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2006-10-19 / I cr CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING . . OCTOBER 19, 2006 SUMMARY OF BOARD ACTION >- I I. CA1.,L TO ORDER - Chairperson. Planning BoardIBoard of Adjustment and Appeals, October 19, 2006, 6:00 p.m. I II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Carol Johns Board Member Devin Max well Board Member Douglas McCoy Alternate Epifalllo Juarez Alternate Mike O'Connor Attorney John R. Cook Planner Jim LaRue Secretary Betty J. Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment Action for the September 21, 2006 regular meeting. I IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Chairperson Ledferd called the October 19, 2006 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Absent (With consent) Present (Entered Chambers at 6:07 pm.) Present Pre<,ent (Moved to voting po<,itioIl) Present (Moved to voting position temporarily) Present Present Present Board Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the September 21, 2006 regular meeting; seconded by Board Member Hoover. LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER-YEA KELLER - YEA O'CONNOR - YEA BURROUGHS-YEA MAXWELL - ABSENT MOTION CARRIED. Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today's agenda. There were none ;20 October 19, 2006 Planning BoardIBoard of Adjustment and Appeals - Pa e 2 of 10 V. OPEN PUBLIC HEARING - Chairperson A. Comprehensive Plan Map Amendment Petition No. 06-012-SSA - City Planning Consultant. 1. Motion to remove Comprehensive Plan Map Amendment Petition No. 06-012-SSA from the table. 2. V ote on motion. 3. COIl<,ider Comprehemive Plan Map Amendment Petition No. 06- o 12-SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi-Family (MF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consul- tant. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Consider Comprehensive Plan Map Amendment Petition No. 06-012-SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi-Family (MF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Board Member Hoover moved to remove Comprehensive Plan Map Amendment Petition No. 06-012- SSA from the table; seconded by Board member McCoy. LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER - YEA KELLER - YEA O'CONNOR - YEA BURROUGHS-YEA MAXWELL - ABSENT MOTION CARRIED. Planning Staff Report Summary: A. Comprehensive Plan Analysis: A<, propo<,cd. the applicant':-. . request is not consistent with the Multi-Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi-Family residential use at this time. Nearby vacant Multi-Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions: This application and its appearance before the Council and the LP A was duly noticed for the public in accordance with the note requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use map from Single-Family to Multi-Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. /2-; October 19, 2006 Planing BoardIBoard of Adjustment and Appeals - Page 3 of 10 v. PUBLIC HEARING CONTINUED. I A.3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, continued. Mr. Haynes Williams spoke on behalf of Mr. AItobello. Mr. Williams told the Board that due to surgery Mr. Altobello would not be present for this meeting. Mr. LaRue reported that this application is allowed based on size of property. This petition was first heard in May and withdrawn. The applicant as instructed by Mr. LaRue was looking at submitting this petition in a different direction. Upon further investigation it was decided by the applicant and developers of the property to proceed with the Comprehensive Plan Amendment as submitted. Mr. LaRue expressed concern about the traffic that would be generated by this development. The property from the South, North and West are Single Family. There is some concern regarding historical perspective to preserve Single Family. Department of Community Affairs, (DCA) states that Okeechobee City is projecting a larger population than is predicted by the State of Florida census. I Board Member Burroughs inquired about the waste water capacity for the development. Mr. LaRue c,tated that no plan was submittcd by the applicant tor waste water. Board Mcmber Burroughs asked whether the expansion of the waste water plant was in line with thc dcvelopment? Eric Engslrom. Chief Financial Officer for Royal Professional Buildcrs rcplied that they are working with Okeechobee Utility Authority (OUA) on this matter, they have not signed a Developers Agreement, but they will be participating at the OUA November 7,2006 meeting. Board Member McCoy asked Mr. LaRue whether there were any problems with DCA regarding the two Small Scale Comprehensive Plan Future Land Use Map Amendments that were submitted by Mr. AItobello one being contiguous to this property? Mr. LaRue replied that it has been a year since the last application was submitted and processed, and since Okeechobee was in an area of Rural Economic Concern, as appointed by Governor Bush, Small Scale Comprehensive Plan Future Land Use Map Amendment can cover up to 20 acres. This petition is clearly not a violation. I Mr. Ledferd wanted to know why a traffic study is not part of the application for petition, since it is such a critical part of the equation. Mr. LaRue answered that the Board would see a complete Staff Report when this issue is required at application time. Board Member Burroughs said that it would be more applicable when we have that concurring aspect up front, in the future should we have concurrency reports from the applicant when they submit an application? / ')..,'L October 19, 2006 - Plannin BoardIBoard of Ad.ustment and A eals - Page 4 of 10 v. PUBLIC HEARING CONTINUED. A.3. Comprehensive Plan Map Amendment Petition No.06-012-SSA, continued. Jeff Sumner, representative of LBFH Engineering thanked Mr. LaRue for his tireless work to make a Planned Unit Development District (PUD) zoning fit this project. Unfortunately, PUD is in the Single Family category and will not work for this application. This development needs to provide Multi-Family housing. This project is to house the employees of the Royal Concrete Company that is being constructed on Highway 98 North. The company anticipates opening the plant during the second quarter of 2007, with the initial work force of 500 employees, coming mainly from the Palm Beach area. Within five years the work force is predicted to be at 1,300 to 1,500 employees. The developers have looked over the entire area of Okeechobee and found no affordable housing for the employees, this development will provide that affordable housing. Mr. Sumner also reported that a traffic study has been commissioned to include these parcels and the ten acres to the South. The developer is aware of the costs of accommodating traffic created by the development. We are not building this with the thought of "If we build this will they come." This is being build to accommodate the future employees of the Royal Concrete Plant. Mr. Sumner also said that the developers are willing to meet \vith Superintendent of Schools. Mrs. Cooper to discuss impact on the school <,ystcrn. The proximity of an elementary school to the project is a favorable point. Mr. LaRue told the Board that from a timing stand point, phase one needs to move along with the building of the Concrete Plant. The Traffic analysis will be available within one to two weeks. Board Member Burroughs asked about the phasing process. Last year phase one and this one phase two? Mr. Sumner replied that the rough date of phase one was several months away. We are working on permits. There are no wet lands on phase one. We could have 90 units in Phase one, but there will be only 74 units due to retention ponds. Phase two will have 76 units and Phase three there will be 52 units. The Concrete Plant will produce the material needed to build the housing for the development. Board Member Maxwell asked Mr. Engstrom whether the housing would be for lease or sale, and would it be available for the general public? Mr. Engstrom replied that they did not know for sure, but that the current goal was to accommodate employees only. He did state that it would not have deed restrictions. And there will be a property manager. /z3 October 19,2006 - Planning BoardIBoard of Adjustments and Appeals - Page 5 of 10 V. PUBLIC HEARING CONTINUED. I A.3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, continued. I B. Rezoning Application No. 06-010-R - City Planning Consultant. 1. Motion to remove Rezoning Application No. 06-010-R from the table. I Mr. Climaco Cardenas, Royal Architect and Design Of Urban Designer Planning explained to the Board the relationship of the plant and the housing development. These two entities are only one mile apart. We want to focus on quality of life. Employees who live in the development could ride their bicycles to work. The design of the housing is going to DCA for approval. We are also going to produce modular town homes. The plant can produce 4,000 units a year. Board Member Juarez inquired of the cost of the units. Mr. Cardenas said it was a good incentive to the employees. Our goal is not to make a profit from the employees. We are trying to provide quality. Chairperson Ledferd asked whether there were any further discussion. There was none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Petition No. 06-0 12-SSA consistent with the Comprehensive Plan, and recommend to approve to City Council; seconded by Board Member O'Connor. (See notation at the end of the minutes, Page 10 of 10) LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER - YEA KELLER - YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA Rezoning Application No. 06-010- R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records .of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Board member Hoover moved to remove Rezoning Petition No. 06-010-R from the table; seconded by Board Member Burroughs. /2-,-/ October 19, 2006 - Planning BoardIBoard of Adjustments and Appeals - Page 6 of 10 V. PUBLIC HEARING CONTINUED. B. 2. V ote on motion. 3. Consider Rezoning Application No. 06-01O-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East. Okeechobee County, Florida. - Planning Consul- tan l. LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER - YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA Staff Report 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi-Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi-family housing, however, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the S ingle- Family Future Land Use category classification and have development limited to Single-Family residences. 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood seems to rcflect a low level of residential intensity especially to the West of this propel1y. ResidcIltial Multi-Family dwcllings especially on the westcrn side of this property would bc inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Mull i. Family. could cause more rezonings in this single-family area. 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 the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be if this area was intensified to Multi-Family. Previously, it was thought that this parcel would be combined with the area to the east, now it seems to be a stand alone project. 5. The proposed use could adversely affect living conditions of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If granted, buffering would be determined during the site plan review phase. 7. The proposed application if granted could overburden water, sewer, schools, and streets unless the impacts are fully planned for. 8. Traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege if approved without full analysis. October 19, 2006 - Planning BoardIBoard of Adjustments and A /z6 I I I v. PUBLIC HEARING CONTINUED. . B. 3. Rezoning Application No. 06-01O-R continued. QUASI-JUDICIAL c. Consider Special Exception Petition No. 06-011-SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott A venue and 1307 North Parrott Avenue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). - Planning Consultant. Recommendation: Staff recommends denial of the request to allow rezoning from Holding to RMF but if the Future Land Use is recommended to change to multi-family staff would recommend a rezoning to PUD rather than the RMF zoning district. Mr. LaRue said that he would work with the applicant for a PUD Zoning to develop Multi-Family and Single Family, with four units per acre. This would have more in terms of street frontage, more open space, and less density. Board Member Hoover asked whether all present was in favor of that? The Board and the Developers concurred. Mr. Ledferd asked whether there were an comments from the public. There were none. Board Member Burroughs moved to find Rezoning Petition No. 06-010- R consistent with Comprehensive Plan and recommended the Planned Unit Development District Zoning to the City Council; seconded by Board Member Juarez. LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER - YEA KELLER-YEA MOTION CARRIED. BlJRROUGHS-YEA MAXWELL - YEA Consider Special Exception Petition No. 06-011-SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). Staff Report: A. The subject property has a Future Land Use classification of Commercial which allows the commercial activities being requested by the applicant. Therefore, the proposed use is not contrary to the Comprehensive Plan. B. Section 90- 283 (4) of the City's Land Development Code allows enclosed warehouse and storage as a special exception use within the CHV Zoning District. C. The proposed use will not have an adverse effect on the public interest. /~(P October 19, 2006 - Planning BoardIBoard of Adjustments and A eaIs - Page 8 of 10 V. PUBLIC HEARING CONTINUED. . A. Special Exception Petition No. 06-0 11-SE, continued. D. The use is appropriate and compatible with adjacent uses. It should be determined whether or not parking should be separated as there are two buildings on the property and both are being used for retail business and enclosed storage. E. Property values or living conditions will not be affected by allowing the applicant to use this subject property as retail business and enclosed warehouse and storage. F. Because this property is already developed buffering may not be necessary. G. Density is not an issue for this case. H. Public safety will no be an issue for this case. Staff recommends approval of Petition No. 06-0 II-SE based on findings contained within the report. Mr. LaRue stated in terms of the request that there is a need for this petition. Some tenants would like to use the space as an office. He said that would not be problem. Parking will be separate issue when the Occupational License is issued. Chairperson Ledferd asked whether there were questions. There were nonc. Board Member Hoover movcd to approve Special Exception No. 06-011.SE to allow all enclosed warehouse and storage within a Heavy Commercial Zoning District (CHV), Lots 4-6 and Lot 26 of Block 3, City ofOkeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s); seconded by Board Member Burroughs. LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER - YEA KELLER - YEA MOTION CARRIED. BURROUGHS - YEA MAXWELL - YEA CLOSE PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD CLOSED PUBLIC HEARING AT 6:50 P.M. I I I VI. NEW BUSINESS. A. Consider an Ordinance to amend Ordinance No. 716, Land Develop- ment Regulations, Particularly Article III, Division 8, Section 90-253 Special Exception Uses, and Section 90-512 Space Regulations; provid- ing for an effective date. - City Planning Consultant. 1. Further discussion of Off-Street Parking requirements. - City Planning Consultant. October 19, 2006 - Planning BoardIBoard of Adjustments and A Mr. LaRue questioned the Board whether there had been a motion at the last meeting concerning this Ordinance? The Board replied that there was not a motion, that they had requested Mr. LaRue to add additional verbage to broaden the scope of regulations. Mr. LaRue again presented the proposed ordinance as was previously written. Board Member Hoover asked whether this Ordinance was for new restaurant owners? Mr. LaRue said that it would be the same for new or existing. Board Member Hoover also inquired, whether this ordinance would cover an increase in the customer area? Mr. LaRue replied that the parking only pertains to the customer area, not the areas where customers are not permitted, one per 75 square feet of customer service area. Mr. LaRue also stated that this should be more that adequate to accommodate parking. Where there is a building that cannot meet the requirements they will have to obtain a Special Exception. The rules are not that bad, some people just do not want to comply. Board Member Maxwell restated that he believes the ordinance should be clearer. Attorney Cook interjected that this ordinance is generic enough to cover all commcrcial uses. Board Member Maxwell asked whether this ordinance covered all applications? Mr. LaRue answered yes. Attorney Cook said that is is only a recommendation to the City Council, that have the authority and the option to change any part of the ordinance. Mr. LaRue suggested that in the future the City may need a City parking lot. Chairperson Ledferd asked whether there was any further discussion. There was none. Board Member Maxwell moved to recommend to City Council to amend Ordinance No. 716 Land Development Regulations, particularly Article ill, Division 8, Section 90-253 Special Exception Uses, and Section 90-512 Space Regulations; providing for an effective date; seconded by Board Member Burroughs. LEDFERD - YEA McCOY - YEA JUAREZ - YEA VOTE HOOVER - YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA !.zg October 19, 2006 - Planning BoardIBoard of Adjustments and Appeals - Page 10 of 10 '- B. Consider an LDR Amendment regarding Section 90-486 Special Excep- tion for Semitrailers and Commercial Vehicles within Residential Zoning Districts. - City Attorney VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any deci,j(\n made by the Planning Board!Board of AdlU\!ment and Appeals with le,pect to any matter considered at thl:, pl\lceeding. such Intere,led 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 Depart- ment. ~ ~. William Ledferd, A TES1,',;-.,/) .~ ,. ", '//" . -t- , ," /u,-,/'1I ,,' C - - //'-~- Betty ~lement, Secretary Attorney Cook, addressed the Board stating regarding a proposed amendment to Sec. 90-486 that he did not feel that the Board was to keen on the idea of this LDR Amendment so he removed it from the Agenda to allow Semitrailers and Commercial Vehicles to park within Residential Zoning Districts upon the receipt of a Special Exception. The Board discussed the amendment at length at their September 21, 2006 meeting. The Board advised Attorney Cook to review the LDR and rework the existing verbage. The Board felt that the LDR was not specific enough to cover an area large enough to turn the large vehicles around without using easement and City property. Attorney Cook advised that, based on the discussion, he would explain to the City Council that the Board does not recommend making any changes to the Code at this time. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:07 P.M. Notation regarding Application No. 06-012-SSA. Due to confusion as to whom was and was not a voting member on this issue, a second was made by an alternate member prior to him being removed from regular voting status. Mr. Maxwell entered the chambers during the discussion of this item. Mr. O'Connor had been moved to a voting member position at the beginning of the meeting. The Board Secretary called the error to the Chairs attention that an alternate was seconding a motion when the voting member, he was sitting in for, had arrived, and therefore should be placed back as a non-voting member. Since the Chair had not officially noted that the alternate was no longer a voting member and second to the motion was not called for by another member, the second will remain by Mr. O'Connor. The clarification was made prior to the vote being taken, therefore Mr. Maxwell was now a voting member, but remained silent during the vote. A silent vote is a yea vote due to the method in which the votes are cast for this board. The motion to recommend approval remains the same as the majority of the votes were cast and the motion was carried. The Okeechobee News p.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a f--uJ~ /U~ c2<f- I'b \..(,f3 in the matter of f Y-6--v~~, i~--c~'--0~ J f ~L Ik\~, J ec:' I~ ;;L,.h:J:: in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ({;. ct..[;.fr;. '- i">, .Jeer:. '-f ~- 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 fof publication in the said newspaper. ~ ubs ibed before me this I ~"1 -rz...- ".ATj (J6 day of .6-'~LnJ~ A.D.20 " ~ ........,. i!J 627 }':: '-- (1.f\/YYt (L~ ~ c~~A.A~: Notary PUblic, State of Florida a Large . . .'. Cc PUBLIC HEARING NOTICE PLANNING IlOARDIBOARO OF ADJUSTMENT AND APPEALS , . NOTICE: -(he Planning BoartllBoard of Adjustment and Appeals of the City of Okee- chob.., 'florlda will meet on Thursday, October 19, 2006 It B:OO.p.rn. or as soon thereafter as possible. The meeti~g will be held alCIty Hall, 5& Southeast 3rd Avenue, In the Council Chambers, Room 200, Okeechobee, Aorlda. The lIems of cbnslderation at this meeting are: Co.nduct a Public Hearing to Consider Comprehensive Plan Small ScaleftrtUre Land Use Map Amendment Applicatkln No. 06-012.SSA. Frank A1tobeJkl is the applcant and property owner. The applicatkln is t.o change the.. Future Land Use designation from Single Family (SF) to Multi-Family (MF) fur twelln,southwest 6th and 2nd Streets. Legal descrlptiolt land, 'shown as the Railroad Grounds, lying within the Plat of the Ity - bee,'~ reqorded In Plat Book 5, Page 5, Public Records of Okeechobee County, Rorlda,' Seclion'21 Township 37 Sou1h Range 35 East, Okeechobee County, A.oiI. da,.being more. particularly described as follows: Commence at the Southwest corner of that parcel of land described In OR Book 452 Page 1439, Public Records of Okeechobee County, Aorlda and bear South B9 degrees 53 feet 11 Inches West along the North rlght-.of-way Bne of Southwest 6th Street. to the in- tersection witl1the East line of Block 202, City of Okeech.obee, I distance of 1010.B2 feet thence bear North 00 degrees 04 teet 58 Inches West, along the East line of Block 202. a distance of .547.44 feet, t.o the Point of Beginning; thence continue North 00 degrees 04 feet 5B Inches, a dlslal1ce 01 547.44 feet to the Northeast romer of Lot 3, Block 202, City of Okeechobee; thence bear North B9 degrees 54 feet 50 inches East to the Southeast Corner of that parcel of land de- scribed in OR Book 293 Page 257, PubBc Records of Okeechobee County, Fl0rI- da, a distance of 704.B8 feet; thence bear North 00 degrees 04 leet 58 inches West, a distance of 398.57 feet to the intersection with a curve In the Southerly nght-ol-Way of Southwest 2nd Avenue; said curve'concaving to the Northwest, having a radius of 402.71 feet, a delta anglebf 11 degrees 11 feet 52 inches and a long chord bearing North 62 degrees 53 feet 33 inches East, a distance of 78.58 feet; thence along arc of said curve a distance of 7B.71 feet; thence bear South 00 degrees 04 feet 58 Inches East, a distance of 534.67 feet; thence bear South B9 degrees 54 leet 50 inches West, a distance of 49.69 feet; thence bear South 00 degrees 06 feet 02 inches East, a distance of 447.26 feet; thence bear South 89 degrees 53 feet 5B Inches West, a distance of 725.33 feet Itlthe point of beginning, JlJld is approximately 9.89 acre(s). The proposed use of the proper- ty is for Mulfi-F,amily dwellings. Conduct a Pubiic Hearing to Consider Rezoning Application No. 06-010-R. Frank Mobello is the applicant and property owner. The application is to chan~ the zoning designation from Holding (H) to Residential Munlple family (RMF) for property located between Southwest 2nd and 6th Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of OI<eechobee. as rec.orded in Plat Book 5, Page 5, Public Records of Okeechobee County. Aorida. Section 21, Township 37, South Range 35 East, Okeechobee County, Ronda, being more particularly described as fonows: Com- mence at the Southwest corner of that parcel of land described In OR Book 452 Page 1439. Public Records of Okeech.obee County, AOfida and bear South B9 de- grees 53 feet 11 inches West along the North r1ght-.of-way line of Southwest 6lh Street. to the intersecllon with the East line of Block 202, City of Okeechobee, a distance of, 101 0.B2 feet; thence bear North 00 degrees 04 feet 5B Inches West, along the East line of Block 202, a distance of 547.44 feet, t.o the point of begin- ning; thence continue North 00 degrees 04 feet 58 inches, a distance of 547.44 feet to the Northeast comer of Lot 3, Block 202. City of Okeechobee; thence bear North 89 degrees 54 feet 50 inches East, to the Southeast Corner of that parcel of land descnbed in OR Boo!< 293 Page 257. Public Records of OI<eechobee County, Florida. a distance of 704.88 feet. thence bear North 00 degrees 04 feet 58 inch- es West, a distance ot 398.57 feet to the intersection with a curve in the Southerly nght-of.Way of Southwest 2nd Avenue, said curve concaving fo the Northwest, havlOg a radiUS of 402 71 feet, a de~a angle of 11 degrees 11 feet 52 Inches and a iong chord "eaflng North 62 degrees 53 teet 33 inches East. a distance 01 78.5B feet, IDence along arc of said curve a distance of 7B.71 feet; thence bear SouID 00 degrees 04 teet 58 inches East. a distance of 534.67 feet; thence bear South 89 degrees 54 leef 50 Inches West. a distance of 49.69 feet: thence bear South 00 degrees 06 teet 02 inches East, a distance of 447.26 feet; thence bear South B9 degrees 53 feet 58 inches West. a distance of 725.33 feet to the point of begiMlng, and is approximately 9.B9 acre(s). Conduct a Public Hearing to consider a SPECiAl EXCEPTION to allow an enclosed warehouse and stora~e within a Heavy Commercial (CHV) Zoning Olstrict jref. LOR's Sec. 90-283(4) submitted by property owner John Jones, dba C & in- l'estment Enterprises, nc. The subject property is located at 1301 North Parrott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4, 5, 6 and 26 of Block 3, City of Okeechobee Subdivision. Plat Boo!< 5, Page 5, Okeechobee, County, Rorlda is approximately 0.672 acre(s). Petition No. 06-011.SE. Consider any proposed amendments, submitted by City Stall .or citizens, to the Comerehenslve Plan, which include the Land OevelOpment Regulations (LOR=s) and render a recommendallon to the City Council for consideration and final adoption. . A copy of the entire application(s) and agenda are available in the General Services , Office, Rm 101 at City Hall or by caning Betty Clement at (863)763-3372 x 218. Please be advised that the Board of Adjustment and &.JleaIs WIll serve as the de- cision making body (Quasi-judicial). on behaW of the City, to Ipprove or deny Spe- cial Excepllons or Variance Applicafion(s). The Planning Board will make recommendations to the City Council for ronsideration and final ad.oplloo of Com- prehensive Plan Amendments, Rezoning Applications and Land Development Regulations (LOR=s) Amendments. PLEASE TAKE NOnCE ANO BE AOVlSED that W any person deslres to appeal any decision made by the Planning BoartVBoard of Adjustments and Appeals with re- spect to any matter C()nsidered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which rec.ord Includes the testimony and evidence upon which the appeai Is to be based. Tapes are used for the sole purpose of bact-up for the Clerk=s Office. In accordance with the Americans with Disabilities Act (AOA) andrF1lllida Statute 2B6.26, persons with disabilities needing special accomm.odation t.o participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at B63-763-3372 x 21B; W ytlU are i1eMng or voice im- paired. call TOO 1-800-222-3448 (voice) or 1-883-447-5620 (T1Y). BY: Brian \'lMehall, Zoning AdministratOl 166483 ON 1014.13/06 PAGE -1- CITY OF OKEECHOBEE - OCTOBER 19, 2006 - PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: October 19. 2006, Planning Board/Board of Adiustment and Appeals Regular Meeting 6:00 p.m. 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 Carol Johns Alternate Epifanio Jurarez Alternate Mike O'Connor Attorney John R. Cook Planning Staff - Jim LaRue Secretary Betty Clement v' x X v 4 x A. -)v vV-z., L III. MINUTES - Secretary. Board Member' \ ~ , moved to dispense with the reading and appreve. the SUI/lmary of Agency Action for the September 21,2006 gular meeting; seconded by Board Member y.:!TIl~. J-, nJr~ I . ctl0\ . c~ t~1 Vo-t~ VOTE LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY ~i JOHNS . JURAREZ \ I ~ O'CONNOR ] MOTION: C~.J)A.,u ~. . YEA , i NA Y ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE -2- V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT &/00 P.M. A.. Comprehensive Plan Map Amendment Petition No. 06-012-SSA - City Planning Consultant 1. Motion to remove from the table. BOARD MEMBER ~/~1A..t"L MOVED TO REMOVE REZONING PETITION NO. 06-012-SSA FROM THE TABLE; SECONDED BY BOARD MEMBER 'tv t t~ 2. V ote on motion to remove from th table VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY ; JOHNS ! JURAREZ \ I / O'CONNOR V.. l MOTION: L0Uv~ 3. Consider Comprehensive Plan Map Amendment Petition No. 06-012-SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi-Family (MF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consultant. Staff Report A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the Multi-Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi-Family residential use at this time. Nearby vacant Multi-Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the note requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use map from Single-Family to Multi-Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. PAGE -3- -"~i, ::\U VJ. ~ cw,J~, J{~ t )/01. aM, k ~ ,~ vYJ . 1\ ,0 '----V J~fw- - ,~. ~"4'-4Q ~ {h.~ l'~"\ - ,\~ ~ 'n44~ '- WWc(~ '-io 0h .at- J-/ L~ ~ ~'-<. vOl ~T ~' ~~~,0~-j . J.:#.I~OW M _&3. cnJ, ~.'!r,<- I .(~a.~~' jy~ Q) {L,J- f&~ (j, (uD - .~W (fA ~ '^-~ (~ - -)lli.-o\ '-t'O ew-Ic D( Gv;F~-t, WCh,to '10. ;;;Jto . t{~ ~ E~.' 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(-"'.o~f ~~,~. hA-f' - #Jet' &0/>~ vE4jlJrJ: UA!V( fhOI' t UGD ~ . ---(j ~. M. kCL M f1\~. tfb' ~ ~~rrr~k c471~ry' >-.-e,'-lA/fr"\ - ~~/}~ A /fd--t/ /ttj) -- /fr1-10 ,tJ-c r11~. f(;{J~~J. tv~. - ~ l.., 44 - ~ /'If r~W 'LL-<- - tU-~ p~~ ~ S\~ ~t- ~,~ - ~.k-d ~L<<- f tilK).-\.. ~ 1.0 OvY..-r:.J/ L.c Q-J,L ,/. i.,-~.Q~LC-'$ c.eL/L('~~~ - ~lk(Ji ct-6UA~U?dowJ' ~f , (J:f-U-tdMcf,~~ ~c~. oJId I nJc- -io_~ 0"'- rfJA4 ' c~~j~L- Mtfll4~. c, Nv, , -h .',' kn~-~ {)(,4 (~ 1:'fC ~ L,tAvJ;; ,io ku1J,J-~ fL.' "~ . u (<i D.-\) '-\-t> .J, ~ 0 t: S 1ft.. J ' [[ '---I- cTW~ lVvVL - ,( L'l1{l c?.-t)Xi.lNJ..L /)CctiLL~L/J '-/t,k :~-~-CJLL~ Jfw~.'.4:0?Jl; iJ~dt, (, ~r- l~, :;2~;rA_f flJO/ iAA C4$ 7 f' "_ I i C~tL~~' t'~'l~ ~ .2&.<1.-<- Ol ~ C (0 J--1~::~' - GrC4J jlA;'T fr '-)'7~~A.. 6!JAt:7f- C/)L (/("<- ~~, , IP-U:5 Ie 1~1 /~~ - c La.tfi.:. '}"j'V'--t;Lk (~'fiu ~t - NC)t<l L C~boc~Jc~ - ~6nE (.. PAGE -4- BOARD MEMBER ~ MOVED TO FIND COMPREHENSIVE PLAN MAP AMENDMENT PETITION NO. CONSISTENT. 1 CONSISTENT WITH THE COMPREHENSIVE PLAN, AND RECOMMEND CITY COUNCIL; SECONDED BY BOARD MEMBER~(~.-/ VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR d .. n MOTION: .6vv~. B. Rezoning Application No. 06-01O-R - City Planning Consultant 1. Motion to remove from the table. BOARD MEMBER ~<"V""'~''-- MOV~ TO REMOVE .REZO~ING PETITION NO. 06-010-R FROM THE TABLE; SECONDED BY BOARD MEMBER ~~~ . 2. V ote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ '-4 1 O'CONNORtt~\ MOTION: . NOT SERVING AS A VOTING MEMBER 3. Consider Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consultant Staff Report 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi-Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi-family housing. However, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single- Family Future Land Use category classification and have development limited to Single-Family residences. 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood seems to reflect a low level of residential intensity especially to the West ofthis property. Residential Multi-Family dwellings especially on the western side of this property would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi-Family, could cause more rezonings in this single-family area. PAGE -5- 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 the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be if this area was intensified to Multi- Family. Previously, it was thought that this parcel would be combined with the area to the east, now it seems to be a stand alone project.. 5. The proposed use could adversely affect living conditions of the adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If granted, buffering would be determined during the site plan review phase. 7. The prosed application if granted could overburden waer, sewer, schools, and streets unless the impacts are fully planned for. 8. Traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege if approved without full analysis. Recommendation: Staff recommends denial of the request to allow rezoning from Holding to RMF but if the Future Land Use is recommended to change to multi-family staff would recommend a rezoning to PUD rather than the RMF zoning district. La ~ - !.u~~ Lu.GLk. ~ L~~ tn. f({D'-lc, ~ n\L&i:r' 1)~oO ~C ~{ .r~... Q~~. . 't ~ ~ ~.. . ~ ~ .)-.- ~ ~ () ..l @;hbid~?f- - Y'A ~ ~ ~ - ~~J J ~ - ~ L?f:: ~ ..~ ~~, B+0:r 8~ - ~. - \v\~ ~ JSf~~ L-~ ~ ~v-- [~~ NON G L) BOARD ( CONSIST PAGE -6- (1 MBER fku~ MOVED TO FIND REZONING PETITION NO. 06-010-R '/INCONSISTENT W H COMPREHENSIVE PLAN SECONDED BY BOARD MEMBER VOTE YEA NAY MEMBER LEDFERD I HOOVER I BURROUGHS I KELLER I MAXWELL I MCCOY I I JOHNS \ I / JURAREZ \V O'CONNOR MOTION: @}P}~. QUASI-JUDICIAL ABST AIN ABSENT NOT SERVING AS A VOTING A. Consider Special Exception Petition No. 06-0 Il-SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LD R 's Sec. 90- 283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott Avenue and 1307 North Parrott A venue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). - Planning Consultant Staff Report: A. The subject property has a Future Land Use classification of Commercial which allows the commercial activities being requested by the applicant. Therefore, the proposed use is not contrary to the Comprehensive Plan. B. Section 90-283 (4) of the City's Land Development Code allows enclosed warehouse and storage as a special exception use within the CHV Zoning District. C. The proposed use will not have an adverse effect on the public interest. D. The use is appropriate and compatible with adjacent uses. It should be determined whether or not parking should be separated as there are two buildings on the property and both are being used for retail business and enclosed storage. E. Property values or living conditions will not be affected by allowing the applicant to use this subject property as retail business and enclosed warehouse and storage. F. Because this property is already developed buffering may not be necessary. G. Density is not an issue for this case. H. Public safety will no be an issue for this case. Recommendation: Move that Petition No. 06-011-SE be approved based on the findings contained within this report. l J "\ ~<) _-1-" l I i \. { (\ (u.u... c'(I '"I ~,~. 7\ ~"J..-1 - - .-tt:::-c:: ~ILL'-L ~"-~. Q ~7Le..2.-o-l - U ) !.I i ' ~-~~ t:__e_,J. 1.,0 L "TO .~. 0.<2.-- ~~. ~)COi ,+ '7'-c~ ~r~.wlq.,~to r~ZS S/~~? ~oa/)'}~ -~ ~ ~ Ci'l:'<':'.~ ~. ~ ? Cv~ Uf~ - CDNe ~Y~~l... \........~, V /\ -- -- to ( I 'J PAGE -7- ....'-.) BOARDMEMBER~ MOVEDTO PPROVEIDENYSPECIAL EXCEPTION NO. 06-011-SE SUBMITTED BY JOHN JONES dba TO AL ENCLOSED WAREHOUSE AND STORAGE WIrHIN A HEAVY COMMERCIAL (CHV) ZONING DISTRICT; SECONDED BY BOARD MEMBER ~:;>~ /1-~ kJ . tJ VOTE YEA NAY ABSTAIN MEMBER ABSENT NOT SERVING AS A VOTING LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR 'V n MOTION: ~..tU~ . CLOSE PUBLIC HEARING - Chairperson. (0', SD f./V\ - VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. ~q 0- - ,? .L~,{-..i,W t1knd -.J'f~~ "fa~',~ Lo,-.~ .' fJY'~ ~ti~ tL /?10.-ht;rYJ ~ ~~ ~. ~ J.<J )~. '-/-44 ",f k lLuu~ -.f r~ d1 c/ic;,.,' Vice.rhO PAGE -8- B. Consider an Ordinance to amend Ordinance No. 716, Land Development Regulations, Particularly Article III, Division 8, Section 90-253 Special Exception Uses, and Section 90-512 Space Regulations; providing for an effective date. 1. Further Discussion of Off-Street Parking requirements - City Planning Consultant ~-."t ry )LuO.;<-uJ. ~ 7 ok +c ~~ I J I -; '1'/ . 7 J)j ~Q 0~ Y1:--n ~~ e~ ~) ~ (]u.-0~ . ~.. . J ", ( { /Ie d...-1.. ~ t~ (] ~..\j t-idt{) {J.J'J.-rt_ LOJ~UL'+t~ ~."' ~ ~ (,~~3 fU/L-r~ ,~~, f&<-"~6 '~/~' - J ~ ~ ~~~ - ~~~ ~ CUJ~~ - ~< 1S W;./} 'f~ ~L ,f-L<.?i~ flu- ~ ibu- lLlri flu:! /~ -~Cf-Lct ~LL- ~ Jt~ '/ (fCltt'rt. -) )\Ct-l-,,\--1~ ~ ~W~l toL~A~~. </t'-(i..1 ~yj- -nud J-u..~0--f '5,'-1 li . ,- u, ~ c ~+I\..L-v.- w.J..Lf ~ :5 L ~ CCl~09-(z.tc... 1/2.. VON- 'fu-.J ~)'- s/ft ~'. . l<fk - V\t. (J)U s-/-v.;t., f!J /0..~'J:i?~.I.4' Ji;lk~rf 7wAo~' -)~LU...~,- ) I 01 k{U~ '. IF (? ~ f1 J~/:ft;::'~-;J ~ ~ CCd'- c;~~~ -{'~&If.~, u~J 1.2w-t~-- c\.~ ~, a~ i?-fQ~ e~ ' ) L,,~~ ''\-{'--\. Q::f ls€. ~-Y\ k-/Lrv.. (.C(;~ -~ Jt44 tL~, Nit ~~71~-'-. ~H<-<,,- - ('~)~ fUR. - ~~.e.,E ~Lk - ~~ ~ 9J1 </-1u.4J e-I~ ~ ' Cool ,- ~. f. <:.Q.. -~O~~. en ~e~ .c/~) JC1'~ +t-d. ~ c C- ~4/ ~1.' ck C/~t- . Ld,L4 - d- <uk ~ - tyY' I~ \-J ~)te cr~~ .~- Lq k - w\..~~ XU-!2- - ;7Cy( fJL6UL L-C(tu,'Cif~--l~ W".UWv. b-n<;1~ ~ /a&f~~ .. ' j/~f !,V/~M-,Uit+t/;-v>1 . UJi ~e~~1;J~~ C ov)[ - C bP ~ /1'4~ ~ j-fJ-)C'-71 ._ v . !.v/1.e - r (tg~~ ~i ~ &:f<;t'<k,.--;r,fid - CD' >>....-uJ ~.fc~A~/--:; PAGE -9- BOARD MEMBER ~ MOVED TOAPPROV DENY RECOMMENDING TO CITY COUNCIL TO AMEND ORDINANCE NO. 716, D DEVELOPMENT REGULA TIONS, PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90-512 SP A~ REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE; SECONDED BY BOARD MEMBER ---p-J.AJ~~ VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS \\ I / JURAREZ \"W O'CONNOR~ MOTION: . , \ i \ \ C. Consider an LDR Amendment regarding Section 90-486 Special Exception for Semitrailers and Commercial Vehicles within Residential Zoning Districts. - City Attorney ~..... /.\ . ._ ' ,,,' , k' . / ) .j LV:..~) ^. () _.L / /) \ I 1 ^ r I I }ct;-VL'( 0\"'\./1- \::.JJ.-\2-\ y) '_~'- 1) ~~. \ F II'-'<- \)O{v...6' WCGL-J ~-C> ~ C'- 4i'-L ~ - ~~ /) / ~vt~~ ~~ i ) v PAGE -10- r d~ ~v- BOARD MEMBER \ MOVED TO APPROVE/DENY RECOMMENDING TO CITY COUNCIL TO AMEND A LAND DEVELOPMENT REGULATION, SECTION 90-486 SPECIAL EXCEPTION FOR SEMITRAILERS AND COMMERCIAL VEHICLES WITHIN RESIDENTIAL ZONING DISTRICTS; SECONDED BY VOTE YEA NAY ABSTAIN MEMBER ABSENT NOT SERVING AS A VOTING LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR MOTION: VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT j: 0 ! P.M. CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING OCTOBER 19, 2006 OFFICIAL AGENDA PAGE 10F3 I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, October 19,2006,6:00 - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook City Planner Jim LaRue General Services Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the September 21, 2006, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OCTOBER 19, 2006 - PB/BOA AGENDA - PAGE 2 OF 3 v. OPEN PUBLIC HEARING - Chairperson. A. Comprehensive Plan Map Amendment Petition No. 06-0 12-SSA - City Planning Consultant 1. Motion to remove from the table. 2. Vote on motion to remove from the table 3. Consider Comprehensive Plan Map Amendment Petition No. 06-012-SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi-Family (MF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consultant. B. Rezoning Application No. 06-010-R - City Planning Consultant 1. Motion to remove from the table. 2. V ote on motion to remove from the table. 3. Consider Rezoning Application No. 06-01O-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. _ Planning Consultant QUASI-JUDICIAL A. Consider Special Exception Petition No. 06-011-SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR' s Sec. 90- 283( 4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott A venue and 1307 North Parrott A venue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). - Planning Consultant OCTOBER 19,2006 - PBIBOA AGENDA - PAGE 3 OF 3 CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. B. Consider an Ordinance to amend Ordinance No. 716, Land Development Regulations, Particularly Article III, Division 8, Section 90-253 Special Exception Uses, and Section 90-512 Space Regulations; providing for an effective date. 1. Further Discussion of Off-Street Parking requirements - City Planning Consultant C. Consider an LDR Amendment regarding Section 90-486 Special Exception for Semitrailers and Commercial Vehicles within Residential Zoning Districts. - City Attorney VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services tapes are for the sole purpose of backup for official records of the Department. .' 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: ~ ~~Io<., Fee Paid: ,S06.00 Petition No. C~"OI;1. ~SS.A Jurisdiction: Lrft ~ c.c.. ~ o '1st Hearing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: ~ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) Name of property owner(s): Owner mailing address: - r- 130 "'I< A Lro R~l.LO I tA.fnEE.. 1-l 7- () k"EJ:t..Ho8r:.~ FL S1'i73 -04/7 fA Name of applicant(s) if other than owner (state relationship): Applicant mailing address: . Name of contact person (state relationship): J€ F F- SUMAlf-R. I EA~ L L4. EL ~ .1/'3. 'lf1'1Q Su 1,7q,. oqo l Fax: Bb3 .1{,5. '''92,. 5(PI. ,'tb . (,804- V Property address I directions to property: 0:5. tN'. 2 ~o S~E ET Parcel Identification Number: .;l. -,2 )- 37 - 35 - OA 0 0-00 00 to - 0000 Size of the Property (in acres): 9. S AC.~E5 - N'tJI{JI-/V\lE~1?1V' /VIO.5r Current Zoning Designation: H oJ.,.i);JJ6, Current Future Land Use Designation: 5 F - 1 Existing Use of the Property: A t.A/'JT ~ Proposed Future Land Use Designation: M F Proposed Use of the Property: -p:~S}")EN7).,4/" MUl-i/ r/tMIi-Y Description of Surrounding Properties: MIA1-7,' F/tM,'t-Y ( COMMEk~;AL, -rNs1i1\A""~/tl.. (CHu/UH) /r-tJ/) RES;l>.t=AJn'.4L.. Legal Description of the Property (Lengthy Description May be Attached): A-I, " SEE fTACHE.l) C }tll""tr A Uniform Land Use Application (rev. 12103) Page I of 2 .' V 1~.~[-;:.-',: :.; ,~.-.' - .." ~.::,....x.,,:.::.: !t, :~-':::;:1r~ ~'.:?1\i~~. Survey of Property (11" x 14",20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (~on-refundable) City Location Map v ~ri~?:'7t;~r~2:j~h':~~ ,~D&'~hf~~fi.t~~~O' ~.. _ __.u_ _ .._. ~ .. ...... ._ .. . . . .'- .",--,-..-..,....,..:.....",".-' "..-.......- ".. ....:- " ',-,' ., ~.,._:....,.,..::,..__.h.~ ""'_" _"'..:...=..' ~-~~~~p,.~~:tl~~f~~~~i~~~~~f~:~~:, ..._"'.....,.. ,.-.=..,,,::-....--.::-,,:.. .....- ,=. .::-_...... I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. g~o~ Si ature - t-RM}~ AOD~E/..'-() Printed Name f!~i/ tJ~ Date Uniform Land Use Application (rev 12/03) Page 2 of 2 ---J ---C---J.--rr----- -.--r-....-----........ .._..,._"''''-_._,.....J.L.L't'.L F 16 I 17 18 1'<1 _J____~~~~ 5 f ... ue"" ... V~ -': ",' ',;f'<_.' I 110 Okeechobee County Property Appraiser \iV.c. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 I 220 I 330ft. w.. is ,..".",",...,..."~..,...,.,...,=-~,.,..,..".,.,:-<-,..."."..,...,..,.,...,..,.....~..,..""'",... PARCEL: 2-21-37 -35-0AOO-00006-0000 - NON AG ACR (009900) THAT PART OF THE FOllOWING DESCRIBED PROPERlY lYING NORTH OF THE NORTH RIGHT-OF-WAY OF Name: AL TOBELLO FRANK TRUSTEE LandVal Site: 0 SW 2ND ST, Okeechobee BldgVal BOX 417 ApprVal Mail: OKEECHOBEE, FL 349730417 JustVal Sales 4/16/2003 $0.00 V / U Assd Info 4/1612003 $0.00 V / U Exrnpt Taxable $458,940.00 $0.00 $458,940.00 $458,940.00 $458,940.00 $0.00 $458,940.00 This information, Last Updated: 4/1012006, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This ihformation should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GIS/Print_ Map. asp ?pjboii bchhjbnligcafceelbjemnolkjkaibfepfga. _. 4/20/2006 April 21 , 2006 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FI 34974-2903 Re: Comp Plan Amendment and Rezoning Request Northwesternmost 9.9+/- Acres of Parce #2-21-37 -35-0AOO-00006-0000 To Whom It May Concern: This letter hereby outlines the my request as property owner to rezone the above referenced parcel from Holding to RMF. and amend the comprehensive plan map from SF-1 to MF as outlined in the attached applications. Please contact me if you should have any questions, or require any additional information Thank you for your consideration of this request. Sincerely, ~~ rank Attobello Trustee (Owner) LaRue Planning & Managelllent Services, Inc. -. .. --- 1375-J acksonStreet,SUite 206 Fort Myers, Florida 33901-2845 Phone: 239-:-334-3366 Fax: 239-334-6384 Emai1: larue-pla.nning@att.net Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No. The City of Okeechobee FrankAltobello c/o JeffSunmer 06-012-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Frank Altobello c/o Jeff Sumner Petition No. 06-012-SSA General Information Legal Description: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest conllT of that parcel of land de'lTibed in OR Book 452 Page 1439,I'uhlic Rcconb. ofOklTChohl'l' COllntv, F1or-ida and bl'ar S Sl)'5:~'ll" \\ along the north right-of-\vay fine of S\V (,ii' ,Str{'l.t. to the inllTslTtioll with thl' ('a,t line of Block 202, City of Okeechobee, a distance of IOl(UQ feet; Thence bear N 00004'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continne N 00004'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89054'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00004'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2nd A venue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11011 '52" and a long chord bearing N 62011 '52" and a long chord bearing N 62053'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00004'58" E, a distance of 534.67 feet; Thence bear S 89054'50" W, a distance of 49.69 feet; Thence bear S 00006'02" E, a distance of 447.26 feet to the point of beginning. 1 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Frank Altobello clo Jeff Sumner Petition No. 06-012-SSA Request: The matter for consideration is for an Amendment to the City of Okeechobee's Future LaIid Use Map from Single Family to Multi-Family to allow a multi-family housing development on the subject property. Based on the size of the property (9.89 acres), this application qualifies under Chapter 163, F.S., as a Small-Scale Amendment to the Comprehensive Plan. This property is located next to property on the eastern border that recently was changed to Multi-Family Future Land Use. Other surroUnding properties designated are Single Family. Concurrent with the request, the applicant is also requesting a rezoning for the subject property from Holding to RMF. Adjacent Future Land Use Map classifications and Zoning Districts: - t~~4t.~~i~ - j[~~ili.Ji ~lIJiI'lItl~tl~wj~~~f$~i.~r8it_~~~ ;f~lJ~1~ii~W~[~~~n~~~]~~~irf;~~ - :i?{'~'I~$~1[tJ%i~f I~m:~~.I'~'~~l{~~1~w~t~it~~f5?f.rJ~:;1~~~~~~I}~I~~~1~~(1 ~,*'~~~$I~,~:r '')..;;:,)1'(1';'.1:~if~1~~1~%$~ _. " -;".y ,''-: ~~.';?_ C~/'-f ~$fjtimft _" .- <._..c......,. ..^..~._..,., __x Zoning District: Holding Summary: The applicant is requesting the Multi-Family Future Land Use Future Land Use category to develop 9.89 acres of land as a multi-family development. The Multi-Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 99 units on the subject property. The only access for this property seems to be on Second Street. This location and narrow access outlet is not a desirable opportunity to convert this property to Multi-Family. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is not consistent with the Multi-Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2 Staff Report Small-Scale Comprel1ensive Plan Amendment Applicant: Frank Altobello clo Jeff Sumner Petition No. 06-012-SSA This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities Water is available to the subject property but sewer availability has not been confIrmed. Impacts to traffic and schools have not been assessed. c. Compatibility with Adjacent and Nearby Land Uses The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi-Family residential use at this time. Nearby vacant Multi-Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions This application and its appearance before the Council and the LP A was duly noticed for the publlc in accordance with the notice requirements set forth in Chapter] 63 of thc Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single-Family to Multi-Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP May 16,2006 3 C\. ~ ~1!l1S l;imil ~ " -- ~:; i u :z NOTES: -1 ~~ :z: o en en - ~(f) ~cc a..w III It -1 ,-.,. ;:::~<L-J ~ ~ ~ ----1 ~ i<X:- .~ ~ ::J gl m ~ .~- .:. 9! a> i LI~~ ~ . LE6Ef>lD .. .' RBF - Rebar Found RBS - Rebar III/Cap Set IPF - Iron PIpe Found CHF - Concrete Manu_ent Found PRH - Permanen-t Re-rerence Monu.ant [PJ - As per the p.lat of [F) - Field He~sure.ent fDJ - As per the deed [CJ - Calculation 1. Basis bearIng Sill 6TH STREET 2. Bear I ngs ASSUMED ~ Not valid without the Signature and the original raised seal of a Florlda licensed surveyor and mapper. 4. NO OESCR I PTI ON EX I ST STREET ADDRESS: N/A CERT 1 FI ED TO: ROYAL PROFESS I ONAL BU fLDERS. INC. OESCR I PT/ ON: AN UNPLATTED PARCEL OF LAND. SHOWN AS TIlE RAILROAD .GROUNDS, L Y I NG WITH I N THE PLA T OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT 5 PAGE 5, PUBL IC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. SECT/ON 21 TDHNSHIP 37 SOUTH RANGE 35 EAST,OKEECHOBEE COUNTY. FLORIDA. fIEING HORE PART/CULAR DESCRIBED AS FOLLOHS: COMMENCE A T THE SOUTHHEST CORNER OF THA T PARCEL OF LANO OESCR I BED IN OR BOOK 452 PAGE 1439. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA AND BEAR SB9"53"11'H ALONG THE NORTH RIGHT-OF-HAY LINE OF SH 6TH STREET. TO THI INTERSECT/ON HI7H THE EAST LlNI OF BI.OCK 202. CiTY OF OKEECHOBEE. A D/STANCE OF 1010.B2 FEET THENCE BIAR NOO'04-SBW. ALONG THI EAST L/NR OF BLOCK 202. A OISTANCE 0F 547 44 ~EfT. TO THL POINT OF BEGINNING; fHINCE CONTINUE NOO'04'5B". A OISTANCE OF 547 44 F[ET TO THE NORTHEAST CORNER OF LOT 3. BLOCK 202. CITY OF OKEECHOBEE: THENCE BEAR NB[J' 54- 50- E. TO THE SE CORNER OF THA T PARCEL OF LAND OESCRIBED IN OR BOOK 293 PAGE 257. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. A DISTANCE OF 704. BB FEET; THENCE BEAR NOO'04'58"H. A DISTANCE OF 39B.57 FEET to THE INTERSECTION H /TH A CURVE I N THE SOUTHERL Y RIGHT -OF-If A Y OF SOUTHHEST 2ND A VENUE; SAID CURVE CONCAVING TO THE NORTHHEST, HAVING A RADIUS OF 402.7J FEET. A DELTA ANGLE OF 11'11-52' AND A LONG CHORD BEARING N62.53'33'E. A DISTANCE OF 78. 58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 7B. 71 FEET; THENCE BEAR SOO'04'58"E. A DISTANCE OF 534. 67 FEET; THENCE BEAR S89'54'50''''. A DISTANCE OF 49.69 FEET; THENCE BEAR SDO'06-02'E. A DISTANCE OF 447.26 FEET; THENCE 8EAR SB9'53'5B'Ii. A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. ~ ~ '" ... h ~ R ;;; ~ LELAND-DYAL~-RLS:2D84--------------- i ~~ Ci) ~ l.L~ I '" ~ -.JCO::: -<::( CJ ~ ~ :>- r\ f ~i! f:::! ''-I :: ~ ~~~~ f:::!r"': .i <:VJ~ :s -i~, Lu . ~~ .0::.: -.J [J) . ~~ ....Q. N6:T "* r. r. OUTH PARK STREET ~ oc ~ ~ BLOCK 200 .. ... ~ 13 :to ~ ~ SOUTHIlf:ST 2ND A 'IfNOC A 'r I ( I I I I I I I I I ~~ 1>.. Ie;!: I I I I i I I \ I I .I. , SCALE 1" -200' ~ G; 70' ~ ~ !... ... '"' ~ &! 18 ~ ~ <CO 150- i!'i~ 0> "" !ill!: ~ Z <> i5~ ~ '" 2 RBF 3 C><F "119" 54' 50" E 704. 88' RBS 4 sag's,- O'H g 59" t:j lJ.J~ l.'".J 7 "'l: ;;:; Q 8 ,. " tn << 9 g ..... '" a:i t.> ~ '" ~ 0.:11 Q.. '"' ~!l! <CO ",- lJ.J an ~~ ~ CO 12 C> ~ 0 a ~ "'<'> ::r: 13 ~ lJ.J 14 ~ ~ 15 J< '" 15 C\J ~17 18 g 19 I ~ 20 ~ fi: 22- 23 '" ., . N&T ;; fg ~ C> '" '" 2 AREA= 9. 89 ACRES POINT OF BEGINNING S8!I' 53" 5lI" II 725. 33' RBS ~ g ,. ~ lO k:1, ~// ~/I , I ~I/ II ~/, Q."" I / ::- 'I / "'....., , '" , '/ , 0> '" 0> 2 S89' 53" 11'11 725. 5!1' SIi 5TH STREET CENTERLI HE S89"53' 11.11 1495. 69' ~ ~ fg 0> 0> ~ RES c.J :z:: -' <- z 0 en I> f3 - ......C.f) ~o: o..W ~1~D ~I~ -1 ;;I 1%._ In =::> ~I CD ~ 9 ! ~ ;; :. .. 'l !i .L~ i '! i ~ ~ ~ I ;; & ~ C) SPIKE Cf)~ ~! -J .~ en:: : ~a~J >- C\J ~... a ~. ~u)i 5~~i Lu .:ar.;~ -JCl: .: 0). ~I City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ert. 218 Fax: (863) 763-1686 D~ Petition No. ~ - 010 -R Jurisdiction: 1st Hearing: 2nd Hearing: Publication Dates: 9 j D0 Owner mailing address: Notices Mailed: v Name of property owner(s): --r-R l;(. STE:. E- O KEceH{)B~E. Ft. 3~q 1~- o~ 17 A P P L I C A N T Name ofapplicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): Contact erson daytime phone(s): g"3".7/'3. g q Clj'l tf:,!x; V Property address I directions to property: tJ S.W. 2. iJ() ~~I:~/ Indicate current use of property: Va Cttt11 Describe improvements on property, including number/type of dwellings and whether occupied (if none, so slale): f'J ONf Approximate number of acres: q.8CJ Is property in a platted subdivision? N(!) Is there a current or recent use of the Dfopenv that Is/was a violation of count"\' ordinance') If so. describe: p No ' - J. R 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, p nature and applicant's name: N tJ E y~s R Is a sale subject to this application being granted? T Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: y /\/0. ()vJfo./ q . l A~~r: PAR~rE J-. t501A.T1-1 t9r SIA6Jt:'Cr Describe adjoining land uses I improvements to the North: S I r..J 61.E FAtH/LV South: VIltAtJ'J / ~HcJ.'U,H East: MF West: )? ei'/)lfllJ 17 A-L.. Existing zoning: 1-10 iJJ;A./~ Future Land Use classification: SF-2 Actions Requested: /: (---.J Special Exception L...J Variance ~ Rezone I Parcel Identification Number: ~ ~J.l- 37.35 - o/tot) - t)tJtJO ~ - OOt)t) v Confirmation ofInformation 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 7 ,00 ,nd imp'i'~O d'Y'""~::~;It~:~:::~: :ni'l Ofthi":4;:;L ;l'i. ;jObb Si ature Printed Name Date Uniform Land Use Application (rev 1103) Page ] of 2 Current zoning classification: l-{.ol-lJ;1\l Requested zoning classification: What is your desired permitted use under the proposed classification: RNlF R E Z o N E -:- ; J)c./lJnlrL MIA Lr; lA S;,.J &, If granted, wiIl the new zone be contiguous with a like zone? YES N{) Variance? Nt) Is a Special Exception necessary for your intended use? Describe the Special Exception sought: - S AI/A 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 J 0 It bU~lf1es~, briefly describe nalll! e me Illdmg number of employees, hOllT~, noi~e generatic\1l and acllvll:e, to be !\ conducted outside of a bllJidin~ Describe Variance sought: - V N/A A R Describe physical characteristic of property that makes variance necessary: ] 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. 1/03) Page 2 of 2 April 17, 2006 Frank Altobello P. O. Box 417 Okeechobee, FL 34973-0417 City of Okeechobee General Services Department 55 S.W. 3rd Avenue, Room 101 Okeechobee, FL 34974-2903 RE: Rezoning and Comprehensive Plan Amendment Request 9.89 acres Parcel #2-21-37-35-0AOO-00006-0000 To Whom It May Concern: Thjs letter outlines my request to rezone the above-referenced parcel from Holding and amend the comprehensive plan map to M F as outlined in the attached applications. Please contact me if you have any questions or require additional information. Thank you for your consideration of my request. Sincerely, /./ ~~~k- ~ Frank Altobello Trustee FA/sew EXISTING USE OF SURROUNDING PROPERTY East Owned by applicant, zoned MF, apartments to be constructed North Single family homes West Single family homes South Catholic Church ::IW 50 0 PAG[Q 7 5 .. Tax Fulii> N,,: Documentary SlampS paid In the amount d $ .'70 Class C Inlangible Tax piIId In tho1 amount d$ &- ~ ~1l"'J . .' . g,c. ~~.. . ...'}.~I;~_~- . - eOOOl# - OOc:fJ 2-21-37-35-0AOO OODOO ,gOO- I'nlpond by'" rc""" ..: ll.vi4 ""'....JiJoq. II" VIIJ PItA IT AND A:iSCJCIA TPS. P.A. 22H lllada Rood. :;ui/& I25A \Io<a RaID.. fl. JJOI (561).62._0 WARRANTY DEED THIS WARRANTY DEED, made this J(Q. day of April. 2003, between FRANKAL TOBELLO, a man iedman,joined by his spouse, ETHEL AL TOBELLO. ~ to a two- thirds (213) interest, ofP. O. Box 417, Okeechobee. Okeechobee County, F1Olida34973, GRANTOR. and FRANK ALTOBELLO, as Trustee of the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST 111 DATED APRIL J 6,2003, GRANTEE. GRANTOR and GRANTEE have the same address. THE GRANTOR, in consideration ofthe sum ofTen Dollars ($10.00) and other good and valuable considerations, to said GTantor in hand paid by said GTantee. the receipt of which is hereby acknowtedged. Ins granted. btrgained and sold to said Grantcc and Grantcc's SUCCessOTS and assigns forever. the following descnbed land siluate in Okcechobee County, Florida, lo-wit: (See attached Schedule "A" for corrq>lete legal description) This conveyance is subject to the following: Zoning. restnctions. prohibitions and other requirements unposed by governmental authority. 2. Restrictions and malters appearing on the plat or otherwise comroon to the subdivision. 3. Public Utility easements of record. 4. Taxes for the year 2003 and subsequent years. and said Grantor does hereby fully warrant !he title to said land, and will defend the same against the lawful claims of all persons whomsoever. Where used herein, the terms GRANTOR. GRANTEE and TRUSTEE shall be construed as singular or plural as the context requires. FRANK AL TOBELLO, Trustee. shall have !he mdepcndent power 3nd authority to protect. conserve, and to sell. or to lease, or to encumber, or otherwise to manage and to dispose of the real property conveyed by this deed. In the event FRANK AL TOBELLO cannot continue to serve as Trustee, the Successor Co- Trustees shall h: ClT/CORP TRUST, N.A. (FLORIDA) ("em") and FRANK ERBY. If FRANK ERBY is unable to serve as Co- Trustee for any reason, then DAVID PRA IT. ESQ. shall serve as Co-Trustee with OT/. If DAVID PRATT, ESQ. is unable to serve as Co-Trustee for any reason, lhen TONY YOUNG, ESQ. shall serveasCo-Truslee with CITI. I fall of FRANK ERBY, DAVID PRA IT. ESQ. and TONY YOUNG. ESQ. are unable to serve as Co-Trustee for any reason, then CITI shall serve as sole Trustee. The Successor Trustees are hereby granted the power to protect. conserve and to sell, or to lease, or 111 encumber. or otherwiset" manage and dispose"fthe real property described in this deed This cOllveyance is subjecl III rC5t..;ctinns. reservalions,limitations,and easements of record, ta.xes for [he year 2003 and subsequent years. and all mongagcs of record which the GRANTEE herein asswnes ar.d agn:cs ;n pay. if an)". 1 I J:~0500 PAGE0755 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. . Signed, Sealed, and delivered in the presence of: #t'/~L ~~ ~gnature of Witness M#'.P.-9 4R/ru Printed Name of Witness /1;Li/ SignatureofWitncss , Jf.P!>IJV /lqVtc /,J>') Printed Name of Witness ~~ K ALTOBELLO, Grantor ~C-~{,6 ~~ KAL TOBELLO. as Attomcy-m-Fact for ETHEL M. AL TOBELLO, Grantor Slate of Florida ) ) 55. County of Palm Beach ) ~ SUBSCRIBED, SWORN TO. AND ACKNOWLEDGED BEFORE ME this /l.JAay of t:' . 2003. by FRANK ALTOBELLO. Granlor, who [tl-iSpersonally o to me.. OR who [ ] has produced as identification and have not taken an oath. ~: "~.....d" My Commission Expires: DAVDPAATT WY COI8IISSlOH I DO 115Z11 EIl'IU _lI.lII5 .......,............,....... ~w1~ Notary Public; Stale of Florida Print Name:)4'J/dlfff N.B. This Il<c.d Iw bc:n p~ II the Gr.....,.... ""I..... wilh<lUl ....mi..lioa or lcplopinion of ~tIe. G:\l2011LU:P9J anu.decd ID IhI5t. w.,n 2 STATEMENT OF SPECIAL REASONS AND BASIS FOR REQUEST The basis for this rezoning and comp plan amendment request is a desire to change the zoning of the parcel to allow for the development of a multi family housing community. The applicant plans to utilize the property for multiple principal uses and structures permitted within the RMF District to include single family dwellings, two family dwellings and multiple family dwellings. The rezoning will be consistent with the rezoning on the adjacent parcel to the east which was the subject of rezoning petition 05-003-R. The property is the northwestern most 9.89 acres of Tax Parcel # 2-21- 37=35-0AOO-00006-0000 North of S.W. 6th Street, between S.W. 10th Avenue and S.W. ih Avenue. INTENDED USE The property is the northwestern most 9.89 acres of Tax Parcel # 2-21-37=35- OAOO-00006-0000 North of S.W. 6th Street, between S.W. 10th Avenue and S.W. 7th Avenue. The intended use of the property is the development of residential family housing utilizing a mixture of permitted residential structures and uses within the RMF zoning category. These mixtures of residential permitted structures within the RMF zoning category include single family dwellings, two family dwellings and multiple family dwellings. The development of the property will be consistent with all applicable zoning and land use requirements of the City of Okeechobee. I N&T . il DUTH PARK STREET l' I I ~ I , I I ... I I I ~ I ~ BLOCK 200 0> I .... I I t '" ... I I '" I ~ I I ~ I c L. I '" I I SOUTHWEST 2ND A VEHtJr-- - ~" . ~ ~~ ~ 70' ; ~ I ~ ~ = I I ~ I ~ I .., ., ~ I "'~ ., I ~ 'dO = ~ I i50' :~ C> ~ I C> I " % = . '" = I ~ J. 2 RBF , 3 CHF "B9' 5"<;0-[ 704 BB' R8s 4 :;A90 51! [J"w 9 bC] ~) Q6S In lu 6 l:) 7 "<( l;; Q 8 0>- ... to "<C 9 g .... a a:i u ~ \@ '" Q 11 Q ., ~~ Lu "'- ~ :::.;s! Lu = <:~ Ql12 <> ~ <> "<c'" ::r:13 % fg AREA= 9 a9 ACRES <> <> :>' POINT OF 8EGINNING 5B9. 53' 58' W 725. 33" RBS t;/ . ~/! ""'/ / '-> / / Vj / / / / ~// / / " / / ;sl; ^' / / ... / / " / / ]i)! / ,,/ / / / / / :t: .... C> ~ 15 '" C) (1) C\.J 16 ~t7 ~ 18 g 19 -..I I Ql 20 ~21' ~ 22 23 35 '" - ~ ". ., ~ ~ ~ 589" 53'!!' W 725. 51)' SW 6TH STFlEET CENTERL INf: NU SB9.sY !I.W 1495. 69' ~ <> ig = = ~ RBS SCALE 1" -200' # ~.",. ~ ~'t ,-f ~I ~: ~l ~: In, ~I ~: ~ SB9.51'52'W 249. 91' \ \ OR BOOK 452 S89"53"!!'W 285,32' PGE 1439 t I I __---L_ PO/NT OF COMMENCEMENT RBF C) :z:: ~ <- :z: C> (I) (I) ~(f) ~o:: c..W !!!~~O ~~~---1 aI,CI:_ ~ ~ :::J ~I en b lil s 5 9 ~ '" i ItL~ ; :. i ~ ~ ~ I ;;; ~ o SPIKE i r" ~~ V) lr..... --J"'tJ <::J:::CO~ : " CJ ~~ ;>- f\ I "'... a~\.J~ C ~cr) i <::J::: ~ ~~ --J ---.J CO) ': Lu ':k~ ,Q .: ---.J 0} . ....~ ~i LEGEND RBF - Rebar Found RBS - Rebar H/Cap Set fPF - Iron PIpe Found eMF - Concrete Monullent Found PRH - Perlllanen"t Reference Monumen t CPJ - As per the plat of (F) - Field Measure.ent C OJ - As per the DeeD CCJ - CalculatIon NOTES: 1. Bas' s bear I ng SH 6TH STREET 2. 8ear I ngs ASSUIIED ~ Not valiD wIthout the signature anD the original raiseD seal of a Florida licensed surveyor and mapper. 4. NO DESCRIPTION EXIST STREET ADDRESS: N/A CHITIFlED TO: ROYAL PROFESSIONAL BUILDERS. INC. DESCRIPTION: AN UNPLA TIED PARCEL OF LAND, SHOWN AS THE RA ILROAD GROUNDS. LYING H ITH J N THE PLA T OF THE CITY OF OKEECHOBEE. AS RECORDED IN PLAT 5 PAGE 5. PU8L1C RECORDS OF OKEECH08EE COUNTY. FLORIDA. SECTION 21 TOWNSHIP 37 SDUTH RANGE 35 EAST. OKEECH08EE COUNTY. FLORIDA. 8EING HORE PARTICULAR DESCRIBED AS FOLLOWS: COMMENCE AT TH[ SOUTHWEST [O{JNER OF THAT PARCEL OF lAND DESCRIBED fN on BOOK 452 PAGE 1439. PuBl Ie n~corlOS OF OKEECHOBEE COUNTY. FLOHfDA AND BEAR 589"530 t !~W A/ON(; f/lf ~Jr)nfl--I nlGHf Of WAr INF OF SW 6TH SH-IfT I UJ {HE rNIER5F[11()N /VI !f/ {Hi 1..--;' NI nr HI UCK CI ry OF OKFfCJ.fOB1J A D/STANCE OF 101U He' HE! THENCE BfAR NOO"'1)4'''Jm._ ALUNG rift fAsr l fNR UF BLOCK 202. A DISTANCE OF 54744 FEET. TD fHE POINT or BEGINNING. THENCE CDNTlNUE NOD" 04' 58'. A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNEfI OF LOT 3. BLOCK 2D2. CITY OF OKEECHOBEE: THENCE BEAfI N89'54'50'E. TO THE SE CDRNER OF THAT PAflCEL OF LAND OESCR/8ED IN OR 80DK 293 PAGE 257. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. A DISTANCE OF 704. BB FEET; THENCE BEAR NDO'04'58"W. A DISTANCE OF 39B.57 FEET TO THE INTERSECTION HITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHHEST 2ND AVENUE; SAID CURVE CONCAVING TO THE NORTHWEST. HAVING A RADIUS OF 402.71 FEET. A DELTA ANGLE OF 11"11'52' ANO A LONG CHORD 8EARING N62'53'33'E. A DISTANCE OF 7B.5B FEET: THENCE ALONG AflC OF SA to CURVE A DISTANCE OF 78. 71 FEET: THENCE BEAR SOO'04'58'E. A DISTANCE OF 534.67 FEET: THENCE BEAR SB9'54'50'H. A DISTANCE OF 49.69 FEET; THENCE BEAR SOO'06'02.E. A DISTANCE OF 447.26 FEET; THENCE BEAR SB9'53'58"H, A OISTANCE OF 725.33 FEET TO THE PDINT OF BEGINNING. -;f~.@'~ LELAND OVALS. RLS 2DB4 . ~ III G;l!llll iiiiiO! Or C\J l!; .....-t 5!5!1;i 1~181. 21 L) ::z: .....J -<- :z C> en ~c.n ...... ~rr I1LLJ !!! ~;;;! c:::. ~~~---l nile: ~ l: ::::> gl CD ~ ~ 9 I i LI~JI 3 ::. ~ :;; '" ~ R iii ~ 51 ~~ Cf) ""t IJ.. ~ -J CD :": ~ r--.. ~ ~ '- '-J.::~ .?- C\j <> '" C:l : ~ C:lCf)..; <: ~ ~ ;~~ -J --.J "l~ Lu . :a:~ -J 0::: oi : ~l!. . "ll 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a}att.net LaRue Planning & Management Services, Inc. Revised Staff Report Rezoning Request Applicant: Owner: From: To: Petition No. JtiffSumner FrankAltobello Holding RMF 06-010-R Staff Report Rezoning Request Applicant: Jeff Sumner/Altobello Petition No.: 06-010-R General Information Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Owner Phone Number: Future Land Use Map Classification Zoning District Use of Property Acreage Jeff Sumner Not provided 863-763-8999 Frank Altobello Box 417 Okeechobee, FI. 34973 Not provided Existing Single Family Holding Vacant 9.89 Proposed Multi-Family RMF Multi family housing Same Legal Description: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence at the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89053'11" W along the north right-of-way line of SW 6th Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00004'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00004'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89054'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Staff Report Rezoning Request Applicant: Jeff Sumner/Altobello Petition No.: 06-010-R Thence bear N 00004'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of southwest Request: The applicant is requesting a rezoning for the subject property from Holding to RMF. Adjacent Future land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-l Single family East: Future Land Use Map Classification: Zoning District: Existing Land Use: Multi-Family RMF Vacant South: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family Holding Vacant West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family RSF-1 Single family and Vacant Summary: The applicant is requesting a change from Holding to RMF. Concurrent to this request, the applicant is requesting the Multi-Family Future Land Use category to develop the subject property as a multi-family development. The Multi-Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 99 units on the subject property. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi-Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2 Staff Report Rezoning Request Applicant: Jeff Sumner/Altobello Petition No.: 06-010-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi-family housing. However, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single-Family Future Land Use category classification and have development limited to Single-Family residences. 3. The proposed use will not have an adverse e.ffect on the public interest. The existing neighborhood seems to reflect a low level of residential intensity especially to the West of this property. Residential Multi-Family dwellings especially on the western side of this property would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi-Family, could cause more rezonings in this single- family area. 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. No, the use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be if this area was intensified to Multi-Family. Previously, it was thought that this parcel would be combined with the area to the east, now it seems to be a stand alone project.. 5. The proposed use will not adversely a,ffect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use could adversely affect living conditions of the adjacent properties. 6. The proposed use can be suitably buffered.from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If granted, buffering would be determined during 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. Yes, if granted, the proposed use and other rezonings could overburden water, sewer, schools, and streets unless the impacts are fully planned for. ., .., Staff Report Rezoning Request Applicant: Jeff Sumner/Altobello Petition No.: 06-010-R 8. The proposed use will not create traffic congestion, flooding or drainage problems. or otherwise affect public safety. Yes, traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 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 constitute a grant of special privilege if approved without full analysis. Summary and Conclusions Prior to Certification Based on the above information, it is recommended that this application for rezoning be deemed inconsistent with the Comprehensive Plan. Recommendation Staff recommends denial of the request to allow rezoning from Holding to RMF but if the Future Land Use is recommended to change to multi-family staff would recommend a rezoning to PUD rather than the RMF zoning district. Submitted by: James G. LaRue, AICP Planning Consultant October 11, 2006 4 , City of O~eechobee General Services Department 55 S.E. 3n1 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 2n d Hearing: Date: Juri5di clion: Publication Dates: Notlcas Mailed: t/ ~ Owner mailing address: Inves~~ L.3btf~3 A p p. L I C A N T Name of applicant(s) if other than owner (state relationship): Applicant mailing address: v .e. Indicate corrent use of property: Descnoe improvements on property, including number/type of dwellings and whether occupied (if none, 50 slale): . #- 2..: .5 . LeLt led P R o P E R T y Approximate number of acres: ,51 t;(!r(S Is property in a platted subdi Ision? . I ti-Ue5 Is lhere a currenl or recenl use oft e property thaI is/was a violation of county ordinance? I r so, describe: Have there been any land use applications concerning all or part of this property in the last year? Ifso, indicate date, nature and applicant's name: Is a sale subject to this application being granted? N 0 Is the subject parcel your total holdings at that location? Ifnot, descnoe the remaining or intended uses: e.S Describe adjoining land uses I improvements to the North: V a ~ t South: Vo..t~ t East: 1/t1c.~ West V"CU-#\t- Existing zoning: -e.-vaa.-{ Future Land Use ClElSsification:LO>>tm.etC<.cu Actions Requested: LJ Rezone (XJ Special Exception L-J Variance Parcel Identification Num . ., -15. ~? 3:;- 00 10 - 00030 - ()~bo 3-/~ - 37 -Jo{-tJO ()_ If' Confirmation ofInformation Accuracy I hereby certi"fY tl1at the information in this application is correct The infonnation included in this application is for use by the City ofOk.eechobee in processing my request. False or misleading infonnation maybe punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ~ - MVl JOY1E>5 of} /2lf fWD 10 SignatlJre Printed Name Date I , Uniform Land Use Application (rev. t103) Page I of 2 )( Current zoning classification: Requested zoning classification: R What is your desired permitted use under the proposed classification: E Z 0 N If granted, will the new zone be contiguous with a like zonll? E Is a Special Exception necessary for your intended use? Variance'? s P E C I A L Describe the Special Exception sought Bu.s;ne5.5 Wue..house5 and 6U5/J1€S5 5/trrCl6 (? Provide specific LDR ordinance citation: E X C E p T 1 o N Are there other similar uses in the area? Is so, describe: lu\ J( V) Ii to t') Why would granting.yoUT request be in the b:st interest of the area and resi~ents? I . Uhj! hCMJ.e. 1,f{I-IZ P,-nIJlK.tuIYl1 ff-ntL~e.a. or Ye.'ildenfsfr.JlI...fy/ve5 (JSy-{'.e a ,. e.,ua) c.c.$ ,-e.hous~s ~ Ifbusiness, brieny describe nature including number of employees, hours, noise generation and activilies 10 be conducted oUlside of a building: ~ W{JAIehrruse.5 hr ~rn-0rudJ o.cr...fS Describe Variance sought: - V A R Desco"be physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is 50, describe: E What is the minimum variance necessllI}'? Uniform Land Use Application (rev. 1103) Page 2 of 2 C & J Investment Enterprises, Inc. P.O. Box 176 Kinston, AL 36453 334.897.0888 August 28, 2006 City of Okeechobee General Services Department 55 S. E. Third Ave. Okeechobee, FL 34974 RE: Uniform Land Use Application Special Exception 1301 North Parrott Avenue I currently have two buildings at the above address. One is 9,078 sq. ft. consisting of eight units and the other building is 3,900 sq. ft. consisting of fourteen units. These units are for retail businesses and personal storage rentals. I do not want to affect or change any current zoning but would like to request a special exception to include rentals to small businesses for enclosed warehouse and storage. A few examples would be: An ice cream distributor using the warehouse for storage only, A business machine company using it for a drop point for its service technicians or An electrical contractor using it to store his supplies. In my opinion, any business that would need a small storage area such as these rentals would have little or no impact on city traffic or the surrounding businesses. Thank you, ~~ John Jones President C&J Investment Enterprises, Inc. " ...a i \1- (" \'J~' O' ggGK 378 PAcE1315 P~ID~ 3-15-37-35-0010-00030-0040 Grantl:c #1 'llN: Warranty Deed This Indenture, Made this 17th day of ROBERT fv.: VlHUDAL, a single man, May ,1996 AD., Between of the County of OKEECHOBEE , Slate of Florida , grantor, and C & J INVESTMENT ENTERPRISES, 1NC., a corporation existing under the laws of the state of Florida whose address is:3201 SE 33rd Terrace, OKEECHOBEE, Florida 34974 of the County of OKEECHOBEE Slateof Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - TEN & NOj100($10.00) - - - - - - - - - -- - - - - - - - - - - - DOlLARS, and other good and VBluable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hetchyacknowledged, has granted, bargained and sold to the said GRANI'EB and GRANI'EB'S successors and assigns f=, the following described land, situate, lying and being in the County of OKEECHOBEE Slate of Florida to wit: Lots 4, 5, 6 and 26, Block 3, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and also being recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations ~nd easements of record, if any, and taxes subsequent to 1996. FILED FOi1 f.:[:COf~Li OKHCHDGEE CD. FL. 2'3'i'~ 5 0 96 HAY 30 Prl 2: 58 SHAIWt. ROBERT SOh CLERK O.F CIRCUn COU;) and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful c1aims of aU persons whomsoever. In Witness Whereof, the grantor has hereunto set S and in eur presence: } '"r;~vEJ-- (Seal) ROBERT w: VIHLIDAL P.O. Address 1307 N. Parrott Avenue, OKEECHOBEE, FL 34m STATE OF Florida COUNTY OF OKEECHOBEE The foxegoing instrument was ac1mowledged before me this 17th ROBERT fv.: VlHLIDAL, day of May ., 1996 by who is persona11y known to me or who has produced his Florida driver's Ii This Document Prepared By: T URN ~OBEEABSrRAcr & 'ITIU! ___.-. INSURANCE, INC. :--<~ 302NW 3rd Street ~ OKEBCHClBEE . FL 34m di~ ~ 'OFFICIAl SEAL' Johanna K. Jarrall Notary Public, Slate of Flori My camm. expires 1211/9li Comm. No. CC250225 ........... 27680 B 7 ..------, 1/000 FENCE 3 i if FOR DUMPSTER} 1~1. 5' I PI RBF:: 589' 58' ~2' E 1~2. 58' I F) RBF 59. \2' 60. \9' 41.0-4 NAIL , " ,.52. '(PJ LOT ~ '" 4 .. ...J <.:i .. <.:i ...J " '" co ~ '" ..... :t <: '" .. ...J ~ ...J - '" '" " .. '" L:'U) ~ Cl: Q ... ::> .. ~ '" :-'-'itS "'''' '" '" ~ ~ Q '" .Q .. '::: Q torr, :t: 0: LOT .. ~ 0:C\J .. '" ~ ~ 5 d "'0 Iii ~ '" <Xl '"' '" ... ~ I.l) '"' ~i-::':: ~ Cl: ~ '"' ~ :;>l ,'" ...J , C\J ll1 f:j '-'", i -O-J '-' .. '" .. ig -JCO ~ 8 g :t: ::: ~ ~ ~ '" 0.. >- Q ,. - ... "" .. '" '" ,. ~ C- LOT '" 6 ~ o. 0, , 41.:11' 26.83' J. 98' 20. ~7' RBS \ ~ \ ~ \ ~ N89' 59' 3~' E 1~2. 50' I F) I ~ I '" '" g , \ ~ \ - N. W. ( PA VED 13th STREET 70/ R/W) o RBF N89'59'3~'E U2.~7'IF) 1~2.5'IP) LOT 1, BLK, 14 LELAND DYALS R. L. S. 2084 304 S. H. 3rrJ Ave., OkeechDbee. Fla. ...._ 1&....- NO. REV IS , 0Hl/ DAn: 36 ,0 BY BF ~ :iiI'" 5 ~ ~I~ ~ R8F SEAl ~'"""' Lu ~ "'.::c I- 01- a <0: 0: "'.::c Q C:l "':( ~ a"t "t 0: >.: ~ Lu::t: I- cri "':(. ::::J 1-,-, U) SCALE: 11. 3D' ~ BY: ~I/II DAW ~ J3876D l[) LEGEND RBF . Rebar Found RBS . Rebar W/Cap Set NAIL - Set nail In aephalt I F) . Fie I d Weasurnent IP) . As per the plat Of City of Dkeechobee STREET ADDRESS: 1301 North Parrott Ayenue FLOOD ZONE: 'C'; COllunlty No. 120177, SUIrI, 'B' Panel No. 200; Dated 2/~/BI NOTES: l. Basis bearing - South rlght'of-way of N. W. 13th Street SURVEY Of Lot' 4, 6, 6 and 26, BlOCk 3, OKEECHOBEE, according to the plat thereof recorded In Plat Book 2. Page 17, Public Records of St. Lucie County, Florida, and also recorded In Plat Book 5, Page 5 of the Public Record' of Okeechobee County, F I or Ida. CERTIFIED TO: Betty W, Cooper John D. Jone, Barnett Bank of Lake OI<eechobee OkBBchobee Abstract & Title Co.pany Chicago Title Insurance Co. CERT I F I CATE IF S\JAVEY I' . 30' I HEREBY CERT I FY THA T THE PLA T Of SURVEY SHOWN HEREON WAS PREPAREO FROM A SURVEY PERFORlED UNDER MY DIRECT I ON AND SUPERV I S I ON I N ACCORDANCE TO THE STANDARDS SET FORTH I N CHAPTER 61 6-17, PERSUANT TO SECTION ~72. 027, FLORIDA STATUTES, AND IS TRUE AND COAAECT TO THE BEST Of WY~_:::0? ~_____ LEL~, 5, 208~ UlCATION: LOTS 4.6.6 C 26. 8lJ( 3 CITY OF om _Ff1//: BETTY w. COOPER JOHN D. JONES F, S. /PI.: BOVCE 65 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(cl)att.net LaRue Planning & Mana ement Services, Inc. Staff Report - Special Exception Request Applicant: John Jones Petition No.: 06-011-SE Staff Report Special Exception Request Applicant's Name: John Jones Petition No. 06-011-SE General I nformation: Owner/Applicant: John Jones C & J Investments PO Box 176 Kingston, AL 36453 334~897-0888 Owner Address: Owner Phone Number: Page -1- Staff Report Special Exception Request Applicant's Name: John Jones Petition No. 06-011-SE legal Description of Sub'ect Prope : Lots 4, 5, 6, and 26, Block 3, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida and also being recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at 1301 North Parrott A venue, allowing enclosed warehouse and storage in this zoning district. Back round: The subject property consists of two separate lots which when combined are approximately 0.672 acre(s) fronting on North Parrott A venue and are subject to this Special Use Exception petition. The subject property is currently being used as retail businesses. There are two buildings on the property. One has eight units, the other has 14 units. The applicant states that some of the tenants would like to use the units as storage spaces for the businesses. As such, the applicant is requesting a special exception to allow enclosed warehouse and storage on the property. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: Vacant Vacant Vacant Vacant Consistenc with land Development Re ulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. The subject property has a Future Land Use classification of Commercial which allows the commercial activities being requested by the applicant. Therefore, the proposed use is not contrary to the Comprehensive Plan. Page -2- Staff Report Special Exception Request Applicant's Name: John Jones Petition No. 06-011-SE B. The use is specifically authorized as a $pecial exception use in the zoning district. Section 90-283 (4) of the City's Land Development Code allows enclosed warehouse and storage as a special exception use within the CHV Zoning District. C. The use will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public interest. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, the use is appropriate and compatible with adjacent uses. It should be determined whether or not parking should be separated as there are two buildings on the property and both are being used for retail business and enclosed storage. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Property values or living conditions will not be affected by allowing the applicant to use this subject property as retail business and enclosed warehouse and storage. F. The use may be required to be screenedfrom surrounding uses to reduce the impact (?f any nuisance or hazard to adjacent uses. Because this property is already developed buffering may not be necessary. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Density is not an issue for this case. H. The use will not create trc~Dic congestion, flooding or drainage problems, or otherwise affect public safety. No, public safety will not be an issue. Page -3- Staff Report Special Exception Request Applicant's Name: John Jones Petition No. 06-011-SE Recommendation: Move that Petition No. 06-0 11-SE be approved based on the findings contained within this report. Submitted by: James G. LaRue, AICP Planning Consultant October 9, 2006 Page -4- J_ ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90- 512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for special exceptions or use districts and off-street parking space requirements within the City; and WHEREAS, upon review of same, the City of Okeechobee, though staff analysis, has determined that certain special exception uses should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that revisions of certain special exception uses are in the best interests of the City of Okeechobee and an appropriate and necessary promulgation of its authority; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that SECTION 1. Section 90-253 Special Exception Uses be amended as follows: Sec. 90-253. Special exception uses. The following uses and structures are permitted in the CL T district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval (1) Restaurant, cafe. (2) Dry cleaner, laundry. (3) Private club, nightclub. (4) Business school. (5) Radio, television or cable reception transmission or operational facilities. (6) Commercial indoor recreation (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of Worship (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building" (LOR 1998, S 372) SECTION 2. Sections 90-512 Space regulations be amended as follows: Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1 ) Residential Uses: Single or two-family dwelling Multiple-family 1 bedroom Multiple-family 2 bedrooms Multiple-family 3-4 bedrooms 2 per dwelling 1.75 per dwelling 2 per dwelling 225 per dwelling Page 1 of 4 , Deleted: . not exceeding two bedrooms or 800 square feet Mobile home park Adult/assisted living facilities (2) Commercial Uses: Shopping center, Retail store or service Furniture or appliance store Professional office, business office Medical office Nursery, lumberyard Restaurant, nightclub 2.25 per dwelling per unit or Bedroom 1 per unit or bedroom 1 per 300 square feet of floor area 1 per 500 square feet of floor area 1 per 300 square feet of floor area 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet of customer service area 2 per service chair 1 per bedroom, plus 5 spaces, plus accessory uses 1 per 150 square feet of floor area 1 per 400 square feet of floor area (3) Entertainment and Recreational Uses: Private club 1 per 300 square feet of floor area Health club 1 per 150 square feet of floor area Include pool Tennis, racquet or handball 2 per court, plus accessory uses court Theater 1 per 3 seats, plus 5 spaces Indoor recreation 1 per 200 square feet of floor area. plus accessory uses Golf driving range 1 per tee. pIUS accessory uses Golf course 6 per hole, plus accessory uses Marina 2 per 3 boat slips, plus storage for trailers and boats Barbershop, beauty shop Hotel, motel Auto service, repair or wash Automobile sales (4) Institutional Uses: Government office, Courthouse or other public facilities Place or public assembly or worship Hospital Nursing home 1 per 400 square feet of floor area 1 per 3 persons in main auditorium 1 per bed 1 per 4 beds, plus 1 for each Employee at maximum shift 3 per classroom 1 per 6 students, plus 1 space per staff member 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus 1 space per staff member In lieu of student parking, daycare, preschool and nurseries may provide off- street dropoff and pickup area. Junior high school Senior high school College Day care, preschool, nursery Required parking for commercial uses, government office, courthouse or other public facilities shall be calculated using net usable floor space. Such net space shall be calculated by excluding from square footage computation such space as mechanical, service, atrium, Page 2 of 4 ,.. lobby and storage spaces. The areas used or covered by furnishings, office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net space, and would include those areas such as offices, waiting and assembly areas, courtrooms, conference rooms, jury rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. (5) Industrial Uses.' Industrial, Warehouse 1 per 1,000 square feet of floor area up to 20,000 square feet plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 1 per 4,000 square feet of floor area over 40,000 square feet (6) Use Not Specifically Listed: Parking spaces shall be the same as required for the most similar listed use. (LOR 1998, S 470; Ord. No. 815, S1, 2-4-03) SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competentjurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this ,2006. of ATTEST: James E. Kirk, Mayor Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this _ day of ,2006. Page 3 of 4 James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R Cook, City Attorney Page 4 of 4 ''4.. ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-253 SPECIAL EXCEPTION USES, AND SECTION 90- 512 SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for special exceptions or use districts and off-street parking space requirements within the City; and WHEREAS, upon review of same, the City of Okeechobee, though staff analysis, has determined that certain special exception uses should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that revisions of certain special exception uses are in the best interests of the City of Okeechobee and an appropriate and necessary promulgation of its authority; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. Section 90-253 Special Exception Uses be amended as follows: Sec. 90-253. Special exception uses. The following uses and structures are permitted in the CL T district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Restaurant, cafe. (2) Dry cleaner, laundry. (3) Private club, nightclub. (4) Business school. (5) Radio, television or cable reception transmission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of Worship (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building, not oxceeding two bedrooms or 800 square feet. (LOR 1998, S 372) SECTION 2. Sections 90-512 Space regulations be amended as follows: Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1 ) Residential Uses: Single or two-family dwelling Multiple-family 1 bedroom Multiple-family 2 bedrooms 2 per dwelling 1.75 per dwelling 2 per dwelling Page 1 of 4 . 04t> Multiple-family 3-4 bedrooms Mobile home park Adult/assisted living facilities (2) Commercial Uses: Shopping center, Retail store or service Furniture or appliance store Professional office, business office Medical office Nursery, lumberyard Restaurant, nightclub 2.25 per dwelling 2.25 per dwelling per unit or Bedroom 1 per unit or bedroom 1 per 300 square feet of floor area 1 per 500 square feet of floor area 1 per 300 square feet of floor area 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet of customer service area 2 per service chair 1 per bedroom, plus 5 spaces, plus accessory uses 1 per 150 square feet of floor area 1 per 400 square feet of floor area (3) Entertainment and Recreational Uses: Private club 1 per 300 square feet of floor area Health club 1 per 150 square feet of floor area Include pool Tennis, racquet or handball 2 per court, plus accessory uses court Theater 1 per 3 seats, plus 5 spaces Indoor recreation 1 per 200 square feet of floor area, plus accessory uses Golf driving range 1 per tee, plus accessory uses Golf course 6 per hole, plus accessory uses Marina 2 per 3 boat slips, plus storage for trailers and boats (4) Barbershop, beauty shop Hotel, motel Auto service, repair or wash Automobile sales Institutional Uses: Government office, Courthouse or other public facilities Place or public assembly or worship Hospital Nursing home Junior high school Senior high school College Day care, preschool, nursery 1 per 400 square feet of floor area 1 per 3 persons in main auditorium 1 per bed 1 per 4 beds, plus 1 for each Employee at maximum shift 3 per classroom 1 per 6 students, plus 1 space per staff member 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus 1 space per staff member In lieu of student parking, daycare, preschool and nurseries may provide off- street dropoff and pickup area. Required parking for commercial uses, government office, courthouse or other public facilities shall be calculated using net usable floor space. Such net space shall be calculated by excluding from square Page 2 of 4 ,~ .. . footage computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used or covered by furnishings, office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net space, and would include those areas such as offices, waiting and assembly areas, courtrooms, conference rooms, jury rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. (5) Industrial Uses: Industrial, Warehouse 1 per 1 ,000 square feet off/oor area up to 20,000 square feet plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 1 per 4,000 square feet of floor area over 40,000 square feet (6) Use Not Specifically Listed: Parking spaces shall be the same as required for the most similar listed use. (LDR 1998, 9470; Ord. No. 815, 91, 2-4-03) SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this ,2006. of James E. Kirk, Mayor Page 3 of 4 . ... ~ -lfI/f'r ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this _ day of ,2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 4 of 4