIlE SOUTH 1/2 0" L<n 5, BLOClt 251, FIRST 1lDD:ITION TO OUBCBOBBB, ACCORDDG TO THB PLAT or F:IRST ADDXTXOH TO OItEECHOBBE J"LOlUDA, WSXCH WAS UCORDED ON ~ 14TH DAY OJ' APIl:IL, 1915, m PLAT BOOK 2, AT PAGIl 26, PUBLIC RECORDS OF ST. LUCm COUNTY, J!'LO!UDA, AND A COpy OJ!" SAID PLAT BEmG lUICORDED m PLAT ISOOK 1, PAGB 11, AND PLAi' BOOK 5, PAGE 6, PUBLIC RECoaDS OJ' ODBCBOBEB COUNTY, FLOR.IDA. The property here:l.n conveyed DOES MOT constitute the B~STEAD property or the Granmr. Subject to current eaxes, easementa and restrictions of record. IIld die pIIIIDr does hereby ft)By __I !be titI& II> IIid Iud, IDd will defAmd Ihe same apmot lawtbl claims of all paoGlIS w~e.. In WitDess Whereof,1be an..- hu NmmIO let his babd lIIIll leu 1ho day and yeu IIrsl .bove ~. SiPT ~ delivered In 0." pr-eseoce: .~ \. "^ rtfL ~old. (S~l) Printed N_: (~"H (~#'u' ~. ~..........~~- \.,\,;:inJ I ClJ.9 ."..... ..0....,._..."'" ~:l.nted N...~"W.-b w.<..&ww Wi tn... STATE OF Florida COUNTY OF Okeechobea Tho fiDcaoiu& iDsttumIlnl _ adalowIedged belboe me IlliI 8 th RHONDA. DODD, a single woman day of )fovember . 2005 b) TIHDA IWI8 ~ PubID. sea. Of FlorIda -- QlIIIm.No~ApII20. 2llOI . ......12208 LI1r- ~ 1 ~V\ct1 ;1 / Pr nted N_~: ~ J.(ntVj Noeary Publ:LC My ClJIIIIDialrion 'expires: she is persoDlllIy !mowil ",me 0> .he bel paoducccI her DIUVER.S $-35632 l 'd GUt'ON ta--L8L& E9L E98 lJltM1S81t 3380HJ3HO \'lit IE: II 900 l '9 . u e r ~. i:, ~} ::r - ,,-.' ? <::i 7' .~ L U'-. _v Cl \) \f' ... .'J Y:. !'J W {J ~ - \J \J l) - ti ~ .~ \) V\ I. Lx-"? r ~ U ~q 0 ?o i!/O ~ LO' T 4- ~~t:;1 ~ ""'-~\ ~ N ll..o~ f+ t tz...t71=- ~ f" r; f7L-ec-t:~":; I , --:lOo.o 4-Ol-tjl+ ~-P"f ~ .- ~t71 , ~~ ;-~.:t ",!lI. ~tt", (Ilfl ~ ;p-(Il ~,,\u"; -':1..:L zoo, 0 , ~6 [3~t< -'l..t; I "l '" 7~qO?o\~ol.\H UJo < 0 t C f'"C.( nj -~'\ \ . '- :;;'t" v_ __ I u:J- ~ ~ q:. 20!> -\\ Ii tJ -'-:] .i 0 'J ., "J (J " -'\) ~ ~ ~ '^ "j\ <\ ~ j, ~!"' ~ ~. I ,4 11-. \) /,# - !>~ t-,'t , '1's <, 'J -zoo ,0 ' b '1's !>~ - : '\) ~ t-I n1 '" g z 00 ~ 0 ' C~4.''-l) k1-i T FLOOD ZONE: "X" UNMAPPED SURVEYOR'S CERTIFICATE . . -e- --H- ~ ct FFE PSM R/'J PC Ii. L X 0.00 I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNO'JLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES 'WITH THE MINIMUM TECHNI RDS SET FORTH IN CHAPTER 61-G-17-6 BY THE A BOAR LAND SURVEYORS PURSUANT TO SECTION . 27 FLORI ATUTES, AND THAT THERE ARE NO ABOVE G ENCRO ER THAN SHO'W~. / . /.. BYI DATEI '1/~7{C>7 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #64Z7 FRED 'W. REPASS P.S.H. ~1~Y'( LEGENl)J -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROll -EXISTING 'WIRE FENCE -EXISTING CHAINLINK FENCE -EXISTING 'JOOD FENCE -CENTERLINE -FINISH FLOOR ELEVATION -PROFESSIONAL SURVEYOR AND MAPPER -RIGI;fT-OF-'WAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEVATION /~ W " ../ <.. l.il ill ~ :r () L- () i.) Lll. W \\ :JlU "2 ~ ~ U1 \'-1 ~ :> '^ ~ <( 't ~ it) f-\- \~ ~~ \J I;C1~t>1 -........ "- FIELD 'WORK COMPLETED' 09/22/05 MciNTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878-7568 (office So fo.x) CERTII:'. OF AUTHORIZATION NO. LB7332 ~,., ..:>tu ......~ - :'l-- .~ l..se :.)> . < ~~ef Sw 4th St (II ~ .c:(. L: W s: OJ *. ~. .~ ~ ~ )> ~ (p Gi :; a ..)?)> ~ Qi Sw 5th St Sw 6th St Sw 7th St Sw &'n Ct ah St '---. ~~\.II.8!h\-~!_. __,. m <n ~ J; S~ \Oth.~t LEGAL DESCRIPTION: LOT 4, 5, AND 6, BLOCK 251, FIRST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 702 & 704 SW 7TH AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED VITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON "ERE NOT ABSTRACTED FOR RIGHTS-OF-VAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHO"N HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICA nON OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: A CHILD'S WORLD CHILDCARE AND PRE-SCHOOL, INC. OKEECHOBEE ABSTRACT AND TITLE BIG LAKE NATIONAL BANK AND/OR ITS ASSIGNS AS THEIR INTEREST MAY APPEAR BOUNDARY SURVEY REPARED ON THE ORDER OFI BIG LAKE NATIONAL BANK SCALEI DRAVN BY. FILE NO.. 1'=30' TM'w' 1067 LaRue Plaru1ing & Managelnel1t Services, Inc. e 1375 Ja.on Street, Suite 206 Fort M , Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report Rezoning Request Prepared for: Applicant/Owner: City ofOkeechobee A Child's World Childcare & Preschool, Inc. 06-003-R Petition No. Staff Report Rezoning Request Applicant: A Child's WOrtu Childcare and Preschool, Inc.. Petition No. 06-003-R Applicant/Owner: A Child's World Childcare & Preschool, Inc. Applicant Address: 703 SW 6th Street Okeechobee, F134974 Contact Person Malissa Morgan, President Contact Number: 863-763-5453 General Information Existing Proposed Future Land Use Map Single Family Multi-Family Classification Zoning District RSF-l RMF Use of Property I story wood home Daycare Acreage .688 .688 Location: 702 and 704 SW 7th Ave. Legal Description: Lot 4 and tbe North 1/2 of Lot 5, Block 251, First Addition To Okeechobee, According to the Plat of First Addition to Okeechobee, Florida, Which was recorded on the 14th day of April, 1915, in Plat Book 2, At Page 26, Public Records of St. Lucie County, Florida, and A copy of said Plat being recorded in Plat Book 1, Page 11, and Plat Book 5, Page 6, Public Records of Okeechobee County Florida. Request: The applicant is requesting a rezoning from RSF-l to RMF to expand an existing day care facility. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: RMF Existing Land Use: Daycare East: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: Public School South: Future Land Use Map Classification: Single Family Zoning District: RSF -1 Existing Land Use: Single Family 1 Staff Report Rezoning Request e Applicant: A Child's aid Childcare and Preschool, Inc.. Petition No. 06-G03-R West: Future Land Use Map Classification: Single Family Zoning District: Holding Existing Land Use: Church Summary: The subject property has a single family structure on the site. The RSF-I Zoning and Single Family Future Land Use category are consistent with the existing use. The applicant wants to convert the home into a daycare, thus requiring a RMF Zoning District. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Yes, the proposed use is contrary to the Comprehensive Plan requirements. The subject property is already consistent as it is now and it would be more logical to allow this less intense use to remain. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A daycare center is authorized under the requested RMF Zoning district but only as a special exception use. 3. The proposed use will not have an adverse effect on the public interest. It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest, especially related to potentially increased traffic generation and possible future multi-family uses that could occur. 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. The proposed use is compatible with the existing daycare center to the north (also owned by the applicant) and with the public school directly east of the site. However, the proposed RMF Zoning could be detrimental to the single-family land use patterns in the neighborhood. Additionally, if approved, the RMF Zoning would be an isolated district in a area surrounded by existing single family uses. 2 Staff Report Rezoning Request Applicant: A Child's WOrlu Childeare and Preschool, Ine.. Petition No. 06-003-R 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. Expanding the day care facility at this location could affect or have the appearance of affecting property values in this residential neighborhood. The proposed zoning appears to set a precedent that, if followed by other nearby properties, could reduce affordable single family home sites. 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 use can be buffered with landscaping if required at the site plan review phase, but traffic impacts are difficult to mitigate. Therefore, it is difficult to guarantee that any nuisance from the proposed use or any future use can be reduced to acceptable levels. 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 will not cause any increase in demand to schools or utilities services. But, future multi-family uses that could be allowed on the site might cause. As stated earlier, traffic impacts will be negative as there could be an increase in the flow of traffic on the surrounding roadways. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Yes, traffic increases on SW 7th Avenue and SW 6th Street could affect public safety. If the applicant's request is approved, a traffic impact analysis will be required at the site plan review phase. Also, a drainage plan would need to be submitted to show that the site will have adequate drainage flow and retention prior to operation of the facility. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. At this time, the only restrictions being placed on the property are those which are set forth in the Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be interpreted as a special favor to an individual owner. .., .) Staff Report Rezoning Request e Applicant: A Child's aid Childcare and Preschool, Incn Petition No. 06-003-R Summary and Conclusions Prior to Certification The proposed zoning appears to be inconsistent with the Comprehensive Plan, the Future Land Use Map, and the Zoning Map. Attached to this report is a copy of the Official Zoning Map indicating the location of the subject property. Recommendation Based on the above zoning criteria not heing met, Staff does not recommend for approval of the request to allow rezoning from RSF-l to RMF permitting the applicant to operate the existing single family structure as a daycare facility. Submitted by: James G. LaRue, AICP Planning Consultant February 17, 2006 4 , - I LaRlle Plall1litlg & "'-" Mallagelnellt Selvices., rllC. "'-" ~- ~\a'CW\~+- ~ Cb rre cfe4 Co . 1375 Ja<An Street, Suite 206 Fort My~Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(cl!att.net Staff Report Rezoning Request Prepared fOr: Applicant/Owner: Petition No. City ofOkeechobee Ben & Laura Sims 06-004-R Staff Report Rezoning Request e e Applicant: Ben & Laura Sims. Petition No. 06-004-R General Information A licant/Owner: Ap licant Address: Ben & Laura Sims 5001 SE 43rd Trace Okeechobee, FI 34974 863-467-4768 Vikki Aaron Phone Number: Contact Person Existing Proposed Future Land Use Map Classification Zonin District Use of Property Single Family Commercial RMF Single Family Residence Acreage 0.3271 CLT Commercial-Professional accountin office 0.3271 Legal Description: Lots 5 and 6, Block 205, First addition to Okeechobee, Florida, according to the Plat thereof recorded in Plat Book 1, Page 11, and Plat Book 5, Page 6, Public Records Okeechobee County, Florida. Request: The applicants request a rezoning from RMF to CL T to allow an accounting office on the subject property Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Vacant residential East: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family Residence South: Future Land Use Map Classification: Single Family Zoning District: RMF Existing Land Use: Single Family Residence West: Future Land Use Map Classification: Commercial Zoning District: CBD Existing Land Use: Hotel 1 Staff Report Rezoning Request e e Applicant: Ben & Laura Sims. Petition No. 06-004-R Summary: The subject property contains a residential structure. Additionally, the applicant is requesting to amend the Future Land Use Map from Single-Family to Commercial to allow an accounting office. The surrounding block of the subject parcel is a single- family neighborhood and a commercial office would be out of place. There is adequate commercial nearby and it is not necessary to further encroach in a new residential area. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning and use are inconsistent with the Comprehensive Plan 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The use being requested is authorized under the CL T Zoning District as a permitted use. 3. The proposed use will not have an adverse effect on the public interest. It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. 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. The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Permitted uses such as those allowed in the CL T Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. 2 e e Applicant: Ben & Laura Sims. Petition No. 06-004-R Staff Report Rezoning Request 6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If granted, the use may be required to be buffered from the residential 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 and CL T Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public sqfety. The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be interpreted as a special favor to an individual owner. Summary and Conclusions Prior to Certification The proposed zoning and use appears to be inconsistent with the Comprehensive Plan. Recommendation Staff does not recommend for approval of the request to allow rezoning from RMF to CL T permitting the applicant to operate an accounting office at this location. Submitted by: James G. LaRue, AICP Planning Consultant February 17, 2006 3 .. City ot~e~iobee :~-( General ServIces Department 55 S.E. 3rd Avenue; Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, exL 218 Fax: (863) 763-1686 Date: I 30 I ()~ Fee Paid: 5DO. DO 1st Hearing: Petition No. OL, -ooi.f-f\ Jmisdiction: P f) .... c.e..... 2nd Hearing: Notices Mailed: Name ofpro.perty o.wner(s): Ben and Laura Sims 5001 SE 43rd Trace Okeechobee FL 34974 Name o.f applicant(s) if other than owner (state relatio.nship): Not appl i ~at>le2 Applicant mailing address: Name of contact person (staterelationsbip): Vikki Aaron - agent Fax: 467-4618 \,1/ Property address I directions to property: 203 SE 2nd Avenue Indicate current use of property: Vacant residential Descn'be improvements an property, including numberltype af dwellings and whether occupied (if none. so state): Single family residence 1,882 S.F. Storage building 1,566 S.F. Approximate number af acres: 0 _ 3271 ac. Is property in a platted subdivision? Yes Is there a current ar recent use af the praperty that islwas a vio.lation af co.rmty ardinance'! If sa. descnbe: No Have there been. aJlY land use applicatians cancerning all or part o.f this property. in.the last year? If so~ indicate date. nature and applicant's name: No Is a sale subject to. this application being granted? No Is the subject parcel yaur total haldings at that locatian? If no.t. descnbe the remaining ar intended uses: Yes Descn1>e adjoining land uses I improvements to. the Narth: Vacant residential South: Single family East: Single family West:Cormn. & S.F. Existing zaning: RMF Future Land Use classificatio.n: SF Actio.ns Requested: CD Rezone L) Special Exceptio.n L-) Variance Parcel Identification Number: 3-21-37-35-0020-02050-0050 I hereby certify that the info.rmatian in this applicatian is carrect.. The infarmation included in this application is for use by the City o.fOkeechabee in processing my request. False or misleading informatian may be punishable by a fine o.fup to. $50 .00 and . . a e. t C?,.fup to 30 days and may result in the summary denial of this application. ~ Laura K. Sims Printed Name P>~ C ~ ~;--r-^-' (rev. 1/03) December 28, 2005 Date ;...l% rO(." Page 1 o.f 2 Current zoning classification: RMF Requested zoning classification : CL T What is your desired permitted use under the proposed classification: Commercial professional office (accounting office) If granted, will the new zone be contiguous with alike zone? Yes. There are commercial uses in the general area. 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, descnoe: Why would granting your request be in the best interest of the area and residents? . Ifbusiness, briefly descn1>e natlrre including nmnber of employees, hours, noise generation and activities to be conducted outside of a building: Descnoe Variance sought: Descnoe physical characteristic of property that makes variance necessary: Did you cause or contnoute to the .characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 e e Application for a Change in Zoning Ben and Laura Sims Applicants Owners and Applicants Applicants Statement of Interest in the Property Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. The applicants wish to establish a commercial professional office for an accounting firm for their own use. * J/ /P,t1tJ "J),oe. I, 785, "0 1IIIIIIIf'""'OIIIIIIlfl This DocurnOllI Prepared By and llctum to: CONELY Iii CO~Y. P.A. TOM W. CONBLY. XXX 401 N.lI'. I>TB STQBT P.O. DRAWBR 131>7 OKBBCHOBBB, PL 34973-1367 FILE NUn 2005020633 OR BK 00577 PG 1026 SHARON RO~ERTSOH, CLERK OF CIRCUIT COURT OKEECHDBEE COUNTY, FL RECORDED 09/27/2005 12:53:38 PM RECQRI)ING FEES 10.00 DEED DOC 1.785.00 RECORDED BY L Rucks ParctllDNumber: 3 -21-37 -35-0020-02050-0050 Warranty Deed This Indenture, Made this 26th day of September . 2005 A.D.. NATHAN G. ALLEN, SR. and ELIZABETH TAYLOR, husband and wife Between of Ihe CQunty of Lewis , Slate of Tennessee BENNIE C. SJ:HS and LAURA K. SIMS, his wife . grantors. and wbo;sc address is: 5001 BE -43rd Trace, Okeechobee, FL 34974 of the County of Okeechqbee SIBle of F10rida , grantees. Witnesseth thal1haGRANToRs. for aDd iIlconsi<femliotrofll"..umof ---------~--------------TEN DOLLARS ($10)---------------------~- DOUA~, and other good and valuable considendion to GRANTO~ ill hand paid by GRANTEES, lbc n:ceipt wh=o/" is bereby acknowledged. have granlEd. barpiDed and sold ID !be said GRANTEES aDd GRAN1'EES" hci!s. SlJCCCSSllTS and assigas forever, the following desI;ribed land. silllalC, lyingandbeingullbeCQuntyof Okeechobee Slaleof n-orida. tawil: Lots 5 and 6, BIQck 205, FIRST ADDITION TO OKEECHOBEE, FLORmA, according to the p1at thereof recorded in P1at Book 1, Page 11 and PJ.at Book 5, Pag. 6, public records Okeechobee County, FJ.orida. ALSO: BEGINNXNG at the intersection' of SE 2nd Avenue (f/k/a Ta~J.ahassee Street) and SE 2nd Street (flk/a Seventh Street) run South a10ng the East border of S~ 2nd Avenue (f/k/a TaJ.J.ahassee Street) to Lot 6 of Block 205, FIRST ADDITION TO OKEECHOBEE FLORIDAJ thence Northeasterly aJ.ong the West side of Lots 5 and 6 of said BJ.ock 205 to the South boundary of SE 2nd Street (f/k/a seventh atreet)J thence West along the South border of -SE 2nd street(f/~/a Seventh Street;) to the POINT OF BEGINNING. Lying in and camprisi~g a portion of Section 22, Township 37 South, Range 35 East, Okeechobee County, FJ.orida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and t~es subsequent to December 31st, 2004. and 1ha gran1O<S do hereby f1IIly _"I 1ha title to said land. and will 4efend the same Jlpimst lawfirl claims of aD pcmms wboms<>c:vcr. In Witness Whereof, \be granlOIS have hereunto sel their hands aDd seals 1ha day and year first above written. Signed, sealed and deUvered in our presence: , 'al~ J~m'1 EVA MAE Y Witness .~ ~.tu STATE OF FLORIDA COUNTY OF OKEECHOBEE 'The foregllin& inslnIment was ada1ow1cdged before me this 26th d&y of Se.pt$llber NATHAN G. ALLEN, SR. and ELIZABETH TAYLOR, husband and wife -7l~r~~~(SeaI) NATJiAN Q. ALLEN, BR. P.O. Address: Pest omce Bolt 84, Hobeuwa1d, TN 38461 EL~~~~;:jaV~ --' {Seal} P.O. Add....., Post OJlh:e Box.... HObeD_Id, TN 38461 . 2005 by .EYAfAAE CONaV ~11lD365751 EXI'II'IEl" o-lIla< 12, 2lXB ---........- driver I s 1icense ..identification. , 'l12~{- ~A'JJ~ EV: MAE CO ;Y Notary Public My Commission Expites: 12/12/08 wlloarepcrsonaUykDown romc or wbo.bavepmdoced their F10rida ALLEN&TAYLO-SDI I..cJ'Ga\cnUldbyODisJbySylltml.Int-.2OOl (I6l)76J-5S55 FonDFLWD-1 NCC ""'_,,"x_ ,,_,.....~,.~, "~_*,................."'i~,_.~"._.,,.".._.'_,."'"_.,. ~_""~~'" "~-".,"~~. - ",,,,,~ ,~ e e Application for a Change in Zoning Ben and Laura Sims Statement of Special Reasons and Basis for Request Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. F The property is currently zoned RMB and lies within the Single Family future land use classification of the adopted comprehensive plan. The applicants wish to establish a commercial professional office for an accounting firm. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. The applicants respectfully request that the Planning Board recommend that the City Council approve the request for a change in zoning from the existing classification of Residential Multi Family to CommercialžLight. Application for a Change in Zoning Ben and Laura Sims Intended Use, Nature of Activities and Development of Property Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florid~ according to the plat thereof recorded in Plat Book 1, Page 1 and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. The applicants wish to establish a commercial professional office for an accounting firm. The existing single family residence will be remodeled to accommodate the new use. The existing storage building will continue to be used as storage. In accordance with city regulations, a small scale map amendment and a change in zoning will be required. The applicants also intend to install a privacy fence along the easterly property line adjoining existing residential uses. The applicants are proposing paved parking areas and landscaping. e e Application for a Change in Zoning Ben and Laura Sims Existing Use of Surrounding Properties Ben and Laura Sims currently own Lots 5 and 6, Block 205, First Addition to Okeechobee, Florida, according to the plat thereof recorded in Plat Book 1, Page I and Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. The property is located at 203 SE 2nd Avenue. To the North of the subject property is vacant commercial property. Further north are a variety of commercial uses. To the West of the subject property is a hotel, vacant commercial property and a single family residence. To the South and the East of the subject property IS residential development. .-; I :/'t~l-l '(;:-"'}..cJ' .if -t,o, )< 1>-.0 0 \ ~lJc> 0, '/0' <; <.,0 \ .L.'S. .' .~ ., .._ -+ x o <;\' .~. ? T l.\.... '0. "- ~ / , J.,Y) ~ "" " c,O. ~ "'-.., ><. ':, /,~\ . 1.1\ .., '" ~. \- \1\. ","1 ",1\1 'l .(;1,... '0 ~()I' -r {,D' ~' ," . J.. \- .J- W ,b~ ~4_~ ;, 41' 'l" ~o' l4u. \. . , '4 ""-J 4' ~ ~ ^,'V ) ~O. /< X /0"0\ ....,.. k\ ._-.... = ~ /\ .~Ot'? ~ ~\ r- ., '\. """'- ~ i) ~ ~ t:r ",0 .::J '/(.'V (0' _ 1.0- '1 ti....,. ~ \' C.fl'.El-.4q.b~ ~o 1..0'- \ . ) ; --~- - -/.-- ---- -j-- J1-JV4~ INv48.1,}~ ( '. C^-r.:;.~ 'BAC; IN I 17Ulc..H Ill. . ytp-!t-K ~ t',p':' ~L:~t),o~1 ~\', INy ~, I ~-- ~'~~~ ,// It-Jv, 4/.~~ .L ~j ~ ". /1 ,,\ X l(" " '" +-- . ~"" 9-1 i 1)/' ~ 0' (.,D' ?c..17 L f'ov 1-('0 f" lC: ct.'-l) . lr1,\" FLOOD ZONE: "Xn UNMAPPED .- ----.. SURVEYOR'S CERTIFICATE or.. ft", .. /\~\ '7 & 0 CJ t? 0 (/ I ~l '1 'I'> , .-.......-- - --~_._- '.~---*- ._---";::---;-:< '" ./ \.\ L x ~ -------- -- _ 01 c; ~COC,!( . / 'Z-Ot7 "'( - ::11",. \.11 . I ~"""'lb. . t'"1~bL. . J, 7~h;~{2.f;::VIro.h._~_-,-,. ; ! /." -z."l. ?- : CC>V'l1Z-i:.t' I - . I .r,";. ~" .. ", I"- ~:~'\i;t[R~V~ ~ I c)~" I ~rl 4\1 "-" '~" '" kt-G, '", '..'.. I ,b '? \" l( l>~ ' '\ "" x '1 ' /0'1) ><? ' , \ ~ ;...J) i ...1./ O;.rJ,\ 4'"'. I i < I' (~ J :!i-I {J . ~. "J, J" 1~1' j (j; /\ , ~'; .(. .; " I w j t-:-I .6,\ , FOR RIGHTS-OF-\JAY, EASEMENTS, DR O\.lNERSHIP, j ~. 3. LAND DESCRIPTION HEREON \JAS PROVIDED BY I - /01," THE CLIENT. 1 \ ~ i - 4. BEARINGS SHo\JN HEREON ARE BASED ON THE . ~ CENTERLINE. . j J 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, DR ANY OTHER UTILITIES \.JITHoUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHO\JN HEREON ARE BASED UPON N.G. V.D, 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE, 8. DIMENSIONS PREVAIL OVER SCALE. "''':. ~ /\.~ /\, " I / ")" ~' 14'Z- ,0' v-Yc-~l', I J '" I-:- -k-.,~ .'( 1 / \ \0 f ' {) 'i , i I \ .{ "- :\ " Crt<1fl-f ~ ~1 l- I _ t" \'J\..,' ?f7<=; , 1.1...., <7Ct7 '\ -C). :~ fr..12\.~\~ t~ Q! : r7G:~I.r7~UC('\ ., ~F "ill '2- ~ ~ ~ ! j \ t / \ 1... t., t' ' 1-0<- -s\ , x 0(, (.\. I X I 1 rL-- tJ <7 F "to-, '? 1'- ( O."7'Z. 71 A.c.rz.~S) '].6,0 4 \ ,'L,o "'I '% "- "" ~ > -~ () , -.l- , I L I .f':t:~Ll7 I 7"!?'f-( !,.-, C?D 17 'f 12.p.. J.J)~ 1Q;: ",?w!:Q 'C~ F.f' r;?-."1 'Z- - I . :,r) ~ , \ ) / t-J )( r; 1,.1 ~ - t 'll ./\ \11 '" ",It'1 t>l '1 I '''f I 14'Z-,t7 I ( r-c1!', T) ~\\'o ;,;~.1.\ J....t t2t7" tJG7 00" ~ )'~O.i\ J(t.;\.oa 10," ~ e.. / '2- ~11? A"" ~ l! U f, c: -r A L L-.A ~. i D. <S . f t.: ~ ,} , " ~'\:/..-<7 ~ \, (>0 ./ t>" ^ '),. o . C, \,\ I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNO'WLEDGE AND BELIEF AS SURVEYED IN THE fIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES walTH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61-6-17-6 BY THE FlORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 FLORIDA' STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROACHMENTS OTHER THAN SHO\.lN. BY, . .----- ~ -=> DATE. (1-30"'0J P~AL SURVEYOR AND MAPPER - FLORIDA REGISTRATION #6427 FRED \/. REPASS PeS.H. .. . -e- -M- ~ It FFE PSM R/\/ PC A L X 0.00 50r~~ So.~~ (057 1< .... \ ,0 \ )<7 i:\ ; . \j '~ .r \.04 .^ 7 <>~ xt7lJ. ~ ~ ; ,\)'-' rt"! ) ~\,o~ ,,~11 )( ~\,~. t;P /\~ ~\ , ~p A '7 ... Oil ., \. ~~,Ok o,'l>O <;0,1 to LEGEND. -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD -EXISTING 'JIRE. FENCE -EXISTING CHAINLINK FENCE -EXISTING 'JOOD FENCE -CENTER lINE . -FINISH FLOOR ELEVATION -PROFESSIONAL SURVEYOR AND MAPPER -RIGHT -OF -\JAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEVATION FIELD 'WORK COMPlETED. 09/20/05 MciNTOSH AND ASSOCIATES SURVEYING & MAPPING 325 S\.I SOUTH QUICK CIRCLE PORT ST. LUCIE. FLORIDA 34953 (772)878-7568 CoPPIce & Fa.x) CERTIF. OF AUTHORIZATION NO. lB7332 (,\P~ X' , ~". '117 " . ~ 1.:., X 1\ So, \ j i , J Si ~ ~ ~ ~ 5'.' ~ '" ~ ::r ::T 3- 'too 'too 1> g: "- <: ::r .., 1l', <f> 1> (/) '" ~ <f> ~ ::T 1> '" r3rd Sf <f> ".; ~g a>~~~q, l\)~ ~W.!:OlQt 5.< n.a.~=:;'::r- 'tooQ) l>:l'>)>:l'>)> ;t, ai~ai~ai ~ oOkeechob@@ I\) ::J a. ')> '", II:> a> ;::; ::r )> '" .,~ Seind St Se3rd St 8 ~ ~ en ::r ~ ........ cD ~ ~ <' > ~_ \I) <:( ~ en ~ 5'.' ~? LEGAL DESCRIPTION: SEE ATTACHED SHEET " ADDRESS: 203 SE 2ND AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED \.lITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHO\JN HEREON \JERE NOT ABSTRACTED CERTIFIED TO: BENNIE C. SIMS LAURA K. SIMS BIG LAKE NATIONAL BANK CONELY & CONELY. PA CHICAGO TITLE INSURANCE COMPANY BOUNDARY SURVEY REPARED ON THE ORDER OF, BIG LAKE NATIONAl BANK SCALE. 1'=20' DRAVN BY, FILE NO.. 1058 TM\.J ~ ~ ~ ~ <.i I E :c ~ 11. 10 --' ~ ~ Q; 1 II> II> 2 .. ::E ~ q: 0: '<t 10 0 '" - r-: ~ 10 I 0 I 0 N in N r ~ ~ 1'-- ~ )( ~ ~ ~ ~ ~ cii ~ .., I u: w ;; a:: l ~ I :2 I ii) ~ @ 2005 U3fH Ine. :::> I ] :5 ~ Q; II> II> :;) $ REVISIONS iri 'K. I I I -~ -- I I SCALE: 1 "=20' I I I I I 0 I 0 0 0 I .-I ..-.. 0 I <( 0 ~ 0:: l- I 0 0:: 0 0 ......... I 0 >- 0 w 0 -I 0 -I I 0 <( [I) in I I I I L__ S90000'00"W 142.50' _,,__,,_~:<_ _)<__",__,,__"__:lI___~__,,__,,__"__l<_ -;>.- -,,--1< _I<__"'__)l__~__ -"'--,--,,--"'--"- o o o o .-I ;------r--------- I I ! I I I 1 I ! I I ~g:~:f?E I I I I I I . I I_____...l._________ EXISTING 2-STORY BUILDING 1,566 SQ. FT. f;z;:l o o o o o o o Z -----------------------, I I I I I I I I .--.--.__._ _.__.__.__.__.___.__.__.__.__._---L____ .--_J I EXISTING BUILDING II I 1,882 SQ. FT. I I I I I I I L------l I I, IJ I I I I L____---...L-.- _.__.__.__. N90DOO'00"E i : ! L__J 142.50' VERIFY SCALE I!fhc. CONSULTING CIVIL ENGINEERS. , .- Dot., , 2/2/2005 BAR IS EQUAL TO ONE SURVEYORS ~ MAPPERS Sca)e; "JUTtnaTS For Results. _gn By-~ INCH ON ORIGINAL DRAWING Value By Design" Dr-ownBy..~ 0 1 421 N.W. 3rd Street, Okeechobee, FI 34972 Chocl< By-~ ADJUST ALL SCALED (863) 763-8999 Fox: (863) 763- 6692 DIMENSIONS ACCORDINGLY BPR & FBPE Ucense No: 959 www.lbfh.com [ ] -------- #### #### LBFH PROJECT No: #### SHEET #### ---~"""-,- #### #### #III ##1/1