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2007-01-18 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS JANUARY 18, 2007 SUMMARY OF BOARD ACTION 137 I I. CALL TO ORDER - Chairperson. Planning BoardIBo;rrd of Adjustments, January 18,2007,6:00 p.m. Chairperson Ledferd called the January 18, 2007 Planning BoardIBoard of Adjustment and Appeals meeting to order 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE _ Secretary. Board Secretary Clement called the roll: I 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 Member Epifanio Juarez Alternate Member Mike 0' Connor Attorney John R. Cook Planning Staff - Jim LaRue Secretary Betty Clement Present Present Present Present Present Present Present Present Present Present Present (Bill Brisson represented LaRue Planning) Present III. MINUTES - Secretary. A. Discuss minutes from October 19, 2006 Planning Board. Discussion of October 19, 2006 minutes to be held at the end of the meeting. B. Motion to dispense with the reading and approve the Summary of Board Action Board Member Burroughs moved to dispense with the reading and approve the Summary of Board for the December 21,2006 regular meeting. Action for the December 212006 regular meeting; seconded by Board Member Hoover. I LEDFERD-YEA BURROUGHS-YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL-YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA IV AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. QUASI-JUDICIAL: A. Consider a Special Exception No. 07-00 1-SE to allow an adult entertainment establishment within an Industrial (IND) Zoning District (ref. LDR's Sec. 90- 343(10)) submitted by Steven Game on behalf of property owner Charles Fanner. The subject property is located at 508 Northeast 9lh Street. - Planning Consultant. January 18,2007- PBIBOA - Page 2 of 15 New Business Item C was deferred until the February 15,2007 meeting. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:08 P.M. Due to the high number in attendance at the meeting, the Special Exception Petition was moved to the beginning of the meeting, as the majority in attendance were present for this item. Those who were not in attendance for this item were asked to temporarily move into the Administrator's office since the meeting room was over the maximum allowed capacity set by the Fire Department. Additional citizens also viewed the public hearing downstairs through the television monitor. Consider Special Exception Petition No. 07-00 1-SE to allow an adult entertainment establishment within an Industrial (IND) Zoning District (ref. LDR's Sec. 90-343(10)) submitted by Steven Game on behalf of property owner Charles Farmer. The subject property is located at 508 Northeast 9th Street. Legal description: Lots 1 through 3 and the North 40 feet of Lots 4 through 6, and alley between said Lots of Block 51, City of Okeechobee, Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. Mr. Bill Brisson, Senior Planner with LaRue Planning and Management, City Planning Consultant presented the Planning Staff Report. This was Mr. Brisson's first meeting with the City, he briefly gave his back ground, he has 35 years of experience working all over Florida as a planner. He has testified in court as an expert witness on 17 zoning, land use and eminent domain cases, and wrote the district requirement for the City of Sarasota regarding adult entertainment. After extensive Planning Staff discussion regarding Code Book Section 90-343(1O)b.5., Staff has revised the comments and recommendations from original Planning Staff Report. The initial Staff Report recommended approval if the proximity of land in a future land use category does not violate the distance requirements. If approved, the adult entertainment special exception must fully meet all the requirements of Ordinance No.743 and assure that no alcoholic beverages, beer or wine will be served, or consumed on the premises, hours of operation are not during school hours, and the establishment is in full compliance with City rules regarding parking, landscape, and building code safety requirements. Further, the following conditions are also recommended, at least one off-duty law enforcement officer employed by the adult entertainment facility be present during hours of operation to ensure that Ordinance 743 is fully complied with, and patrons andlor customers are prohibited from congregating outside the building. I 139 January 18, 2007 - PBIBOA - Page 3 of 15 v. PUBLIC HEARING CONTINUED. A. Consider a Special Exception No. 07-00 1-SE continued. Mr. Brisson distributed copies of the revised Planning Staff comments and recommendation. Th revision states: Section 90-343(10)b.5 of the Land Development Regulations (LDR) prohibits an adult entertainment establishment within 500 feet of an area zoned for residential uses. Staff is of the opinion that property zoned Holding (H) qualities as an area zoned for residential uses. Specifically, the H District, as described in the earlier zoning district under which these lands were zoned, allows single-family dwellings as a permitted principal structure. Therefore, the location of an adult entertainment use on the subject property would violate Section 90-343 (1O)b.5. The Planning Staff recommends denial of the application pending the City Attorney's concurrence of the Staff's position. Attorney Cook concurred. I Mr. Brisson announced that he was ready to take questions and comments from the Board and the public. Chairperson Ledferd asked Mr. Brisson, based on these comments and recommendations you are moving from approved to disapprove? Mr. Brisson replied that is correct. We would recommend to deny or disapprove the application. Primarily based on the fact that it does violate the 500 feet separation requirement from land zoned for residential use and also a few of the other minor less stringent requirements that were set forth in the original report. Chairperson Ledferd asked whether the Board had any questions at this time for Mr. Brisson? There were none. He then asked Mr. Game whether he wanted to address the Board. Mr. Game replied that he had nothing to say except the state law gives the right to proceed with the business of adult entertainment as long as the requirements are met. Chairperson Ledferd asked whether there were questions or comments from the public, they would need to come to the podium and state their name for the record. He also requested that everyone try to keep their comments under three minutes n order to give everyone a chance to speak. I Those addressing the Board opposed to the special exception were Pastor Joe Bishop of the Fountain of Life Church; and Pastor Larry Kilgore of the Church of God. Also Pastor Alton Padgett, Jr. Of the Bassinger Church of God; Youth Pastor Brian Dryden of the Church of God and 9th grade school teacher; Pastor Edward Stewart of the New St. Steven African Methodist Church; Jeff Finkston of Bethel Assembly of God; residents Rebecca Barber, Bertha Boswell, Rodriquez Hernandez, Charlotte Delegall, Kate Preston, Mirriam Derrick and William Mason. 140 January 18, 2007 - PBIBOA - Page 4 of 15 V. PUBLIC HEARING CONTINUED. A. Consider a Special Exception No. 07-001-SE continued. Lastly, Sheriff Deputy John Rhoden briefly gave statistics regarding adult entertainment businesses and how they burden the community they are located in. Chairperson Ledferd thanked everyone for their comments. However, the Board's decision cannot be based on moral or ethical feelings. Land use decisions must be based on legal requirements and those requirements are set by the State Legislature, County Commission and the City Council. Any citizens who want to address the actual law would need to take that up with the actual legislative government body. Board Member McCoy noted that in addition to the revised Planning Staff findngs regarding the residential uses not allowed within 500 feet, the impact to the property values could also be looked at as an adverse effect to the surrounding area where it also is one of the requirements for granting the special exception. Board Member Maxwell agreed that this is at least two technical requirements the applicant has not been able to meet. Board Member Hoover made a motion todeny Special Exception No. 07-00] -SE to allow an Adult Entertainment Establishment within Industrial Zoning District based on the Planning Consultants report and the fact that he has proven that is a zoning category within 500 feet of the proposed business that permits residential use, and therefor this application violates Code Book Section 90- 343 (1O)b.5; seconded by Board Member McCoy. LEDFERD - YEA BURROUGHS - YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER - YEA MCCOY - YEA A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -OOl-SSA Application No. 07-00 1-SSA. GA Land & Cattle Co and George A. Goodbread was submitted by Brad Goodbread on behalf of the property owners, G-4 Land & Cattle Co and are the property owners. The application is to change the Future Land Use George A. Goodbread. The application is to requesting to change the Future Land Use designation designation from Single Family (SF) to Commercial (C) for property located at from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2nd Avenue. 2104 Southwest 2nd Avenue - Planning Consultant. 141 January 18,2007 - PBIBOA - Page 5 of 15 v. PUBLIC HEARING CONTINUED. I A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA continued. Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition, as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida and is approximately 0.650 acre(s). The proposed use of the vacant property is light commercial. Mr. Brisson presented the Planning Staff Report, and recommended denial based on the inconsistency with the Future Land Use Element. The subject property is within the Single- Family Future Land Use category and the RSF-1 Zoning District. I Subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single-Family Future Land Use category. Public facilities would be available but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. The change from the Single-Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Discussion ensued with the Board regarding expanding the commercial area into the residential section. Mr. Goodbread, addressed the Board stating that three sides of the property are residential, out on the East side has commercial uses. Light Commercial is a reasonable bridge to residential. Southwest 2nd Avenue has turned into a Light Commercial area due to the cost of real estate on Parrott A venue. He explained that he would like to use this property for an overflow parking lot, due to the proximity of the Heavy Commercial (CHV) block to the East. I Board Member Burroughs noted that the property could not be used for a parking lot without a special exception. Board Member Maxwell noted for the record that Mr. Goodbread contactedhirn and they discussed the property prior to the meeting. Chairperson Ledferd asked for comments from the public. Mr. Bobbit stated that he lived on Southwest 2nd Avenue just North of the intersection of Southwest 21 st Street and South Parrott A venue. 14 V. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-00 1-SSA continued. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. - Planning Consultant. January 18,2007- PBIBOA - Page 6 of 16 The area is already suffering from the increased traffic. He considered this spot zoning, and that is going to influence the quality of life of the residents in this area. He was opposed to the application. Mr. Larry Julian representing Janice Newcomer a resident of this area also was opposed to this application. Mr. Wayne Radford, Southwest 3rd Avenue, reported that the traffic is bad, and he is opposed to the application. Mr. Sizemore, also spoke in opposition to the application. Chairperson Ledferd asked whether the Board had any further questions? There were none. Board Member Hoover made a recommendation of denial for Comprehensive Plan Small Scale Future Land Use Map Amendment application No. 07 -00 1-SSA to change the future land use from Single Family to Commercial based on the Planning Staff Report,and that it was not found to be consistent with the Comprehensive Plan; seconded by Board Member Burroughs. LEDFERD-YEA BURROUGHS-YEA JOHNS-YEA VOTE HOOVER-YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA Application will be forwarded in ordinance fonn for a final Public Hearing on February 6, 2007 before City Council. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 002-SSA submitted by property owners, Glenda Bellamy and Renee Ellerbee. The application is requesting to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. Legal description: Lot 1 and 2 of Block 185 according '[0 the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee ,.' County, Florida and is approximately 0.54 acre(s). The proposed use of the property is for a professional office. Mr. Brisson presented the Planning Staff Report that recommends denial based on not being consistent with the future land use in the area of single family and traffic impact. 143 January 18,2007- PBIBOA - Page 7 of 15 v. PUBLIC HEARING CONTINUED. I B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA continued. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single Family Future Land Use category and not allowing the Commercial to encroach west of Southwest 2nd A venue. The intent of the Future Land use Element and Future Land Use Map is to manage future growth in a compatible manner. In implementing the plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding area, and shall discourage urban sprawl. I The applicant's request to amend the Future Land use map would be inconsistent with the Future Land Use Element. The subject property is within the Single Family Future land Use category and Residential Multiple Family (RMF) Zoning District and is already developed with a single family residence. Public facilities would be available, but traffic impacts could be substantial. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Mrs. Renee Ellerbee addressed the Board regarding her application by stating that she is being displaced from her current location due to development. Mr. Randy Ellerbee distributed copies . . of the surrounding area noting the existing commercial uses, regardless of the fact that the land use is single family. There are a significant number of commercial uses which have been in operation prior to the Future Land Use Map being adopted therefore the office would be a better fit that a residence. I Chairperson Ledferd asked for any comments from the public. There were none. Board Member Burroughs moved to recommend to the City Council to approve Comprehensive Plan Small Scale Future Land Use map Amendment Application No. 07 -002-SSA; and that based on the additional documentation provided by the applicant, that the application would be consistent with the Comprehensive Plan; seconded by Board Member Johns. 14 January 18,2007- PBIBOA - Page 8 of 15 V. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA continued. LEDFERD - YEA BURROUGHS - YEA JOHNS - YEA VOTE HOOVER - NAY MAXWELL-NAY MOTION CARRIED. KELLEJl- YEA MCCOY - YEA Application will be forwarded in ordinance form for a final Public Hearing on February 6, 2007 before City Council. C. Consider Rezoning Petition No. 07-001-R. William Mason is the property ConsiderRezoningApplicationNo.07-001-R,submittedbythepropertyowner, William Mason. owner. The application is to change the zoning designation from Holding (H) to The petition is requesting to change the zoning designation from Holding (H) to Residential Single Residential Single Family-One (RSF-1) for property located at the West Entrance Family-One (RSF-1) for property located at the West Entrance of the Commerce Center. of the Commerce Center - Planning Consultant. Legal description: all that portion of the following described land less and excepted the right-of- way of Northeast 9th Street: being more particularly described as follows: Beginning at a point' on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast comer of Block 1, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, run thence South to the Northeast corner of said Block 1; thence run Southerly, along the Eastern Boundary and the Southerly projection thereof, of Blocks 1, 16, 17,32,33,34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Airline Railroad right -of- way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, to the Western Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Westem Shore Line of said Creek, as now located, to the intersection with the North Boundary Lihe of said Section 15; thence run West, along said North Section Line, to the Point of Beginning. Lying in and comprising a part of the NW one-quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. Lots 1 to 18, inclusive of Block 17, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 1 through 3, Block 32, Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page 5, Public Records ofOkeechobee County, Florida. Lots 4 through 7, and Lot 12, Block 32, . City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 22,the Plat thereof' recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Lots 1 and 2, Block 33 and Lots 1 through 6, inclusive, Block 34, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County. January 18,2007- PBIBOA - Page 9lf ~ 5 V. PUBLIC HEARING CONTINUED. I c. Consider Rezoning Petition No. 07-00 1-R continued. Mr. Brisson presented the Planning Staff Report that recommended approval of Petition No. 07- 001-R. The proposed single family use and RSF-1 Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. Section 90-1 02( 1) of the City's Land Development Code allows single family dwellings as a permitted use under the RSF-1 zoning. The proposed single family use and RSF-1 Zoning District will not have an adverse effect on the public interest. A single family dwelling would be appropriate for this location and compatible with the surrounding land uses and would not adversely affect property values or living conditions. The proposed use will not create a density pattern that would overburden public facilities. Traffic congestion, flooding or drainage will not be a problem for the site. By allowing the applicant to develop the property under the RSF-1 Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen un the same circumstances. Staff recommends approval of the request. I Chairperson Ledferd asked whether the Board had any questions for the Planner? Board Member McCoy inquired about public utilities? Mr. Mason responded that water is available by the Okeechobee Utility Authority, and he has obtained a permit from the Health Department for septic tanks. Chairperson Ledferd asked whether there were comments from the public? There were none. Board Member Maxwell made a motion to recommend to City Council to approve Petition No. 07-001-R to change the zoning designation from Holding to Residential Single Family-One; seconded by Hoover. I LEDFERD - YEA BURROUGHS - YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER - YEA MCCOY - YEA Petition will beforwarded in ordinance form for a final Public Hearing on February 20,2007 before City Council. 14 January 18,2007- PBIBOA - Pa e 10 of 15 V. PUBLIC HEARING CONTINUED. D. Consider Rezoning Petition No. 07 -002-R. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4th Street - Planning Consultant. Consider Rezoning Petition No. 07-002-R, submitted by property owners, Glenda Bellamy and Renee Ellerbee. The request is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CRV) for property located at 203 Southwest 4th Street. Legal description: Lots 1 and 2 of Block 185 City of Okeechobee Subdivision. Mr. Brisson presented the Planning Staff Report that recommended denial for Petition No. 07 -002- R. However since the Board recommended the companion Application No. 07 -002-SSA land use change a zoning change would be appropriate. However, Heavy Commercial is not an appropriate transition. A lighter zoning would be better, such as Light Commercial or Commercial Professional Office. Chairperson Ledferd asked the applicant, whether Commercial Professional Office zoning would be agreeable with her? Mrs. Ellerbee replied yes. Chairperson Ledferd inquired whether there were any comments from the public. There were none. Board Member Burroughs moved to recommend approval of Rezoning Petition No. 07-002-R from Residential Multiple Family to Commercial Professional Office to the City Council; seconded by Board member McCoy. LEDFERD - YEA BURRODGHS-YEA JOHNS - YEA VOTE HOOVER - NAY MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA Petition will beforwarded in ordinance form for a final Public Hearing on February 20,2007, before City Council. CLOSE PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 8:03 P.M. 147 January 18, 2007- PBIBOA - Page 11 of 15 VI. NEW BUSINESS I A. Consider recommendation to amend Billboard Policy - City Attorney. Attorney Cook requested that the Board consider amendments to the sign regulations, including but not limited to billboard signs. At the October 19,2006 meeting he submitted a memorandum highlighting various areas of the sign regulations which needed to be changed, but the memorandum did not encompass all the areas, therefore he did not seek a recommendation from the Board at that time. I The City Council placed a moratorium on issuing billboard sign permits due to the confusion in the sign regulations. The code book refers to off-premises signs as billboards, which will be defined in revised language as one which directs attention to a building, profession, product, service activity or entertainment not conducted, sold or offered on the property upon which the sign is located, and are usually found along or near a major highway, and are such size and design as to catch the attention of the motoring public. The locations of these signs are controlled by the permitted size of a sign, plus additional factors such as setbacks and other restrictions. Currently what is typically considered to be a billboard would not be permitted in Commercial Professional Office (CPO) zoning districts, as the size limits are tied to street frontage and would be much smallcr. Further, the definition of ground signs and off-premisses signs on the same propcrty will be clarified. Due to the many obstacles placed on cities by the courts, amending the sign regulations are difficult. They must be carefully drawn for instance, to avoid placing too much discretion with the permitting official, avoid preferring commercial sign content over non-commercial sign content, and in the permitting and placement of signs. Essentially we cannot adopt regulations that actually work to control sign content, which would be an impermissible infringement on the property owners first amendment rights. I In essence Attorney Cook is seeking a recommendation of approval from the Board to authorize him to completely re-write the existing sign ordinance to conform to mandates of recent case law. Unless the Board objects, the specific changes will not come back for a fmal recommendation, but will go directly to the City Council. Any board member may request a copy of the ordinance once it is prepared and add their input to either Attorney, the Administrator or the Council at the meetings. 14 VI. NEW BUSINESS CONTINUED. A. Consider recommendation to amend Billboard Policy continued. B. Consider Recommendation to create Special Exception to Sexual Predator Ordinance - City Attorney. January 18, 2007- PBIBOA - Pa e 12 of 15 Board Member McCoy moved to authorize Attorney Cook to completely re-write the sig1 ordinance Chapter 90 Article IV Division 5 and recommend approval to the City Council, seconded by Board Member Burroughs. LEDFERD - YEA BURROUGHS - YEA JOHNS-YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER - YEA MCCOY - YEA Attorney Cook advised that the City Council recently adopted an ordinance that restricts the residence of convicted sexual offenders. The ordinance requires that certain areas of the zoning districts be amended in order to allow specific permitted uses and special exceptions uses for the types of housing and half-way housing for these types of offenders. Distributed just prior to th:' meeting was a draft ordinance that amended Section 90-343 Industrial Zoning district. Specia Exception Uses adding the following language: (11) Rehabilitation or half-way homes. (a) Thai as provided in Ordinance No. 967, and included in Section 38-43, rehabilitation facilities or half- way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. (b) That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida. (c) That such facility shall at no time house in excess of six (6) sexual offenders, excluding employees and staff of the facility. (d) That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry. (e) That such facility shall not be located within 1500 feet of school, public or private; a child care facility, church, public park, or a zoning district ofRSF-1; RSF-2; RMH; RMF. (f) That sexual offender is defmed as any person convicted under, the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. Board Member Maxwell moved to recommend approval to City Council the above amendment to Sec. 90-343 (11) Special Exception use category under the Industrial Zoning to allow the treatment and rehabilitation facilities or halfway houses; seconded by Board Member Hoover. January 18,2007- PBIBOA - Page 13 ! 119 VI. NEW BUSINESS CONTINUED. I B. Consider Recommendation to create Special Exception to Sexual Predator Ordinance continued. LEDFERD - YEA BURROUGHS - YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA c. Administrative Appeal - Steven A. Ramunni. The Administrative Appeal regarding Building Permit No. 420-06-07 issued in error for improper zoning district was deferred until the February 15, 2007 meeting. III. MINUTES CONTINUED. A. Discussion of October 19, 2006 minutes. Minutes discussion for the October 19,2006 Regular meeting moved to end of meeting. Clerk Gamiotea addressed the Board by thanking them for the good job they do. The motion in question was to recommend to City Council for approval of Comprehensive plan map Amendment Petition No. 06-012-SSA. There has been some confusion as to whom was and was not a voting member during this item due to Mr. Maxwell arriving late and Mr. O'Connor being put in the voting members position. The first item necessary will be a motion to rescind the previous action taken at the December meeting to approve the October minutes. I Board Member Burroughs made a motion to rescind the action taken at the December 21,2006 meeting to approve the October 19,2996 minutes; seconded by Board Member McCoy. LEDFERD - YEA BURROUGHS - YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA I Clerk Gamiotea then requested a motion be put on the floor to approve the Revised October 19, 2006 minutes so that the items being revised could be discussed. Board Member Burroughs moved to approve the revised October 19,2006 minutes as presented; seconded by Board Member Maxwell. Clerk Gamiotea distributed revised minutes and noted each change as follows: 15 January 18,2007- PBIBOA - P e 14 of 15 III. MINUTES CONTINUED. A. Discussion of October 19,2006 minutes continued. Page One, the time of the meeting was changed to 6:00 p.m.; A notation was added that Mr. O'Connor was temporarily moved to a voting member position; the motion and seeond were. switched for the approval of the September 21 minutes; Maxwell was noted as absent and O'Connor was noted as voting yea. Page Two, Item V A 2. During the vote Maxwell was noted as being absent and O'Connor as voting yea. Page Five, Item V.A.3. the second to the motion was changed from Maxwell to O'Connor. The vote was changed to reflect Maxwell as voting yea and 0' Connor no loner a voting member. The following notation was added to the end of page ten: Due to the 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 Sccretary called thc eITor to the Chairs attcntion that an alternatc wa\ seconding a motion when the voting member, he was sitting in for, had aITived, and thcrefore 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 a 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. Chairperson Ledferd added that in order to keep this from happening again once he seats an alternate in a voting members seat, they will remain there for the rest of the meeting. The alternate will need to physically move to the chair of that voting member on the dias. Secretary Clement's cell phone number was also distributed so that board members may call her to advise when they were running late to a meeting as well. LEDFERD - YEA BURROUGHS - YEA JOHNS - YEA VOTE HOOVER - YEA MAXWELL - YEA MOTION CARRIED. KELLER-YEA MCCOY - YEA January 18,2007- PBIBOA - Page 1!fg5 1 I I I III. MINUTES CONTINUED. A. Discussion of October 19, 2006 minutes continued. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, ATTEST: / Clerk Gamiotea added that members needed to be sure they are stating for the record any conversations or communications they have with any regarding land issues. The Commission on Ethics takes this very serious and by law they must report who they spoke with prior to the vote taking place. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 8:40 p.m. 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 DAIL Y Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached cogadvertiseml=nt, being a . . I . i_JJtC/ ~f!J2;; r;)e~ da . ill ~ . ail j /I(j L(107/L!ZJ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of II ~) I I,Q J 07 I 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, finn or corporation any discount, rebate, commission or refund for the purpose 01 securing this advertisement for. publication in the said newspaper. ) -1.-/. .~ / /' Sworn to)and subsc 'be " , Public Notice 5005 Public Notice 5005 PUBLIC HEARING NOTICE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS NOTICE: The Planning Board/Board of Adjustment and Appeals of the City of Okee- chobee, flonda will meet on Thursday, Janulry18, 2007 It 6:00 p.m. or as soo!l therea"er as possible, The meeting will be held at City Hall, 55 Southeast3rd Ave. nue, in the Council Chambe~, Room 200, Okeechobee, flonda. The items of con. slderation at this meeting are: Conduct a Public Hearing to Consider Comprehensive Plan Small Scale future Land Use Map Amendment Application No, 07.001-SSA, G-4 Land & Cattle Co and George A, Goodbread are the property owners. The application is to change the fu. ture Land Use designation from Single family (Sf) to Commencal (C) for property located at 2104 Southwest 2nd Avenue, Legal descnption: Lots 1 through 4 of Block 2, Royal Oak AddltiO!l, as recorded in Plat Book 1, Page,B, Public Records of Okeechobee County, flonda and is approximately 0,650 acre(s). The proposed property IS being considered for light commencal use. Conduct a Public Heanng to Consider Comprehensive Plan Small Scale future Land Use Map Amendment Appncation No. 07.002.SSA. Glenda Ballamy and Re. nee Ellerbee are the property owners. The application is to Change the future Land Use designation trom Single family (SF) to Commercial (C) lor property located at 203 Southwest 4th Street. Legal description: Lot 1, Block 165, Town of Okeecho. bee, according to the Plat thereof recorded In Plat Book 2, Page 17, Public Records of Okeechobee County, Aorida (formeny St. Lucie County); together with that part of abandoned North Curve Street and florida East Coast Railroad right.of-way de- scribed as follows: from the Southwest corner of Lot 7, Block 1 B5, corner of said Lot 7 for Point of Beginning; thence east on extended line to the Intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kis- simmee Street to Intersection with the North line of North Curve Street; thence Southwesteny along the North boundary line of said North Curve Street to the Point , of Beginning; Less the following: from the Northwest comer 01 Lot 6. Block lB5, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Westem boundary of salo Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary 01 said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the Point of Beginning; and lot 2, Block 185, and the North O!le. hall of abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, ac. cording to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, florida and is approximately 0,54 acre(s), The proposed use of the property is for a Professional OffIce, Conduct a Public Heanng to Consider Rezoning Application No, 07.001-R. WlI. liam Mason IS ,the property owner. The appllcatiO!l is to change the zoning designa. tion trom Holding (H) to Residential Single famliy.One (RSf.l) for property located at the West Entrance of the Commerce Center. Legal description: aU that portion of the following descnbed iand less and excepted the nght-of-way of Northaast 9th Street: being more particularly descnbed as follows: Beginning at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast comer of Block 1. Okeechobee. according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, now recorded In Plat Book 5, Page 5, Public Records of Dkeechobee County, flonda run thence South to the Northeast corner of said Block 1; thence run Southe~y, along the Eastern Boundary and the Southeny projection theraof, of Blocks 1, 16, 17, 32. 33, 34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Ai~ine A~Iroad right-ol-way; thence run East, along tha North line of the Seaboard Ainlne R~lroad right.of-way, to the Westem Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence run Northeny, mean- denng along said Westem Shore Line of said Creek, as now located, to the Inte~ec- tion w~h the North Boundary Line of s~d Section 15; thence run West, along said, North Section Line, to the Point of Beginning. Lying in and comprising a part of tha NW quarter of Section IS, Township 37 South, Range 35 East, Okeechobee County, florida, Lots 1 to lB, inciusive of Block 17, Okeechobee, according to the Plat thereof recorded In Plat Book 5, Page 5, Public Records of Okeechobee County, florida Lots 1 through 7, Lot 13 andlot 26 Biock 32 , Okeechobee according to the Plat thereof recor~d in Plat Book 5, Page 5 of the Public Records of Okeecho. bee County, Florida, Lots 1 and 2, Block 33, and Lots 1 through 6, Inclusive, of Block 34, Okeechobee according to the Plat thereof recorded in Plat Book 5, Page 5 Public Records of Okeechobee County, Conduct a Public Heanng to Consider Rezoning Application No. 07-002.R. Glen- da Bellamy and Renee Ellerbee are the property owners, The application is to change the zoning designation from Residential Multlpie family \RMf) to Heavy Commerciai (CHY) for property iocated at 203 Southwest 4th Stree . Legal descnp- tion: lot 1, Block 1 B5, Town of Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of Okeechobee County, florida (Iormerly St. Lucie County); together with that part of abandoned North Curve Street and flonda East Coast Railroad right-ol.way described as follows: from the SouthWllst comer of Lot 7, Block 185, comer of said Lot 7 for Point of Beginning; thence east on ex- tended line to the Inte~ection with the West boundary line of Kissimmee Street; thence North along s~d West Une of Kissimmee Street to intersection with the Nor1tJ line of North Curve Strffi; thence Southwesteny along the North boundary lina of said North Curve Street to the Poillt of Beginning; Less the following: from the Northwestcorner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6. a distance of ISO fffi for the Point of Beginning; thence run South on a line Parallel to Westem boundary of said lot 6 a distance of 100 feet; thence run East on a line parallel to the Northem Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Klsslm. mee Street a distance of 100 feet, thenca run West to the Point of Beginning; and Lot 2, Block 185, and the North one-halfof abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, florida. Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow an adult en- tertainment establishment within an Industrfal (INO) Zoning Oistrfct (ref. LOR's Sec, 90-343(10)) submitted by Steven Game O!l behalf of property owner Cha~es farm- er, The subject property is located at SOB Northeast 9th Street. Legal description: lots 1 through 3 and the North 40 feet of Lots 4 through 6, and alley between s~d lots of Block 51, City of Okeechobee, Plat Book 5, Page 5, Public Records Okae. chobee County, florida, Petition No, 07.001.SE. ConSider any proposed amendments, submitted by City Staff or citizens, to the ComprehenSive Plan, which include the land Development Regulations (LOR's) and render a recommendation to the City Council for consideration and final adoption. A copy of the entire application(s) and agenda are available in the General &lrvices Office, Rm 101 at City Hall or by caUlng Betty Clement,at (8631 763-3372 x 21B. Please be advised that the Board of Adjustment and Appeals wllf serve as the deci- sion making body (quasi-judicial), on behalf 01 the City, to approve or deny SpeCial exceptions or Variance Applicatio.n(s). The Planning Board will make recommenda. tlons to the City CouncU for conSIderation and final adoption of Comprehensive Plan ~~:~~~:~;' Rezoning Applications and Land Oevelopment Regulations (LOR'S) : ' : I '" PLEASE TAKE NOTICE ANO BE ADViSEO that If any pe~on desires to appeal any d,~i~on made by the Planning Board/Board of AdjustmentS and Appeals with re- spect to any matter considered ~ this meetinq, or heari~ will need to ansure a ver- batim record of the proce~d,ngg>,s 'made, which record Includes tha testlmonyand ~yidance upon which the appeal is to be based. Tapes are used for the sole pur. pose of back-up for the Clerk's OffIce. In accordance wllh the Amencans with Disabilities Act (AOA) and flonda Statute 28626, persons with disabilities needing special accommodation to partiCipate in thiS proceeding should contact Betty Clement, no later than two (2) working days pnor to the proceeding at B63.763.3372 x 218; If you are heanng or voice impaired call TOD 1-800-222-344B (voice) or 1-B8B-447-5620 (TlY). ' BY: Bnan WMehaU, Zoning Administrator 184387 ON 1/3,12/07 g:LflfIf{. PAGE -1- CITY OF OKEECHOBEE - DECEMBER 21, 2006 . PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: & : 01/ January 18, 2007, Planning Board/Board of Adiustment and Appeals Reaular Meetina ~p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present 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 Absent ( Attorney John R. Cook Planning Staff - Jim LaRue~ b~ Secretary Betty Clement A. III. MINUTES - Secretary. Board Member &~moved to dispense with the reading anpiapprove the Summary of Agency Action for theGctobe~meeting; seconded by Board Member~ . ~el'l1 bey- Oll J dOO ~ Y A NA Y ABSTAIN ABSENT NOT SERVING AS A VOTING MEMBER VOTE LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR n n I. . ri MOTION: ~. IV. AGENDA - Chairperson. A. iscuss minutes from October 19, 2006 PI~ing Boar~9ard of j\djustments and Appeals. kiR... - ~vJPrx ~-"--Z5 ~~ . ~ (J7-( W'-I!k>- n u~ F~~ _ --~-L--Jz~J^--f&~ f3>cttLV~ - 600d sM~ - pake f1f(51-zt-ke~ "Motion to dispense with the readfrtg arlfapprove the Summary of ~anning BoardIBoard of Adjustment and. Appeals Action for th~cember 21, 2006, regular meeting. ~ t~~~i"... - ('AJI,",,~~ ~ - .. ,,,\ A~OVf.- Ih~ - ~ ... ~id~; \ .. .. fiJ D(JV1J, -- ? s - Iv [PCL bu(v~ nlL,lLiL-~ 'Y^..~~11-6lM-'-k~~~-;f~~~ ~~.~- ~_~~-~~~i,~ ~+->FM- ' ~~~Lf: - ~.~~~-~Ql{q( (i-{/J~ h-,''-e---f L<-- /~ - a~ ~ ~4 at J-~dv-~ -~'---- ~~ ~~~ H -~~ ~- j)(~ ~ ~'-~~ ..1 's ~ t.~ ..1f- ~ t1:- fi1 trh on.. 7 t>~~.~- ---- ~ rUt i/~d l1\o-h~. ~ .-- -~ -j}U4 ~ ~ rc ~~. 12LZ"-- fa! >sJ) oct- r1crh~ ~ ~ ~j ct.. 'Cr~ J2iv r s.: ~M~'CI~- -txsc u ~I 0 fJ - D I ~~ - "'f+ (h.,,,,';,s4 ''Y'iJ-~~ ~~ <5>^ ~'I.~ t ~( l() ~ " , )/UQ.~ LlITe - ~1F~' fMWL- - {:u~ - ~ uil/,<,k~ </k. ~u.......ti., - a."'j1JY--'- .~. -1-0 ~' t" f~ ./0 bfi(ro..-<....- - 0fw ~ sfoUd ~a:( ,l0U S~ - Pcle.P~~ aM .~ t. J~i:r-- 6Uc~Ll ~14" ~'n~tJ-o~ Sj.u'JJR-~'~IUw;~ . Jv;ulier Jft '-ft"D'- - 0. "-rILL'-c1 - ~'-<-L '-In ~ P-efJ(p {~Q9Ji - ; PAGE -2- IV. AGENDA - Chairperson. A. ReqUests. fo.r the addition, deferral or withdrawal of ite~ on)oday'~ agen~ .I .#I , J / W~~c.-~.vv~ fo s+ymvL +0 h c *,. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT ~ lIS P.M. A. Comprehensive Plan Map Amendment Application No. 07-001- SSA - City Planning Consultant 1. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA. G-4 Land & Cattle Co and George A. Goodbread are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2nd A venue. Legal description: Lots I through 4 of Block 2, Royal Oak Addition, as recorded in Plat Book], Page 8, Public Records of Okeechobee County, Florida and is approximately 0.650 acre(s). The proposed use of the property is Light Commereial. b.u:t \~>> /' ~ -&J~- f~~ <;- -!~-\.f~~~2.~ r~~' ~~ 6-o.A- S~ eNd. 'f. 'd:~ u---.{;, ~.:i;!L-t e,f' ~ Ll.1, ~ ;J ~ ~~ l0 M u,,' p..- , l.0,h d- fl.-..- - \)~ ~ . P\OT~-T h L-' %;,~ fI-..-- . ~ v-y - ~ -_ ~ ~ ~. ~ W s....4 .Q+. ~ . 7~~-OAh~~' ~s:.-~.~ -I~' ~.tvr}f--::;~ ~ - I ~ _ ~ . ~~1fI ~ ~ -'^I-f........MVi0 ;; h1. ~. f}.u-L-~ f~'1 0_ . '-f'< 9. > f.,e4, t4v~~~ D ~ ~!:dw-, ~ , . i)~ - b..JL.--{ ,..(hJ ~ ~?~~-~w~ ~ ;:e~~~~' ~'"tti5>~ f~ e-t""1- ~ ~~.. f\^-.rJ-f~ ft, O-,J{, ~ s. ? V~d:;" ~ ,f~........... - M~W_L1../- ~~~,....J- ~.>-o-(~......J~~~~ ~<.U - [5U<:.. ~ VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS A '10TWG MEMBER Ij!' LEDFER -- HOOVE BURR UGHS KELL R AX ELL M Y JO JU AR 0' ONNOR MOTION: PAGE -3- B. Comprehensive Plan Map Amendment Application No. 07-002-SSA. - City Planning Consultant , \ 1. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. Legal description: Lot I, Block 185, Town of Okeeehobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of Okeechobee County, Florida; together with that part of abandoned North Curve Street and Florida East Coast Railroad right-of-way described as follows: From the Southwest corner of Lot 7, Block 185, corner of said Lot 7 for Point of Beginning; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the Point of Beginning; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeeehobee, run thence East along the North I ine of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thenee run West to the Point of Beginning; and Lot 2, block 185, and the North one-half of abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida and is approximately 0.54 acre(s). The proposed use of the property is for a Professional Office. lc'(;..h-)p~ Si:"1t~. 5F cn'lFC~ dY\(~ ~ S~~ r: ~ w v--e - .~ [, YY\01-z ~<L-:Wi 'h, fu2~ s: C:-U. . ~ r~ . C> C"". +...v-> ~ -h _ n. J. \ ~ ~ {).-tk~-JL".J1.-~j- " S .Y_--.': :"~-CO - ~~'^'-- /'--t--- -- V lJ L ~., - .~q.;;v-- -0. f\ 10cl'-,~-<~,j _ -\- N-1k - "-""-'"'~'~--" L. _ 'tk- ~ r<~ ~ - ~~~_a-4-~ ~*' '; '~%l'>'-- ~.~.Jf.~~~~~~J~~- ~-~ ~~ l~~_~w k ~ 7J ~ ~ "'-<T tL- 'r>--f ~ ~'ik~ pJ-'-"f - ML~, <()~-~q~~Il~ ~~ab4-~. ,"t-/-c ~ ~~_ DlSL.- _ ~ v.\~~ IJ'--- ~ fPIJ . Wh_- ~ ~)JfIA- I t~f-- -+ .0/-'~ ~ ~w--<1P - 7. ~ - --iJ r I ~ [:, )~. sf/> ~~ ,(h-/4- -~ ~J<-U- j T~ ~ D 7' ~ F {-. L :;:Z:;::~L w.:J /u- f,S F-t5L /?;vt r ~~~ __J2odL ~--r r-r~ w~a.~ -f\~- ~\~~ ~.~WbDdd~~~~!J~ -f /1 ~~ \ 4-m -~~,O t0~. . ~ (;~- DISC- r Lv.tu-... -~ 0>1 C(J~ '&.-_ "^f~- ~f~c).d- _ ~.~ 0 ~,_ ;J,.!-~~ --'-<J_~ c~:!)~C ~. ~ ~~ (~~)~~U'- 4tcuu . ~~~luJ.-t-~~ ~v~ ~>~ s-~~w~k ~hu-~ :S-) ( C ," ,r J)~ (;JL1/ JU- vt I /) &JI - ~~ ,'-tv ~ ) '1A@ ~ ?rlm-- fY\~, Xh-I<,' ~ ~ s ~ .w~j\i-i/' ~)/ . :~T~ ~~~b~~~. ~4-~~ U- f;tSC'-. ~- ~ Jr'M- ~ 71-<-'- -I~', ~ ~'--rlD+-~~ - NIT S06 ~,~." ,~~~ 0-' \ 11 r;- ~v-:., W:tr; Coo p . bm-1~S~~/ ~Lu- . 0~ - htl sJ 6v- ~~~~~~~ ~. ~~ t-' blff~- r P{JL :I - ( ) ); ~/ I r- ~. dd~ I (fJAoiz~~ t ::::::-== . 5fil0',~ W'.5'> 70 c;o - 3 LI3 S l<-? h S PAGE -4- C. Rezoning Petition No. 07-001-R - City Planning Consultant. 1. Consider Rezoning Application No. 07-001-R. William Mason is the property owner. The application is to ehange the zoning designation from Holding (H) to Residential Single Family- One (RSF-I) for property loeated at the West Entrance of the Commerce Center. Legal description: all that portion of the following described land less and excepted the right-of-way of Northeast 9th Street: being more particularly described as follows: l.Beginning at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast corner of B lock I, Okeeehobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, run thence South to the Northeast comer of said Block I; thence run Southerly, along the Eastern Boundary and the Southerly projection thereof, of B locks I, 16, 17, 32, 33, 34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Airline Railroad right-of-way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, to the Western Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Western Shore Line of said Creek, as now located, to the intersection with the North Boundary Line of said Section 15; thence run West, along said North Section Line, to the Point of Beginning. Lying in and comprising a part of the NW one-quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. Lots I to 18, inclusive of Block 17, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeeehobee County, Florida. Lots I through 3, Block 32, Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 4 through 7, and Lot 12, Block 32, City of Okeechobee, according to the Plat thereof recorded in Plat Book I. Page 22, Public Records of Okeechobee County, Florida. Lot 13 and Lot 26, Block 32, Okeechobee, aeeording to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Lots I and 2, Block 33 and Lots I through 6, inclusive, Block 34, Okeeehobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County. ~b. ~~ tt&l{~~~ ~ ~~C{~~ ~W /-k~IAr- ~ ~sF-1 Ctrf ~ ~ ~ - ~ \J;~* . ~ ~J-P6~!':> - ~~rt~~-~df~ ~'-~\ Wlk ~- L0~ ~ a-v-.J - ~ OU(\of~~~~ (Jc ~ hd~~ . -P0-U-~ ~ ~ ~ - "'-6-h "'^- ~~ ~ CL ~ c:'? --f1, fer ~t!rv ~ .0--41 ~ ~~~- f[r w -~)fi~ ~JP (~~~ . (;J~ ~kD<------ - 6v------ '\:> r ------ ~ ;-.-. !M^ ;e~f S~ '-"- 6~ c;JL~_;L. Cb ( '/I I () . . 0.-- ...q'- tJ f?u-vc~.J-..N ~. ~ ~ 6\J1-C ~ ~-h '-ft-.-+--,y H1o~?f1-1~r~' ,{J~/_- _ fJ ~ Vi' - '" '" ~ ~'6~ 0 (~j~-d. ~M~ -- (YJI ~ ~ ~C~ ,~ - ~~ w>>iJ 4c- ,/ _ ~~_ ~~ b-~-' 'yy~ ~ - ~ (fylfP o:-r - ~ ~\ ()~ - f~ . 9 ~ - ~. ~ 0;-Q)~~- S1- · . - ~~ ~}~~~ w* ~ ~?wt~ ~-J-' ?f !U ~ [uJ'L,A ,[).~ ) ~,~ -r/'-~r i-u '0 , ~ ____ J?r ~ - ~ ~ Cf-.-- ~"'~ ~'f. - ~~J~' 11'._ f~~~'~~'~'- ~~~~r::~~ _J~L 1! _ ! ()~ s-(6r1/J~-- , c--,' ~tJ J[)~~ ~~ _ ~ ~ J4(f\#-bov,.-c ~~.~~ (?Z O~, ~ '*,~ (Q;jdi~f1:- a- /II-~'-- cr~ _ ~ 1./~'-/tJ ~JU- b ,+ {!LJ.-'-"- rih'Z~ ~'tn' - - --- ~ r;i --/.u<~j~ . . ~!S~ . ---- PAGE -5" D. Rezoning Application No. 07-002-R. - City Planning Consultant 1. Consider Rezoning Application No. 07-002-R. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the zoning designation from Residential Multiple Family (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4th Street. Legal description: Lot I, Block 185, Town of Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17. Public Records of Okeechobee County, Florida; together with that part of abandoned North Curve Street and Florida East Coast Railroad right-of-way described as follows: From the Southwest comer of Lot 7, Block 185, comer of said Lot 7 for Point of Beginning; thenee east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the Point of Beginning; Less the following: From the Northwest comer of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the Point of Beginning; and Lot 2, block 185, and the North one-half of abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. _ ~.- p~ ~~~J~.:Ji? ~~)r--"f:. ~ ,- ....:, ~ l ' ~~L- ~Q..~ ~- ,J .~':'f /'-c-!---J--+ ~ ~~J\_.,",v--L---' ~. ~. J -. ~ L . . C ~ ~~ ' c. - L0,..J.~, <1'-1 '" ~~;!E ~. 'fiY'- (_ . -i" _ ---#..-n.- ~C5~~ ~\bk ~~ ~ (,0. ~ ~. CLT Vl e f6 "'1btL ~tfxvv~' - . ~5~:r;;:.t ~P:;t:~. ~ ~Ck~~ ~~r~ C/b~' ~~-~ ~~~~- J2~tTn;~.L~ ~ c~: Y-e S. UQ. ~tk- -' - /-- - ~ _ ~~ --f.t, LC- r':.Ai' 17:> c;m b jh (' 61 Cr PO\).AJY'-- 0Jr~ rl^-oh~ ~ @ ~.rd' ~. D^-- I~ 180~J ()li--<'~ . ~~~ ~ ~. J. ~J!J'-h, Wol~k-~P~~ " ~~~~~~~~ ~~~' ~~~~~~. ~ ~~ h cv~;) h- i-f~ lL au ~ I--<-- s4~ ku~a/.' J.~ ~ ~ y!UU- i0~~ - -, , u - C/ I LuJ . _ _fy~~~-<-wdJ ~ · ~bo~ _ ~h L.M A ~,L-Jc 'fk ~~~~~~~-. ~5t7aJ- ~~~ -frUU-~- --r~~~~~- Uh/L~~ cJJ - \DJ.)) Lv ~ ' s ])~~~ i L<11 ~ . uAlf(j~ -, W~ r-lv~ ctv<. . .- -t,e..v 'L - r J1 -c':i. T QAl4/~L h))iJ~-~=k rh ~~' W'-'~/~ w 0-lJ ~ ~ - - '1r~' 4~ cJr 1~ ~/z4"~ ,~r ~~f-~. ~ --rt4JL. Il~ bULL! ~ - ~ atu- ~ ~-Lflqb.e.k - JL<.v' (.(4-.- = /1,0 Ol A ~. t-D~ t<Jk ~ h ~) , , '- 1~ . . - /It,, p-- I f()L ,~~._~ ,~7t:!% - ~ ' ~ L dL,b "1 w/~ ~; - n' ._:- . ~ ch "(l;!l~ . ~-- {lU)r{f;t~ -~. S . ft-~~ PAGE -6- QUASI-JUDICIAL A. Special Exception Petition No. 07-001-SE - C' " . Ity Plannmg Consultant I. C?n~ider a Special Exception No 07-0 wlthm an Industrial (IND ". Ol-SE to allow an adult . Game on behalf of r ) Zonmg Distriet (ref. LDR's Sec. 90_;;~~rtamment ~stablishment Northeast 9th St p operty owner Charles Farmer. The sub" 10)) s~bmltted by Steven 6 and aile b reet. L~gal description: Lots] through 3 d~ect property IS located at 508 , Y etween SaId Lots of B I k an the North 40 fe t f L Records Okeechobee C ' "oe 5] , City of Okeechobee PI t B k e 0 ots 4 through ~ ounly. Flonda. ' a 00 5, Page 5, Public . Rn::~ "':, nv.:..~.Q (. ~~ ~;J;;4- ~jyb. - ~ ~- r.wJ-5~-~- $d1 .' ~-~~S~ -~'n~.' ~ ~_- ~". ~~O :i-~.Y{d~.J~ ~ ~. ~ oW.~. ~.r:h... ~ {)7 ~ y~ L"" J ~ 'k# Aa I _ {)V' --r (X' CU-dt-~, ?~u-.Jc-G..:J- -.to ~ ~'H~~' ~ ~sE>Jdf, ';;r~.> . ~.~..~d:l-M. J &--< < ,!J &<--c... . '')If 3, LJ~ (n~./!J?~ttj- '~~~~, ~~.~. ff :;iitt+.S -~~~f' ~RF_M.~'iiLw",-~(2N ~-. ~~IkO -~or'~, ~~ l4'~ f;j ~. (L u!~ lMuL-./Lf1) ~~. . ~Iv--- ~~~~) ~1VVI~ "r . Wi<. (ff ~ ~ ~.J M1 - ~ 'to t1.~ ~ . ---/7J ~ ~'I ~. ~--fD ~ II ~'~~:I ~, d fViH~-~ tI it> ~_1AU-1jO~ r f{ft-I uu-. ~'~+bO- ff~ &.w.~-~~~~-fo ~.~ .~k,ho. fW;.wf(j .~}l4.L~. (h&o~ +1 ~ h~ Jo RSF6xAJ'IJ/O ~ ~k~ d~ . [) ~~ ~bn Mh' ~ 4-0 ~(1--- c" ~, w~ ~ VJ-'!-.~ ~ YL- -T~ ~a;;t(.;h~u. ~)J..\~ -f~ ~ . ~_~() QM~A~' p~;~ .6': rrv;PJh h~ ._/Yfor f:r.f- ~~. "'- ~. L--. - -+0 F t +v ~ yJ~p..-{)" ~ ~ "f~ ~ ~~- '\:l~~ ~, ~ ./1i.--lk ~ ~ Co C1U. Y ~ E:{' ~~~ _.~~d,t~ ' [K.~d.~-h~' j ~ . -~~ .~f~ ~ ~ b~k s - ~v{ &'d ! Sj~Ckl-: ~ I ~ ~ ~ c+- ~ ~- W-R-<-<- - '3 _ ~J~ ~.~. - 1/- c:;)V~"-' , . D---f1.4D r: f)jD ck ~ ~ ~ - ~ b.u-. "tf- ~ ~ (,.() D'-CJl<i/1Jr ~ ~\ '/fu.. '-,14~ ~. ..L+e ' ;:;;r- '--(lcw -#...... \.uz/ ~ ~ W . ~~. ' ~ ~lfk ~ ~cfk~.:t1~'j llJ:;JftL - !t; ~~ ' ~ Ccd-6'tp,~~v ~,~/e~' - ()J,~LJ- .~_ ~_..__0'1ldc- ~~171~ ~ fh~. for/t . ~ ~~~ ~ _ ,L4- ~ cut pJ. ' .;Je. ~fL /'7 ' 7 ~&Jk.- ()d;!f14 J -t1 ~~\A.~ ~ Itib 4--'- ~~+ok~.~tj)~~ ~~L-~~-~ {t~~. ~ . a1f~r:- (~-~ rf~ - ~#V'~ (t . ~ _~?L- ~ I tU -,_ ~~;-, - CLOSE PUBLIC HEARING - Chairperson. ~', o3P In. PAGE -7- VI. NEW BUSINESS - Chairperson. A. /1 Consider Ordin~nce to amend Billboard PoJis:y - Cit;r.Attprney. . /I A-mut CfJDlL-~v( L-v tJt~ ~~~~, ~ !4?jI ~ ~~ ' trxlS~ ~r ~ 'IL~~ CL-~ -It\R..> ~ /.J)J:>i.. ~ . ,M ~ ,~, #/LIf'oL ~r"'-. Lo > , ~ "'-0 -f ~~''- (~f ~ ~ ~. - (~A1r~.- -'w~ ~~'-~' hAa..-1.J..t- W~~_ f~~B~ a.a-iNJU~ CH-- hL ~ '-"'r7DfVDJ01 CCc.. ,IL . ~ b . r r~-~'~~~~-= Yf) . _, ~T~--fz,_a-.-p~ ,'96-'>~/ l \ " B: \ Create Special Exception to Sexual ~ed/ator?rdinance. -"fity fttorney 6~(q(P7 t'dJjY~~ ~ c" U4-./1. w,'/i..L ~~ (;.6. ~. 7~)CI-=-~.. z 5~ L L/wt:l.<.j /u,~<--- . to 0 ~A 4 fj 4v-<-. lJJu. ~ ~:.L.-.'~ L~ JJ u...&;+ '-tv. ~O~ ~ '4 (tJk' '1l~ enI!AU ~ ~~~ :1;: ~li~ ~/~f:t~~.+~:J-6-~~d-' ~~~~. '1~c.h ~~tJJ.. ,ffi01JJ-'+t~ Lu~')JJ~1.sf - "1"7 ~ Ct~~, _~~U~~'-iI~~./~ Y,^.c8. G~rc --h ~~ - bl~'C. k 5~.~~ ~ C;d-, ~~- 7-'f~l!f~L- ~/(vtt<!~_). <: tLu. ~ I () 01J /s: IS,;:;; S; j1-;;, /tL(ff.{ ~4tc ' 1tL~. ~~ (<,fft,1{ .rbs~ ctJL., ~ q t<~ C'f.dlJ~ . 61>>.~ 0 C. Administrative Appeal. - Steven A. Ramuflni 1. Notice of Appeal for Building Permit No. 420-06-07 issued to Centennial Builders of Lee County to erect a billboard at 70 I SW Park Street, Okeechobee, Florida. Permit issued in error for incorrect zoning for billhoard. ~stf() ne.J " VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT P.M. " o ~ - ~ ~ ' -T ~'"-- F.~'------- ;:c~i'~ ~o W ~ f4 ~ - +~~ffiL^, jd~ ,J-- ~rrf ~ DISC - ~.c ~ n~ -" ~ '06 71.IT A<~~ " __ -T'~ ~ \)l5C- - - ~y_ " !~U#~-cdL~;~ ~~ __ ~,J,J;I- ~ ~, 9 ~ ~ ~,W C'--a- '-j c.u~ ~ a.. y r U1 - ~ udJ P (YIlu,,- ---.- f: ()~ ~ ~~~~ ~J-- ~'-- Q)I~C::. ~J ~-h ~. - ~.;tfo (YL r:;~)~ ~ 'Htc &- _ w~ ~ (JVi- VL' ~<-~ -' ~~0 ~.~w~~~~, u.>>.l ~ .,' (,/~- ~ ,.<~' ~(C~ - 3 lr" ?<J~C ~ · ~' " - fid;& {>(SR. , ~ ~~~~~:-. ~) <<-+ o QMj~. -~. 7. 'i!J CVu- ~1f ~I:d.-<-i--i ~~~ .~ r n: ~ S' &1f- ~V<lL<4 +0 pi)s~~e~~- 01r:1/- .~ Pc11:J f(/~'~~'-h L.,., ~ . t\\~f-~~;~ . .~~~~ . ~ rh-,:( ~"1' f1.LJ r C(~ \. ~ ~ ~ ~ L.~q-.'i{Y fz cdz ~ '. ~o ~ ~ '-fiv---i~ . REVISED CO~NTS AND RECO~NDATIONS: Section 90-343 (10).b.5 of the LDC prohibits an adult entertainment establishment within 500 feet of an area zoned for residential uses. Staff is of the opinion that property zoned H qualifies as an area zoned for residen- tial uses. Specifically, the H District (Holding District), as described in the earlier zoning district under which these lands were zoned, allows single- family dwellings as a permitted principal structure. Therefore, the location of an adult entertainment use on the subject property would violate Section 90-343 (10).b.5 and the Staff recommends denial of the application pending the City Attorney's concurrence of the Staffs position. If it is determined that the Petition does not violate the distance require- ments, any approval should be conditioned upon fully meeting the require- ments of Ordinance 743 assuring that no alcohol (including beer or wine) are offered for sale or consumption on the premises; hours of operation are not during school hours, and the establishment is in full compliance with City rules regarding parking, landscape, and building code safety requirements. Further, the following conditions are also recommended: 1. At least one off-duty law enforcement officer employed by the Adult Entertainment Facility be present during hours of operation to ensure that Ordinance 743 is fully complied with; and, 2. Patrons and/or customers are prohibited from congregating outside the building. i) I D7- ODd~-0~- ~f~,-<r cJ~~ A-.) {M ~ UJ-t ~ b,~ - >t.u~~<vp~~..~. -- r,:~~ (~- r~~~wl1=w - ~^~~/~~ ______ /M-. ~} Ch./ F~ . L<f2c<-- G+fAA-~'J5~ ~.~ ~ .lrp; r:k Auu,-,,- - . b~ ~ eLf, ~CO"6 ~ - (,;wi ~'R-f {~~ . o/,,~(,J-~w~ aJl~~_-~~ W4-.- VU ~ c;1-~-i ~= ~ ~ ,~ftL ~.J< 'f 11{) ~ ;;-eYfyJ i11~h - lvWO~ ~. ~.~ .--.- ~e S -- ~J- - \-€Aj~ ~~ f.~~~~ ~k - I~~ ~ S;~\r~ ~ ~. ~~ --h""-~ ~,~~~ ~1J--~l~ ~ ~ err-~ -J. CL ~--- ~~~-~ ~. ~/f,/t- 4A6+\rK/~ . . . Page 1 of 1 From: d~an . Date: 1/14/20073:26:32 PM To: bcleITIent@cityofok_ee~hQQ~e,c91TI Subject: Objection to Special Exception Petition 07-00 1-SE for Adu 1t Entertainment To: City Planning Board of Okeechobee, Florida I am the owner of property within 300 feet of the property the City Planning Board is considering a special exception for, to allow an adult entertainment establishment. (Petition 07-00 I-SE) I live and work in Miami and cannot attend the public hearing in person. However as an affected property owner I believe an adult entertainment establishment in this neighborhood would be a detriment to the area and to the interests of those nearby. Please register and consider my strong opposition to this petition. Thank You. Respectfully, Dean Weidling 1/16/2007 \ st-~~~. . III f/lGi~ LLdI.-l.~' ~ c,. 0/ /J J ..f} , ~ - RQ~~"'/-.Q--LSl '-k Ce.- cjfyd- ~ /h ocf./. 5~ q. 'D '. ~ I.{; w6 Ii s z iu-e C--I- ~ 4rJ h -to C~, f ~ '4 I-J-t r p~~ C~ CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING JANUARY 18, 2007 OFFICIAL AGENDA I. CALL TO ORDER: Planning BoardIBoard of Adjustment and Appeals, January 18,2007,6:00 p.m. _ Chairperson. PAGE 1 OF4 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. Discuss minutes from October 19,2006 Planing BoardIBoard of Adjustments and Appeals. B. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment and Appeals Action for the Decemher 2 I, 2006, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. JANUARY 18,2007 - PBIBOA AGENDA - PAGE 2 OF 4 II v. OPEN PUBLIC HEARING - Chairperson. A. Comprehensive Plan Map Amendment Application No. 07-001- SSA - City Planning Consultant 1. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07 -00 1-SSA. G-4 Land & Cattle Co and George A. Goodbread are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2nd Avenue. Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition, as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida and is approximately 0.650 acre(s). The proposed use of the property is Light Commercial. B. Comprehensive Plan Map Amendment Application No. 07 -002-SSA. - City Planning Consultant 1. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. Legal description: Lot I, Block 185, Town of Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of Okeechobee County, Florida; together with that part of abandoned North Curve Street and Florida East Coast Railroad right-of-way described as follows: From the Southwest comer of Lot 7, Block 185, comer of said Lot 7 for Point of Beginning; thenee east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street: thence Southwesterly along the North boundary line of said North Curve Street to the Point of Beginning: Lt'SS the following: From the Northwl'st comLT of Lot 6. Block 185. Town of Okccchobce. run thence East along the North line of said Lot (l. a distance of 150 feet for the Point of Begmning; thence run South on a IlI1e Parallel to Western boundary of said Lot 6 a distance of 100 feet: thence run East on a line parallel to the Northern Boundary of said Lot 6to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the Point of Beginning; and Lot 2, block 185, and the North one-half of abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida and is approximately 0.54 acre(s). The proposed use of the property is for a Professional Office. C. Rezoning Petition No. 07-001- R - City Planning Consultant. 1. Consider Rezoning Application No. 07 -00 l-R. William Mason is the property owner. The application is to change the zoning designation from Holding (H) to Residential Single Family-One (RSF-l) for property located at the West Entrance of the Commerce Center. Legal description: all that portion of the following described land less and excepted the right-of-way of Northeast 9th Street: being more particularly described as follows: - ~ v. PUBLIC HEARING, Continued. JANUARY 18,2007 - PB/BOA AGENDA - PAGE 3 OF 4 C. Rezoning Petition No. 07-001-R, continued. I. Beginning at a point on the North boundary Iioe of Section 15, Township 37 South, Range 35 East, said point heing due North of the Northeast comer of Block I, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, run thence South to the Northeast comer of said Block 1; thence run Southerly, along the Eastern Boundary and the Southerly projection thereof, of Blocks 1, 16, 17,32,33,34 and 51 of said plat of Okeechobee, to the intersection with the North line of the Seaboard Airline Railroad right-of- way; thence run East, along the North line of the Seaboard Airline Railroad right-of-way, to the Western Shore Line of the Onosohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Western Shore Line of said Creek, as now located, to the intersection with the North Boundary Line of said Section 15; thence run West, along said North Section Line, to the Point of Beginning. Lying in and comprising a part of the NW one-quarter of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. Lots 1 to 18, inclusive of Block 17, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 1 through 3, Block 32, Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Lots 4 through 7, and Lot 12, Block 32, City of Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 22, Public Records of Okeechobee County, Florida. Lot 13 and Lot 26, Block 32, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Lots I and 2, Block 33 and Lots I through 6, inclusive, Block 34, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5. Public Records of Okecchobee County. D. Rezoning Application No. 07-002-R. - City Planning Consultant 1. Coosider Rezoning Application No. 07002.R. Gleoda Bellamy aod Reoee Ellerbee are the property owners. The application is to ebange the zooing desigoation from Residential Multiple ramily (RMF) to Heavy Commercial (CHV) for property located at 203 Southwest 4" Street. Legal description: Lot I, Block 185, Town of Okeechobee, according to the Plat thereof reeorded in Plat Book 2, Page 17, Public Records of Okeechobee County, Florida; together with that part of abandoned North Curve Street and Florida East Coast Railroad right-of-way described as follows: From the Southwest comer of Lot 7, Block 185, comer of said Lot 7 for Point of Beginning; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the Point of Beginning; Less the following: From the Northwest comer of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the Point of Beginning; and Lot 2, block 185, and the North one-half of abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. JANUARY 18,2007 - PBIBOA AGENDA - PAGE 4 OF 4 QUASI-JUDICIAL A. Special Exception Petition No. 07 -00 I-SE. - City Planning Consultant 1. Consider a Special Exception No. 07-001-SE to allow an adult entertainment establishment within an Industrial (IND) Zoning District (ref. LDR's Sec. 90-343(10)) submitted by Steven Game on behalf of property owner Charles Farmer. The subject property is located at 508 Northeast 9th Street. Legal description: Lots I through 3 and the North 40 feet of Lots 4 through 6, and alley between said Lots of Block 51, City of Okeechobee, Plat Book 5, Page 5, Public Records Okeechobee County, Florida. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS - Chairperson. A. Consider Ordinance to amend Billboard Policy - City Attorney B. Create Special Exception to Sexual Predator Ordinance. - City Attorney C. Administrative Appeal. - Steven A_ Ramunni 1. Notice of Appeal for Building Permit No. 420-06-07 issued to Centennial Builders of Lee County to erect a billboard at 701 SW Park Street, Okeechobee, Florida. Permit issued in error for incorrect zoning for billboard. 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 BoardIBoard 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 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING DECEMBER 21, 2006 SUMMARY OF BOARD ACTION ACTION - DISCUSSION Page 1 of 8 I. CALL TO ORDER - Chairperson. Planning BoardIBoard of Adjustment and Appeals, December 21,2006, 6:00 p.m. 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 Maxwell Board Member Douglas McCoy Alternate Epifanio 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 October 19,2006 regular meeting. Chairperson Ledferd called the December 21, 2006 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Present Present Present Present Absent (with consent) Present Present Board Member Hoover moved to dispense with the reading and approve the Summary of Board Action for the October 19,2006 regular meeting; seconded by Board Member McCoy. LEDFERD - YEA McCOY - YEA JOHNS-YEA VOTE HOOVER-YEA KELLER - YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA Chairperson Ledferd called for the vote and it was voted upon. While Chairperson Ledferd was announcing that the motion passed, Board Member Maxwell interjected that he wanted to discuss about his position at the last meeting due to his late arrival. It was his understanding that Board Member 0' Connor had replaced him in the voting. However, the minutes reflect him as voting yea on the motions. December 21, 2006 Planning BoardIBoard of Adjustment and Appeals - Page 2 of 8 TION~DISCUSSION III. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment Action for the October 19, 2006 regular meeting continued. Discussion ensued as to whether Mr. O'Connor had moved from the voting position. Mr. O'Connor stated that he remembered announcing that he would be moving from the voting position due to Board Member Maxwell's arrival at 6:07 p.m. Board Member Maxwell's recollection was that he participated in the discussion, but remained silent during the vote. Board Member McCoy replied that a silent vote is the same as a yea vote, unless you explain why you are not voting, you are considered a vote. Chairperson Ledferd asked whether he had called another member up to a voting position? Secretary Clement answered that he had called both the alternates up to a voting position, but when Board Member Maxwell came in, she interrupted the current discussion and brought to his attention that both alternates were voting positions. At that time Mr. O'Connor said he was stepping down. Board Member Mccoy concurred. Secretary Clement continued that she took that to mean that Board Member Maxwell was in his regular position. Board Member Maxwell replied that he did not recall hearing Alternate O'Connor step down and perceived his position as free to participate, but not vote. Chairperson Ledferd stated he remembered re-announcing Board Member Maxwell back to his seat and put Mr. O'Connor back as an alternate, so from the time Board Member Maxwell arrived he was in a voting position. Board Member McCoy asked Board Member Maxwell whether he would like to change his vote on Petition No. 06-012-SSA and Petition No. 06-01O-R from a yea vote to a nay vote? Board Member Maxwell said that to the extent of the reflection of a yea vote, it is not accurate, my motion is that it be changed to reflect a nay vote. Mr. LaRue noted a silent vote is a yea vote, and should you not vote you have to give a reason why you are not voting, you also have to fill out a form. Board Member McCoy added that the minutes reflect his voting position. Chairperson Ledferd said that it is not a big deal, he just wants to change his yea vote to a nay vote. In the future, once an alternate is moved to voting position, they will remain in the voting position for the duration of the meeting. Board Member Maxwell remarked that is what he assumed would happen, considering you miss part of the discussion. Board member Hoover asked whether that was allowed to change a vote? Alternate O'Connor replied that parliamentary procedure should be checked with Roberts Rule of Order to see whether that is permissible, agreed by Board Member Hoover. Chairperson Ledferd also asked Secretary Clement to check with Attorney Cook on the procedure. Board Member Maxwell still maintains that he did not vote, therefore the minutes should reflect his non-voting. Board Member McCoy said that due to the way we vote, by not showing hands only by voice, and there were no nay votes then the assumption is that the vote is yea. III. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Planning BoardIBoard of Adjustment Action for the October 19,2006 regular meeting continued. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. December 21, 2006 Planing Board/Board of Adjustment and Appeals - Page 3 of 8 ACTION - DISCUSSION - Chairperson Ledferd asked that the secretary bring the subject up to Clerk Gamiotea. Board Member McCoy asked Chairperson Ledferd to table the acceptance of the minutes until the next regular Planning BoardIBoard of Adjustment and Appeals meeting on January 18, 2007. Chairperson Ledferd said we can do that. Board Member Hoover asked whether she should withdraw her motion to approve the minutes? Board Member Maxwell stated that he did not think you could impute an outcome, I am just simply saying that the minutes do not reflect that I made that vote and he did not agree that a silent vote is a yea vote. Board Member McCoy reiterated that you have to state a reason for not voting, it is required. Board Member Maxwell replied that it would be prudent at the time to state a reason, other than he thought he was in an alternate position and the alternates do not state a reason for not voting. Board Member Burroughs asked what the problem is with tabling the motion. Chairperson Ledferd asked for a motion to table for research and definition. (Note for clarification: The following motion is illegal and cannot be applied since the Chair had previously called that the motion to approve the October 19, 2006 minutes was approved prior to the discussion. A motion to rescind the previous action, a vote taken and then a motion to postpone would have been the legal action to take). Board Member Hoover made a motion to table the approval of the Summary of Board Action for the October 19, 2006 regular meeting to the next regular Planing BoardIBoard of Adjustment and Appeals on January 18,2007; seconded by Board Member McCoy. LEDFERD-YEA McCOY - YEA JOHNS-YEA VOTE HOOVER-YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - NAY Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today's agenda. Letter A, Resolution No. 06-10 pertaining to the Billboard Policy, was deferred until the next meeting. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:11 P.M. AGENDA V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R. Geroge A. GoodbreadlG-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family-One (RSF- 1) to Heavy Commercial (CHV) for property located at 2100 South Parrott A venue within the 2000 Block of Southwest Second A venue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots I and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof - City Planning Consultant. December 21, 2006 - Planning BoardIBoard of Adjustment and Appeals _ Page 4 of 8 SCUSSION..-VOTE Consider Rezoning Application No. 06-014-R. Geroge A. GoodbreadlG-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family- One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. Mr. LaRue reviewed the Comprehensive Plan Analysis as follows: 1. The proposed use is not contrary to Comprehensive Plan requirement: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized; ProfessionallBusiness/Medical Office, Retail Service/Store, Restaurant, Personal Service, Funeral home, Hotel/Motel, Nightclub. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 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 CHV Zoning would be appropriate for this location and will complement the adjacent land uses as has been stated above. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant properties. AGENDA. V. PUBLIC HEARING CONTINUED. December 21, 2006 - Planning BoardIBoard of Adjustments and Appeals _ Page 5 of 8 ACTION - SSION - VOTE A. Consider Rezoning Application No. 06-014-R, continued. 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. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, should it be warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing the requested CHV Zoning on the subject property it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to develop the property with commercial uses. Chairperson Ledferd opened the foor for discussion between the Board and any public comments. Board Member Burroughs inquired as to the process that the Staff goes through to determine the use of property. Mr. LaRue stated that he looks at the surrounding property to help staff determine the use of the property. Board Member Burroughs also asked whether the buildings will remain on the property. Mr. LaRue stated that all the building will be razed. Board Member McCoy asked whether the mobile home on the property is appropriate? Mr. Goodbread answered that the area used to be an old mobile home park. All occupants have six months to vacate the property according to Mr. Goodbread. Board Member Burroughs inquired as to the possible occupants for this property. Mr. Goodbread said that they are trying to get something like TGI Friday or a Red Lobster and possibly one other business to share the parking lot. AGENDA V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R, continued. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Resolution No. 06-10 pertaining to the Billboard Policy - City Attorney. B. Ordinance No. 966 - An amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation ordinance - City Planner. December 21, 2006 - Planning BoardIBoard of Adjustments and Appeals _ Page 6 of 8 Board Member O'Connor asked whether anyone talked to the people around the area for their opinion? No, but notices are sent out to surrounding property owners within 300 feet of the property to notify them of the rezoning. Mr. Sizemore spoke regarding the possible noise element of the development. He said when there was a nightclub operating on the premises, that it was quite loud from 10:00 p.m. until 2:00 a.m., and that many complaints had been made, but nothing was done. He just wants the residential homes in the area to be protected from possible future noise created from potential businesses. Board Member Maxwell asked whether a lighter commercial zoning could be used? Mr. LaRue said the applicant requested Heavy Commercial Zoning (CHV). A lesser commercial zoning would limit the use choices. Board Member Burroughs moved to recommend petition No. 06-0 14-R to City Council to rezone property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue, from Residential Single Family-One (RSF-l) to Heavy Commercial (CHV); seconded by Board Member Johns. LEDFERD - YEA McCOY - YEA JOHNS-YEA VOTE HOOVER - YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA CHAIRPERSON LEDFERD CLOSED PUBLIC HEARING AT 6:36 P.M. Resolution No. 06-10 pertaining to the Billboard Policy was deferred until the regular January 18, 2007 meeting by City Attorney Cook. Ordinance No. 966 amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation Ordinance was presented by Mr. LaRue. He began by explaining that reading the ordinance would probably put you to sleep in quick order. Best example of the ordinance, some jurisdictions Future Land Use cannot continue to develop because they do not have concurrency done. It is mandated by the state that by December 2006 this ordinance has to be in place. The ordinance is consistent with the City's Comprehensive Plan. VI. NEW BUSINESS CONTINUED. B. Ordinance No. 966, continued. December 21, 2006 - Planning BoardIBoard of Adjustments and Appeals _ Page 7 of 8 ACTION - DISCUSSION - VOTE I Chairperson Ledferd asked whether this will require another Board for the City? Mr. LaRue answered that it would not. The hardest part will be figuring out what proportion somebody really owes when you really get into some of these things. Technical assistance will come from Central Florida Planning Council, and State Department of Transportation. We have not been very sophisticated ourselves in terms of showing what somebody owes for some of these things, but as more and more Future Land Use applications come before the Board, I will not be saying concurrency as much as I will say making sure the levels of service are not degraded. Chairperson Ledferd stated that he just recently went to the Transportation meeting in Sebring for this specific purpose. Board Member Hoover stated that she thought we had this covered in the Land Development Codes, because she has used the information. Board Member Maxwell said that the ordinance was more detailed than the State Statue. Mr. LaRue stated that we had a model ordinance from the League of Cities and that he also looked at some of the other City's that had adopted the statute. It gets a little bit more complicated in the sense that you need to .make sure you include things that the State says you need to have in the ordinance. You are right, it is more detailed. Board Member Maxwell asked, in the adoption of this ordinance will it impose the fair share requirements or do we also need something else? It is all you need, replied Mr. LaRue. Should we have any questions about the factual impacts, we can call the Regional Planning Councilor the State Department of Transportation. Board Member McCoy asked what is the implementation deadline as far as the Board is concerned? Mr. LaRue replied that the Board is done. No, answered Board Member McCoy, I am asking for the resident that drops something off December 31, 2006 versus January 2, 2007 . We are covered and not in violation of the law, so should anyone come and say we were holding them up from future development, we have the ordinance in place that says that we can require them to do their proportionate share, and we can analyze under the same criteria we use for development review or rezoning. Board Member McCoy asked whether this went into immediate effect? Mr. LaRue answered yes. Board Member Maxwell asked whether this only applied to infrastructure? Mr. LaRue answered yes. Board Member Maxwell stated he understands that the school district also has an interest in a contribution for education. Will that compliment this ordinance? Mr. LaRue said it would compliment the school as well. A year from now we will have to have a school concurrency element, stated Mr. LaRue, and actually even now we would require the developers to get a letter saying how the schools are impacted. Chairperson Ledferd asked whether there were any comments from the public. There was none. VI. NEW BUSINESS CONTINUED. B. Ordinance No. 966, continued. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning BoardIBoard of Adjustment and Appeals with respect to any matter considered at this proceeding, such inter- ested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ArrEST: Betty J. Clement, Secretary December 21, 2006 - Planning Board/Board of Adjustments and Appeals _ Page 8 of 8 ACTION - DISCUSSION - VOTE J Board Member Hoover moved to recommend approval of Ordinance No. 966 to amend the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation which is consistent with the Comprehensive Plan and consistent with State Law; seconded by Board Member Burroughs. LEDFERD - YEA McCOY - YEA JOHNS-YEA VOTE HOOVER-YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:07 P.M. CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING OCTOBER 19, 2006 SUMMARY OF BOARD ACTION AGE ACTION - DISCUSSION Page 1 of 10 I. CALL TO ORDER - Chairperson. Planning BoardIBoard of Adjustment and Appeals, October 19, 2006, 6:00 p.m. 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 Maxwell Board Member Douglas McCoy Alternate Epifanio Juarez Alternate Mike 0' 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. 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 a~6:00 Ptm. Board Secretary Clement called the roll: Present Present Present Present Absent (With consent) Present (Entered Chambers at 6:07 p.m.) Present Present (Moved to voting position) Present (Moved to voting position temporaril~) 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 AGENDA V. OPEN PUBLIC HEARING - Chairperson A. Comprehensive Plan Map Amendment Petition No. 06-012-SSA - City Planning Consultant. II October 19, 2006 Planning BoardIBoard of Adjustment and Appeals - Page 2 of 10 ACTION - DISCUSSION-VOTE I 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. 1. Motion to remove Comprehensive Plan Map Amendment Petition Board Member Hoover moved to remove Comprehensive Plan Map Amendment Petition No. 06-012- No. 06-012-SSA from the table. SSA from the table; seconded by Board member McCoy. 2. V ote on motion. 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 Consul- tant. LEDFERD - YEA McCOY - YEA JUAREZ-YEA VOTE HOOVER-YEA KELLER-YEA O'CONNOR - YEA BURROUGHS-YEA ~WELL - ABSENT MOTION CARRIED. Planning Staff Report Summary: 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 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. AGENDA v. PUBLIC HEARING CONTINUED. A.3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, continued. October 19, 2006 Planing BoardIBoard of Adjustment and Appeals - Page 3 of 10 Mr. Haynes Williams spoke on behalf of Mr. Altobello. 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. Board Member Burroughs inquired about the waste water capacity for the development. Mr. LaRue stated that no plan was submitted by the applicant for waste water. Board Member Burroughs asked whether the expansion of the waste water plant was in line with the development? Eric Engstrom, Chief Financial Officer for Royal Professional Builders replied 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. Altobello 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. 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? AGENDA V. PUBLIC HEARING CONTINUED. A.3. Comprehensive Plan Map Amendment Petition No.06-012-SSA, continued. October 19, 2006 _ Planning BoardIBoard of Adjustment and Appeals - Page 4 of 10 ACT - DISCUSSION - VOTE 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 construeted 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 corne." This is being build to accommodate the future employees ofthe Royal Concrete Plant. Mr. Sumner also said that the developers are willing to meet with Superintendent of Schools, Mrs. Cooper to discuss impact on the school system. 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. V. PUBLIC HEARING CONTINUED. A.3. Comprehensive Plan Map Amendment Petition No. 06-012-SSA, continued. B. Rezoning Application No. 06-01O-R - City Planning Consultant. 1. Motion to remove Rezoning Application No. 06-010-R from the table. October 19, 2006 - Planning Board/Board of Adjustments and Appeals - Page 5 of 10 ACTION - DISCUSSION - VOTE 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. (S~e 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. 06-01O-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. Board member Hoover moved to remove Rezoning Petition No. 06-01O-R from the table; seconded by Board Member Burroughs. 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- tant. October 19,2006 - Planning BoardIBoard of Adjustments and Appeals. Page 6 of 10 ACTION - DISCUSSION: VOTE I 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 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 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. 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. A.GENDA V. PUBLIC HEARING CONTINUED. B.3. Rezoning Application No. 06-01O-R continued. QUASI-JUDICIAL c. Consider Special Exception Petition No. 06-0 11-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. October 19, 2006 - Planning BoardIBoard of Adjustments and Appeals - Page 7 of 10 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. BURROUGHS-YEA MAXWELL - YEA Consider Special Exception Petition No. 06-0 11-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. AGENDA V. PUBLIC HEARING CONTINUED. A. Special Exception Petition No. 06-0 11-SE, continued. CLOSE PUBLIC HEARING - Chairperson. \I October 19, 2006 _ Planning BoardIBoard of Adjustments and Appeals - Page 8 of 10 ACTION - DISCUSSION - VOTE I 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 11-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 none. Board Member Hoover moved to approve Special Exception No. 06-0 11-SE to allow an enclosed warehouse and storage within a Heavy Commercial Zoning District (CHV), 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); seconded by Board Member Burroughs. LEDFERD-YEA McCOY - YEA JUAREZ-YEA VOTE HOOVER-YEA KELLER-YEA MOTION CARRIED. BURROUGHS-YEA MAXWELL - YEA CHAIRPERSON LEDFERD CLOSED PUBLIC HEARING AT 6:50 P.M. . 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 Appeals _ Page 9 of 10 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 commercial 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 III, 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 AGENDA 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 decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Depart- ment. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary It October 19, 2006 _ Planning BoardIBoard of Adjustments and Appeals - Page 10 of 10 ACTION- DISCUSSION - VOTE I 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. otation regarding Application No. 06-012-SSA. Due to confusion as to whom was and~, , as 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 ;"hambers 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 approvfll remains the same as th, fI/ftljority of the votes were cast and the motion was carriel. 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 Jurisdiction: Date: -I ~ -OlP Petition No_ 7 -/"n} c;; '\.. L.{) j- .~:~~"'~ .} +CC- Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) V Name of property owner(s): h Owner mailing address: 7 j) c qq z... Name of applicant(s) if other than owner (state relationship): 5-r~ a. G 'b~ Applicant mailing address: f z...5 7 5 ~ TDE 0 I( e.eL.I..o~~~ 3 tfCt" z. Name of contact person (state relationship): "'8<' 6oo&/6rea..d - 5:,,12 I V P Contact ersondaytimephone(s): 1;iJ2~-{P3t./-~/,;J..1 Fax: 'Ih7-Z,Q 0 A.~ A P P L I C A N T V Property address directions to property: LID4 5",.) l.,.,g /Ne.. .. 3-2-8-~7-35-(X)(po-t)OO~o-OoI6 Parcel IdentIficatIOn Number: ~ -2B -37-~i; _'" L i - -On/) 7iJ - oo~~ Size of the Property (in acres): 0# (.p 50 Current Zoning Designation: RsF P R Current Future Land Use Designation: (Ls'P 0 Existing Use of the Property: rLs r / V ae.GJ1 f' P E: Proposed Future Land Use Designation: e.t:r R L'or'n1bU" el~ T Proposed Use of the Property: ~'5h-t- y Description of Surrounding Properties: ~A-s-r - r!J #lNJ~rt-l&-1 . W€S..,-=, ru- ~ tJiJ ~- ~F t}O.JT1f- (/.SF Legal Description of the Property (Lengthy Description May be Attached): Lo\-s L 1-, '3 4-l-J J t!# BloUL Z of- f20yo..-{ aJt.s AtdsJifr'oll ( V/l-e ec..lwbe~ Fi Uniform Land Use Application (rev. 12/03) Page J of 2 II' Survey of Property (11" x 14",20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map II' I hereby certify that the information in this application is correct. The information included in this application is fi use by the City of Okeechobee in processing my request. False or misleading' orm ion ay be punishable by a fme O!UP to $500.00 and imprisonment of up to 30 da ill . Y es in e summary denial of this application. ~~ a . (ja?~ Printed Name J"2-11I Joe., Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 December ~, 2006 I, George A. Goodbread, President of G4 Land & Cattle Company, hereby authorize Bradley G. Goodbread to sign as applicant on my behalf. This letter is in reference to the Future Land Use Map Amendment for Lots 1 through 4 of Block 2, Royal Oaks Addition, to change from Residential Single Family (RSF) to Light Commercial (CL T). George A. Goodbread Lots 3 and 4, Block 2, Royal Oak Addition G-4 Land & Cattle Company Lots 1 and 2, Block 2, Royal Oak Addition George A. Goodbread STATE OF Florida COUNTY OF Okeechobee Sworn to (or affirmed) and subscribed before methis \ \ day of ')~<=-t.V"f' ~'- ',2006, by bWCL4..t GOODf'>(lY\./ , personallY.Js.o,Q.wnJo me or produced a as identification. .---- (Seal) \'''''''' Robert Enrico ..... ~'t Pu", D359518 .:'~""'~~ C ~'''';sslon#D i~"&"~: {lu=u ~!\r\8 = .: : . :t'-dr-P-<.' DEC. 09, .v\.I :'CIl!9 .;s...!oAi"~-~ ~~'" .~ ~ Bonde.d '!'hrl1 ~:~ of'ir .,.:- .t1a.ntic Bond.lni Co., Inc. I""un\\\ no. /) \.,.(,9 5~ r- . \'1' \pc.... ::~o 5 0 0 FAGLO 68.. Hie No.: .12 DacuIIlIftIIIY StIImIB pIid In tile anlllUfIt cI $ 11.5.00 a.. c ........ T. pIid in tIlIllnaunt ciS -.e- __ ......... an d tIlcuIt CllUIt ~ .D.C. CIte: 5 "'-;).0Q3 P.mIlirmbun.ll.J@h!I11lQ JOHN D. CASSELS. JR. AllOmIIY at Law c...... & McC.ll P.O. Box tea 400 NW Socond SUHt OIlHChobee. FL 34173 Parcel Identification 11I0. 3_28-31-35.00&0.00020.0030 [Space Above This Line For Recording Datal Warranty Deed (SlAI1ITORY 1'I1RM.. SI'lTlON hS'),l):!. !'.S.l This Incknture made this 28th day of April, 2003 Between FRANCES" GOING. a single woman whose post office address Is 4242 FAVORITE ROAD. Fort Pierce. FL 34981 of the County of Saint Lucie. Stale of Floridl. grantor". and GEORGE A. GOODBREAD. a single man whose post office address is 12575 Hwy. 70 E. Okeechobee. FL 34972 of the County of Okeechobee. Stale of Florida, grantee.. LOTS 3 AND 4 OF BLOCK 2. ROYAL OAK IN PLAT BOOK 1, PAGE 8. PUBUC REC ion of the sum of TEN AND NO/1oo DOLLARS ($10.00) and n r in hand paid by said grantee. the receipt whereOf is hel'eby he said grantee. and grantee's heirs and assigns forever, the County Aorida, to-wit: CCORDlNG TO THE PLAT THEREOF RECoRDED CHOBEE COUNTY. FLORIDA. Witnessdh that said 9ranlOf. fOf and i other good and valuable consideration acknowledged, has granted, bargained. following described land. situate, lYing and said grantor does hereby fully warrant the title to all persons whomSO€'/er '~III defend the same against lawful claims of . "Grantor'" and "Granlee~ are context requires In Witness WhcrclIf. grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered '" our presence: 'f. (0 Ortlv?i-<'lA &i/-~'v0 1,1 WiJll'jss-Sig."illure (' 'tJ "'f:'~n'NA .Dl~..b ~si Wr')"I'rilll Name f\ 11.-: ~nd~1fC ~t: 1 / 'I.. . 'Jot2t-'- .L.,>o V<, (IL.s, ~nlt W".tncss.ltrin1 ~~:'I1\L'" ..J '!L v_' tZLf\.00~-~~--- I'RANeES.. GOING d FILED FOR RECORD OnECH08EE COUNT Y. Fl to 389699 03HAY -I P" 2: 30 SHARON ROBERTSON CLERK Of CIRCUIT COURT Slale "r f.. 'C \1) ( I Je,. C""n1y"r 't ~ t \-.u.c..it.. 1 hl." h'n:~l)m~ !lhtnnm:nt \\.,... ~K"'-!h)\\'klt~t:ll \\O.:furl." mt." thi... ~Kth tb~ ut AI\fit ~on~ hy Ft{AN( T.S (i. pc:r,..n.lll~ "-nu\'\1\ 11r 1 'ha, l"u",luft.."d ;.I.. i\k'.\1i ..... m. ,N,,,., ~"" I~ ' · I , 1",,,\,:,, ~.Ime f:tn(L Mo...1 t1_I_ l) ___ 1\1:- (','''"11i.''''n hpn,...: __ H(A,!J"l,---LJ~p05 l,lllNG. \\11" .L' ,;~ ANAMATEiRO I.: A. 'c".' MY COIHIISSION, DO\e17M ~~",-J EXPIRES _e.2Im .,..!,..~., B""_--,_ c.'-\ II) q I~ ,........... PreDared bv and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee. Fl 34973 FILE HUM 200~007758 DR BK 00529 PG 1891 SHARON ROBERTSON. ClERK OF CIRCUIT COURT OKEECH08[[ CDlJNTY. FL RECORDED O~m/200~ 09:20:08 AM RECORDIN6 FEES 6.00 DEED DOC 38S.00 RECORDED BY 6 I1ewbourn File No.: 1788 Parcel Identification No. 3-28-37-35-0060-00020-0010 rspace Above This Una For Recording Datal RR..c Lt -oU ~ ogS'~ Warranty Deed (STATIJTORY FORM - SECTION 689_02, F.S.) This Indenture made this 28th day of April. 2004 Between NELLY C. WALKER, a single woman whose post office address is 907 SW 2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee. State of Florida, granto.... and G-4 LAND & CATTLE COMP~da corporation whose post office address is 12575 Hwy. 70 East, Okeechobee, FL 34974 of the ~~keechObee, Slate of AorIda, grantee., Witnessetb that said grantor, for ~In ideration of the sum of TEN AND NO/1oo DOLLARS ($10.00) and other good and valuable consideraf rantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargain. I to the said grantee. and grantee's heirs and assigns forever, the following described land, situate. Iyi t:Vn keechobee County Aorlda. to-wit Lots 1 and 2, Block 2, ROYAL OAK D rding to the plat thereof recorded In Plat Book 1, Page 8, of the Public Records of Okeechobee Cou r1da. Subject to restrictions, reservations and e and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. . "Grantor" and "Grantee" ere used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ~ e NELY. ~R I-<-)r~~ State of Florida County ofOkeechobee The foregoing instrumept was acknowled ed l;.fore me this 28th day of Ap . , 2004 by NELLY C. WALKER, who U is personally known or M has produced iden . lion. ~ r;f\ Arnrl'>nn.) - [Notary Seal) Printed Name: ~ J'tr,. K8rIn AImIona . ~j Mf~D02118l1lJ ~.. ~ ElIpiu July 11. 21107 My Commission Expires: Okeec':lObee County Property Appraiser - Map Printed on 12/8/2006 5:09:25 PM Page 1 of2 Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida- 863-763-4422 I I I 57 114 171 ,t .' 1'; \\"*~; LandVal BldgVal ApprVal JustVal Assd Exmpt Taxable - I', ' ,,' .I! , . <:C., , ''''';.' ir '~.. ..;;~ - :-1', s PARCEL: - Name: Site: Mail: Sales Info This information, Last Updated: 12/4/2006, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information 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 http://okeechobeepa.comlGIS/Print_ Map.asp?pjboiibchhjbnligcafccjfhojiaehdomhloankkimfbpfhbofccep... 12/8/2006 D SearchResults .... -, Okeechobee County Property Appraiser Last Updated: 12/4/2006 Parcel ID: 3-28-37-35-0060-00020-0030 Owner & Property Info Owner1s GOODBREAD GEORGE A Name Site o SW 2ND AVE, Okeechobee Address Mailing 12575 HWY 70 EAST Address OKEECHOBEE, FL 34972 Brief legal ROYAL OAKS ADDITION LOTS 3 & 4 BLOCK 2 Total land 0.325 ACRES Area Neighborhood 518652.00 Tax 50 District UD Codes Market 40 Area DOR Use VACANT (000000) Code The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt land cnt: (1) $68,600.00 Value Ag land cnt: (0) $0.00 Value Building cnt: (0) $0.00 Value XFOB cnt: (0) $0.00 Value Total Appraised $68,600.00 Value Sales History http://okeechobeepa.comlGIS/D _ SearchResults.asp Page 1 of: 2006 Proposed Values Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 GIS Aerial Just Value $68,600.00 Class $0.00 Value Assessed $68,600.00 Value Exempt $0.00 Value Total Taxable $68,600.00 Value 12/8/2001 Okeechobee County Property Appraiser - Map Printed on 12/8/2006 5 :09:25 PM Page 1 of ') Okeechobee County Property Appraiser woe. "Bill" Sherman, eFA - Okeechobee, Florida - 863-763-4422 I I - I 57 114 171 tt. S W*F s PARCEL: - Name: Site: Mail: Sales Info LandVal BldgVal ApprVal JustVal Assd Exmpt Taxable This information, Last Updated: 12/4/2006. was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information 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 http://okeechobeepa.comlGISlPrint_Map.asp?pjboiibchhjbnligcafccjfhojiaehdomhloankkimfbpfhbofccep... 12/8/200f _D~ SearchResults Okeechobee County Property Appraiser Last Updated: 12/4/2006 Parcel ID: 3-28-37-35-0060-00020-0010 Owner & Property Info Owner1s G-4 LAND & CATTLE COMPANY Name Site 2104 SW 2ND AVE, Okeechobee Address Mailing 12575 HWY 70 EAST Address OKEECHOBEE, FL34974 Brief legal ROYAL OAKS ADDITION LOTS 1 & 2 BLOCK 2 Total land 0.325 ACRES Area Neighborhood 518652.00 Tax 50 District UD Codes Market 40 Area DOR Use SINGLE FAM (000100) Code The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt land cnt: (1) $68,600.00 Value Ag land cnt: (0) $0.00 Value Building cnt: (1) $14,278.00 Value XFOB cnt: (2) $648.00 Value Total Appraised $83,526.00 Value Page 1 of2 2006 Proposed Values Retrieve Tax Record Property Card Interactive GIS Map Print Search Result: 1 of 1 GIS Aerial Just Value $83,526.00 Class $0.00 Value Assessed $82,473.00 Value Exempt $0.00 Value Total Taxable $82,473.00 Value Sales History http://okeechobeepa.comlGIS/D _ SearchResults.asp 12/8/2006 BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIP nON: LOTS " 2, .J, AND 4, BL OCK 2, RO YAL OAK ADDI TlON, A CCORDING TO THE PLA T THERE:'OF AS RECORDED IN PLA T BOOK " PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ~@~lJ[}={] PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) SITE ADDRESS: 2104 S. Iv. 2ND A VENUE. 3) PARCEL 10: 3-28-37-35-0060-00020-0010. 4) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7) DA TE OF LAST FIELD SURVEY: 06/08/05. o 20 40 1,,,.1.,,.1.,.,1,.,.1.,,,1,,,,1.,,.1.,,.1 SCAlf IN FEET MAP SCALE: 1 INCH - 40 FEET LOT 10 BLOCK ~ "FIRST ADDITION ro SOUTH OKEECHOBCE" (PLAT BOOK " PAGe 17) I II (BEARING BASE) S 90VO'OO. E 299.82'(M) JOO"(P) f 90'gfJ,'g9F" E LOT 4 I BLOCK ~ "fiRST ADDITION ro SOUTH OKEECHOIlE:r (PLAT BOOK " PAGe 17) "i '" WATCR MET," .~ ~ l ~ l!s l!! e FOUND 6'" ROUND CONCRETe MONUMENT "4276" FOUND 6" ROUND CONCRETC MONUMENT ""276" FOUND 6" ROUND CONCRETE - MONWENT -4276" S 90VO'OO. E 142.41'(M) 142.5'(P) - - N. LINE Of'BLOCK 2 - - LOT B BLOCK 2 -- 51.4' --- LOT 1 BLOCK 2 it. ~ 45.5' CONCRETe WALK 1 STORY RESlOwa CO'o-f:RED AREA SHut ORIK"WA )" I -- I - - 5/.3' - - ..... ... 10.7 23,8' 45.7' - LOT 6 BLOCK 2 ~ ~ !i:' ~ ~ .~ ~ cs ~ ~ ~ ~~ .~1 i ~ Z b:3::: JR ' g ~ ~ ~ ~ ~ ::::: I LOT 1 I BLOCK 2 I I I I I TOTAL PARCEL CONTAINS :to.654 ACRES I I c, LOT 3 10 ~ BLOCK 2 ~ I I I I I I I I cs ~ ~ ~ ~ u~'! 1i5 '- CATV oi OJ .... urs ~ ~~ ~R ~II ~II 1 ... !i:'~ ~i1i ~ l!s "l ~ ~~ ~ ~ oil ~-- lkl ~ ~ ~ ~ ANCHOR LOT 7 BLOCK 2 :> llJ 15 , r-... ~ ~ ~ ~ D tI) S 89'57'57- W 142.67'(M) 142.5'(P) SET 5/8" IRON ROO .. CAP "KAB lS 4820" SET 5/8" IRON ROO .t CAP -KAB l.S 4820. 35.0' LOT 5 BLOCK 2 LOT 4 BLOCK 2 ~ i ~ ~ g rOUND '/8. /HCW ROO ct CAP -ALMOND 5081. b to '" --~ s. W. 22ND STREET (UNIMPRO'rCO 50' PiA rm; R/W) PREPARED FOI~ THE EXCLUSIVE USE OF: GEORGE A. GOODBREAD DESCRIPTION BOUNDARY SURVEY DWG. DATE 06/14/05 I BY CK WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE NORTH LINE OF BLOCK 2 IS TAKEN TO BEAR S 90.00'00" E FB /PG: FILE: 153/56-59 19367 SCALE: 1" = 40' JOB NO: 19367 TRADEWINDS PROFESSIONAL SURVEYORS AND MAPPERS 200 S.W. Srd Avenue Okeechobee, FL 34974 r2__ Tel: (863)763-2887 a4MU 4. i>~<4h Kenneth A, BreCiux, Jr. (PSM 4820) Certificate of Authorization No. LB 6719 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (If any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. ..... LaRue Planning & Management Services, Inc. 13 7 5 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No. The City of Okeechobee G4 Land & Cattle Co. 07-00 l-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: G4 Land and Cattle Co. Petition No. 07-001-SSA General Information Applicant/Owner: G4 Land & Cattle Co. Applicant/Owner Address: 12575 Highway 70 E Okeechobee, Fl. Contact Person Brad Goodbread Applicant Fax Number: 863-634-2121 Existing Proposed Future Land Use Map Single Family Commercial Classification Zoning District RSF-1 CLT Use of Property Vacant Light Commercial Acreage 0.650 0.650 Legal Description: Lots 1, 2, 3, and 4, Block 2, ROYAL OAK ADDITION, according to the plat thereof as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.650 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small-Scale Amcndment to the Comprehensive Plan. The applicant will also be rcquesting a rezoning change from RSF-l to CLT for the property. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: Residence East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant South: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: Residence West: Future Land Use Map Classification: Single Family Zoning District: RSF-l Existing Land Use: Residence ...--~ . Staff Report Small-Scale Comprehensive Plan Amendment Applicant: G4 Land and Cattle Co. Petition No. 07-001-SSA Summary: The applicant is requesting this Future Land Use Map change in order to operate a professional office on the subject property or to accommodate the heavy commercial uses across the street by alternating as a parking facility. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single- Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses in consistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The suhject property is within the Single- Family Future Land Use category and the RSF-l Zoning District. B. Concurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts would be substantial as this area is residential and the roadway may not be able to support more commercial traffic. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single-Family to Commercial Future Land Use category would create an incompatible use with the surrounding neighborhood. The existing Future Land Use categories, the existing Zoning Districts, and the existing uses of the surrounding area (north, south and west) are all compatible with each other. If granted, the commercial use would be incompatible with the adjacent uses. (See Future Land Use Map Attached) 2 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: G4 Land and Cattle Co. Petition No. 07-001-SSA D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP January 8, 2007 3 ~ -- 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 Petition No f)7 -tf& .SSfi Jurisdiction: ~ -cc., 01 Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) V Name of property owner(s): Glenda Bellamy and Renee Ellerbee A Owner mailing address: 2106 S. Parrott Avenue, Okeechobee, FL 34974 p .p Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: c A Name of contact person (state relationship): N Renee Ellerbee, owner T 863-357-0255 863-357-3955 Contact person daytime phone(s): Fax: v . . LU~ ::>w 71th :-:>treer, OkeechoDee, 1- ~4'::!/4 Property address I d1rectlOns to property: See Attached Exhibit "A" Parcel Identification Number: 3-15-37-35-0010-01850-0010 & 3-15-37-35-0010-01850-002 Size of the Property (in acres): .54 acres Current Zoning Designation: RMF P R Current Future Land Use Designation: Single Family :0 Existing Use of the Property: Single Family P E Proposed Future Land Use Designation: Heavy Commerical R T Proposed Use of the Property: Professional Office y .. Description of Surrounding Properties: Mixed / RMF, Single Fami ly, Light Commerical Heavy Commerical ., Legal Description of the Property (Lengthy Description May be Attached): See Attached Exhibit fiB" Uniform Land Use Application (rev. 12/03) Page I of 2 - . .t:r v' o 0_ _." __0 00 00 0.' ..000 0 __. ,0. . . ". "." .';Required~tt1l.chm~nts,-\ '. Survey of Property (11 n x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map v' Con.firmation oflnforinationAccuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of 0 eech bee in processing my request. False or misleading' . n may . Ie a fme of up to $500.00 and imprisonment of up to 30 da resu enial of this application. llerbee Printed Name Dec. J!'i, 2006 Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 . . EXHIBIT "A" Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records ofOkeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast corner of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest corner of Lot 6, Block 185, Town ofOkeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2. Block 185, and the North One-Half (N 1 /2) of abandoned Alleyway lying adjacent to said I.ot 2. CITY OF OKEECHOBEE, according to th~ PIal thereof recorded in Plat Book S. Page 5, of the Public Records of Okeeehobee County, Florida. Closers' Choice EXHIBIT "B" Directions From intersection of highway 70 and 441, head South on 441 to SW 4th Street (road just past U-Save and just before Norton Dry Cleaners) make a right (West) on SW 4th Street go down 1 block, property is on SW comer of SW 4th Street and SW 2nd Avenue. STATEMENT OUTLINING REQUEST RE: 203 SW 4th Street, Okeechobee, FL 34974 To Whom It May Concern: We, wish to have the future land Use designation changed from Single Family to Heavy Commercial in order to open a Professional Office. At the present time the property is zoned as RMF with the future land use as Single Family. At the same time that we are making application for the future land Use change we are also making application for the rezoning of the subject property. CMj;f;o~ 11111111111111I11I Warranty Deed FILE NUM 2006020777 OR BK 00618 PG 1981 SHARON ROBERTSON, CLERK Of CIRCUIT COURT OKEECHOBEE COUNTY, Fl RECORDED 12/1912006 11125:09 AM RECORDING FEES 10.00 DEED DOC 1,225.00 RECORDED BY R Pnrrish p, 19811 Ups) Prepared by; Record and Return to: Wendy Bostwick Big Lake Title Company, lnc 2106 South Parrott Avenue Okeechobee, Florida 34974 File Nwnber: 3150 Made this December 19,2006 A.D, ,By Christine E. Campbell, an unmarried penon, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter called the grantor, to Glenda Bellamy and Renee Ellerbee, as joint tenants with full rights of survivorship, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter calIed the grantee: (Whenever used hCRin the tenn -1RDmr-' .ud -grantee" include aU th~ parties to thls inlltJulnCnt and the b.ein. Icpl representatives and assigns of individuals. and the sucecISOrs and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the swn ofTen Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliell5, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida. viz: Lot I, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follnws: From the Southwest comer of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundaIy line of Lot 7, to the Southeast comer of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest comer of Lot 6, Block 185, Town ofOkeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lo! 2, Block 185, and the North One-Half (N112) of abandoned Alleyway lying adjacent to said Lot 2, CiTY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records ofOkeechobee County, Flonda ParcellO Number: 3_15-37_35-0010-01850-0010 and 3-15-37-35-0010-01850-0020 T ogetber with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfuJly seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2006. In Witness Whereof, the said grantor has signed and scaled these presents the day and year first above written. If C~~ Christine E. Campbell Addr...: 203 SW 4th Street, Okeechobee, FL 34974 .!E ~~ (Seal) , /L'~ WilnCS5pr~am. J~/- Ld/..!Dn. State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 19th day ofDeycmber, 2006, by Christine E. Campbell. an unmarried person, who is/are personally known to me or who has produced Ft ;j:lJ as identification. ~~~~~. iI..JI . · 7 u.. wlC~ (SEAL) t.~ .. Commisaion" 00601433 ~ "1/ Expires October 14, 2010 DEED Individual Warranty Deed . Legal on Face Ri~ ......Tror F. ~ ~ ~7011 Closcl3' Choice Bookfi 1 R/P::lop.1 ~R 1 r.FN#?OOfiO?0777 P::lnp 1 nf 1 14 TH STREET 10 9 B POINT OF COMMENCEMENT OR BK 111 PAGE 9 10 -..'...-[CORNER N~] _ _ 16.15 AIRPORT 01 TCH ~ 320' PLAT BOOK 1 PAGE 22 7 6 5 4 3 2 1 13TH STREET RBF ,...., - 1 7 1 B 19 2C 21 22 23 24 25 26 I I 10 9 B / 6 5 4 3 2 1 II II r) ~ '- 171B19 20 212~ 2~ 2L, 2~ 2E. 12 TH STREET Lu ::J :2: 1 J S B 1 7 llJ 1 C 11TI-I c;'TO~~T <::> <::> ~B 7 654321 j ? I I I OR BK 450/1584 : 9 10 11112113114115 16 17 1B AREA- i. 85 ACRES I I I I 7 6 5 4 32 1 , 18 2021222:;242526 I I 70 3: a, - :.,. <::> o <::> :z ~ OFJJWNNIJ:iP a / " 30. 00 I......,~ r, N89' 54' 32' E \ 4 3 2 ':' 1 ~ . ~ A -L ~ w '" '" --' 5 B\~ ~ 1 DB. 33' \p;, \\ ~ \ 6 7 c " cP o 5 432 16 1 \?" " <.p. .- 6', <" .... 6 "1" " l>' ,.,. .J' 7 B 9 10 11 ... u> c " ~ N89'54' 32'E 400.00 AREt i .150 lCREJ j" Al N89'54'32'E 59l. 85 , nn Dl/"Jf'JC /nC:::D OUA EASEMENT ~ ~ \Y ~ 019 ~ "1" " ,.,. '? ~'O ~~ .-\ Y...L- ~\ %0 ~ ~)) y...... C'> ~0 "'~ )) ~0\ -'0\ f- \ \ ~A o \-0 o \~c> ~ \~ A \Y-L {~ \~ V- " ~ <<' y " ,.,.~ ~ " 6' ~ ~ IS' ~ .- -0 '1' - " "0' v' 0'" "1- '0>0 yC') '-~>.-5'_ ~ v~-'. oS- \ \ SCALE 1 AREA 1. 50 AC. 1.85 1.27 .17 .446 .482 .482 .885 5.92 13. 005 \~ o \5\ o~ \0 u)~ 0' \0 u) \0 o \~. Lu ::::J < Lu > '<:;( , I-- I-- L;:: Cl ..... .... 0:: a 0:: Lri '<:;( l.() l.() Q .... :k co .... ~ a a a <: 100 l 304 111 C.U L.L c.c. C.JL'"t L--' L-U I I 11TH STREET 10TH I 10 9 8 7 6 5 4 3 2 1 5' L FY 31 17 18 19 20 21 22 23 24 25 26 STREET 1 C 9 8 7 6 5 4 3 2 1 I 20' ALLEY ~ D 1 I lE. IS 20 21 2::' 2~ 2L 2E. 2f. I FaUNa IRON PIPE 9TH STREET I -------~ !::J - ... ~ - - 1- - I.L '-' I ~ . I - - - - -. AREA- 1.85 ACRES a "- '" Co OR BK 290 /171 OR BK 322/1644 6 1 ~ C;jS; BlK ;'F" ~ ~l S9' 54' 2' E 37 . 00 10 9 Ef? o o :z 32 14 15 16 1 7 18 19 20 t..l o '<{ o c::j "- '" .... 21 22 23 24 25 2'6 uj 0> ~ ~ In - .,; ;:,:r: gj ~ I-- .. ~ Ll.. ~ 8- ~ Z lJ... g 50' OR BK399/024 a a .... I-- C1) '<:;( Lu LU 13 1 11 1 > '<:;( 987654321 CJ 0:: - ::r:: I-- 3 14 15 16 1 1 19 20 21 22 2 24 5 26 70 a "- I I 50 L________ \~ o R=36!. 03 A=17'34'51'-l:'110...l.a R=449.98 A=34' 35' 48' A=27!. 71 ~ - -- OR BK3B6/164 \~- \ R=449,98 A=12'51'35" A=IO!.OO OR BK3B6/J64 ~ I<i <II Q. ~ 0 0 i15 c::j 0 ~ (T") ;: x ~ ~ ; :;". 0 0 ~ 0 .. :z ;:: !II 70 3 2 1 0 AREA . 482 AC. 0 c::j 0 (T") '" 20' ALLEY Co 4 - :;". 0 0 0 4 5 6 :z AREA . 482 AC. 175. 76 + /- N89'54'32'E 150. 00 RBF RBF 156.41'/- 51 o (T") '" "" ~ AREA-. B85 ACRES :;". o o o :z NS9'53'34'E 162.35 ,/- ~ R/R CUI. VF:RT SCL R/R CENTERLINE LELAND s. w. 3rd DYALS, RLS AVE., OKE~CHOBEE, 2084 FL 34974 PHONE, FAX. . . OR BK 38 --- [ 863 ] [ 863 ] 7E 7E -" LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set - 0 IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (PJ - As per the plat of (FJ - Field Measurement (OJ - As per the deed (CJ - Calculation NO TES: 1. Basis bearing 2. Bearings ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. ~ Description as per owner CERTIFIED TO: WILL lAM MASON DESCR I PT ION: ALL THAT PORTION OF THE FOLLOWING DESCRIBED LAND LESS AND EXCEPTED THE RIGHT-OF WAY OF NORTHEAST 9TH STREET: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH BOUNDARY LINE OF SECTION 15. TOWNSHIP 37 SOUTH, RANGE 35 EAST, SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK 1, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2. PAGE 17. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW RECORDED IN PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. RUN THENCE SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND THE SOU THERL Y PROJEC T I ON THEREOF, OF BL OCKS 1, 16, 1 7. 32, 33, 34, AND 51 OF SAID PLAT OF OKEECHOBE~ TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY; THENCE RUN EAST, ALONG THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY, TO THE WESTERN SHORE LINE OF THE ONOSOHATCHEE RIVER OR TAYLOR CREEK, AS NOW LOCA TED; THENCE RUN NORTHERLY, MEANDERING ALONG SAID WESTERN SHORE LINE OF SAID CREEK. AS NOW LOCATED, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID SECTION 15; THENCE RUN WEST. ALONG SAID NORTH SECTiON IINF Tn THF \ I I !- \ ~ NO. REVISIONS DATE ...,.............. 'V" ""u ,ur:;. ,vvn,n DVV'Vl.JMHr LINt:. UI- ~AIU SECTION 15; THENCE RUN WEST, ALONG SAID NORTH SECTiON LINE, TO THE POINT OF BEGINNING. LYING IN AND COMPRISING A PART OF THE NW1/4 OF SECTION 15. TOWNSHIP 37 SOUTH. RANGE 35 EAST, OKEECHOBEE COUNTY, FLOR IDA. T LOTS 1 TO 18. I NCL US I VE OF BL OCK 17. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1. 2 AND 3. BLOCK 32. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. LOTS 1. 2 AND 3. BLOCK 32. OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1. 2 AND 3. BLOCK 32. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. LOTS 4 AND 5. BLOCK 32. CITY OF OKEECHOBE~ ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1. PAGE 22. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLOR IDA. LOTS 6 AND ~ BLOCK 32. CITY OF OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1. PAGE 22. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLOR IDA. LOT 12 BLOCK 32. CITY OF OKEECHOBEE LOT 13. BLOCK 32. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5. OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLOR IDA. LOT 26. OF BLOCK 32. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2. PAGE 17. PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. A COPY OF SAID PLAT BEING ALSO RECORDED IN PLAT BOOK 1. PAGE 10. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. AND ALSO RECORDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. LOTS 1 AND 2 IN BLOCK 33 AND LOTS 1 THROUGH 6. I NCLUS I VE, IN BLOCK 34. OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOR IDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECT/ON AN~,5, V. ,ION.. . '~A~. LErA'NDOYALS~~RtS"'2V~------- BY SCALE: I' = 000 COMPUTED BY: DRAWN LD BY: ~~~~~RY JN6915 F. B. IPg.: CO. xx/aD LOCAr ION: L -00. 8-00, SU8D I V I S I ON SURVEY FOR: SEAL SE-TP-RG 11/02/06 6915 WILLIAM MASON DATE: JOB NO. : DWG. NO. : SHEET 1 OF 1 01 _ LaRue Planning & Managelllent Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report - Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-SSA Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-SSA General Information Applicant Phone Number: 863-357-0255 Future Land.UseMap Classification Single-Family Commercial Use of Property Single Family Residence i\.Creag~ Location: 203 SW 4th Street, Okeechobee, FL 34974 Professional Office Legal Description: Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida (fonnerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast comcr of said Lot 7 for POINT OF BEGINNING; thence cast on cxtcndcd linc to the intersection with the Wcst boundary line of Kissimmee Street; thence North along said West linc of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One-Half (Nl/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.54 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small-Scale Amendment to the Comprehensive Plan. The applicant is also requesting a rezoning change from RMF to CHV for the property. 1 .. Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-SSA Adjacent Future land Use Map classifications and Zoning Districts: 11i~";;m;~)Jhlg~~&~<<1it4i,g;- ~,R~hW-~\t~.~xu__ifi CHV. I' ~~1111~~~fMIIIJ:_ Zoning District: RMF Zoning District: RMF Zoning District: RMF Summary: The applicant is requesting this Future Land Use Map change from Single Family to Commercial. in order to operate a professional office, although a Commercial Future Land Use allows many other uses. The current corridor of land designated as Commercial Future Land Use in this area does not cross S.W. 2nd Avenue south of S.W. 4th Street. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single-Family Future Land Use category and not allowing the Commercial to encroach west of S.W. 2nd Avenue. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth in a compatible manner. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The applicant's request to amend the Future Land Use Map would be inconsistent with the Future Land Use Element. The subject property is within the Single-Family Future Land Use 2 Staff Report Small-Scale Comprehensive Plan Amendment Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07 -002-SSA category and the RMF Zoning District and IS already developed with a single-family residence. B. Concurrency of Adequate Public Facilities Public facilities would be available, but traffic impacts for uses within the CHV could be substantial. Although this area is primarily residential, SW 2nd Avenue and SW 4th Street could probably support more commercial traffic. However, this would need to be determined prior to allowing the commercial use. C. Compatibility with Adjacent and Nearby Land Uses The change from the Single-Family to Commercial Future Land Use category would create an incompatible use with the properties immediately adjacent to the subject property_ (See Future Land Use Map Attached.) In addition, if the City were to allow this request it would be setting a precedent in an area of the City which is best suited as a residential neighborhood. S.W. 2nd Avenue currently acts as a buffer from the existing Commercial uses to the east. D. Compliance with Specific Standards of the Plan. The applicant's request, if granted, would not be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff does not recommend for approval of this request. Maps or Diagrams Submitted by: James G. LaRue, AICP January 7, 2007 3 ~@~lf[}={] o 15 30 1....1,..,1....1....1....1,..,1....1,..,1 SCALE IN FEET MAP SCALE: 1 INCH. = 30 FEET BOUNDARY SURVEY PREPARED FOR RENEE ELLERBY & GLENDA BELLAMY -OHIoI --1-- LOT 5 LOT 4 L ~ OHIoI OHIoI OHIoI ^ EAST 150.00'(0) N 89'59'49" E(C) P.O.C (ORB 153. PG 505) (LESS PARCEL) N. W. CORNER OF LOT 6. BLOCK 185 LOT 6 T I I EDGE OF ASPH AL T .0 o '" - ~ S. W. 4TH STREET FIFTH AVENUE(P) 100' R/W GRASS MEDIAN ~ CPP CONCRETE SIDEWALK EDGE OF ASPHALT N.E. CORNER OF BLOCK 185 SET MAG NAIL .Ie DISK 'KAB LS 4820' SET MAG NAIL .Ie DISK 'KAB LS 4820' ,-.. Q... ........ .0 c:5 I[) ,-.. U ........ r<) LOT 3 c:5 I[) ~ r-.. .0 0 0 0 (f) LOT 2 >--~ z" wN ::;'" W(.'J ~"'" "'.0 >-00 !:O'" d", >--0 ::>~ .--L- 15' ALLEY OHIoI I OHIoI~ P.O.S ;ORB 153. PG 505) ::\ .& (LESS PARCEL) ~ .J..~"OJ AY '0' ~"," p~ -<$-' E'L Y. UNE OF LOT 0;;;' .~ 6 BLOCK 185{P) I? .rS- ",0, '" .&' ;: ;: CONCRm STEPS 2.0' 2.0 '" Ix> >-u OLD N "'z N 0", SEPTIC oj >--0 '" TANK '" Vl(ij -'" '" I I L__J S'L Y UNE OF LOT 1 BLOCK 185 Y LOT 1 / ,,~ ,~y .~/ ,(;;)" ",OJ -<-- S~~~-p "~II '" ['oj ~ CONCRETE ,-.. Q... io. ",I[) ['oj" ~I[) :;:,-.. U ::CX) :::---' .oc.o ~c.o p . 01' 01[) Z~ ~ ~ / / ro io 0 ~ r-- ~ 0 '" 0 :;: ~ Z' ~ .0 0 0 0 z '0 ~ a:: 0 z WATER METER WPP ~ "'" :r [L ~ Vl "'" I "- S- O 0 ~ '" (.'J 0 iD w .0 15 0 :> 0 :r Z 0 '0 0" 0 Q 5." .", N :;: - - 45.9' - - , b o o o z / GRAVEL DRIVEWAY Q TOTAL PARCEL CONTAINS :1:0.54 ACRES ~ CONCRm ~ N. UNE OF NORTH CURVE STREET ABANDONED NORTH CURVE SlREET & FLORIDA EAST COAST RAILROAD PARCEL N 89'59'49" E 99.99' N 89'59'49" E 107.55' N 89'59'49" E WEST(D) N 89'59'49" E 150.00'(C) 119.71' N.E. CORNER OF LOT 6. BLOCK 185(P) SET 5/8" IRON ROO & CAP "KAB LS 4820" SET 5/8" IRON ROD & CAP 'KAB LS 4820' L-1: N 89'59'49" E L-2: S 39'01'12" W L-3: N 39'0"12" E L-4: N 00'00'11" W I -'i' N RQ''iQ'4.Q'' F 36.36' 9.65' 12.00' 9.33' 4.? 44' FOUND BOAT SPIKE (NO L.D.) WPP (ABANDONED) TELEPHONE BOX I!' '" '" u z o u - 35.0' / ~J~- I -~I~ ::> [L Z1=" w w > w <( ~ ol~ ~1~ .VJ ~ ~ ui ::.:: I ""Vi ""V ~ b o Iii 10 r-- t-'.U.C. r~~:B C~N~G ~05) LOT 7, BLOCK 185 EAST (0) t-"U.tL~ (ORB 153. PG 505) S.E. CORNER or LOT 7, BLOCK 1B5 . . .... 99.30'(C) ~.., . '.50.74'( C) '. ...... .' : N89:59'49"E(C), . EAST(O) N 89'59'49" E 150.04'(C) EAST (0) N 89'59'49" E 200.79'(C) ~ II o o o z N 89'59'49" E / DESCRIP nON: LOT 2, BLOCK 185, AND THE NORTH ONE-HALF (N1/2) OF ABANDONED ALLEY LYING ADJACENT TO SAID LOT 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND (OFRCIAL RECORDS BOOK 153, PAGE'S 505 &' 506) "LOT 1, BLOCK 185, TOWN OF OKEECHOBEE, ACCORDING TO THE PLA T THEREOF RECORDED IN PU! T BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TOGETHER WITH THA T PART OF ABANDONED NORTH CURVE STREET AND FLORIDA EAST COAST RAILROAD RIGHT OF WA Y DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 7, BLOCK 185, TOWN OF OKEECHOBEE, RUN EAST ALONG SOUTH BOUNDARY LINE OF LOT 7, TO THE SOUTHEAST CORNER OF SAID LOT 7 FOR POINT OF BEGINNING; THENCE EAST ON EXTENDED LINE TO THE INTERSECTION WITH THE WEST BOUNDARY LINE OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISSIMMEE STREET TO INTERSECTION WITH THE NORTH LINE OF NORTH CURVE STREET; THENCE SOUTHWESTERL Y ALONG THE NORTH BOUNDARY LINE OF SAID NORTH CURVE STREET TO THE POINT OF BEGINNING; LESS THE FOLLOWING: FROM THE NORTHWEST CORNER OF LOT 6, BLOCK 185, TOWN OF OKEECHOBEE, RUN THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 150 FEET FOR THE POINT OF BEGINNING; THENCE RUN SOUTH ON A LINE PARALLEL TO WESTl:.7?N BOUNDARY OF SAID LOT 6 A DISTANCE OF 100 FEET; THENCE RUN EAST ON A LINE PARALLEL TO THE NORTHERN BOUNDARY OF SAID LOT 6, TO THE WEST BOUNDARY OF KISSIMMEE STREET; THENCE NORTH ALONG SAID WEST LINE OF KISS/MMEE STREET A DISTANCE OF 100 FEET; THENCE RUN WEST TO THE POINT OF BEGINNING. PROJECT SPECIFIC LEGEND: UTS = TELEPHONE PEDESTAL CPP = CONCRETE POWER POLE HPP = WOOD POWER POLE PROJECT SPECIFIC NOTES: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULATED(C) AND MEASURED(M). 2) SITE ADDRESS: 203 s.1f. 4TH STREET. 3) PARCEL 10: 3-15-37-35-0010-01850-0010 &' 0020. 4) F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 5) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGMNG PARTY OR PARTIES. 7) DA TE OF LAST RELD SURVEY: 11/20/06. FOUND BOAT SPIKE (NO 1.0.) t. S.W. 6TH STREET L U) U) STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility o O::r: or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. CD )> fTI No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Z ~ ~ Mappers (Chapter 61G17-6, F.A.e.) pursuant to Section 472.027, Florida Statutes. o .. PREPARED FOR lHE EXCLUSIVE USE OF: . . 6 RENEE ELLERBY I FIRST AMERICAN TITLE INSURANCE CO. N --->.~.. GLENDA BELLAMY BIG LAKE TITLE COMPANY, INC. a ~ SEACOAST NATIONAL BANK ~ II --->. ESCRIP110N REFERENCE: DESCRIPTION ROVIDED BY aJENT OR CUENrS REPRESENT A 11\IE -...j ~ 0 BOUNDARY SURVEY ~I] I l TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (8E;3) 763-2887 ~ /1<J !! -1va~-:-1Af1..-l.j/'1 It- 0/1 f7LlVt~ ;1 //! ...~ Kenneth A. Breaux, Jr. (PSM 4820) CertiliU of LuthonzatlOn No. LB 6719 ~ DWG. DATE 11/21/06 BY we CK KAB EARING REFERENCE: E CENlERLtlE OF S.W. 2ND A\lENUE IS TAKEN o BEAR NORlH 00'01'08" WEST B> FB/PG: FILE: 197/39-41, 202/72 20527 SCALE: 1" = 30' JOB NO: 20527 LEGEND @-Set Iron Rod and Cop TWPS 6719 .-Found CM .-Found Iron Rod (and Cop) @ -Found Pipe (and Cap) ABBREVIA TIONS ft=Baseline; BM=Benchmark; <f=Centerline; C=Calculated; CA TV=Cable TV; CM= Concrete Monument; CONC=Cancrete; D=Oeed; D.=Delta or Central Angle; E=East; E'L Y=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flaad Insurance Rote Mop; FND=Faund; IP=lron Pipe; IR&(C)=lran Rod (and ID Cop); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'L Y=Northerly; NGV(D)=Notianal Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overheod Wires; I[=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permonent Control Point; POB=Paint of Beginning; POC=Point of Commencement; PRC=Paint of Reverse Curvature: PRM=Permanent Reference Monument; PT=Point of Tongency; PU&D=Public Utilitiy and Drainage: R=Radius; R/W=Right-of-Way; S=South; S'LY=Southerly; T=Tongent;, TEL=Telephane Splice or Switch Box; W=West; W'L Y=Westerly; UTIL=Utility(ies); ;t.$i-=Spot Elevation bosed on indicated Datum. 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) 763-1~86 Fee Paid: Date: \,).. 2nd Hearing: Publication Dates: Notices Mailed: - ezoile. ~pecJa xcepl on. anance V Name of property owner(s): William H. Mason A Owner mailing address: 1032 SW 20 Avenue Okeechobee, FL 34974 p p Name of applicant( s) if other than owner (state relationship): No t applicable L I Applicant mailing address: Not applicable C A Name of contact person (state relationship): Not applicable N T Contact person daytime phone(s): 863-697-6547 Fax: 863-467-4618 Uniform Land Use Application R S "IE ti V V Property address / directions to property: West entrance to Commerce Center Indicate current use of property: Vacant - Holding Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): None Approximate number of acres: 13.01 acresIs property in a platted subdivision? Yes, a portion Is There iI current or recent use of the [)ropeny that ie/was a violation of county ordinance? I f so, describe: p ]\;0 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: No E R Is a sale subject to this application being granted? No T Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: y No. Lots 12 & 13 Block 32, City of Okeechobe" . to remain 10 natural state Describe adjoining land uses / improvements to the North: Future Assisted Living Facility South: Industrial East: Industrial Park West: Multi-Family Existing zoning: Holding Future Land Use classification: RSF Actions Requested: (XX2Q Rezone ~ Special Exception LJ Variance Parcelldentification Number: see attached list V Confirmation oflnformation Accuracy I hereby certifY that the information in this application is correct. The infoffilation 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. ~~41{--- William H. Mason 12/18/06 Printed Name Date Uniform Land Use Application (rev 1/03) Page I of 2 Current zoning classification: Holding Requested zoning classification: RSF R What is your desired permitted use under the proposed classification: E Construct a single family residence Z 0 N If granted, will the new zone be contiguous with alike zone? Yes E Is a Special Exception necessary for your intended use? No Variance? No Describe the Special Exception sought: l- S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest ofthe area and residents? p T 1 0 If business_ briefly descrihe n<Jture irk luding Dumber of employees, hours_ noise generation and activnie<, to be i'\ conducted outside of a buildin."-: Describe Variance sought: l- V A R Describe physical characteristic of property that makes variance necessary: 1 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 li03) Page 2 of 2 William H. Mason Property Owner and Applicant Statement of Interest in Property I, William H. Mason am the record title owner of the following listed properties. The intent of the attached application is to secure a change in zoning from the existing classification of Holding (H) to Residential Single Family (RSF). R3-15-37-35-0010-000l0-001B - O.R. Book 385 Page 962 R3-15-37-35-0010-00340-0040 - O.R. Book 386 Page 164 R3-15-37-35-001O-00340-001O - O.R. Book 386 Page 164 R3-1 5-37-35-0010-00330-0010 - O.R. Book 386 Page 164 R3-15-37-35-001 0-00320-0260 - O.R. Book 399 Page 024 R3-15-37-35-001 0-00320-0010 - O.R. Book 322 Page 1344 R3-15-37-35-0010-00320-0040 - O.R. Book 379 Page 1817 R3-15-37-35-001O-00320-0060 - O.R. Book 396 Page 0858 R3-15-37-35-0010-00170-0090 - O.R. Book 450 Page 1584 R3-15-37-35-001O-00170-001O - O.R. Book 450 Page 1584 R3-15-37-35-0010-00010-001G - O.R. Book 614 Page 1666 R3-15-37-35-001O-00010-001L - O.R. Book 385 Page 962 - ~e,IP/O.60 bot, 11"1 tJ. (}O 85 9'"'2 ~50K 3 ,raCE U " -~~~~ r~.~~ ~IDN~ 3-15-)7-35-0010-00010-001A Gtanloe #1 TIN: 264-82-2722 Warranty Deed This Indenture, Made this 11th day of December, 19 96 A.D., SARAH HAMRICK, a single woman, Between otlbe Co.ntyot Okeechobee S'ateot Fl'orida WILLIAM H. MASON, a single man, , grantor, and whoseoddressis:l032 S.W. 20th Avenue, Okeechobee, Florida 34974 of the Co.ntyot Okeechobee Staleof Florida ,grantee. Witnesseth ,hat the ORANI'OR, torand in consideratioo oBhe sum ot - - - - - - - - - - - - - - - - - - - - - - - TEN & NO/I00($10.00) - - - - - - - - - - DOL~ and other good and valuable considemtion to. GRANTOR in hand paid by GR.ANrEI!, tbe receipt whereof is bereby acknowledged, has granted, bargained and sold to the said GRANI'EE and GRANIEE.'S hd~ aod assigns forever, the following described land, situate, lying and beingin ,he County of Okeechobee Stale of Florida to wit: BEGINNING at a point on the North boundary line of Section 15, Township 37 South, Range 35 East, said point being due North of the Northeast corner of Block 1, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, ~age 17, public records of St. Lucie County, Florida, now record~d in plat Book 5, Page 5, public records of Okeechobee County, 'Florida, run thence South to the Northeast corner of said Bloc~ 1; thence run Southerly, along the Eastern boundary and the Southerly projection thereof, of Blocks 1, 16, 17, 32, 33, 34, and 51 of said plat of OKEECBOBEE, to the intersection with the North line of the Seaboard Airline Railroad right-of-way; thence run East. along the North line of the Seaboard Airline Railroad right-oi-way, tv the Western shore line of the Onoshohatchee River or Taylor Creek, as now located; thence run Northerly, meandering along said Western shore line of said creek, as now located, to the intersection with the North boundary line of said Section 15; thence run West, along said North Section line, to the POINT OF BEGINNING. Lying in and comprising a part of the NW\- of Section 15, Township 37 South, Range 15 East, Okeechobee County, Florida. LESS AND EXCEPT: (Continued on attached) and the grantor does he.rcby fully warmnt the tiUe to said laD~ and win defend the same against Jawful claims of all persons. whomsoever. In Witness Whereof, ,he her blind and ,seal the day and year fiIS' above written. Signed, ealed a delivered in 0 EVA MAE ONELY ~ TOM W. ,? Wit ~C)~ SARAH HAMRICK P.O"Address Post OfrlCe Box 837, Okeecbobee. FL 34973 (Seal) STATE OF FLORIDA CO~ OF OKEECHOBEE The [oregoing in6trUment was acknowledged before me Ihis SARAH HAMRICK, a single woman, who is peISOnalJy known to me. This Document Prepared By: TOM W. CONl!LY,m CONl!LY '" CONELY. P A. 2D7 N.. W. 2ND snumr ~OKEBOlOBEH,FL 34m R E T U R N T o EVA MAE CONay MY CVMMISSKIN' Gl:24S1<lO EXPllk-s: 0,. """'lor 12. 111116 Bonded lTlnr 110"-"",- Uo_ 12/12/96 11th day of December, 1996 by tJ)~~~2 j.f";}"'. .."",,"p';:?'.' Warranty Deed - Page 2 i:>il-r ~~o-; 385 P^GE 963 A strip of land 100.00 feet in width, lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: BEGIN at the Southeast corner of Block 1, CITY OF OKEECHOBEE, according to plat thereof recorded :in Plat Book 5, Page 5, public records of Okeechobee County.., Florida, said point of beginning is also shown on survey of RIVERSIDE DRIVE, according to the plat thereof as recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida; said point of beginning is also a point of intersection of the Northerly right-of-way line of N.E. 13th Street, (formerly N~neteenth Street), and the Westerly right-of-way line of Riverside Drive; thence. bear N B9"56'33" E along the Eastward projection of the North right-of-way line of said N.E. 13th Street a distance of 10B.33 feet to the intersection with the Easterly right-of-way line of Riverside Drive; thence bear S 22"40'26" W along the aforesaid Easterly right-of-way line of Riverside Drive a distance of 10B.33 feet; thence bear S B9"56'33" W parallel with the aforesaid Northerly right-ai-way line 'of N.E. 13th Street to the intersection with the said Westeriy right-of-way line of Riverside Drive a distance of 10B.33 feet; thence bear N 22"40'26" E along the said Westerly right-of-way line of Riverside Drive a distance of 10B.33 feet to the POINT OF BEGINNING. S~ject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1996. .s-:}I s---:'~ 289851 FrlEDFOR RECOfW OKEECHOBEE co. FL. 96 DEe I I Aft 10: 1) 6 5l-llH10f-J ROBERTSON ClERI~ OF CIRelllT COURT cal~~:z~ei:~~~2 11 l?eL />.d'fJ J)ot.. /;/. I){) OR'- BOOK 386 PAGE 164 3-15-37-35-0010-00340-0010 P~IDNmOO= 3-15-37-35-0010-00330-0010 Graotcc #1 TIN: 264-82-2722 Warranty Deed "(;!, This Indenture, Made this J.l.!!!::aay of December, 19 96 AD. . Between LOUIS B. FINE FAMILY LIMITED PARTNERSHIP, a Virginia limited partnership . oCtheCountyoC SlaleoC Virginia WILLIAM H. MASON, a single man, , grantor, and whoseaddrcssis:1032 S.W. 20th Avenue, Okeechopee, Florida 34974 oC the County oC Okeechobee State oC Florida , grantee. Witnesseth lhallheGRANTOR,CorandinconsidemlionoCthesumo[ - - - - - - - - - - - - - - - - - - - - - - - TEN & NO/100($10.00) - - - - - - - - - - DOLUR~ and ol:ber good and valuable consideration to GRANTOR in band paid by GRANIEH. tbe receipt whereof is hereby acknowledged, hos granted, bargained and wid to the said GRANTEE and GR.ANI'EE.'S heirs. and assigns forever, the following described land, situate. lying and being in the County 0[ Okeechobee Slate or Florida to wit: Lots 1 and 2 in Block 33 and Lots 1 through 6, inclusive, in Block 34, OKEECHOBEE, according to th~ plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations 'and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1996. f IUD F(1[< [([[nl(\) Cd;ELCHOCI~E (' j- 290415 9G DEe 27 f\r\ II : 11-/ SI.inlW;~ HOGEE TSOi~ CLIRICOF CIRCUIT COLIn, and the grantor does hereby fully wammllhe title to &aid land. and will defend t11;e same against lawful claims or aD persons. whomsoever. In Witness Whereot; the grantor bas hereunto set his hnhd and seal the day and year first above written.. Signe~ sealed and delivered in our presence: ~:~~NE FAMILY LIMITED j4/L ~/~ By:. ~ /1;-8..., /' (Senl) Prl.nted Name:~ "'Ko,.)AnnDI1 LOUIS B. FINE, General Partner Witness C':--I.. /' P.O;.Ad<hess 2101 Parks Avenue SIC. 601, VrrginiaBeacb, VA 23451 ~ A1dtt. ...:>v r ou..0~;-' P~inted Name: 'Bre.lL<.. 1c SI-rour/' Wl.tness COMMONWEALTH OE,JfII1GINU. L 9hf€OUN'PY OF 1\7l~/NI:\~e<ul'lv;;.- R The foregoing instrument was acknowledged befl)TC me this n day or December, 19 9 6 E LOUIS B. FINE, General Portner on behalf of LOUIS B. FINE FAMILY T LIMITED PARTNERSHIP, a Virginia Lllni ted PaTlnership. U He is personally kDown 10 me or who has produced his "J)r ill c.e. ~ ~~i cell J:<- . . R as identilicatio,n. - N. This Document Prepared By: . .". T TOMW.CONEL.Y,m o <X>NEL.Y&<X>NEL.Y,PA inted N :~:Jv/J C;9$",,~;e-'R(""c.'~~~~ 7JJ7 N. W. 2ND SI"IlEHr NOTARY PUBLIC '" r:r ~OKEECHOBEI!. PI. 349'l2 My Commission Expires: 1-3/- DO ~ ~'i- ?t~:Z~t~~=2 .---. 11{!) ,sr.) ~t, ,5-j)D lYJc , ~IDNum~ 3-15-37-35-0010~00320-0260 Gtaul= #1 TIN: 264-82-2722 Warranty This Indenture, Deed Made this [Space AbDYe This Line For,ReCOrding nala] Z4 ~ay of NO;Vember ,19 97 AD., Between GEORGE SIMMONS, a married man of tbe County of OKEECHOBEE Sta'eof FLORIDA , grantor, and WILLIAM H. MASON, a single man whoseaddressis:l032 S.W. 20th Avenue, Okeecho):>ee, FL 34974 of the County of OKEECHOBEE State of FL;ORIDA , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of - (- - - - - - _ _ _ _ TEN & NO/IOO ($10.00) - - ~ - - - - - - - I DO~ and other good and valuable consideration to GRANI'OR in hand paid by GRANrEB. the receipt whereof is hereby acknowledged, has granted. bargained and sold to the said GRANTEE and GllANTEE's heirs and assigns f=r, the following described land, siluate, lyingandbcinginthecountyof OKEECHOBEE S1atcoC FLORIDA towil: Lot 26 of Block 32, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, public records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10, public records of Okeechobee County, Florida, and also recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. ' SUBJECT to restrictions, reservations 'and easements of record, if any, which are not reimposed hereby; and taxes subsequent to December 31st, 1997. THE PROPERTY HEREIN CONVEYED IS NOT THE HOMESTEAD PROPERTY OF GRANTOR. (Continued on attached) and the grantor does hereby fuUy warrant the title to said land, and will defend the same against lawful claim!> of all persons whomsoever. hereunto set bis band.- and scal tbe day and year frrst above wrinc:n. s ~rr~-L~nl4-(Scal) E Ns P.O,Address 1065 N.R 102nd Street, Okeechobee, FI.. 34972 (Seal) (Seal) Witness (Seal) Witness The foregoing instrument was acknowledged before me this ..~. STATE OF FLORIDA COUNTY OF OKEECHOBEE Jtu' lIay of November . 1997 by R E T U R N T o CONELY & CONHLY. P A 2f11 KW. SI!COND Sl1U!Kr ~OBl!l!, FI.34972 ~ORGE SIMMONS, a married man w~o ispersona.lly known 10 me 0(" who has produced his Florida tak:e an oath. This Document Prepared By: driver's license asidentificatioo and wbo did not GINA MOfIlIAN..GOU:MAN MY GOMMISSION , CC414964 EXPIR _15,1998 P BONOeO TlflUlROY FA/ft IHSUIWICE,INC. PAGE 024 f.l~'~.&l'<~R~ ,y~j,d~~ranty Deed - Page 2 ",.,,- THIS INSTRUMENT WAS PREPARED FROM INFORMATION PROVIDED BY THE PARTIES. MARKETABILITY OF TITLE IS NOT GUARANTEED NOR ACCURACY OF THE DESCRIPTION, AS TITLE WAS NOT EXAMINED. $J G_S_ 302410 FilED FOR RECORD OKEECH08EE CO. FL. 91 DEe -4 f\M 81 50 SHARot~ ROOERTSON CltRK OF CIRCUIT COURT "-OR 3'9 8m 9 pm 025 ?sJ)~~~e~~~~ ~~OK 322 PAGE 13 4 4 PILEDT{'; Ot(LE~..; y -1/ J..! /,;-c' n (p , U F!.~?5 228787 91 flPP 2!, i~:j ,;. , I GLCF;;; . CLE~I\ OF CLd ~IDN_~ 3-15-37-35-0010-00320-0010 G.an_ #1 TIN: 264-82-2722 Warranty Deed This Indenture, Made this ~ day of A r ~ I L ,19 91 AD.. JOHN C. PIRTEL, III and JOAN PTRTEI.. his wife, [Space Abovc This Line For ~ecording Data] Between of the Counlyof N€lo I-!C\vc:.:n Slateof COhnecticut WILLIAM H. MASON, a single man, , grantors, and wb~~dRU~1032 S.W. 20th Avenue, Okeechobee, Florida 34974 of the Counlyof Okeechobee State of Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of -: _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - ~ - - TEN & NO/100($10.00) - - - - - - _ _ _ _ DO~ and other good and valuable consideration to GRANTORS in haoopaid by GRANTEE,. the receipl wbereof is hereby acknowledged, bave granted, bargained and sold to the said GRAN:rEE and GRANJ'EE.>s heirsiand assigns forever, the fojJowing dcscnbed land, situate. lying and being in the counly of OKEECHOBEE Stale of Florida to wit: 1/3 INTEREST IN AND TO THE FOLLOWING DESCRIBED PROPERTY: Lots 1, 2 and 3, Block 32, OKEECHOBEE,: according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1990_ and the gmnlor& do hereby fully wanaot tbe title to said land. and wiD defend the same against Jawful claims of all persons whomsoever. In Witness Whereof, the gran'olS ba"" bereunto set their bands and seals the dJsy and year filSt above wriUen. Si~el!, sealed a~ ivered in our preseoL"e: ;\. -::: =,,- .-:: 'Wi~. ,--. ~ -:)IL~ "1 ZZ - I A/l.tdJ Witness (Seal) (Seal) (Seal) (Seal) R E T U R 10 me known to be the pelSons described in and who execuled tbe foregoing ins'rument and Ih9' acknowledged before me that tbey executed )'o,J the same. C-z.( >;'_ 7 . .. WITNEss my hand and official seal in the County and Slate las' aforesaid 'his ayof k/oC..L~.. . 1991, T This Document Prepnred By: //.. 1 /0' o TOMW_ OONELY.nr /'{ _ ,V j' ~ OONELYa: OONELY. P A ARY PUBLIC, STATE OF CONNECTICUT' ~ 1lT1N. W. 2ND SI:REEr My Commission Expires: OKEECHOBEB, FL 34972 y_ J ,. ~_7 93 (NOTA,RY,:, ;,?EAL) STATE OF CONNECTICUT COUNTY OF NeLl. )/-j 0 \i'eV) I l-IEREBY CERTIfi"Y [hat on this day, before me, an officer duly quulirleU to rake JOHN C. PIRTEL, III and JOAN PIRTEL, his wife, acknowicdgl.--rnCDIS, penooally appeared ~1~IsJ):i;!S~~~~ ~1 ('\; '\) \J \). \( \) [\: This Instrument Prepared .<-M.:'" - ~H Bober1: V. Kennedy 200 HE 4th Avenue Okeecbobee, FL 34972 Parcel No. 3-15-37-35-0010-00320-0040 ~oC'~a~lftamps paid in the amoun: of ~0iJ:,~ t:L~7-3-~ Cterk: of Cireuft C~Uft (,{~~ ~bOK :379 PAGE1817 THIS WARRANTY DEED, made the 1st day of July, 1996 by WILLIAM CHAD KENNEDY, a married man, hereinafter called the Grantor to WILLIAM MASON, a single man and whose post office address is 1032 SW 20th Avenue, Okeechobee, FL 34974 hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Okeechobee County, State of Florida, to-wit: . Lots 4 and 5, Block 32, crTY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, page 22, public records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 'TO"liAW~"AN1)~"Tb~CHOLD';'-' fhe"-same'In'.fe~skpiefore:;;-&': _,_c_ AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee sLffiple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1995. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Lff/~~~ 13227 153rd Road North Jupiter, FL 33478 ~ SiZ:2d (?2~O. of. WITNESS "'-/o&/f//rM {?6!.4,P'D.LFfi: Print Wi.t s N e r;~ / / f. ,-r.,:} 1.6 I. - - '~t.--t:/ WI" S5 I i/ I i S (;J :3 E v;.;;5 J) P 1'1 A r?cd Print Witness Name ' JOSEPH J. DEMARCO MY COMMISSION I CC 445326 '=' EXI'IRES: March 15. 1999 ~"'..;r~ - Bonded Thru Nolary Pu\lIlc lJmleIwriIBts -0 () \0. '.:Y . 1'- ~DD '\. -- ""!) . ~D f{\ i SC-' . This Instrument Prepared and Return to: Robez:t V. Kennedy 200 l'IE 4th Avenue Okeecbobee, FL 34972 Parcel No. 3-15-37-35-0010-00320_0060 ~ O"y THIS WARRANTY DEED, made the 22nd day of September, 1997 by ROBERT V. KENNEDY, a single man hereinafter called the Grantor to WILLIAM MASON, a single man and whose post office address is 1032 SW 20th Avenue, Okeechobee, FL 34974, hereinafter called the Grantee_ WITNESSETH, That the Grantor, for and in consideration of the sum of S 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all. that certain l.and, situate in Okeechobee County, State of Florida, to-wit: Lots 6 and 7, Block 32, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page 22, public records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HA-vE AND TO. HOLD,'the'"'same Lnfee'sImpTe'foJ;e;;;er'. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor have good right and lawful authority to sell and convey said land, and hereby warrant the tit1e to said land and wi11 defend the same against the lawful c1a~s of all persons whomsoever; and that said land is free of all enCumbrances, except taxes accruing subsequent to December 31, 1996. Signed, sealed and deliVered in the presence of: J-]. () (' ).J ~ -'~~'- /01. ',./) {]-vL WITrlESS , - - f. \' [ /.-j ~, LJ...Jt I SU til pry=\~Witpess;#Jam.e '" 4 U c:;il..t;~ "-'<.~a.A.N-- WITNESS IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year Hrst above written. / ~~_/ D ROBERT V, ~ ~ .~ 200 N. E. 4th Avenue , Okeechobee, FL 34972 C c.A R/ e.ce- j] if .e lJ es H/1 f-\,/ Print Witness Nam.e g~O 3 96 PAGED 8 58 F!LED FOR RECORD OKEECHOBEE co. FL. 300016 Q"7 ~ ')i:' P:A '[.? I J f vL; L J ~ i _. L- ~ 5 H A K 0 t~J F~ tJ 9 EF~ T S 0 {~J CLERK DF CIRCUiT COUxT STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personal.ly appeared ROBERT V. KENNEDY, a single man known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that they executed the same. (~) Said person(s) is/are personal.ly known to me. () Said person(s) provided the fOllowing type of identification: WITNESS my hand and official. seal. in the September, 1997. County and State last aforesaid Ii '\ <..,L/ , J2 L . p' h _.i. !. J ~('. 1fOl-?'-<x'" ,Uk>. ,;1 iJV'- NOTARY PUBLI~ . 'I )..,;; J!./J.. fA) I .l () n Prlllt notary name My commission expires: this ;>3 day of :I~ '1???"?l?. .~ """-I?I"'Ni>?lI1.'11.~.I':'FJ. '1111, ('I?>11I1I1?:11..:.'?.~< ) ~...v.y P,,~ Linda Wil90n . ; ~ ~ ~ j"'"-& Nota.-y Public, State Gf Florida : ; > ~....~$ Commi:lSiOIi Nn. CC 493690 $~ .~ "'OFf\.~ IdyCllinm~onE:qi~09IOCi99Rc : 1-800-3-NQT';'RY'_ Fla..N.;wy5c:rvice&3o~Co_ R: J,j-, ") '})) ') ')...~)). 'i ;", }')~ ,.~...)'> )\~), ",'),,;,,;V;.)-)\ "; s,')))'i.. L;,,), )\"~ .....~. ~~o 3 9 6 PAllfO B 5 9 T o ~ 00ct,I~ SIamps paid In the 'mOunt of $ .(}O Classe IIflIIn8lIlle TAlI paid In the llmount of $ :f)- ~:_ ShIroo RobertsOO, CIefk of CiRiiIi CoUll ~"-'11~ - :1 ~ . _( ~~( OflO L 50 PiluE I 5Bl~ BI\ ( lu If /tJ,.5tJ ~e 7'~,tF1> I'3rceI II) Number: 3-15-37-35-0010-00170-0010/0090 Granree #1 TIN: 264.-82-2722 ' Warranty Deed This Indenture, Made this ~ day of CARROLL M. JOHNSON and DELIGHT February, 2001 A.D.. DREESE, Between of the COlWty of SL1le of ohio WILLIAM H. MASON, a single man, , grantors, and whoseaddressis:1032 S.W. 20th Avenue, Okeechbbee, Florida 34974 of me County of Okeechobee Stale of Florida Witnesseth Lhat the GRANTORS, for and in consideration of the sum of - - - - TEN & NO/I00($10.00) , grantee. ---------- - - DOLLARS. and olher good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have graOled. bargained and sold 11} the said GRANTEE and GRANTEE'S heirs::and assigns forever, lhe following described land. situate, lying and heing in the County of Okeechobee Slale of Florida 10 wit Lots 1 to 18, inclusive, of Block 17,' OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The property herein conveyed does not constitute the homestead property of Grantors. SUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2000. and the: grantors do hereby fully warrallt the title to said land, and will defend me same against Jawful claims of all persons whomsoever. In Witness Whereof, the grantors haye hereunto set her Signed, sealed and delivered in our presence: ~r~~~~~~:,~ Printed Name: II--c: c.lc~ Witness as to Johnson tlA~L y '-t1hA~ Printed Name: Ann L. Brand Witness as to Johnson ~ hands ancJ seals the day and year first above wriUen. ~A-A~l7t1. ~ (Seal) CARROLL M. JOm$ON PIa. Address 1712 Brookwood Driye, Akroo, Oil 44313-5054 ~f;tir 7)'l2fA rL DELIGHT REESE P:O. Address 07 S.W. 74th Terrace, Gainesville. FL (Seal) 32670 R E T U R N STATE OF OHIO COUNTY OF StJM11IT The foregbing instrument was acknowledged before me I.his CARR9JJF.;f,"[:~TOHNSON , ;ho~\~~+~Z~~rrl~.;et' who has P~~:e:f:~on. This DQi:blheD(Prepatlid-1ly:,'-' . . ~~f~~~::~~,i PmT-OFlJitE DR4y..m,.'1367 OKEECHOQ$. -'~:'. 3.1973-1367 12th day of February, 20 01 hy driver's lir.F'TISP ropy ~ E~~rIS;________ Printed Name: THOMAS E. PARRISH. ~.gld.aw NOTARY PUBLIC NOTARY PUBLIC. STATE OF OHiQ---- My Commission Expires: My Commission H.. No Expiration Data ?..~~>m'<'F~A.w'~ Section 147.03 Ohio Revfsad Code Warranty Deed - Page 2 ~~o 4 5 0 PAGE 1 5$5 FILED FOR RECORD OK EECHOBEf. COl/NT Y. fL 3iff8642 ZBm FEB?2 PM 2:51 SHARON ROBERTSON CLERK OF CIRCUIT caURl STATE OF FLORIDA COUNTY OF . ~~~ The foregoing insOllment WIlS acknowledged before me Ihis DELIGHT DREESE, day of February, 200l by who is personally known fO me or who bas produced her ~ as -idcAtification. A/lACEIJs VENn! ~C:~~~~bM CC:SS68 BOIldedThruw ....II er26, 2003 -&n.IyCamp..". '?86~~JJF~~L...J~ 1/111/1 IIIIl 11I1111111 11111 11111 11111111I1 1111111111 11I111I1 ~ jJ J ?],.5o ~ /0, 5D This Instrument Prepared By: and Return To: TOM W. CONELY, IT! CONELY & CONELY, P.A. Post Office Drawer 1367 Okeechobee, Florida 34973-1367 FILE NUM 2006018149 OR BK 00614 PG 1666 SHARON ROBERTSON? CLERK OF CIRCUIT COU~ OKEECHOBEE COUNTYr FL RECORDED 10/30/2006 02:23:05 PM RECOR!)HHi FEES 18.50 DEED DOG 10.50 RECORDE!) BY M Pinon P9S 1666 - 1667; (2P9S; Parcel ill Number: 3-1S-37-3S-0010-000IO-001G TRUSTEE'S DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS DEED made this 30th day of October, 2006, by SARAH REGINA HAMRICK, as Trustee of the SARAH REGINA HAMRICK Revocable Trust dated April 2, 2002, hereinafter called "Grantor", to WILLIAM H. MASON, a single adult, whose address is 1032 SW 20th Avenue, Okeechobee, FL 34974, hereinafter called "Grantee": (Wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations_) WITNESSETH: That the Grantor, for and in consideration ofTEN AND NOll OOs DOLLARS ($10.0.0) ~nd other valuable co~si"~~~~tions, receipt whereof is hereby acknowledged,hereby grants: bargains, sells, aliens, remises, releases, conveys arid confirms unto Grantee, alI that certaIn land situate in Okeechobee County, Florida, to wit: A strip ofland 1000 feet in WIdth lying In Section ]5, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: BEGIN at the Southeast comer of Block 1, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, said point of beginning is also shown on survey ofRNERSIDE DRIVE, according to the plat thereof and recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida; said point ofbeginning is also a point of intersection of the Northerly right of way line ofNE 13th Street (formerly Nineteenth Street) and the Westerly right of way line of Riverside Drive; thence bear North 89056'33" East along the Eastward projection of the North right of way line of said NE 13th Street a distance of! 08.33 feet to the intersection with the Easterly right of way line of Riverside Drive; thence bear South 22040'26" East along the aforesaid Easterly right of way line of Riverside Drive a distance of 1 08.33 feet; thence bear South 89056'33" West paralIel with the aforesaid Northerly right of way line ofNE 13th Street to the intersection with the said Westerly right of way line of Riverside Drive a distance of 108.33 feet; thence bear North 22040'26" West along the said Westerly right of way line of Riverside Drive a distance of 108.33 feet to the POINT OF BEGINNING. The property conveyed herein is not the homestead property of the grantor. SUBJECT TO restrictions, reservations and easements of record, if any, which are not reimposed hereby and taxes subsequent to December 31,2005. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND HOLD, the same in fee simple forever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered ill our presence: "J.JytYniLf. ~Af!1~ 15t Witness Signature EVA MAE CONELY 1st Witness Printed Name ~~L /(r ~ SARAH REGINA HAMRICK, Trustee P.O. Box 837 Okeechobee, FL 34973-0837 III 2nd Witness Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this 30th day of October, 2006, by SARAH REGINA HAMRICK, on behalf of said trust, who is personally known to me. t 1m ~L f~1f NOTARYPUB IC ~tiA~'f~?:.~ EVAMAECONRV [*: ,. ,ti"'f~ MY COMMISSION' DO 365751 ~~~'*'~ EXPIRES: December 12, 2008 ,.I/f.,fli' . Bonded lJvu Nalary PuIllic Underwrilars Application for a Change in Zoning William H. Mason - Property Owner and Applicant Statement of Special Reasons and Basis for Request William H. Mason currently owns the subject property previously described in the attached petition. The property is approximately 13 acres in area and located east of the Commerce Center. The property is currently zoned Holding (H) and lies within the Residential Future Land Use classification of the Unified Land Development Code as adopted by the City of Okeechobee. The applicant wishes to construct a single family residence on the property . In accordance with city regulations, a change in zoning will be required to allow the construction of a single family residence. The applicant respectfully requests that the Planning Board recommend that the City Council grant the request for a change in zoning from the existing ciassificalion of Holding (H) to Residential Single Family (RSF). Application for a Change in Zoning William H. Mason - Property Owner and Applicant Intended Use, Nature of Activities and Development of Property William H. Mason currently owns all property included in the attached petition. The property is located at west entrance of the Commerce Center and is approximately 13 acres in area. The applicant wishes to construct a single family residence on the subject property. The subject parcel has adequate area for ingress and egress with access points on NE 9th Street and NE lOth Street. The need for screening and buffering in not anticipated given the location is in an area designated specifically for future residential development. Application for a Change in Zoning William H. Mason - Property Owner and Applicant Existing Use of Surrounding Properties William H. Mason currently owns all the property included in the attached petition for a change in zoning. The property is approximately 13 acres in area and located at the west entrance of the Commerce Center. The subject property is zoned Holding and lies within the Residential Single Family future land use classification of the Unified Land Development Code as adopted by the City of Okeechobee. To the North of the subject property is an assisted living facility and additional property designated as a future assisted living facility. Further north is the Raulerson Hospital and property in agriculture use. To the West of the subject property is the Commerce Center, further west is vacant property owned by the City of Okeechobee. To the South of the subject property is a variety of commercial and industrial uses and also vacant industrial and agriculture properties. To the East of the subject property is sparsely developed residential properties and vacant residential. Further east is a variety of commercial development. The proposed use of the subject property as residential would be consistent and compatible with the residential development already existing in the general area, and therefore would not adversely impact adjacent or nearby properties in the area. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared for: Applicant: From: To: Petition No. The City of Okeechobee William H Mason RMF and Holding RSF 07-001-R Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R General Information Applicant Phone Number: 1032 SW 20 Avenue Okeechobee, FL 34974 863-697-6547fFax: 863-467-4618 Future Land Use Map Classification Single Family Single Family RMF and Holding Vacant 13.01 Single Family Residence Use of Property Legal Description: ALL THAT PORTION OF THE FOLLOWING DESCRIBED LAND LESS AND EXCEPTED THE RIGHT-OF- WAY OF NORTHEAST 9TH STREET: BEING MORE PARTICULARLY DESCRIBED AS FOLLO\VS BECI:'>.NING AT A POINT 0\ IHE NORTH BOl~DAf\Y LINE OF SECTIO!'< I'). TOWNSHIP 37 SOLlH. RANGE 35 EAST. SAID POINT BEING DUE NORTH OF THE NORTHEAST CORNER OF BLOCK I. OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. RUN THENCE SOUTH TO THE NORTHEAST CORNER OF SAID BLOCK I; THENCE RUN SOUTHERLY, ALONG THE EASTERN BOUNDARY AND THE SOUTHERLY PROJECTION THEREOF, OF BLOCKS ], ]6, ]7, 32, 33, 34, AND 5] OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGlIT -OF- WAY; THENCE RUN EAST, ALONG THE NORTH LINE OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF- WAY, TO THE WESTERN SHORE LINE OF THE ONOSOHATCHEE RIVER OF TAYLOR CREEK, AS NOW LOCATED; THENCE RUN NORTHERLY, MEANDERING ALONG SAID WESTERN SHORE LINE OF SAID CREEK, AS NOW LOCATED, TO THE INTERSECTION WITH THE NORTH BOUNDARY LINE OF SAID SECTION ]5; THENCE RUN WEST, ALONG SAID NORTH SECTION LINE, TO THE POINT OF BEGINNING, LYING IN AND COMPRISING A PART OF THE NW ',4 OF SECTION ]5, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. LOTS] TO ]8, INCLUSIVE OF BLOCK 17, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS ],2 AND 3, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 1 Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R LOTS 4 AND 5, BLOCK 32, CITY OF OKEECHOBEE, ACCORDING TO TIIE PLAT TIIEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, F1..0RIDA. LOTS 6 AND 7, BLOCK 32, CITY OF OKEECHOBEE, ACCORDING TO TIIE PLAT TIIEREOF RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, F1..0RIDA. LOT 12 BLOCK 32, CITY OF OKEECHOBEE LOT 13, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT TIIEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, F1..0RIDA. LOT 26, BLOCK 32, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, F1..0RIDA, A COpy OF SAID PLAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, F1..0RIDA, AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, F1..0RIDA. LOTS 1 AND 2 IN BLOCK 33 AND LOTS 1 THROUGH 6, INCLUSIVE, IN BLOCK 34, OKEECHOBEE, ACCORDING TO TIIE PLAT TIIEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, F1..0RIDA. Request: The applicant is requesting to rezone approximately 13.01 acres from the RMF and Holding Zoning Districts to the RSF-l Zoning District. . . North: Future Land Use Map Classification: Zoning District: Single Family Holding assification: Zoning District: IND Classificati():li: . Zoning District: IND and Holding Future LaPd.Use Map Classification: Zoning District: Single Family aJ1d.Multi-Family Holding and RMF 2 Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R Summary: The subject property consists of several lots located in the northeastern portion of the City. All of the subject property is within the Single Family Future Land Use category as shown on the City's Future Land Use Map. All of the lots are vacant and undeveloped. It is the applicant's intent to construct a single family residence on the property (Lots 2 and 3, Block 32) and leave the rest of the property vacant. The surrounding existing uses are a mix of residential, commercial and industrial uses. The request to rezone the subject property will make the zoning consistent with the Future Land Use classification and will allow development which is compatible with the neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed single family use and RSF-1 Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation for this property. Policy 2.1(a): Single-Family Residential. Pennitted uses are one single-family dwelling 011 each lot and structures accessory to the residential use. mobile home parks and public facilities. Maximum density (~r Jour units per acre Jor residential units on individuullots, and six units per acre Jor mobile home parks. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Section 90-102(1) of the City's Land Development Code allows single family dwellings as a permitted use under the RSF-1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest. The proposed single family use and RSF-1 Zoning District will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. A single family dwelling would be appropriate for this location and compatible with the surrounding land uses. 3 Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The RSF-l Zoning and accompanying single family use would not adversely affect property values or living conditions. Development of the subject property could encourage development of vacant lands adjacent to the applicant's property. 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 required, the proposed single family use could be buffered from surrounding uses. At this time, however, it does not appear that buffering will be necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed single family use will not create a density pattern that would overburden public facilities. The proposed RSF-l Zoning would create consistency with the existing Single Family Future Land Use category. S. The proposed use will not creme traffic congestion, flooding or drainage prohlems. or Olhenvise affect public safety. The applicant is not proposing any density increases for the subject property. The rezoning request is to allow the applicant to develop the property within the parameter of the Single Family land use category consistent with the Comprehensive Plan. As such, traffic congestions, flooding or drainage will not be a problem for the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions placed on the subject property are those which are set forth in the Comprehensive Plan and the Land Development Code. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing the applicant to develop the property under the RSF-l Zoning District, the applicant is not receiving any special privileges which are not granted to any other citizen under the same circumstances. 4 Staff Report Rezoning Request Applicant: William H. Mason Petition No. 07-001-R Recommendation Staff recommends approval of the request to allow rezoning from RMF and Holding to RSF-l permitting the applicant to develop a single family residence on the property. Submitted by: James G. LaRue, AICP Planning Consultant January 7, 2007 5 City of Okcechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Petition No. Fee Paid: ~O . CO 1st Hearing: 1 ~, b(P - Jurisdiction: Publication Dates: Notices Mailed: ezone · ~peC13 xcepI on. anance II' Name of property owner(s): Glenda Bellamy and Renee Ellerbee A Owner mailing address: 2106 S. Parrott Avenue, Okeechobee, FL 34974 p P Name ofapplicant(s) if other than owner (state relationship): L I Applicant mailing address: C Renee Ellerbee, A Name of contact person (state relationship): owner N T Contact person daytime phone(s): 863-357-0255 Fax: 863-357-3955 Uniform Land Use Application R S' IE ti V II' . . LV'> :SW 4th ;)T.reel., vKeecuooee, rL ':>4~/4 Property address/dJrectlOns to property: See Attached Exh i b it "A" Indicate current use of property: Single Family peffiribe imm:ovamrnts on ~o~rty. incbudi~numbJr/&;re of dwellin~s and whether occW3ie~(ifnoTlsoI~173 I tory 00 rame 0 e W1t cere rport, roperty occu 1e t1 1 06 Approximate number of acres: .54 acres Is property in a platted subdivision? yes Is there a current or recent use of the property that is/was a violation afcounty ordinance'? If so, descrihe: p No 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: No E R Is a sale subject to this application being granted? No T y Is the subject parcel your total holdings at that location? Ifnot, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Commercia1,/Sing1e Family, RMF I ~ ~ . An" 1 ,~~ 1:_ "Ro1-,,;l South: Mixed East: Commerical West: Mixed Existing zoning: RMF Future Land Use classification: Single Family Actions Requested: (XX ) Rezone L) Special Exception L) Variance Parcel Identification Number:3-15-37-35-00l0-01850-0010 & 3-15-37-35-0010-0185-0020 II' Confirmation oflnformation Accuracy I hereby certifY that the information in this a is correct. The information included in this application is for use by the City of Ok e roces que alse or misleading information may be punishable by a fine of lip to $500. d . e d may result in the summary denial of this application. Dec. 19, 2006 Date Uniform Land Use Application (rev_ 1103) Page ] of 2 Current zoning classification: RMF Requested zoning classification: HeavyCommerieal R What is your desired permitted use under the proposed classification: E Professional Office Z 0 N If granted, will the new zone be contiguous with a like zone? E Yes Is a Special Exception necessary for your intended use? NO Variance? NO Describe the Special Exception sought: - S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? p T 1 0 If business, briefly describe nature including number of employees, hours. noise generation and activities to be N conducted outside of a huilding" Describe Variance sought: - V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 EXHIBIT" A" Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17, of the Public Records ofOkeechobee County, Florida (formerly St. Lucie County); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest comer of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast comer of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest comer of Lot 6, Block 185, Town ofOkeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One-Half (Nl/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records ofOkeechobee County, Florida. Closers' Choice EXIllBIT "B" Directions From intersection of highway 70 and 441, head South on 441 to SW 4th Street (road just past V-Save and just before Norton Dry Cleaners) make a right (West) on SW 4th Street go down 1 block, property is on SW corner of SW 4th Street and SW 2nd Avenue. -,"'''-''~::,!''-'':"1.~'''''-'-''-:'' -....""':".-'..,.---~.:-">'F"~.,--~-.-........c_ '-"';..".~',"':".-:-:-.,.._'i""'-"" STATEMENT OUTLINING REQUEST RE: 203 SW 4th Street, Okeechobee, FL 34974 To Whom It May Concern: We, wish to have the future land Use designation changed from Single Family to Heavy Commercial in order to open a Professional Office. At the present time the property is zoned as RMF with the future land use as Single Family. At the same time that we are making application for the future land Use change we are also making application for the rezoning of the subject property. eM;/;;o~ '1111111111111 Prepared by; Record and Return to: Wendy Bostwick Big Lake Title Company, lnc 2106 South Parrott Avenue Okeechobee, Florida 34974 File NlD1lbcr: 3150 Warranty Deed FILE HUM 2006020777 OR BK 00618 PG 1981 SHARON ROBERTSON. CLERK DF CIRCUIT COURT OKEECH08EE COUNTY, Fl RECORDED 12/1~12OO6 11125:0~ An RECDRDIHG FEES 10.00 DEED DOC 1. 225.00 RECORDED BY R PIlrr i sh PI l~gt; (IPI) Made this December 19, 2006 A.D. , By Christine E. CampbeD, an unmarried penon, whose address is: 203 SW 4th Street, Okeechobee. FL 34974, hereinafter called the grantor, to Glenda Bellamy and Renee Ellerbee, as joint tenants with full rights of survivonhfp, whose address is: 203 SW 4th Street, Okeechobee, FL 34974, hereinafter called the grantee: (Whenever used herein Ihc tmn "_1Dr" and '_IeO' Im:Iudc aU Ihc ponIcslO Ibis ~t.....1hc heirs, Icpl IeplCSClltatlvcs..... usips of individuals, and Ibe II1ICCCSSOIS aDd Uliana of cmponIiODS) Witnesseth, that the grantor. for and in consideration of the swn ofTen Dollars, ($10.00) and other valuable conaiderations. receipt whereof is hereby acknowledged, hereby grants, blli'gains, seDs, aliens, remilIes, releases. conveys and confirms Wlto the grantee, all that certain land situate in Okeechobec County. Florida. viz: Lot I, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2. Page 17. oflhe Public Records of Okeechobee Counly. Florida (fonnerly St Lucie CoWlIy); together with that part of abandoned North Curve Street and Florida East Coast Railroad right of way described as follows: From the Southwest corner of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast comer of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the WC8t boundary line ofIGssimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; lhence SouthwestcrJy along the North boWldary line of said North Curve Street to the POINT OF BEGINNING; Less the fonowing: From the Northwest comer of Lot 6, Block 135, Town ofOkeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Panlllel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to lhe Northern Boundary of said Lot 6 to lhe West boWldary ofKissimmec Street;. thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGlNNlNG; AND Lot 2, Block 185, and the North One-Half (N112) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Pial thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, FlOrIda Parcel lD Number: 3-J5-37-35-6IHO-OI850-001O and 3-15-37-35-0010-01850-0020 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that lhe grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fuJIy warrants the title to said land and wiD defend the same against the lawful claims of all penons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 3 1,2006. In Witness Whereof, lhe said grantor has signed and sealed lhese presents the day and year first above written. kC~~ Christine E. Campbell AddJcu: 203 SW 4th Street, Okeechobec, FL 34974 c;~~ (Seal) '..-;z:- ~'f;;I<.n State of Florida County of Okeechobee The foregoing mstrument was acknowledged before me this 19th day ofDefember, 2006, by Christine E. Campbell, an unmarried person, who islare personally known to me or who has produced Fi ;j::,IJ as identification. ~~ My CoI>lllli5sion uca; ~U'~ \'" d B l . It II if': .... 1 va WI" (SEAL) ~. l$. CommiSlion' 00601433 "..11 Expires October 14, 2010 DEED lnchvldulll WlUTIlIlty Deed - Legal on Face '~"'.fTntt" ~., ~ CIoscr3' Cboiec Book618/Page 1981 CFN#2006020777 Paae 1 of 1 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net LaRue Planning & Management Services, Inc. Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Glenda Bellmny & Renee Ellerbee - Big Lake TItle RMF CHV From: To: Petition No. 07-002-R Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-R General Information Applicant Phone NUI11ber: 2106 S. Parrott Avenue Okeechobee, FL 34974 863-357-0255 Applicant Address: Future Land Use Map Classification Single- Family Commercial RMF Use of Property Single Family Residence 0.54 acres Location: 203 SW 4th Street, Okeechobee, HJ 34974 Professional Office Legal Description: Lot 1, Block 185, TOWN OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 2, Page 17. of the Public Records of Okeechobee County, Florida (formerly St. Lucie County): together with that part of abandoned North Curve Street and Florida East coast Railroad right of way described as follows: From the Southwest comer of Lot 7, Block 185, TOWN OF OKEECHOBEE, run East along South boundary line of Lot 7, to the Southeast comer of said Lot 7 for POINT OF BEGINNING; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the POINT OF BEGINNING; Less the following: From the Northwest comer of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence nul East on a line parallel to the Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the POINT OF BEGINNING; AND Lot 2, Block 185, and the North One-Half (N1/2) of abandoned Alleyway lying adjacent to said Lot 2, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Rorida. Request: The applicant is requesting that the zoning for the subject property be changed from RMF to CHV to allow the property to be used as a professional office. 1 Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee . Petition No. 07 -002-R ~~~'~' "TII"." "@l:i " . '0'" ~~.>, >.,F'" ',. ,. , .:' ,: ., "J~{ ;::)( .}::),;< :,' _:h;:-::-',_,te0~ Adjacent Future Land Use Map Classifications and Zoning Districts: Zoning District: CHV Zoning District: RMF South: Future Land Use Map Classification: Zoning District: Single Family RMF West: Future Land<UseMap Classification: Zoning District: Existing Land Use: Single Family RMF Single Family Summary: The subject property contains a residential structure. Additionally, the applicant is requesting to amend the Future Land Use Map from Single-Family to Commercial to allow the proposed office on the property. The surrounding block of the subject parcel is a single-family neighborhood and a commercial office would be out of place. There is adequate commercial nearby and it is not necessary to further encroach into this residential area. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. After examining the Future Land Use Element, the subject property would seem more consistent with the Comprehensive Plan policies by remaining in the Single- Family Future Land Use category. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. In implementing the Plan, the City has to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. (See Policy 2.2) 2 Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07 -002-R In addition, Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The subject property is within the Single-Family Future Land Use category and the RMF Zoning District and is already developed with a single-family residence. The surrounding properties are also consistent and allowing this use would be contrary to the Comprehensive Plan policies. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-282(1) permits professional office, business office, and medical offices in the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. It has not been demonstrated that the proposed use would avoid an adverse effect on the public interest especially increased traffic generation in a residential neighborhood. 4. The lIse is appropriate for the locatioll proposed. is reasonably comp{{/ible \l"ith adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The use is not appropriate for this location. Furthermore, any future commercial use in this area could have a detrimental impact on the neighboring residential homes by allowing commercial traffic generation and other impacts related to operating a commercial venture. Such impacts may be incompatible with and difficult to buffer from adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Permitted uses such as those allowed in the CHV Zoning district could affect or have the appearance of affecting property values in the residential neighborhood. 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, the use may be required to be buffered from the residential neighborhood. 3 Staff Report Rezoning Request Applicant: Glenda Bellamy and Renee Ellerbee Petition No. 07-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use and CHV Zoning will not overburden public facilities such as schools and utilities services. Traffic, however, would be increased. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The subject property will increase traffic as a result of future commercial use. If approved, a site plan will be required to show drainage on the site. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change could be interpreted as a special favor to an individual owner. Summary and Conclusions Prior to Certification The proposed zoning and use appears to be inconsistent with the Comprehensive Plan. The change from the Single Family to Commercial would create an incompatible use with the surrounding neighborhood. As stated earlier, the existing Future Land Use category, the existing Zoning and the existing use are all more compatible with the immediate surrounding area. The City must encourage compatibility with adjacent uses, and curtailment of uses that are inconsistent with the character and land uses of surrounding areas as well as discourage urban sprawl. Recommendation Staff recommends denial of the request to allow rezoning from RMF to CHV permitting the applicant to convert a single family residence to a professional office. Submitted by: James G. LaRue, AICP Planning Consultant January 7, 2007 4 ---. " City of Okeechobee General Services Department 55 S.E. 3"1 Avenue, Room '101 OkL-eehobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 21.8 Fax: (863)763-1686 F.,., fluid: bull::: I t; Pr Publical;OJI D3les: f1I' Name of property ownef(s): v wncr mailing address: C h Name o(applicant(s) iforher than owner (state relationship): Noli<%, Muilcd: ev- A P I' I. I C A N T Applicant mailing address: . i'1 GA~e cST Fax: 7'/:;3 - L/9L/- 7'87 J V Property :\ddr~s I directions to prupcl'ly:5o '3 AJE q'{!l ST / . / ",J {\ (t Indicate current IL"C of property: e (~(< <:":""~"o::r.-l 1- .. l,_.~",-,.' 41.......-4A.:L- /i L ,""v\.. c 1< v t I De~ribc i~pr~vcml.-nl'l ~n proiY' ~n~ludin~n,umber/ly~e of dwe~li1.1~ <Uld whether occupied (it none. so stare): ~.j ''''''\'\') f\..... rll-.k\:.~; / 11" t..').f ~,-, c l" f<... - . p.l> f Approximate numhcr or acres: lJ -" Is property in a plarred subdivision? \.i {~'.:', -. P Is there a CurrenL or recem use of the property mat is/was a violation of county ordinanc~? rf so, descrihc: R )oj v 0 Havc there been any land use applications concerning all 01' pan of this pWJll.Tly in the 18st year? Ifso. indicate ullle. r natun: and applicant's name: fV/4 E R Is a sale subject to this application being hrr..mtcd? de) T Is the sll~iect parcel your total holdings at that locaLion?"! f nOL. describe the remaining or inten<kd uses: y l/~ Descrilre adjoin in!; land lL"CS I improvements to the North: ' "I IT "'. South: (5)( ~~\) -Ro,,. d East: Irqc~+ (..A/t,er: k West: If (~C. J,...J '\" ;(\/\0 ~ Exi'i;ting zoning: >....d.IS-I:"i '., L .Future l.AlJ1d Use c1a~sific:u:ion: .- Actions Requested: (_) Rezone (~J Special Exception L-J Variance Parcel Identification Number: v Conlirmation of Informadon Acc:unu:y , hereby certify that the information in dlis application is correct 111l~ information included in lhis appliculion is lor L1SC by the City ofOke~chobce in p1~$.<;il1g my reque:it.. False or misleading inlOrm.llion may be punishnble by n line of up to S500 00 and impt; . menl of up Lo 30 dllYs and may ro.:sull in dle sUllumuy denial of this applic:ltion. / /! --:::-'-<> ---~--"-_. s"h~~:,~:\ (f\l".~ ,'-. (( ~ Z O'-O{~/ Printed Name Date Unifonn Land Use Application (rev. 110.3) Pllge I of 2 ?one! QAQI ~QJ CQIHl/IIJ\ ~~nnlll;l;a"n f n fi, T' nn.nl ',nl'nnn-. ning c1$..;ification: Requested zoning classification: .R sc undt-T the prvpu:ocd c1~~ificali(ln: E Z o N Irgmnted, will the new zone be contiguous with alike 7.one? E Is a Special Exception necess;uy for your intended use'? Variance? Describe the Special Exception sought: s P E C r A L H ~v--, \- f " Y"Y\ e/rt Arc there OthLT similar use..; in the area? Is so, describe: E X NO c F. Why would granting your requ~ be in thc be..,y intcrest of the area and residL"J1ts? p T ~O~ I o If business, briefly descn"be nature including numher of employees, hours, noise gem;r.ition and activities to be N . conducted out.!>idc of a huilding: V A R , A N C Did you cause or contribute [0 [he characteristic? 15 so, describe: R What is [he minimum variance necessary? 100 6:> I..-Lf : () ~vs Unifonn Land Usc Applicittion (rev. IIOJI Page 2 of 2 I nn "-I 0001 COI COO(VUJI ;:a;linnll.,~;a'\ln In f\1T' In'nl f"')nl'onn~_C:I_.J'r To whom it may concern IT IS MY REQUEST THAT YOU ALLOW TillS PROJECT TO MOVE FORWARD SO TIIAT MY COMPANY MAY PROVIDE A SAFE ENVIRMENT TO VIEW ADULT STILE ENTERTAINMENT IN A SETTING TIIAT WilL BE SECURE FROM ILLEGAL ACTIVITIES AND BE OPERATED IN A RESPECT ABLE MANNER SO TIIAT NOT TO HURT THE COUNTIES OVER ALL REPUTATION. AND IN DOING SO YOU WILL FIND TIIAT THE LOCATION TIIAT WE HAVE CHOSEN IS A SOME WHAT PRIVATE OFF THE BEA TEN PATH. WE ALSO HAVE NO INTENTION OF OPENING DURING SCHOOL HOURS. THERE ARE ALSO NO RESIDENT STILE HOMES IN SIGHT OF THE PROPERTY SO TIIAT WE MAY LESSEN OUR APPEARANCE TO MINORS. WE WILL HAVE NUDE ENTERTAINMENT, DANCING AND DRINKS. WE ALSO SPONSOR MANY NONE PROFIT CLUBS AND ORGANIZATIONS. WE ARE ALSO INVOLVED IN MANY MORE ENTERPRISES. WE ALSO BUILD HOMES AND DEVELOPE PROPERTY AND ARE CURRENTLY WORKING WITH CENTURY 21 IN OKEECHOBEE TO DEVELOP EAFFORDABLE HOUSING UNDER $140,000.00 ~",-,,- l... ~ KIM CHERE McLEOD *~\ Notary Public. State of Florida \:..~;rj Commission No. DD 403011 ....:t,=~~# My Commission Expires 3/06/09 'A~ ~W mC~~ PRE-LEASE PROPOSAL Comes now Charles E. Farmer and Steven Game and submits this pre-lease proposal to the parties concerned. Above parties have met and tentatively agreed upon a lease, amount yet to be determined, for a period of five (5) years. Said lease property listed as: Exhibit A Lots 1,2,3 and the North 40' of Lots 4,5 & 6. Block 51 City of Okeechobee, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. Please find attached hereto a copy of the Deed to said property. So submitted. /~ --=?; [ /';/.44< ..~ f: , 4/<) nAA CHARLES E. FARMER J~ / STEVEN GAME .~' KIM CHERE McLEOD r{CA);} Notary Public, State of Florida \?~ 11 Commission No. DO 403011 ",,,,gr.,r;..~ My Commission Expires 3/06/09 ~,irm ~ m cd)(JQQi I /-/4-6~ "" QU'TCLAlIIOUD '{_,.O" i).....7(). f-.K Rn.wa 10: l..doN ..JI.II4Wf..M4 'laDtnt u....... -, cnrJrli'S E ,f/r,lf q ......" i fJ I q 5-- It./ X Y /ll/C C'1f r" / ;:1" .7 --r'l7~1- 'Ok laauuw.' ,......._IIJ: RAMCO FOR" . g~o L. 7 7 PAGED 9 8 I N._, C)/d J- It's J=d r/W r -A....'" I~/'I .>/;/ 01. "f/!J't' CKc-( . rid 111')7'7 rn,cn, A"..sKn ._d""'MlIk.,... - FoIiON....,..); DfMln(') s.s. . (a. '#''6 ~ 6/t-IlL 't SPACII ABOVITHIS UNB FDa NOCE.SSlNO DATA SPAce AaoVB lHU LlNa FOa l.5COaOINO DATA :?/.'/ day of .111 ~.Y .LE!.i?L. by ~ firsl party. 10 ~~p~o I second party. RETURN TO (WMfhat' uNCI bat"" Uw I_~I - J .oneS pall', Ind.. .. "'" ",'ill. 10 lhi. in'U""1 ~ IN 1Mif.. 1....1 '.P'..enI....,... ... allIQft:S 01 whvMIu.als. end .... aucc011Of1 and ..."".01 COIpcw........ ....,.... lbIi coni... 10 admlll Of requNn.J ~ jjj frl 0::: ~ S o 0::: S 0: ~itn~..~tJr. Thai the first party. for and in considt:ration of the sum of $ l, "0 in hand paid by Ihe said second party. the receipl whereof is hereby acknowledged. does hereby remise. release. and quit claim unto the second party forever. all the right. title. interest. claim and demand which the said firsl party has in and to the following described lot. piece Dr parcel 01 land. situate. lying and being in the County of R,f~('rh/1)~'" .Slaleof F"J,,;1 .Io-wil: pl-a/ -# 3-/5"-37-3"> PI'ICJ-t7t?fltf'J-t?CJlt:? Cily of Ok~ho/lc7!' L-ofs J~?' & 1'1 '10 Fi- if?; ~ e IU.Ley Tl c:t~vcef"# Block: 5"1. fILED FOR RECOR OHECHO[l[[ COmITY,l, 0::- lots Loft 370953 200214A Y 21. PI< 7: ~;6 SHARON ROI}ERT50P- CLERK OF CIRCUIT COUR 'mu ~~ anb to ;Hulb The same together Wilh all and singular the appurlenances thereunlo belonging Dr in any....ise appenaining. and all Ihe eSlale. righl. lille. interesl. lien. equity and claim whalsoever of rhe said first pany. either in law or equity 10 rhe only proper use. benefit and behoof of the said second party forever. c3n ~itne.. ~lrtnuf. lhe said firsl party has signed QIId sealed Ihese presenlS the day and year firsl above wrinen. Signed. sealed and delivered in rhe presence of: w~~~U- ~ Ip"h~R .\-\c:ooien _H_ ~c:2h' b~Vlnl?j' ~17"'1~ -- "7 J/.1t2 IV tv -:r 5"7 ...oin.._ ED ~*~, FtJ ?~~ ~-~ PriaIed N_ 4t~ /AN/.MP)/ ........ $I.....,. (u.. co..or...o.. if_,) c...aa..r~(iI_,) ID -- _N_ WiI_1 Siaaarw- (u.. Co-oruIor~ II..,. ... t:Jf&e A..... ~ ........H_ .! 8 II 1i "f .. 1 i i .:c STATEOF Flo,.,4A- COUNTY OF 11tcn:b)' Ccnify that 00 Ibi. da)'. before me. an offi<er duly authorized 10 administer oaths and lake KknowlcdgJQenlS. pc:rsoully .ppeared k_IO me 10 be Ibc: penoo_ dcseribed ia _ who ...culcd Ibc: fORloiolloSIJVIlIcDl. who actnowledled befOR me lbal fJ.-~ excculed lb. ...... - .. oath WIS tak.... (Cbec:k 00.:) lJ Said pcrson(~) illarc ~1I7 knowD 10 me. a Said pc....(o) provickd .be followiD& Iype of idcDlifiCalion: ~ j I C a :/1 ly and Slale las. aroresaicl 2,&10 "Z- --00;;- J t CUfPOtI1 c, Ims../II. ~.1lIlIl17'" EXJtIU'.!H o"2ClOS -_.' .. ~ G{JJftHf / " FOUND 5/8- IRON I I I FOUND 5 "S- I ROD &:- CAP STAMPED: LOT 6 IRON Rob'&:- FOUND 5/8- -RLS2084" BLOCK 34 CAP STAMPED' IRON ROD-NO . (HELD) I.~~, . ""n,1 _ 1/ "RLS208r ~'D. 8982'( ) ~1'(M)~5~ _ _ ~85.98'(M); M S89"5S'57"E(M) BASE BEARING ! J FOUND 5/8" IRON ROD & CAP STAMPED: -RLS2084" . (HELD) ~ 50UNDARY SURVEY FREF ARED FOR: GAME z o i= a.. a::: u Ul :::s:::W UO o ---l CD Z o V1 >>= WID 0::: SHEET 1 OF! LYING IN SECTION 15, TOWNSHlF37 SOUTH, RANGE. 35 EAST OKEECH05EE COUNTY, FLOKIDA Cj NE 9TH STREET ~- (2-LANE ASPHALT SURFACE ROAD) STANDARD NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASEMENTS, RIGHTS-OF-WAY, ABANDONMENTS. ZONING SETBACKS OR DEED RES'fRICTIONS. 2. . ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. 4. UNLESS NOTED OTHERWISE, ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT OR DEED. 5. LOCATIONS OF BUILDING(S) ARE LIMITED TO THE ABOVE GROUND WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED. 6. UNDERGROUND UTILITIES, IF ANY, HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE. ED Eor Eor Ear Eor mr EO 12' X 40' CMP mr CA TCH ~ BASIN Eor EOP- 12' X 40' CMP C::::====:::J 890S5'S7"E(M) 0.03'(M) 1S0'(P) DRIVE: NOT LOCA TED FOUND 5/8" IRON ROO &: CAP STAMPED: "RLS20S4 " (HELD) FOUND 5/S- IRON ROD &:- CAP STAMPED: -RLS20S4" (0. IN.) W l- <( o 70' R/W (P) ~ ~ (J) o q ...... LOT 1 en I BLOCK 51 ~ 1I rr1 z o q ...... PROJECT SPECIFIC NOTES: 1. SITE STREET ADDRESS: 508 NE 9TH STREET, OKEECHOBEE FL, 34972. 2. FLOOD ZONE: SITE APPEARS TO LIE WITHIN THE AREA SHOWN AS FLOOD ZONE "CITY OF OKEECHOBEE - AREA NOT INCLUDED", PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) NATIONAL FLOOD INSURANCE PROGRAM (NFIP) FLOOD INSURANCE RATE MAP (FIRM) FOR COMMUNITY NUMBER 120177, PANEL NUMBER 0200B, DATED 2/4/1981. 3. BASE BEARING: THE NORTH RIGHT-OF-WAY LINE OF NE 9TH STREET IS TAKEN TO BEAR SOUTH 89'S5'57" EAST. ALL OTHER BEARING SHOWN HEREON ARE RELA TlVE THERETO. en LOT 3 o ~ BLOCK 51 :E LOT 2 BLOCK 51 '" ,.... at v '" <(v woOO ~oc~ 0'31 IL.....!""-- U en t187 :::emf"')...... 00 to Q) IOJ c: I U ..-2 tJ~~~ w~lJ.......... goO ::; U1100~ .<:000 E .......... to en U1U)tDlD ~~r!.~ zo~~ ;(D 1.2, n~:ri ..li: CO ~~w e:~z o:g~ 0-0- :J <: ::::;: v Z cL- lLJ zlLJ Oz~ !-'-V DZ" uJuJ n......Ub X 1'1", uJZ" >- uJ~ > cL ::J V) ......... 3:: '--' ......... 3:: '--' TOTAL AREA: 0.688 ACRES l.D l.D l.D ...... <D <D l.D -" I --L STANDARD LEGEND (CONTINUED): Ir1ELI = ELECTRIC RISER/VAULT/METER. ~ = TELEPHONE RISER/VAULT. IXJ = WATER VALVE/METER. M = FIRE HYDRANT. @ = STORM WATER MANHOLE. ~ = SANITARY SEWER MANHOLE. <t = CENTERLINE. ~ = WOODEN POWER POLE/ SERVICE POLE. o = 5/8" IRON ROD. STANDARD LEGEND: ALIGN. = ALIGNMENT. ASPH. (OR) ASP = ASPHALT. APPROX. = APPROXIMATE., BLDG, = BUILDING. CONC. = CONCRETE. COR. = CORNER. CMP = CORRUGATED METAL PIPE. EOP = EDGE OF PAVEMENT. EOS = EDGE OF SHELL (ROCK). FC = FENCE CORNER. OHU = OVERHEAD UTILITY (WIRES/LINES). TYP. = TYPICAL. WPP = WOOD POWER POLE. WSP = WOOD SERVICE POLE. 20.4' N o '118.35' 20' WIDE ALLEY (NOT OPEN) ......... -0 '--' NOKTH 40' 30' I ' 20' . 10' 0,' 20,' , , 1 INCH = 40 FEET (1M = 40') 40' I T--T .... '!. WELL &: PUMP (5'+/-W) OF BLOG. I I I 150.03'(M) 1S0'(P) N8905S'S7"W I NORTH 40' LOT 2 BLOCK 51(0) FOUND 5/S" IRON ROO NO 1.0. (HELD) FOUND 5/S" IRON ROD NO 1.0. (0.2'5.) I' NORTH 40' I LOT 3 I.... BLOCK 51(0) I I~ I TRANSPORTA TION, , I I I BLOCK I INC. NORTH 40' I LOT 1 51(0)__\ o ~I SURVEY OF: LOTS 1, 2, & 3 AND NORTH 40 FEET OF LOTS 4, 5 & 6, AND ALLEY BETWEEN SAI 0 LOTS, BLOCK 51, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. I . I C.S.x. PREP ARED FOR: STE~N GAME; # ~ 11-- I SOUTH LINE - BLOCK 5' \ I L-= - -L- 150'(P) ~ - ~ ~ N E ~I1J- N~ Ll}E E T ---; / '~~b IZ/~/00 TO WHOM IT MAY CONCERN: WE ARE WRITING THIS LEITER IN REGARDS TO THE PARKING AT 108 NE 9TI1 ST, OKEECHOBEE , FLORIDA, THE SIGHT OF THE PURP.ti~ED ADULT GENTLEMENS CLUB . IT IS OUR UNDERSTANDING TIIAT THE CITY HAS ifuQUESTED TIIAT WE HAVE PARKING OF AN ASPHALT NATURE. THE AMOUNT OF P.ARK1N-G HAS BEEN DETERMlNED THAT WE WILL NEED 1 SPACE (9X20) PER EVERY 300 SQ. FT OF BUILDING SPACE. THE BUILDING IS 120 LONG BY 40 WIDE WHICH TELLS US WE NEED 16 PARKING SPACES. WE CURRENTLY HA VE PARKING FOR 13 CARS ON EXISTING CONCRETE. IT IS ARE INTENT TO ASPHALT TIIE PARKING LOT AND DRIVEWAY FOR WHAT WE BELIEVE TO BE NO LESS THAN 34 PARKING SPACES. HOWEVER, WE WILL NOT BE IN POSSESION OF ALL OF THE BUILDING DUE TO OTHER TENANTS. THE BUILDING IS SPLIT INTO 3 SECTIONS AND RENTED TO 2 OTHER DIFFERENT PEOPLE. AS THEY LEAVE, WE WILL BE TAKING OVER THE WHOLE BUILDING. OVER THE NEXT 6 MONTHS, WE WILL BE LOOKING TO OPEN NEW THINGS IN TIIE BUILDINGS. IN DOING SO, WE ARE AWARE TIIA T WE WILL HAVE TO RE APPLY TO THE CITY, AT WHICH TIME WE WOULD BE ABLE TO START THE PARKING LOT. WE WOULD SECURE A $10,000.00 BOND WITH THE CITY TO ENSURE THAT BY THE END OF 6 MONTHS, WE BEGIN, AND BY THE END OF THE I ST YEAR, WE ARE DONE. IF WE FAIL TO BEGIN BY THE SIXTH MONTH AND CLOSE, TIIERE WILL BE NO F AUL T. SHOULD WE CONTINUE PAST THE SIXTH MONTH, WE MUST COMPLETE BY THE 12TI1 MONTH OR WE WOULD LOSE TIIE BOND TO THE CITY AND OUR OCCUPATIONAL LICENSE. WE HOPE YOU FIND THIS AGREEMENT TO BE IN THE BEST INTEREST OF ALL PARTIES CONCE~D. PLEASE FEEL FREE TO CONTACT US AT ANY TIME SHOULD ANY QUESTIONS ARISE. SINCEREL Y STEVEN GAME 12/7/06 ... 'r*L:~ /c../~/ob TO WHOM IT MAY CONCERN: IT IS MY REQUEST THAT YOU ALLOW THIS PROJECT TO MOVE FORWARD SO THAT MY COMPANY MAY PROVIDE A SAFE ENVIRONMENT TO VIEW ADULT-STYLE ENTERTAINMENT IN A SETTING THAT WILL BE SECURE FROM ILLEGAL ACTIVITIES, AND BE OPERATED IN A RESPECTABLE MANNER SO AS NOT TO HURT THE COUNTIES OVERALL REPUTATION. IN DOING SO, YOU WILL FIND THAT THE LOCATION WE HAVE CHOSEN IS OFF THE BEATEN PATH. WE ALSO HAVE NO INTENTION OF BEING OPEN DURING SCHOOL HOURS. THERE ARE NO RESIDENTIAL HOMES IN SIGHT OF THE PROPERTY. WE FEEL THIS WILL LESSEN OUR APPEARANCE TO MINORS. WE WILL HA VE NUDE ENTERTAINMENT AND DANCING. WE DO NOT PERMIT THE DRINKING OF ANY ALCOHOLIC BEVERAGES WITHIN OUR ESTABLISHMENT. WE ALSO SPONSER MANY NON-PROFIT CLUBS AND ORGANIZATIONS. WE ARE INVOLVED IN MANY MORE ENTERPRISES. WE BUILD HOMES AND DEVELOP PROPERTY AND ARE CURID'ffi-y Wq~Q wrm CENTURY 21 IN OKEECHOBEE TOJDEVELOPAFFORDABLE HOUSING UNDER $140,000.00. IF YOU HAVE ANY QUESTIONS PLEASE FEEL FREE TO CONTACT US AT ANY TIME. City of Okeechobee November 16, 2006 Mr. Steven Game 2210 NE Daniels Street Arcadia, FL 34266 Re: Boundary Survey for an Adult Entertainment Salon. (Preliminary review) Dear Mr. Game; The Engineering Department has reviewed the boundary survey for the Special Exception you applied for to open an Adult Nude Dancing establislunent. We require a more detailed lay-out of the proposed business to assure there are no parking. drainage and landscaping isslIcs that vvould impede your application for your business license. 1 respectfully requcst that your Engineering/Architect Consultant summit preliminary plans indicating the entire building usage. I am attaching parking, drainage and landscaping information that the City requires for this project. If you have any questions, please feel free to contact me. Sincerely, ~ 6V~ pr/>>'~~ ~ermudez P.E. City Engineer cc: Brian Whitehall City Administrator John Cook, City Attorney Betty Clement, General Services Coordinator Jim LaRue, City Planner Herb Smith, Fire Chief Charles Farmer 55 S.E. Third Avenue. Okeechobee, Florida 34974-2903. (863) 763-3372. Fax: (863) 763-1686 c. A building is in an historic district or is of historic. interest. d. A building is in a Comni.ercial, Cen- tral Business District, or Public. Use Zoning Categories. (2) The city council may require the appli- cant to provide a parking study when the technical review com.mittee presents data indicating that an increase or decrease in the number of parking spaces may be warranted. (3) An applicant may subinit a parking study to demonstrate that either the parking or loading space regulations are excessive for the use proposed, or there is not a CUlTent need for all spaces. (4) A parking study requesting deferral of parking spaces shall contain: a. A site plan locating t.he tot~11 re- lluired p;lrking sp~lces ;1Jld designat- Illp the (kfpITPd Sp;lCC'S, :lI1d ;1 hncl S(':lfllng pl."l uf the ddpned p;lrkJ/lg ;lr P;l b. A written agreement with the city that the developer w.ill pay for a study to determine the need to pro- vide the full parking requirement and that the deferred spaces will be converted to parking spaces at the developer's expense should the city determine t.hat additional spaces are needed. (5) The number of parking spaces shall not be reduced below these requirements where there is insufficient parking. (LDR 1998, ;:i 452; Ord. No. 815, ;:i 1, 2-4-2003) Sec. 90-484. Reduction of paved parking space requir.ements. (a) The number of paved spaces may be re- duced by the city council when a parking study demonstrates that the proposed use normally would have a demand for the total required pilrk- ing spaces only on one or two days a week. Supp. No. 1 ZONING * 90-511 (b) Paved parking spaces shall not be~reduced by more than 75 percent. . (LDR 1998, *.453) Sec. 90-485. Reduction of parking space re- quirements in commercial dis- tricts. (a) In commercial, central business, and public LIse zoning districts, city council may reduce the number of parking spaces if the technical review committee finds that there is a surplus of on- street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off- street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. (b) City council may require the applicant to provide 3. parking study, or evidence of ownership or lease of alternative off-street parking, and may attach conditions to an approved or alternative parking space reduction. (c) In the eBD tlw number of parking sp:lces '-h:1I1 not hi' IT.t!'I('(-'d bv 1110n' th:ln 80 peccen1 f,.olll lh,lt olh('I.\VJSt' 11''1lllred III Ll!l>se regllbtlOflS. leI) In commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. (e) In public use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. (LDR 1998, ~ 454; Ord. No, 815, * 1, 2-4-2003) Sees. 90-486-90-510. Reserved. DIVISION 3. OFF-STREET PARKING AND LOADING* Sec. 90-511. Design standards. la} Par!~illg and loading space location. (1) Except as provided in this section, re- quired off-street parking and loading spaces shall be located on the same pClrcel as the prunary use. "C..OSs refen.:~nce-P;lfking. stopping ~lJld sf.:llldillg, ~ S,I--Il !'t Sl'q CD90::n * 90-511 OKEECHOBEE CODE (2) The city cOlIDcil may approve off-site park- ing facilities if the technical review com- mittee finds that the location of the off- site facility will adequately serve the use for which it is intended, and if the appli- cant submits a written agreement to the city ensuring the continued availability of the off-site facility for parking use. (b) Parldng space size. The minimum parking space shall be nine feet wide by 20 feet long; handicapped shall be as defined by state handicap code accessibility. (c) Loading space sizc. The minimum loading space shall be ten feet wide by 30 feet long, with 14 feet vertical clearance. (cl) Parking access driueway width. <l) The single-fmnily residence Hum mum driveway width shall be at least eight feeL 12> For a]] olllE'r w;r'C, thr' mlnInHl1ll drivc-w;n' width ",h,Iil IIf' a. Parklllg c,p:lces between 75 degrees and 90 degrees angles to the drive, way, 24 feet. b. Parking _ spaces any other angle to the driveway, 20 feet. (e) Parking and loading space layout. (1) Except for single-family dwellings and places of public assembly or worship, each parking and loading space shall be paved. (2) Except for single-family dwellings, each parking or loading space shall open di- rectly onto a driveway that is not a public street, and each parking space shall be designed to permit access without moving another vehicle. (3) Buildings, parking and loading areas, hmd, scaping and open spaces shall be designed so that pedestrians moving between park- ing areas and buildings are not unreason- ably exposed to vehicular traffic hazards. (4) Paved pedestrian walks shall be provided along the lines of the most intense use, p<lrticularly between building entrances to streets. pm-king areas, and adjac0nt hlltlding" I :') I LU;ldll1g facilities sh;dl be IdE'lItlflr'd ;l~- It) purpose and location when not cleady evident. (LDR 1998, * 460) Sec. 90-512. Space regulations. Off-street parking spaces are required as follows: (1) Residential Uscs: Single or two-family dwelling Multiple-family 1 bedroom Multiple-family 2 bedrooms Multiple-family :3-4 bedrooms Mobile home park Ad ultJassisted living facilities Commercial Uses: Shopping center, Retail store or service Furniture or appliance store Professional office, business office, Medical office Nursery, lumberyard Rest.aurant, nightclub Barbershop, bpauty shop (2) SliPI'. No.1 2 per dwelling 1. 75 per dwelling 2 per dwelling 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 ] per 500 square feet of floor area ] 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 floor area 2 per service chair CD90::34 ZONING ~ 90-512 Hotel, motel 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 Auto service, repair or wash Automobile sales (3) Entertainment and Recreation Uses: Private club Health club Tennis, racquet or handball court Thea tel' Indoor recreation 1 per 300 square feet of floor area 1 per 150 square feet offloor area, include pool 2 per court, plus accessory uses 1 per 3 seats, plus 5 spaces 1 per 200 square feet of floor area, plus acces- sory uses 1 per tee, plus accessory uses 6 per hole, plus accessory uses 2 per 3 boats slips, plus storage for trailers and boats Golf driving range Golf course Marina (4) Institutional Uses: Government office, Courthouse or other public facilities Place of public assembly or worship Hospital Nursing home 1 per 400 square feet of floor area ,Jlllll!)!' hl,~h s,hool St'lllor l11gh schoo] 1 per 3 persons in main auditOlium 1 per 1 bed 1 per 4 beds, plus 1 for ench employee at maximum shift ::; per cl:1ssroom I per 6 students, plus I sp:lce JlPI' st :111 memo bel' 1 per 3 students, plus 1 space per staff mem- ber 1 per 5 students, plus 1 space per staff mem- ber nurseries lllay provide an off-street dropoff and College Day care, preschool, nursery In lieu of student parking, day care, preschool and pickup area, Required parking for 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, 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 computat.ion. 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, pIllS 1 per 4,000 square feet of floor area over 40,000 square feet SlIpp N,) 1 C D9ll:35 * 90-512 OKEECHOBEE CODE (6) Use Not Specifically Listed: Parking spaces shall be the same as required for the most similar listed use. (LDR 1998, * 470; Ord. No. 815, * 1, 2-4-03) Sec. 90-513. Off-street loading space requirement regulations. Off-street loading spaces are required as follows: (1) Residential Uses: Multiple-family, adult/assisted living facilities 1 for 20 to 50 dwelling units, plus 1 for each additional 50 dwelling units (2) Commercial and Industlial Uses: Commercial, industrial 1 for 5,000 to 25,000 square feet floor area, plus 1 for 25,000 to 60,000 square feet floor area, plus 1 for 60,000 to 120,000 square feet floor area, plus 1 for 120,000 to 200,000 square feet floor area, plus 1 for eacb additional 90,000 square feet floor area. Except that each restaurant, convenience ston'o ;lIld f"oodstore Sh;lll h;lVP at least onp IO;ItIIIl." ',p;lre I:,)) Fil/('l {(fIIJ}/U'I!( ol/d RI'IIt'U{101/ Uses, Entertainment, recre~ltion 1 for 10,000 to 40,000 square feet floor area, plus 1 for each additional 60,000 square feet floor area (4) Institutional and Other Specified Uses: Institution, government office, place of public assembly, hospital, hotel, motel (5) Use Not Specifically Listed: 1 for 10,000 to 40,000 square feet floor area, plus 1 for each additional 60,000 square feet floor area Loading spaces shall be the same as required or the most similar listed use. (LDR 1998, * 480) Sees. 90-514-90-530. Reserved. DIVISION 4. LANDSCAPING Sec. 90-531. Generally. Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, * 500> Sec. 90-532. Residential tree planting. The following are the number of trees required in t.he en 1I n1l'Llted residenti;11 districts: MlIltipk~family one bedroom MlIlt.iple-family two 1.0 lour bedrooms Mobile llOnw park or subdl- vision two t.rees per dwl'lJing t.hree t.n:>es per dwellillg t.wo t.rees: per dwplljng AdllllJassist.ed living fat:ili- t.ips, nllrsing borne one t.ree per two units 01- bedrooms (LDR 1998, * 501) SlIpp, N" 1 CD9036 Sec. 90-533. Nonresidential tree and shrub planting. The following are the number of trees and shrubs required to be planted in the nonresiden- tial areas: (1) Landscaping material required under this section may be used to satisfy the stan- dards for landscape materials listed un- der parking area and landscape buffer planting standards. (2) At least one tree and three shrubs shall be planted for every 3,000 square feet of nonresidential lot, excluding areas of ex- isting vegetation which are preserved. (LDR 1998, g 502) Sec. 90-534. Nonresidential parking area. Parking areas with a single access lane do not need to be landscaped in nonresidential parking areas. Parking areas with more than one access lane shall be landscaped as follows: (1) At least 18 square feet oflandscaped area for each required parking space. (2) At least one tree for each 72 square feet of required landscaped area. (3) Shade trees shall be planted at no more than 20 feet on centers near the intersec- tion point of parking spaces. (4) The minimum dimension for any required landscaped area with a parking area shall be four feet. (5) The remainder of a parking landscape area shall be landscaped. with grass, ground cover, or other landscape material. (LDR 1998, g 503) Sec. 90-535. Nonresidential buffer regula- tions. Nonresidential landscape buffer areas shall be required within required setbacks and land- scaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. Supp. No.3 ZONING ~ 90-538 (2) At least one tree and three shrubs for each ;300 square feet of required land- scaped buffer. (3) Trees. may. be planted. in dusters, but shall not exceed 50 feet on centers abut- ting the street. (4) The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, g 504) Sec. 90-536. Planting in dry retention areas. Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely sus- ceptible to periodic inundation. (LDR 1998, ~ 505) Sec. 90-537. Protection of native vegetative communities and wetlands. (a) Native vegetative communities shall be pro- tected from adverse impacts of development. (b) Wetland buffers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. (LDR 1998, ~ 506) Sec. 90-538. Landscape design and plan. (a) Proposed development, vehicular and pe- destrian circulation systems, and site drainage shall be integrated into the landscaping plan. (b) Existing native vegetation shall be pre- served where feasible, and may be used in calcu- lations to meet these landscaping requirements. (c) When more than ten trees are required to be planted, two or more species shall be used. (d) Trees and shrubs shall not be planted in a location where at their maturity they would in- terfere with utility services. (e) Trees should maximize the shading of pe- destrian walks and parking spaces. (f) Landscaping ground covers should be used to aid soil stabilization and prevent erosion. CD90:37 S 90-538 OKEECHOBEE CODE (g) Landscaping shall be protected from vehic- ularencroachment by means of curbs, wheel stops, walks or similar barriers. (LDR 1998, ~ 510) Sec. 90-539. Alternative landscape design and plan. (a) An applicant shall be entitled to demon- strate that the landscape and buffer require- ments can be more effectively met by an alterna- tive landscape plan. (b) Upon review and recommendation, the tech- nical review committee may approve an alterna- tive landscape plan. (LDR 1998, ~ 511) Sec. 90-540. Native drought tolerant plant materials required. (a) Plants required to be installed shall be elected from the South Florida Water Manage- ment District's Xeriscape Plant Guide. (b) At least 75 percent of the total number of plants required shall be state native very drought.... tolerant species as listed in the South Florida Water Management DistrictXeriscape Plant Guide. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be state native moderate or very drought tolerant species. (c) Trees shall be at least ten feet high and two inches in diameter measured fOUT feet above ground level at the time of planting. (LDR 1998, ~ 512) Sec. 90-541. Maintenance. (a) Sufficient topsoil and water shall be pro- vided during the plants' establishment periods to sustain healthy growth. (b) Plants shall be maintained in a healthy condition, and dead, severely damaged or dis- eased plants shall be replaced. (LDR 1998, S 513) Sec. 90-542. Prohibited plants. The following plants are deemed and declared to be a nuisance within the city for existing development. In addition, after development approval, the following plant species shall not be used to comply with this division, and shall not be planted: Melaleuca leucadendra (Punk Tree) Cupianopsis anacardiodes (Carrotwood) Albizzia lebbeck (Womans Tongue) Brassaia actinophylla (Scheffiera) Ficus spp. (Nonnative Ficus) Syzygium cumini (Java Plum) (LDR 1998, ~ 514) Sclrinus terebintbifolius (Brazilian Pepper) Dalbergia sissoo (Rose Wood) Araucada heterophylla (Norfolk Pine) Enterolobium cycocarpum (Ear Tree) Grevilla robusta (Silk Oak) Melia azedarach (Chinaberry tree) Casuarina spp. (Australian Pine) Bishofia javanica (Bisbofia) Eucalyptus spp. (Eucalyptus) Acacia audculiformis (Eadeaf Acacia) Capium sebifrum (Chinese Tallow tree) Sec. 90-543. Utility corridor requirements. (a) Landscaping near overhead electrical trans- mission or distribution lines, telephone lines, or cable television lines in both residential and non- residential areas shall follow the additional re- quirements of this section to minimize disruption or interference with such lines due to maturing vegetation. (b) No tree shall be planted where it could, at mature height, conflict with overhead utility lines. Larger trees (trees with a mature height of 30 feet Supp. No.3 or more) shall be planted no closer than a hori- zontal distance of 30 feet from the nearest over- head utility line. Medium trees (trees with a height of 20 to 30 feet) shall be offset at least 20 feet horizontally from the nearest overhead util- ity line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum offset, except that no tree, regardless of size shall be planted within five feet of any CD90:38 "' SUBDMSIONS interest. The city may, in such cases, seek the voluntary dedication by the developer of such areas. (Ord. No. 669, ~ 3.06.06, 5-17-1994) Sees. 86-147-86-180. Reserved. ARTICLE ~ REQUIRED IMPROVEMENTS Sec. 86-181. Monuments. (a) Permanent reference markers shall be placed at each corner or change of direction on the boundary lines of the lands being subdivided. All such permanent reference markers shall be lo- cated and placed in conformity with F.S. S 177.091(7), and the markers shall meet the standards specified in F.S. ~ 177.031(15). (b) Permanent control points shall be set at such locations in the subdivisions as specified by F.S. S 177.091(8), and by the city. Permanent control points shall meet the standards specified in Ys. ~ 1770:no:n (c) All lot line boundaries shall be monumented as specified in F.AC. ch. 61G-17. (d) The location of all monuments under sub- sections (a), (b) and (c) of this section shall be indicated on the final plat. (e) All original corner markers shall be pro- tected throughout the development. Should such, or any, monuments, iron pipes, or iron pins serv- ing as monuments, fall within pavements, drive- ways or sidewalks they shall be secured to pro- posed grades by eight-inch concrete pipes and a cast iron cap for access to the original monument. All monuments must be in place before the devel- oper is released from bond, if a bond has been posted. If no bond is posted, monuments must be in place prior to the approval of the final plat. Any and all land monuments, subject to being dis- turbed or destroyed in the prosecution of construc- tion, shall be accurately witnessed before construc- tion and replaced at the expense of the developer upon the completion of construction. (Ord. No. 669, ~ 3.07.01, 5-17-1994) ~ 86-182 Sec. 86-182. Storm drainage. (a) A drainage system shall be designed show- ing the ultimate disposition of the. design storm. All stormwater conveyance systems shall' h~ve adequate capacity to carry the runoff resulting from rainfall intensity which maybe expected for a ten-year storm period. Stormwater treatment and disposal facilities shall be designed for a 25-year storm event of 24-hour duration. Such facilities shall meet the design and performance standards established in F.A.C. 17-25.025. The first inch of stormwater runoff shall be treated on-site, pursuant to F.AC. 17-3.051. Stormwater discharge facilities shall be designed such that the receiving water body shall not be degraded below minimum conditions necessary to ensure the suitability of water for the designated use of its classification as established in F.A.C. ch. 17-3. These standards shall apply to all development and redevelopment. Where there is substantial diversion of water, such diversion shall be accom- plished so as to prevent erosion. (b) All drainage facilities shall be designed for a posit.ive outfall to existing stonn wastewater systems, lakes, canals, rivers, streaIIls, or previ- ously constructed city, county or state road ditches. All water retention areas shall be fenced and shall be screened by appropriate trees or shrub- bery. (c) lfthe added runoff from the developed area will, in the judgment of the city, overtax or over- load the existing public stormwater system or roadway, then the developer shall include in his plans sufficient work to enlarge the present facil- ities to care for the added drainage imposed on the system. (d) Where land is subject to periodic flooding by the overflow from creeks, rivers, or streaIIls, a floodplain based on a 25-year, 24-hour storm must be established and clearly designated on the final plat. No building will be permitted within the area of the floodplain unless the entire area to be utilized for building is filled to a height of three feet above the floodplain and proposed filling as approved by the South Florida Water Manage- ment District (SFWMD). CD86:15 ~ 86-182 OKEECHOBEE CODE (e) Areas to be used for water retention pur- poses shall be designated as IIgeneral purpose areasll on the plat and shall not be shown on the plat in any other way. Such areas shall in no circumstances be given a lot designation in the subdivision. Such areas shall be held in common ownership and maintained by the property own- ers' association. Such property owners' associa- tion shall be provided for in the protective cove- nants specified in section 86-72, with provisions that provide for maintenance of retention areas and assessment of property owners by the city if the property owners' association fails to ade- quately maintain such water retention areas. If the city council agrees to accept the dedication of the water retention areas, they shall be deeded as general purpose areas in a given block, as the case may be. m Drainage facilities and necessary auxiliary improvements such as fencing and screening must be constructed and approved before the developer is released from bond, if a bond has been posted. If no bond is posted, drainage facilities must be constructed and approved by the city befon~ the :lpproval of t.he final piaL (g) Notwithstanding the provisions of this sec- tion, compliance with all SFWMD regulations is also required, and the most restrictive condition between SFWMD and city requirements shall be accomplished. (Ord. No. 669, ~ 3.07.02, 5-17-1994) Sec. 86-183. Clearing and grading rights-of- way. The developer shall be required to clear all rights-of-way in accordance with the public works manual. The city council may provide that trees need not be removed from the right-of-way, where the preservation of such trees will not hinder the future maintenance of streets, drainage, or be a hazard to vehicular or pedestrian safety. All de- bris shall be removed from the rights-of-way. (Ord. No. 669, ~ 3.07.03, 5-17-1994) Sec. 86-184. Bridges and culverts. (a) All bridges and culverts shall meet the standards specified by the state department of transportation as contained in Standard Specifi- cations for Road and Bridge Construction. (b) Locations of bridges and culverts, with con- struction data and full specifications, shall be shown in an exhibit, and approval or acceptance of the final plat shall not be accomplished unless such exhibit is transmitted. (c) Bridges and culverts must be constructed and approved before the developer is released from bond, if a bond has been posted. If no bond is posted, bridges and culverts must be constructed and approved by the city administrator before the approval of the final plat. (Ord. No. 669, ~ 3.07.04, 5-17-1994) Sec. 86-185. Wastewater and water. Standards for installation of water, wastewater and stonn wastewater are as follows: (1) Installation of any water and wastewater system shall comply with appropriate state regulations and standard specifications provided in the Public Utilities Manual and the Manual of Standards and Design Construction and Maintenance fllr Wdter and Wastewater Systems, and shall be installed under the direction and supervi- sion of, and subject to the inspection and approval of, the city. If any defects shall occur in the water or sanitary wastewater facilities within one year from the date of acceptance by the city, such defects shall be remedied and corrected at the developer's expense. The specifications and location of fire hydrants shall be approved by the city. (2) All necessary stonn drainage facilities, either underground pipe, drainage wells, canals, or drainage ditches, shall be in- stalled to city standards and specifica- tions, and subject to the approval of the city, so as to provide adequate disposal of surface water and to maintain any natu- ral watercourses. In areas where high groundwater exists and it is deemed nec- essary by the city for the protection of paved streets, underdrains shall be in- stalled. If any defects shall occur in the storm drainage system within one year CD86:16 -_.~~~~~~._~_.w____.~___---"'~ --T--T--T--T--T--l I ~--T--T--- I I I I I I I I I I ~I ~I ~I ~I ~I ~I I I ~I ~I ~ ~ I ~~ I ~~ I ~~ I ~~ I ~~ I I ~~ I ~~ I ~~ ::;~ I ClC) I ClC) I ClC) I ClC) I S~ I S~ I ClC) I ClC) ~~ I ~~ I ~~ I ~~ I ~~ I ~ I kll I ~ I ~~ I ~~ __J___L__lHL__L_j ~II~ l__J___L H- 20' ALLEY ~"... 20' ALLEY ~ !l.: --1---:---r--T -:---r--l ~II~ r--i---~ - I I I I I I I ~ ~ I I I Cl~ I _~ I ~ I ~ I ~~ I ~ I ~ I I I ~ I ~ I ~ ~~ I ~~ I ~~ I ~~ I ~~ I ~~ I ~~ I ~I I ~~ I ~~ I ~~ ClCl I ClCl I ClCl I ClCl I ClCl I ClCl I ClCl ~ SCl I ClCl I ClCl ~Ci5 I ~Ci5 I ~Ci5 I ~Ci5 I ~Ci5 I ~Ci5 I ~Ci5 I I I Ci5 I ~Ci5 I ~Ci5 u1__1u1__lulul_j l L__l__~-_- <tc - - - -~; ;;,~"/'!,,Rf.oIf} - - - + - - - 4- - -~- -- I ~ ~ ....~ ClCl ~".j Ctj ~ "- ....~ ClCl ~".j Ctj I :iF I I I I I I Ol~ ~~ ClCl ~Ci5 ~--~--~--~-- --~I ~;8~1 --~I --l I I I I " I I Cl I <::l I <::l I <::l <::l I ~ I ~ I I ~~ I "-~ I ~~ I ~~ ~~ I ~ ,\ - I ....~ ....~ ....~ ....~....~ ....~ ~....~ I ClCl I ClCl I ClCl I ClCl ClCl I SCl I SCl I ~Ci5 I ~Ci5 I ~Ci5 I ~Ci5 I ~Ci5 I I Ci5 I Ctj I I I I I I I I JI I I I I I I I I I _L -- L__ i - - ---.J -'IN' O-..l..- _---.J ___L__ 111.3' 20' ALLEY - - - -:-- i -1- --:-- -f - -l(:t;~~~;D) I I I I I 112.1' I <::l I <::l I <::l I <::l I <::l: t ~~ I ~~ I ~~ I ~~ I ~~ I I I ~lC) ~lC) ~lC) : 3 ~ : 3 ~ : 3 ~ : 3 ~ : 3 ~ >-70.l/W-j 3 ~ I 3 ~ I 3 ~ I ~L_L_L_L_Lj : L__JJ~P__J NORTH ______NE ~th EiTRE!L_~rt___t___ (R/W NOT OPENED) '')It) ....~ ClCl ~"... Ctj ~lt) ....~ ClCl ......"... Ctj io o:i I") I INO 80' 60' 40' 20' O' 4p' I ' , , , 1 INCH = 80 FEET 0- = 801 80' , / 5FECIAL FURf05E 5URVE Y IREf ARED FOR.: GAME SHEET 1 OF I LYING IN 5ECTION 15, TOWN5HIF 77 50UTH, RANGE 75 EA5T OKLECH05LE COUNTY, FLOR.IDA STANDARD NOTES: 1. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH OR AN ABSTRACT. THIS OFFICE HAS NOT PERFORMED A SEARCH OF THE PUBLIC RECORDS FOR EXISTING EASEMENTS, RIGHTS-OF-WAY, ABANDONMENTS. ZONING SETBACKS OR DEED RESTRICTIONS. 2. "ADDITIONS OR DELETIONS TO SURVEY MAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." 3. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND RAISED EMBOSSED SEAL OF THE SIGNING FLORIDA PROFESSIONAL SURVEYOR AND MAPPER. 4. UNLESS NOTED OTHERWISE. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER PLAT OR DEED, " 5. LOCATIONS OF BUILDING(S) ARE LIMITED TO THE ABOVE GROUND WALLS. FOOTERS OR FOUNDATIONS HAVE NOT BEEN LOCATED. 6. UNDERGROUND UTILITIES. IF ANY. HAVE NOT BEEN LOCATED. 7. SYMBOLS ARE NOT TO SCALE. PROJECT SPECIFIC NOTES: 1. SITE STREET ADDRESS: 50S NE 9th STREET. OKEECHOBE. FLORIDA. 34972. 2. THIS IS A SPECIAL PURPOSE SURVEY, THE INTENT OF WHICH IS TO SHOW THE DISTANCE RELATIONSHIP OF AN EXISTING BUILDING TO A NEARBY LOT CORNER. TO ASSIST WITH A SPECIAL EXCEPTION REQUEST FOR LAND USE ZONING. STANDARD LEGEND: ALIGN. = ALIGNMENT, ASPH. (OR) ASP = ASPHALT. APPROX. = APPROXIMATE. BLDG. = BUILDING. CONC. = CONCRETE. COR. = CORNER. EOP = EDGE OF PAVEMENT. EOS = EDGE OF SHELL (ROCK). FC = FENCE CORNER. OHU = OVERHEAD UTILITY (WIRES/LINES). P.O.B. = POINT OF BEGINNING. P.O.C. = POINT OF COMMENCEMENT. P.O.T. = POINT OF TERMINUS. R/W = RIGHT-OF-WAY. TYP. = TYPICAL. WPP = WOOD POWER POLE. WSP = WOOD SERVICE POLE. H/IND/RMF = ZONING DESIGNATION. STANDARD LEGEND (CONTINUED): ~ = ELECTRIC RISER/VAULT/METER. EZllil = TELEPHONE RISER/VAULT. iXJ = WATER VALVE/METER. ~ = FIRE HYDRANT. @ = STORM WATER MANHOLE. <ID = SANITARY SEWER MANHOLE. ct = CENTERLINE. '"lli = WOODEN POWER POLE/ SERVICE POLE. o = 5/Sn IRON ROD. PREP ARED FOR: STEVEN GAME; SURVEY OF: LOTS 1-3 AND THE NORTH 40 FEET OF LOTS 4-6, BLOCK 51. OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. -&~--- HN A. WILSON, PSM ROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5157 FLORIDA DBPR CERTIFICATE OF AUTHORIZATION NO. LB7429 FLORIDA BPE CERTIFICATE OF AUTHORIZATION NO. 2683S /~~ / / i\ z 0 F a.. ~ (.) If) ~ W U Cl 0 .....J CO Z 0 U1 :> j:. w co 0:: W I- <( Cl O~ Nt') '<t Z / \j ,S ~ ~~ tJ ~~~ ~~ CS <~ ~~ G~~ ~ :>:: !W2 ~ ~ \f) 3: ~ <( Uo::J o 0:: (0 .....J (00 CO (0 ,0 I 0100 . 10000 000 I 10 u.... 0600't Z 10000 o .. 0 f-O..W >-1-.... U "CO<(Wo:: W >- Clc.:lW 'JCOCl <(CO o W>-a..:::E 0:: ~ ::L ~ ::L ::> Cl.. <( ~ 0:: 0 Z o:::c::>OI- ClUlf)COU W WWClClJ I-I-..J..JO <(<(WWo:: ClClG:G:a.. I") ..... OJ .... to <.... woCO w-co (Dll::co og, Iu....... U tl) W '1") Wtil :::t:ron_ OotOll) Ico C 1 u ..i ~wx._ wW<e:::2 w~lL.- goO 5 Ullco& .c OCO E .........to (I) LOWtOlD ~ I I ~x"'" ;0 Zol.OC ~(D7i I")wl") Uco .. i:i: co ~~w tl-z OUlO OI CLCL .:..; ;;;: :::;; 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@aU.net LaRue Planning & Mana elTIent Services, Inc. Staff Report - Special Exception Request Prepared for: The City of OkeechDbee Applicant: Steven Game for Charles Farmer Petition No.: 07-00]-SE Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-001-SE General Information: Owner: Contact Person Applicant Address: Owner Phone Number: Charles Farmer Steven Game 2210 NE Daniels Street Arcadia, FL 34266 863-494-2628 Legal Description of Subject Property: LOTS 1, 2 AND 3 AND NORTH 40 FEET OF LOTS 4, 5 AND 6 AND ALLEY BETWEEN SAID LOTS, BLOCK 51, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE 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 Industrial Zoning District for property located at 508 NE 9th Street, Okeechobee, FL. Background: The "ubject properly is approximately 0.61\g acre(s) frontinf'- on 1\'1- l)fh Street which is ,>llhWCI to l~ll<' SpecIal Use I\LTPllOl} pe[IlJon The "lIhleet properlV 1'- developed wllh )- unit stmcture which was used as a car shop, air condIllOnmg repan "hop. and an aluminum shop. The applicant intends to use the structure for adult nude entertainment. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: Vacant Vacant Vacant Vacant Future Land Use S F Zoning H Future Land Use S F Zoning H Future Land Use I Zoning I Future Land Use I Zoning I Consistency with Land Development Regulations: 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 is designated Industrial on the City's Future Land Use Map. The Comprehensive Plan stipulates that development within this category not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. Page -1- Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-001-SE The structure which currently stands on the site is well within the FAR parameters set forth in the Plan and the proposed use as an adult nude establishment although not mentioned in the Comprehensive Plan is allowed as a Special Exception Use within the City's Land Development Regulations. B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90-343 (10) specifically authorizes the proposed use within the IND Zoning District and is shown below: Section 90-343. Special exception uses. ( 1 0) Adult entertainment: a. Notwithstanding any other provision of this Code, adult entertainment establishments subject to article "V, chapter 14 of subpart A of this Code may not be permitted in any area of the city except as permitted within the industrial district within the provisions and conditions of this Code. b. Distance minimums. In addition to subsection (10)a of this section, an adult establishment shall not be permitted to open, operate, or be enlorged so as to come within the follm-ving distances: j 0111:' fllOllsond Ieef or (/ permiffed, prenisfillg {{(Ill If ellferwil1mel1t eswblishment: 2. One thousand feet of a preexisting commercial establishment that in any manner sells or dispenses alcoholic beverages for on-premises or off-premises consumption; 3. One thousand feet of a preexisting religious institution; 4. One thousand feet of a preexisting educational institution, or library; 5. Five hundredfeet of an area zoned for residential uses; 6. One thousand feet of a park, whether improved or not; 7. Two hundred feet of a preexisting government facility, and any halfway house. The applicant has submitted information showing that RMF zoned property which is to the north and west of this property is over 500 feet from the location of this proposed special exception use. However, in analyzing the distance requirements for the location of the Adult Entertainment (Special Exception) it is questionable whether the residential requirements will be fully met if there is an approval of the special exception at the requested location. There is property within 500 feet of this request, designated as Single Family Future Land Use, in a Holding Zoning designation. Since no rezoning can be inconsistent with its designated Future Land Use, the Holding Zoning can only be changed to a Single Family Zoning district. While the written narrative explaining what is allowed in the Holding Zoning Page -2- Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-001-SE District is no longer in the City's Current Land Development Code, it is included with this report for everyone's benefit. For the above reasons it is difficult to state that the Adult Entertainment request would not be in violation of the residential distance requirements as the future uses of the Holding Properties can only be residential. The purpose or intent of this type of land use dictates that the entire block would be residential, and such development if occurring would result in residential development existing closer than 500 feet to an adult entertainment facility. C. The use will not have an adverse effect on the public interest. Because of this property's location, adverse effects on the public might occur if Blocks 34 and 35 were to be developed as residential areas. Although the establishment is not situated within an area commonly used for residential. educational, or governmental purposes, it is important for the City to recognize that negative impacts of this use may arise and the City, in cooperation with the applicant, must act to resolve those impacts immediately. D. The use is appropriate for lhe proposed localioll. is reasonably compatible wilh adjocor{ ilsn olld is IIOT dctn/!w/iro! {o ilrhwri:/Ilg fond II\(' poffern, As eXplained in response 13 above, the use at the proposed location wl1Jle technically not in absolute violation of the existing distance requirement it is in proximity to land use that is residential on the Comprehensive Plan Future Land Use Map. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. It is difficult to determine property values but presumably adjacent land with residential future land use designations might not be encouraged to develop. F. The use may be required to be screenedfrom surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The use if approved can be required to be screened from surrounding uses. The applicant will be required to go before the Technical Review Committee for site plan approval prior to occupying the site. The TRC will determine the best screening options for the subject property. Page -3- ,. Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-001-SE G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Overburdening of schools and utilities will not be an issue for this development. Traffic impacts will be measured during the site plan review phase of development. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Prior to scheduling the hearing for the site plan review, the applicant will need to demonstrate that parking, traffic congestion, flooding and drainage will not be a significant problem for the site by the applicant. It is not clear through an informal submittal that parking will be sufficient. Comments and Recommendation: Move that Petition No. 07-001-SE be approved only if the proximity of land in a future land use category does not violate the distance requirements. If approved the Adult Entertainment Special Exception must meet fully all the requirements of Ordinance 743, and assuring that alcohol is not served, hours of operation are not during school hours and full compliance with City rules regarding parking, landscape. and building code safety rcqlllTcments It IS also recommended. a:-. a condition if the Special ExceptIOn IS approved, thaI al least one off duty law enforcement officer employed by the Adult Entertainment Facility be present during hours of operation in order to assure that City Ordinance 743 is fully complied with. Finally, patrons and/or customers are prohibited from congregating outside the building. Submitted by: James G. LaRue, AICP Planning Consultant January 7, 2007 Page -4- Page 1 of 1 From: C~rLW~idJLl}g Date: 1/10/20074:04:51 PM To: bfl~me]11@fj1Y910keechQ.p~_e_&QIJ1 Subject: Objection to Special Exception Petition 07-001-SE for Adult Entertainment To: City Planning Board of Okeechobee, Florida I am the owner of property within 300 feet of the property the City Planning Board is considering a special exception for, to allow an adult entertaimnent establishment. (Petition 07-001-SE) As I live in San Francisco, California, I cannot attend the public hearing in person, but I would like to register my opposition to granting this exception. I do not want to allow an adult entertainment establishment to be so close to my property. An adult entertainment establishment would not be compatible with the general use and character of this area. An adult entertainment establishment would jeopardize the development and the safety of the area around it. Respectfully, Carl \Veidling 1/11/2007 Page 1 of 1 From: d~an Date: 1/14/2007 3 :26:32 PM To: bctemel1t@cityofokeec:hQbee.colTI Subject: Objection to Special Exception Petition 07-00 I-SE for Adult Entertainment To: City Planning Board of Okeechobee, Florida I am the owner of property within 300 feet of the property the City Planning Board is considering a special exception for, to allow an adult entertainment establishment. (Petition 07-00 I-SE) I live and work in Miami and cannot attend the public hearing in person. However as an affected property owner I believe an adult entertainment establishment in this neighborhood would be a detriment to the area and to the interests of those nearby. Please register and consider my strong opposition to this petition. Thank You. Respectfully, Dean Weidling 1116/2007 January 18, 2007 To: Board of Adjustments From: Chief Denny Davis Ref: Petition No. 07-001-SE (Adult Entertainment Special Exception) In the comments and recommendation area of the Larue Planning & Management Services, Inc. Staff Report they recommend, "as a condition if the Special Exception is approved, that at least one off duty law enforcement officer. . . be present during hours of operation. Although it may not be a bad idea for some type of security to be present my department does not have the manpower available to provide off-duty officers on a semi- permanent basis, as this would be. In any case, we would not provide for off duty employment in an Adult Entertainment Facility by matter of policy. sin.~.~;9..~Y;~ // /'",::.j/.' / "vi '-"/ -"" - Dennis Davis Chief of Police ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 90-343 OF THE LAND DEVELOPMENT REGULATIONS; CREATING PARAGRAPH ELEVEN THEREIN PROVIDING FOR SPECIAL EXCEPTION USES IN INDUSTRIAL ZONING CATEGORIES FOR REHABILITATION FACILITY; OR HALF WAY HOUSE FOR SEXUAL OFFENDERS; PROVIDING FOR STANDARDS AND RESTRICTIONS TO ESTABLISH SUCH FACILITIES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee adopted ordinance no.967 which created certain standards and restrictions for sexual offenders residing within the city of Okeechobee, and WHEREAS such ordinance provides for certain exceptions to residential restrictions for rehabilitation facilities or half-way homes for sexual offenders under the heavy commercial or industrial zoning categories; ; and WHEREAS the city of Okeechobee had no such exceptions in any zoning category in the city, and the creation of such exceptions requires amendment to special exception uses in the city land development regulations and WHEREAS it is in the best interests of the city of Okeechobee to place restrictions on the placement, design, distance, number of occupants, and other pertinent standards for any such rehabilitation facility; THEREFORE, be it resolved by the City of Okeechobee, Florida and approved by majority vote of the city council at a duly called and advertised public hearing: 1. THAT ordinance no. 967 previously adopted is amended to reflect the adoption of a special exception for rehabilitation facilities or half-way homes for treatment of sexual offenders, to be included in the land development regulations at section 90-343(11), as follows: Sec. 90-343 Special Exception Uses. (11) Rehabilitation or half-way homes. (a) That as provided in ordinance 967, and included in ordinance no. 38-43, rehabilitation facilities or half-way homes for treatment and rehabilitation of sexual offenders shall be a special exception use in industrial zoning categories, subject to the following restrictions. (b) That any such facility shall be subject to all state laws pertinent to such facilities under the Laws of Florida (c) That such facility shall at no time house in excess of six (6) sexual offenders, excluding employees and staff of the facility. (d) That such facility shall be licensed by the State of Florida and be staffed by professional and licensed mental health care providers, and provide an organized course of treatment and rehabilitation recognized by the State of Florida and the standard of care recognized by the professions of psychology or psychiatry.. (e) That such facility shall not be located within 1500' of school, public or private; a child care facility, church, public park, or a zoning district ofRSF-I; RSF-2;RMH;RMF (t) That sexual offender is defined as any person convicted under the laws of the State of Florida or similar statutes of any other state, country or province, for an offense recognized as a sexual offense, regardless of degree of offense or whether adjudication of guilt was withheld by the court. 2. THAT this ordinance shall take effect.... City of Okeechobee January 18th, 2007 MEMO Planning/Zoning re: ordinance 90-561 As required by our ordinance, we have before you a request to amend the sign ordinance for the city ofOkeechobee, which commences at 90-561. The city council placed a moratorium on processing permits for billboard advertising, due to some confusion in the existing ordinances. At present, the ordinances refer to off-premises signs as billboards, which in the new ordinance will be defined as "... one which directs attention tot a building, profession, product, service, activity or entertainment not conducted, sold or offered on the property upon which the sign is located, and are usually found along or near a major highway, and are of such size and design as to catch the attention of the motoring public." The location of such signs are controlled by the permitted size of the sign, plus additional factors such as set backs and other restrictions. Currently, what you would typically consider to be a billboard would not be permitted in professional and office districts, as the size limitations there are tied to street frontage and would be much smaller. Further, the defmition of ground signs and off-premises signs on the same property is not really clear. The drafting of a new or amended sign ordinance is difficult, as the courts have placed many legal obstacles on such ordinances, and it must be carefully drawn for instance, to avoid placing much discretion in the permitting official, and to avoid preferring commercial sign content over non-commercial sign content, in the permitting and placement of signs. Essentially, the ordinance must clearly state its objectives in sign regulation, and avoid the enactment of a regulation that actually works to control sign content, which would be an impermissible infringement into the owner's frrst amendment rights under our constitution. 55 S.E. Third Avenue. Okeechobee, Florida 34974-2903 . (863) 763-3372 . Fax: (86~) 763-1686 The present ordinance simply does not address some of these areas that must be included in any sign ordinance; I do not have any particular draft language for the board to consider at present, as we are still looking at other ordinances, and the effect of recent litigation. For instance, an ordinance similar to ours in Neptune Beach, Florida, recently was totally invalidated by the Federal court for such deficiencies in its ordinance, although I do not believe our current ordinance suffers from the same problems as that one. As we must first present the matter of changing LDR's to this board, I am requesting that the board recommend to the city council a complete re-write of existing sign ordinances to conform the ordinance to mandates of recent case law. Of course, if any member has any particular input, feel free to notify me or the city administrator so your ideas can be considered during the re-write. John R. Cook City Attorney City of Okeechobee November 13,2006 Centennial Builders of Lee County PO Box 3648 North Fort Myers, Florida 33918 Re: Building Permit Number 420-06-07 Please be advised, Building Permit Number 420-06-07 is being voided due to incorrect information on the application. This permit was issued for the Industrial Zoning District, when in actuality it is in the Central Business District. The Central Business District does not allow for Off-site signs (billboards). We will be issuing a refund for the cost of the permit. Please reference Sec. 70-303 of the City of Okeechobee, Florida, Code of Ordinances. We sincerely apologize f()r any inconvenience this may cause. Sincerely, Thomas Forbes Building Official Enclosure cc: Brian Whitehall, City Administrator John Cook, City Attorney Betty J. Clement. General Services Coordinator TF/bjc 55 S.E. Third Avenue. Okeechobee, Florida 34974-2903. (863) 763-3372. Fax: (863) 763-1686 01/17/2007 12:15 8535754174 FOX & RAMUNNI PA PAGE 02 ftOX & RzAMUNNI, P ejA~ A.1TORNEYS AT LAW Amira Dajani Fox Steven A. Ramunni (also member Texas Bar) Please respond to LaBelle Office Via Facsimile and Federal Expr~ss January 17, 2007 Betty Clement City of Okeechobee Administrative Office/City of Okeechobee Board of Adjustment IN RE: Centennial Builders of Lee County; Building Permit No. 420-06-07 Dear Ms. Clement, In regard to the above referenced matter, this letter will confirm that my client's appeal will be rescheduled to Thursday, February 15, 2007 at 6:00 p.m. I would appreciate a copy of the February Agenda in advance. If you have any other questions, please contact my office. '---. Steven A./ Fox- &}{8munni:' .A. ....... Attorney for Appellant cc: Client John Cook, Esq" City Attorney Thomas Forbes, Builciing Official 2211 Peck Street Suite 250 Fort Myers. Florida 33901 Tel: (239) 791-3900 Fax: (239) 791-3901 amjra~foxramunni.com Post Office Box 1118 110 North Main Street LaBelle, Florida 33975 Tel: (863) 675-4646 Fax: (863) 675-4174 steve@foxramunni.com 01/17/2007 12:15 8535754174 FOX & RAMUNNI PA PAGE 01 .. FOX & RAMUNNI, P.A. Post Office Box 1118 110 North Main Street LaBelle, Florida 33975 Telephone: 863-1)75-4646 Facsimile: 863-675-4174 2211 Peck Street Suite 250 Fort Myers, Florida 33901 Telephone: 239-791-3900 Facsimile: 239-791-3901 Please respond to LaBelle Office Send to: Betty Clemi!nt From: Steven A. Ramunni Attention: Date: January 17,2007 Office location: Office location: LaBelle Fax number: 863-763~ 1686 Phone number: 863-675-4646 I_I Urgent __I Reply ASAP I I , PlMSe comment I ' I Please review I_J For your infonmtiol1 Total pages, including COVl;;r: 2 Comments; I CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETIN( OFFICIAL AGENDA I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, January 18,2007,6:00 p.m. - Chairperson. ~ . ~ ~. :4~ I. V ~? ~<:J )Y r::F~ ~ ~ ~ i'TJ >(J . ~~ ~~~ ~~q ~~#~# _ Y\.' ~# ~ . ~'-~ $'~~ ~~ ~ '6\~ 'J' ~ 'Jr ~ d J..~ ~ J..sY O~ . ~v ," c:y ~ ~ 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. ~ , Discuss minutes fromPctober 19. 20061Planing Board/Board of Adjustments and Appeals. f!.L~I.tQd- 10 ckiOz. Iv ~ 1J /X.Q4 cJv-lt~ [B~ Ii\) ,...<t.t :JJ,.~v IV. AGENDA - Chairperson. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the December 21, 2006, regular meeting. A. Requests for the addition, deferral or withdrawal of items on today's agenda. . .' 'Z-- JANUARY 18,2 V. OPEN PUBLIC HEARING - Chairperson. A. Comprehensive Plan Map Amendment Application No. 07-001- SSA - City Planning Consultant ~, ~+cqt fL( (11) r~5 c1Q.VUcl-Q .' 1. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-001-SSA. G-4 Land & Cattle Co and George A. Goodbread are the property owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 2104 Southwest 2nd Avenue. Legal description: Lots 1 through 4 of Block 2, Royal Oak Addition, as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida and is approximately 0.650 acre(s). The proposed use of the property is Light Commercial. B. Comprehensive Plan Map Amendment Application No. 07-002-SSA. - City Planning Consultant ~,~~ l'u.CD{~~ do..Ud i' c. P S-htt . M.Q e bl'nl'1U ndS ((.ppx CN0J 1. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-002-SSA. Glenda Bellamy and Renee Ellerbee are the pr,operty owners. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 203 Southwest 4th Street. Legal description: Lot 1, Block 185, Town of Okeechobee, according to the Plat thereof recorded in PI~tBook 2, Page 17, Public Records of@I~__i.hobeeJ~I'II<I.)', Florida; together with that part of abandoned North Curve Street and Florida East Coast Railroad right-of-way described as follows: From the Southwest corner of Lot 7, Block 185, corner of said Lot 7 for Point of Beginning; thence east on extended line to the intersection with the West boundary line of Kissimmee Street; thence North along said West line of Kissimmee Street to intersection with the North line of North Curve Street; thence Southwesterly along the North boundary line of said North Curve Street to the Point of Beginning; Less the following: From the Northwest corner of Lot 6, Block 185, Town of Okeechobee, run thence East along the North line of said Lot 6, a distance of 150 feet for the Point of Beginning; thence run South on a line Parallel to Western boundary of said Lot 6 a distance of 100 feet; thence run East on a line parallel to the "Northern Boundary of said Lot 6 to the West boundary of Kissimmee Street; thence North along said West line of Kissimmee Street a distance of 100 feet; thence run West to the Point of Beginning; and Lot 2, block 185, and the North one-half of abandoned alleyway lying adjacent to said Lot 2, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, FIQrida and is approximately 0.54 acre(s). The proposed use of the property is for a Professional Office. Rezoning Petition No. 07-00l-R - City Planning Consultant. 1. Consider Rezoning Application No. 07-001-R. William Mason is the property owner. The application is to change the zoning designation from Holding (H) to Residential Single Family-One (RSF-1) for property located at the West Entrance of the Commerce Center. Legal description: all that portion of the following described land less and excepted the right-of-way of Northeast 9th Street: being more particularly described as follows: 7 JANUARY 18,2 V. PUBLIC HEARING, Continued. C. Rezoning Petition No. 07-001-R, continued. ~ 1. Beginning at a point on the Nerth boundary line .of Sectien 15, Tewnship 37 Seuth, Range 35 East, said peint being due North .of the Nertheast corner .of Bleck 1, Okeechebee, accerding te the plat thereef recerded in Plat Beek 5, Page 5, Public Recerds .of Okeechebee Ceunty, Flerida, run thence Seuth to the Nertheast cerner .of said Bleck 1; thence run Seutherly, aleng the Eastern Beundary and the Seutherly prejectien thereef, .of Blecks 1, 16, 17, 32, 33, 34 and 51 .of said plat .of Okeechebee, te the intersectien with the Nerth line .of the Seabeard Airline Railread right-ef-way; thence run East, aleng the Nerth line .of the Seabeard Airline Railread right-ef-way, te the Western Shere Line .of the Onesehatchee River .or Tayler Creek, as new lecated; thence run Nertherly, meandering aleng said Western Shere Line .of said Creek, as new lecated, te the intersectien with the Nerth Beundary Line .of said Sectien 15; thence run West, aleng said Nerth Sectien Line, te the Peint .of Beginning. Lying in and cemprising a part .of the NW ene- quarter .of Sectien 15, Tewnship 37 Seuth, Range 35 East, Okeechebee Ceunty, Florida. Lets 1 to 18, inclusive .of Bleck 17, Okeechebee, accerding te the Plat thereef recerded in Plat Beek 5, Page 5, Public Recerds .of Okeechebee Ceunty, Flerida. Lets 1 . threugh 3, Bleck 32, Okeechebee, accerdlng te the Plat thereef as recerded in Plat Beek 5, Page 5, Public Recerds .of Okeechebee Ceunty, Flerida. Lets 4 threugh 7, and Let 12, Bleck 32, City .of Okeechebee, accerding te the Plat thereef recerded in Plat Beek 1, Page 22, Public Recerds .of Okeechebee Ceunty, Flerida. Let 13 and Let 26, Bleck 32, Okeechobee, accerding te the Plat thereef recerded in Plat Beek 5, Page 5, .of the Public Recerds .of Okeechebee Ceunty, Flerida. Lets 1 and 2, Bleck 33 and Lets 1 threugh 6, inclusive, Bleck 34, Okeechebee, accerding te the Plat thereef recerded in Plat Beek 5, Page 5, Public Recerds .of Okeechebee Ceunty. D. Rezening Applicatien Ne. 07 -002-R. - City Planning Consultant P. Sf %-b tu.CD~ d~cJ! 1. Censider Rezening Applicatien Ne. 07 -002-R. Glenda Bellamy and Renee Ellerbee are the property .owners. The application is te change the zening designatien frem Residential Multiple Family (RMF) te Heavy Cemmercial (CHV) fer preperty lecated at 203 Seuthwest 4th Street. Legal descriptien: Let 1, Bleck 185, Tewn .of Okeechebee, accerding te the Plat thereef recerded in Plat Beek 2, Page 17, Public Recerds .of Okeechebee Ceunty, Flerida; tegether with that part .of abandened Nerth Curve Street and Flerida East Coast Railroad right-ef-way described as fellows: Frem the Seuthwest cerner .of Let 7, Bleck 185, cerner .of said Let 7 fer Peint of Beginning; thence east on extended line te the intersectien with the West beundary line .of Kissimmee Street; thence Nerth aleng said West line .of Kissimmee Street te intersectien with the Nerth line .of Nerth Curve Street; thence Seuthwesterly aleng the Nerth beundary line .of said Nerth Curve Street te the Peint .of Beginning; Less the fellewing: Frem the Nerthwest cerner .of Let 6, Bleck 185, Town .of Okeechebee, run thence East aleng the Nerth line .of said Let 6, a distance .of 150 feet fer the Peint .of Beginning; thence ru.n Seuth en a line Parallel te Western beundary .of said Let 6 a distance .of 100 feet; thence run East en a line parallel te the Nerthern Beundary .of said Let 6 te the West beundary .of Kissimmee Street; thence Nerth aleng said West line .of Kissimmee Street a distance .of 100 feet; thence run West te the Peint .of Beginning; and Let 2, bleck 185, and the Nerth ene-half .of abandened alleyway lying adjacent te said Let 2, City .of Okeechebee, accerding te the Plat thereof recerded in Plat Beek 5, Page 5, .of the Public Recerds .of Okeechebee Ceunty, Florida, 1- JANUARY 18,2 QUASI-JUDICIAL A. Special Exception Petition No. 07-001-SE. - City Planning Consultant ~ 1. Consider a Special Exception No. 07-001-SE to allow an adult entertainment establishment within an Industrial (IND) Zoning District (ref. LOR's Sec. 90-343(10)) submitted by Steven Game on behalf of property owner Charles Farmer. The subject property is located at 508 Northeast 9th Street. Legal description: Lots 1 through 3 and the North 40 feet of Lots 4 through 6, and alley between said Lots of Block 51, City of Okeechobee, Plat Book 5, Page 5, Public Records Okeechobee County, Florida. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS~. () + /\ :::\","-1,\--" t~i 0- - f}UDIn~cd.- [O,:,\\.\)v D 'J.Jn.'u -.; i, i r'tJ....; A. Consider~~to am~nd Billboard Policy - City Attorney B. Create Special Exception t6 Sexual Predator Ordinance. - City Attorney ~ Administrative Appeal. - Steven A. Ramunni .. 1. Notice of Appeal for Building Permit No. 420-06-07 issued to Centennial Builders of Lee County to erect a billboard at 701 SW Park Street, Okeechobee, Florida. Permit issued in error for incorrect zoning for billboard. 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 BoardIBoard 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. LaRlle Plal111il1g & '-' Mal1aael11ellt Services, I11C. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(tijatt.net ,rL t Staff Report - Special Exception Request Prepared for: The City of Okeechobee Applicant: Steven Game for Charles Farmer Petition No.: 07-001-SE Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-OO1-SE General Information: Owner: Contact Person Applicant Address: Owner Phone Number: Charles Farmer Steven Game 2210 NE Daniels Street Arcadia, FL 34266 863-494-2628 Legal Description of Subject Property: LOTS 1, 2 AND 3 AND NORTH 40 FEET OF LOTS 4, 5 AND 6 AND ALLEY BETWEEN SAID LOTS, BLOCK 51, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE 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 Industrial Zoning District for property located at 508 NE 9th Street, Okeechobee, FL. Background: The subject property is approximately 0.688 acre(s) fronting on NE 9th Street which is subject to this Special Use Exception petition. The subject property is developed with 3- unit structure which was used as a car shop, air conditioning repair shop, and an aluminum shop. The applicant intends to use the structure for adult nude entertainment. The dwelling has public utilities and the adjoining property users are as follows: North: East: South: West: Vacant Vacant Vacant Vacant Future Land Use S F Zoning H Future Land Use S F Zoning H Future Land Use I Zoning I Future Land Use I Zoning I Consistency with Land Development Regulations: 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 is designated Industrial on the City's Future Land Use Map. The Comprehensive Plan stipulates that development within this category not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. ,.", ~". ;,". Page -1- Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-OO1-SE The structure which currently stands on the site is well within the FAR parameters set forth in the Plan and the proposed use as an adult nude establishment although not mentioned in the Comprehensive Plan is allowed as a Special Exception Use within the City's Land Development Regulations. B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90-343 (10) specifically authorizes the proposed use within the IND Zoning District and is shown below: Section 90-343. Special exception uses. (10) Adult entertainment: a. Notwithstanding any other provision of this Code, adult entertainment establishments subject to article V, chapter 14 of subpart A of this Code may not be permitted in any area of the city except as permitted within the industrial district within the provisions and conditions of this Code. b. Distance minimums. In addition to subsection (lO)a of this section, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances: 1. One thousand feet of a permitted, preexisting adult entertainment establishment; 2. One thousand feet of a preexisting commercial establishment that in any manner sells or dispenses alcoholic beverages for on-premises or offpremises consumption; 3. One thousand feet of a preexisting religious institution; 4. One thousand feet of a preexisting educational institution, or library; 5. Five hundred feet of an area zoned for residential uses; 6. One thousand feet of a park,. whether improved or not; 7. Two hundred feet of a preexisting government facility, and any halfway house. The applicant has submitted information showing that RMF zoned property which is to the north and west of this property is over 500 feet from the location of this proposed special exception use. However, in analyzing .the distance requirements for the location of the Adult Education (Special Exception) it is questionable whether the residential requirements will be fully met if'there. is an approval of the special exception at the requested location. There is property Within 500 feet of this request, designated as Single Family Future Land Use, ,in a Holding Zoning designation. Since no rezoning can be inconsistent with i,ts designated Future Land Use, the Holding Zoning can only be changed to a Single' Family Zoning district. While the written narrative explaining what, is . allowed' in the Holding Zoning Page -2- Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-OO1-SE District is no longer in the City's Current Land Development Code, it is included with this report for everyone's benefit. For the above reasons it is difficult to state that the Adult Entertainment request would not be in violation of the residential distance requirements as the future uses of the Holding Properties can only be residential. The purpose or intent of this type of land use dictates that the entire block would be residential, and such development if occurring would result in residential development existing closer than 500 feet to an adult entertainment facility. C. The use will not have an adverse effect on the public interest. Because of this property's location, adverse effects on the public might occur if Blocks 34 and 35 were to be developed as residential areas. Although the establishment is not situated within an area commonly used for residential, educational, or governmental purposes, it is important for the City to recognize that negative impacts of this use may arise and the City, in cooperation with the applicant, must act to resolve those impacts immediately. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. As explained in response B above, the use at the proposed location while technically not in absolute violation of the existing distance requirement it is in proximity to land use that is residential on the Comprehensive Plan Future Land Use Map. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. It is difficult to determine property values but presumably adjacent land with residential future land use designations might not be encouraged to develop. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The use if approved can be required to be screened from surrounding uses. The applicant will be required to go before the Technical Review Committee for site plan approval prior to occupying the site. The TRC will determine the best screening options for the subject property. Page -3- ~,~<-.. . Staff Report Special Exception Request Applicant's Name: Steve Game Petition No. 07-OO1-SE G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Overburdening of schools and utilities will not be an issue for this development. Traffic impacts will be measured during the site plan review phase of development. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Prior to scheduling the hearing for the site plan review, the applicant will need to demonstrate that parking, traffic congestion, flooding and drainage will not be a significant problem for the site by the applicant. It is not clear through an informal submittal that parking will be sufficient. Comments and Recommendation: Move that Petition No. 07-001-SE be approved only if the proximity of land in a future land use category does not violate the distance requirements. If approved the Adult Entertainment Special Exception must meet fully all the requirements of Ordinance 743, and assuring that alcohol is not served, hours of operation are not during school hours and full compliance with City rules regarding parking, landscape, and building code safety requirements. It is also recommended, as a condition if the Special Exception is approved, that at least one off duty law enforcement officer employed by the Adult Entertainment Facility be present during hours of operation in order to assure that City Ordinance 743 is fully complied with. Finally, patrons and/or customers are prohibited from congregating outside the building. Submitted by: James G. LaRue, AlCP Planning Consultant January 7, 2007 Page -4-