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2007-08-16AGENDA I. CALL TO ORDER Chairperson. Planning Board /Board or Adjustment and Appeals, August 16, 2007, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Secretary. Chairperson William Ledferd Vice Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency Member Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook Planning Consultant Bill Brisson Secretary Betty Clement III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the July 19, 2007 regular meeting. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS AUGUST 16, 2007 SUMMARY OF BOARD ACTION Board Secretary Clement called the roll: Present Absent (with consent) Present Present Present Present Absent (with consent) Present (entered chambers 6:05 p.m.) Present (moved to voting position) Absent Present Present VOTE LEDFERD YEA HOOVER ABSENT KELLER YEA BURROUGHS YEA JOHNS ABSENT MAXWELL YEA MCCOY YEA O'CONNOR YEA MOTION CARRIED. PAGE 1 OF 4 ACTION DISCUSSION VOTE Chairperson Ledferd called to order the August 16, 2007 Planning Board /Board of Adjustment and Appeals at 6:00 P. M. Board Member O'Connor motioned to dispense with the reading and approve the Summary of Board Action for the July 19, 2007 Regular Meeting; seconded by Board Member Burroughs. 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 Special Exception No. 07- 007 -SE to allow a mechanical and repair service within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90- 283(7)) submitted by Sid Estrada on behalf of applicant, Bernardo Sandovol. The subject property is located at 108 Northwest 10' Avenue and is approximately 0.09 acres Planning Consultant, AUGUST 16, 2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 4 ACTION DISCUSSION VOTE Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Special Exception No. 07- 007 -SE to allow a mechanical and repair service within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90- 283(7)) submitted by Sid Estrada on behalf of applicant, Bernardo Sandovol, The subject property is located at 108 Northwest 10' Avenue and is approximately 0.09 acres. Mr. Brisson reported LaRue Planning Staff recommendation for approval for Special Exception No. 07- 007 -SE. This petition is not contrary to the Comprehensive Plan requirements. The use would not have an adverse effect on the public interest and is appropriate for the proposed location and is reasonably compatible with adjacent uses. The use is not detrimental to urbanizing land use patterns and will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 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 will not create a density pattern that will overburden public facilities such as schools, streets, and utility services, nor will it create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Board Member Maxwell inquired as to the derelict autos and general appearance of the site. He asked whether Code Enforcement had been or will be involved with cleaning up the site? Mr. Sandoval, property owner, addressed the Board. He stated he would do what is required by the City to operate his business. The process of obtaining a Business Tax License (Occupational License) was explained to Board Members. The City requires, upon application, that the business be inspected by the City Engineer, Building Official, Public Works Department as well as the Fire Chief for compliance with the current LDR's. All parking, landscaping, building and code issues are addressed at that time. Chair Ledferd asked whether there were further questions from any citizen or board member. There were none. Board Member Burroughs moved to approve Special Exception No. 07- 007 -SE to allow mechanical and repair services within a Heavy Commercial (CHV) Zoning District (ref. Sec. 90- 283(7)), with the stipulation that the applicant meet all LDR requirements on parking, landscaping and buffering through the process of obtaining a Business Tax License; seconded by Board Member McCoy. V. PUBLIC HEARING CONTINUED. QUASI- JUDICIAL A. Consider Special Exception No. 07- 007 -SE continued. CLOSE PUBLIC HEARING Chairperson IV. NEW BUSINESS Chairperson A. Consider and discuss request for amendment to the City's Land Development Regulations. 1. Consider recommendation to City Council to add a permitted use of site -built homes and requirements for LDR's Residential Mobile Home Zoning District (ref. Sec. 90 -1692 and Sec. 90 -165) Planning Consultant. LEDFERD -YEA BURROUGHS -YEA MCCOY -YEA AUGUST 16, 2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 4 ACTION DISCUSSION VOTE VOTE HOOVER ABSENT JOHNS ABSENT O'CONNOR YEA CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:29 P.M. KELLER YEA MAXWELL YEA MOTION CARRIED. Consider recommendation to City Council to add a permitted use of site -built homes and requirements for LDR's Residential Mobile Home Zoning District (ref. Sec. 90 -1692 and Sec. 90 -165). Mr. Brisson explained the request for the amendment that the Planning Board had previously recommended to City Council. City Council requested Mr. Brisson further expound on the previous recommendation due to the lot size and location. He presented two alternatives for the Board to examine. Alternative #1 would add Site -built or modular single family homes to the permitted uses with lot and structure requirements being 5,000 square feet for minimum lot area with set backs being 20 feet front, 10 feet side and rear and 50 percent maximum coverage and 50 percent impervious surface. Alternative #2 states Site -built or modular single family homes on lots in mobile home parks existing as of August 1, 2007. Date being the only significant difference in the two alternatives. Discussion ensued over specifics of allowing SF site -built homes in existing mobile home parks. Concerns were, there would someday be mobile home parks developed and SF site -built homes being constructed on small Tots creating small subdivisions. Mr. Brisson assured the Board that language and date reference in the LDR's would eliminate that possibility. Board Member Maxwell moved to recommend to City Council amending Section 90 -162 permitted uses, under the Residential Mobile Home Zoning, using alternative #2 as presented to the Planning Board by Mr Brisson with the additional change that sub section (8) read, site built or modular single family homes on developed lots in existing mobile home parks existing in the City as of August 1, 2007; seconded by Board Member Burroughs. IV. NEW BUSINESS CONTINUED. A. Consider and discuss request for amendment to the City's Land Development Regulations continued. 2. Consider recommendation to City Council to request LaRue Planning and Management to develop a commercial overlay to the Zoning and Comprehensive Future Land Use Map to establish boundaries for zoning Planning Board. V. ADJOURNMENT Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person wit 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. ATTEST: Betty J. Clement, Secretary William Ledferd, Chairperson AUGUST 16, 2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 4 OF 4 ACTION DISCUSSION VOTE LEDFERD -YEA BURROUGHS -YEA MCCOY -YEA LEDFERD -YEA BURROUGHS -YEA MCCOY -YEA VOTE HOOVER ABSENT JOHNS- ABSENT O'CONNOR YEA KELLER -YEA MAXWELL YEA MOTION CARRIED. Consider recommendation to City Council to request LaRue Planning and Management to develop a commercial overlay to the Zoning and Comprehensive Future Land Use Map to establish boundaries for zoning Board Member Burroughs motioned to recommend City Council request LaRue Planning and Development develop a commercial overlay for the Zoning and Future Land Use map; seconded by Board Member Maxwell. VOTE HOOVER ABSENT JOHNS ABSENT O'CONNOR YEA KELLER YEA MAXWELL YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:57 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 DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. cv Swotn to a fore me this PUBLIC HEARING NOTICE CITY PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS NOTICE: The Planning Board/Board of Adjustment and Ap- peals of the City of Okeechobee, Florida will meet on Thurs- day, August 16, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeecho- bee, Florida. The items of consideration at this meeting are: Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow mechanical and repair services within a Heavy Com- mercial Zoning District (ref. Code Book Sec. 90- 283(7)) sub mitted by Sid Estrada on behalf of property owner(s) Bemardo Sandoval. The subject property is located at 108 Northwest 10th Avenue. Legal description: Lots 12 and 13 of Block 163, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of, Okeechobee County and is approximately 0.9 acre(s). Petition No. 07- 007 -SE. Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Development Regulations (LDR's) and render a recom- mendation to the City Council for consideration and final adoption. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by calling Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the decision making body (quasi- judicial), on behalf of the City, to approve or deny Special Exceptions or Variance Applica- tion(s), The Planning Board will make recommendations to the City Council for consideration and final adoption of Com- prehensive Plan Amendments, Rezoning Applications and Land Development Regulations (LDR's) Amendments. PLEASE TAKE NOTICE AND BE ADVISED that if any person de- sires to appeal any decision made by the Planning Board/Board of Adjustments and Appeals with respect to any matter considered at this meeting, or hearing will need to en- sure a verbatim record of the proceedings is made, which record includes the testimony and evidence Opon which the appeal is to be based. Media are used for the sole purpose of back -up for the General Services Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863 763 -3372 x 218; if you are hearing or voice impaired, call TDD 1- 800 222 -3448 (voice) or 1- 888 447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator 227313 ON 07/30;08/10/07 d subscFt z Janetta Thihor„lt 9,k Expires January 10, 2010 OF Ft- Bonded Troy an Inlµuancle. Inc waxe54019 day of AD. 20 blic, State of Florida at Large TO: Bill Ledferd FROM: Betty DATE: August 16, 2007 SUBJECT: Attendance MESSAGE: MEMORANDUM GENERAL SERVICES DEPARTMENT Bill Received calls from Dawn Hoover, Carol Johns and Mike O'Connor. Dawn and Carol will be absent this evening due to open house for the schools. Mike will try to get to the meeting but was unsure of his attendance.. VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD HOOVER X BURROUGHS X KELLER k MAXWELL MCCOY u JOHNS X JURAREZ O'CONNOR RESULTS (CARRIED') DENIED 1CITY OF OKEECHOBEE AUGUST 16, 2007 PLANNING BOARD /BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER Chairperson: August 16, 2007, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. 11. 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 64;t Alternate Mike O'Connor'Ybb 1 nt Attorney John R. Cook Secretary Betty Clement Absent PAGE -1- X with consent III. MINUTES Secretary A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the July 19, 2007, regular meeting. Board Member moved to dispense with the reading and approve the Summary of Agency Action for the July 19, 2007 regular meeting; seconded by Board Member y Le L e 3 o b_fr 2 O c_ ?dek 1 Ciu-te_..- 71 05 (f) die C9)Aylk4 (1-Asi E(/ IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 10 00 P.M. QUASI- JUDICIAL DISCUSSION: PAGE -2- 1. Petition No. 07- 007 -SE Request Special Exception to allow mechanical and repair services within a Heavy Commercial Zoning District (ref. Sec. 90 -283 (7)) Location 108 Northwest 10` Avenue, Legal description: Lots 12 and 13 of Block 163, City, approx 0.9 acre(s). Applicant Sid Estrada on behalf of property owner Bernardo Sandoval. Staff Representation City Planning consultant LaRue Planning Staff Rec. Approval 41 41 A 1■ X11 _•i tiMillirM 1 40 t 0 l NUM M 111WOMIIMIIIIVIMAIIIIIIERIMINEA.Mr4; 'qv i 1, I r 1 1 E rn *o Y!w i 7 driwif 'ip;idr1! iw1-0-A4 (1121 bit -3307 L) 1 v Y VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MEMBER LEDFERD .?C HOOVER X BURROUGHS KELLER X MAXWELL MCCOY X �l JOHNS X JURAREZ X O'CONNOR RESULTS CARRIED I DENIED MOTION: Board Member P)} mechan'cal and repair services Member CLOSE PUBLIC HEARING Chairperson. VI. NEW BUSINESS Chairperson. Discussion moved t appro► H enial Special Exception No. 07- 007 -SE to allow thin a Heavy Commer ing District (ref. Sec. 90 -283 (7)); seconded by Board 1t e b i A. Consider and discuss requests for amendments to the City's Land Development Regulations Chairperson. 1. Consider recommendation to City Council to add a permitted use of site -built homes and requirements for LDR's Residential Mobile Home Zoning District, ref. Sec. 90 -162 and 90 -165 Planning Consultant. PAGE -3- 0 PAGE -4- VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MEMBER LEDFERD HOOVER X BURROUGHS KELLER MAXWELL MCCOY X JOHNS X JURAREZ O'CONNOR CARRIED) DENIED 7 RESULTS MOTION c$✓'- n -vt..q -°i q VII. ADJOURNMENT Chairperson. 1^ VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT P.M. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. J wed- e,G9--ymv crikDb Nctk- fr 11 0 CC b .(AA,„oi--7_Jc.7 6) .1\12--rt-- 4 ciLiut F0 i PAGE -5- a( Q 4 Cen 4 9 I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, August 16, 2007, 6:00 p.m. Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE Secretary. Chairperson William Ledferd Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook City Planner Jim LaRue General Services Secretary Betty Clement CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING AUGUST 16, 2007 OFFICIAL AGENDA III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the July 19, 2007, regular meeting. IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING Chairperson. PAGE 1 OF 2 V. PUBLIC HEARING QUASI- JUDICIAL 1. Petition No. Request Location Applicant Staff Representation LaRue Planning Staff Recommendation 07- 007 -SE Special Exception to allow mechanical and repair services within a Heavy Commercial Zoning District (ref. Sec. 90 -283 (7)) 108 Northwest 10 Avenue, Legal description: Lots 12 and 13 of Block 163, City, approx 0.9 acre(s). Sid Estrada on behalf of property owner Bernardo Sandoval. City Planning consultant Approval CLOSE PUBLIC HEARING Chairperson. VI. NEW BUSINESS Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations Chairperson. 1. Consider recommendation to City Council to add a permitted use of site -built homes and requirements for LDR's Residential Mobile Home Zoning District ref. Sec. 90 -162 and 90 -165 Planning Consultant. VII. ADJOURNMENT Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. AUGUST 16, 2007 PB /BOA AGENDA PAGE 2 OF 2 City of Okeechobee General Services Dtment 55 S.E. 3` Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 3372, ext. 218 Fax: (863) 763-1686 7) Fee Paid: r. 2 3c 6 0 Date: 1st Hearing: Publication Dates: Notices Mailed: Petition No. Jurisdiction:. f,;,,, 6 2nd Hearing: A P P L I C A N T Name of property owner(s): 2 5e d eMelie o pd Owner mailing address: /OR Ala) a` i /X 4/..'. e Apr✓ 59 7 7 Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Name of contact person (state relationship): .5/,0 Contact person daytime phone(s): 2 Jj /t? C.S Fax: v Property address directions to property: MS ,4/, 'A „fv )7 sl f%P Describe improvements on property, including number /type of dwellings and whether occupied (if none, so state): WO' A P� Indicate current use of property: r 'y p 0 P E R T Y Uniform Land Use Application Rezone Special Exception Variance Approximate number of acres: i 9 property in a planed subdivision? 11/7 is tht-rc- a .une�.0 sir rtccni E iE?at {)l;riir of iii ?n ordinance' It describe Have there been any and use appl cations concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: C( is a sale subject to this application being granted? fie; Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Ve Describe adjoining land uses improve 17a, South: i/s c ,a,ptt L9 t improvements to the North: East: -r< t Ae z`,d. West :0 Ffrx7` 5c/rt L-- Existing zoning: C 14 y Future Land Use classification: (_Co�n Actions Requested: Rezone 1,4pecial Exception Variance Parcel Identification Number: Confirmation of Information Accuracy I hereby certify that the information in this application is correct The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to S500.00 and imprisonment of up to 30 days and may result in the summary denial of this application /1606%vili✓ 7--/12 Si b ature Printed Name Date Si eye,--09,10s' Sg l� i Uniform Land Use Application (rev. i/03) Page 1 of 2 R E z 0 N Current zoning classification: Requested zoning classification What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? Variance? P E C I A X C E P T f) Describe the Special Exception sought: t y "lee.. Provide specific LDR ordinance citation: Are there other similar uses in the area? 1k so, describe: Jo Why would granting your re uest be in the best interest of the area and residents? ,l ia5 ,n4: ,z al-C6 II kui,inr�> h. 1r de tibr naiu�c in�lttdin� numhe nv l0v hours noise peneraticn and acnvitR. icy I oLl ;,lik• o huILl Uniform Land Use Application (rev 1!031 Page 2 of 2 Describe Variance sought: V A R 1 A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? R E z 0 N Current zoning classification: Requested zoning classification What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? Variance? P E C I A X C E P T f) Describe the Special Exception sought: t y "lee.. Provide specific LDR ordinance citation: Are there other similar uses in the area? 1k so, describe: Jo Why would granting your re uest be in the best interest of the area and residents? ,l ia5 ,n4: ,z al-C6 II kui,inr�> h. 1r de tibr naiu�c in�lttdin� numhe nv l0v hours noise peneraticn and acnvitR. icy I oLl ;,lik• o huILl Uniform Land Use Application (rev 1!031 Page 2 of 2 BOUNDARY SURVEY PREPARED FOR BERNARDO SANDOVAL 1 If P/Crs OHV SANITARY MANHOLE FOUND PK NAIL DISK "5407" SANITARY MANHOLE DHV II I I ur5 1 1 II. II lI I N 11 DRIVE II 4) OHV 1 N W. CORNER OF BLOCK /6J FOURS MAC NAIL l /L ✓f±r 0/SK "WHAM 5176" IN CONCRETE ABANDONED 5 L N 89'54'05" E 700. 02 (C) 100.0 0(P) 5 EDGE OF ASPHAL LOT 14 Bu /LWJC CORNER 010' S OF LOT LINE STORY o METAL 85/10/NC 26.6' CONCRETE LOT 13 BLOCK 163 ssr 5/e" IRON ROO p' CAP "KAB L5 4650" 2' OFFSET NORTH N.W. 2ND STREET ASPHAL T R0A0) 10 R/w CC 5 SC! 5 /B" IRON ROO d• <6 L5 4670" 6�I�(O CORNER 0 05 5 O/" krr (/Nf TOTAL PAR CEL CONTAINS s`0, 33 ACRES II C(>/.'CRf'F I 5i. 5' —h r 1.OT 12 8) OCK 163 MPP CON 0 8718 O I' N. Jf FF H 5' 895527 v W 100.0Y7C) 1 00.00(P) a. FENCE CORNER SF! 5/9 "IRON ROO a J' E CA0 'rnB L 5 4620" a 0 0Fr5Cr 4EST Lor 55 CONCRETE 71, 0 a II EDGE OF ASPHALT FENCE CORNER 02' w. (BEARING BASE) N 89405' 57(215(4/) 572O0(p) CONCRETE ON LOT LINE CON05(7£ 01' N. 07' W. V /55/ 8 FENCE CORNER 0.5'8 as' E FENCE CORNER 05' S 06' A: LOT r6 DESCR /PT/ON,' LOTS 12 AND 14 BLOCK 164 OKEECHOBEE, ACCORDING TO 7HE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. G`Jt CO G°A 1 1 5 I so SCALP IN FELT MAP SCALE; 1 INCH 30 FEET PROJECT SPECIFIC NOTES.. 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) SITE ADDRESS' 108 N. W, 1077-i AVENUE. 3) PARCEL /D: 3- 15- 37 -35- 0010 01630 -0120, 4) F,GR,M. ZONE,' ZONE UNDETERMINED, PARCEL L /ES WITH /N THE OKEECHOBEE CITY L/M /TS 5) TH /S SURVEY /S NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE SURVEY DEPICTED HERE /3 NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD /77ONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES /S PROHIB ITED WITHOUT WR ITTEN CONSENT OF 7HE SIGNING PARTY OR PAR77E3 7) DATE OF LAST FIELD SURVEY,' 6/29/07, N.E. CORNER OF 80088/ 752 FOUND PK NAIL DISK 71001£R 4276' 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 estoblished by the Florida Board of Surveyors and Ma •ursuant to Section 472,027, Florida Statutes, PREPARED FOR THE EXCLUSIVE USE OF: Mappers (Chapter 61G77 -8, F.A.C.) BERNARDO SANDOVAL DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE BEARING REFERENCE: THE S. R W OF N.W. 2ND ST. IS TAKEN TO BEAR N 89'54'05" E DESCRIPTION BOUNDARY SURVEY FB /PG: 215/18 -21 FILE: 21323 DWG. DATE SCALE: .1" >m 30' 07/05/07 JOB NO: 21323 TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (883) 783 2887 Kenneth A. Breaux, Jr, (PSM 4820) Certificate of Authorization No LB 6719 LEGEND 0 —Set Iron Rod and Cap TWPS 6719 0—Found CM 0—Found Iron Rod (and Cap) O Found Pipe (and Cap) ABBREVIATIONS Q =Baeellne; BM =Benchmark; ,o.Centerline; C =Calculated; CAN =Coble TV; CM. Concrete Monument; CONC- Concrete; 0 -Deed; 0■Delta or Central Angle; E -Eoet; E'LY.Easterly; E/P.Edge of Pavement; ESMT.Eaaement; F.I.R.M..Flood Ineuronce Rate Mop; FND =Fo 5d; tP eror, Pipe; IR (ond Rod and ID Cop); L =(Arc) Length; Mi-Meaeured; MH= North; N'LY•NortherlY NC D Vortical (Datum) of 1929; NTS -N0t to Scale; 0HW V() National Properly Line P -Plat; PC =Point of Curvoture; PCC =Point of Compound�Curvatture; PCP.. Permanent Control Point; POB�Point of Beginning; POC -Point of Commencement; PRC -Point of. Reverse Curvature; PRM.psrmonent Refereno• Monument; PT'Polnt of Tongencr, PU&D.Publlc Utllllty and Drainage; R =Rodlue; R /W■Rlgt,t -of -Way, S- South; 5 LY.Southerly, T =Tangen_ �TEL•Teiephone Splice or Switch Box; 1 1 1 /..West; WLY UTIL- Utllily(lee); Y =5pol Elevation based on Indlcoted Datum, Parcel Identification No: 3- 15- 37 -35- 0010- 01630 -0120 This Instrument Prepared By and Return to: Lake Okeechobee Title Inc 210 NW Park Street Suite 201 Okeechobee, F1 34972 This Quitclaim Deed, made this 19th day of December, 2006, between Serafin Leyva, A single man whose address is 108 N. W. 10th Avenue, Okeechobee, FL 34974, Grantor, and Bernardo Sandoval, A married man whose address is 1740 NW 43rd Avenue, Okeechobee, FL 34972, Grantee. Witnesseth, that the Grantor, for and in consideration of the sum of TEN NO /100 ($10.00) DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee' heirs and assigns forever, the following described land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to- wit: Lots 12 and 13 Block 163, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. This is not the Homestead of the Grantor. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. In Witness Whereof, the Grantor has hereunto set he hand and seal the day and year first above written. Signed, sealed and delivered in our presence: mess #1 Signature S c, �r z D E> s t Witness #1 P inted.Name Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this personally known to me or who has produced .1 tz SEAL My Commission Expires: QUITCLAIM DEED Notary Public, State of Florida l John E. Burdeshaw d+ My Commission D 0 4 4 5 4 4 4 Expires 09/25/200 rz/t F(/4J Serafin Leyva 108 N. W. 10th Avenue, Okeechobee, FL 34974 19th day of December, 2006, by ��sus aside Notary Signature I l Printed Notary Signature 1111111 111111111111111111111111E11111111111111111111111 FILE NUN 2007000913 Y OR BK 00621 PG 0725 SHARON ROBERTSON? CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 01/19/2007 11:50:51 AM RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY M Pi non P'9 0725; (ins) Serafin Leyva who is ntification. LARUE PLANNING MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239- 334 -3366 FAX: 239 334 -6384 DATE: August 8, 2007 TO: Planning Board /LPA FROM: Bill Brisson RE: Proposed changes to the LDC MEMORANDUM At last night's meeting, the City Council considered Mr. Ronald Celli's request to rezone his property in a mobile home park from RMH to RSF -1 (07- 010 -R). At the same time the Council also considered the Planning Board's recommendation to allow site -built single family homes in the RMH zoning district. The Council denied the rezoning request and has referred the issue back to the Planning Board for its consideration of an alternative approach. Specifically, the Council would like your thoughts on allowing single family site -built homes in the RMH district subject to the same minimum lot size, setbacks, etc. applicable to mobile homes rather than meeting RSF -1 standards. The rationale behind this alternative is that it would permit the replacement of a mobile home that was destroyed in a storm or other disaster with a site built home on the same lot, thus encouraging the upgrading to conventional housing that can better withstand the effects of severe storms. While construction of a site -built home would not be limited only to instances where a mobile home is destroyed, it would be limited only to lots in existing parks in the RMH district. Following are examples of the two approaches. The only significant difference between the two is the minimum lot size. The first is our proposal based on the Planning Board's original recommendation to allow site -built homes in the RMH district provided they meet the requirements of the RSF1 district. If this should be the Planning Board's preferred approach, we have suggested a 20 -foot front yard setback for site built homes rather than the 25 feet required in the RSF1 district. This is to maintain conformity of setbacks in the RMH district. We also do not see a need to have different coverage and impervious surface requirements for a site -built home. The second approach allows single family site -built homes in the RMH district on a 50 -foot wide, 5,000 square foot lot, the minimum now required for mobile homes. We look forward to discussing the issue with you at your meeting on August 16 1 (1) (2) (3) (4) (5) (6) (7) (8) ALTERNATIVE #1 Sec. 90 -162. Permitted uses. The following principal uses and structures in the RMH district are permitted: Mobile home subdivision, with one mobile home per lot. Mobile home park, with one mobile home per lot. Hurricane shelter. Public and private schools. House of worship, on a lot of at least five acres. Open space. Public facility or use. Site -built or modular single family homes. Sec. 90 -165. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. 2 a. Mobile home park: Area 10 acres b. Mobile home subdivision: Area 10 acres c. Recreation vehicle park: Area 10 acres (2) Minimum lot area. a. Mobile home and single family Area 5,000 square feet home: b. Other permitted principal uses: Area 10,000 square feet Width 100 feet (3) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: a. District yard minimum: 20 feet on all property boundaries b. Mobile home and single- family Front Side Rear 20 feet 10 feet 10 feet home: c. Other permitted principal uses: Front Side Rear 25 feet 20 feet 20 feet (4) Maximum lot coverage by all buildings. Maximum Coverage Maximum Impervious Surface a. Mobile home, recreation vehicle and single- family home: 50 percent 50 percent b. Other permitted principal uses: 30 percent 50 percent (5) Maximum height of structures. Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. (1) (2) (3) (4) (5) (6) (7) (8) ALTERNATIVE #1 Sec. 90 -162. Permitted uses. The following principal uses and structures in the RMH district are permitted: Mobile home subdivision, with one mobile home per lot. Mobile home park, with one mobile home per lot. Hurricane shelter. Public and private schools. House of worship, on a lot of at least five acres. Open space. Public facility or use. Site -built or modular single family homes. Sec. 90 -165. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) Minimum area. 2 ALTERNATIVE #2 Sec. 90 -162. Permitted uses. The following principal uses and structures in the RMH district are permitted: (1) Mobile home subdivision, with one mobile home per lot. (2) Mobile home park, with one mobile home per lot. (3) Hurricane shelter. (4) Public and private schools. (5) House of worship, on a lot of at least five acres. (6) Open space. (7) Public facility or use. (8) Site -built or modular single- family homes on lots in mobile home parks existing as of August 1, 2007. Sec. 90 165. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the RMH district shall be as follows: (1) (2) (3) (4) (5) Minimum area. a. b. c. Minimum lot area. a. b. Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks in the RMH district shall be as follows: a. District yard minimum: b. c. a. b. Mobile home park: Mobile home subdivision: Recreation vehicle park: Mobile home and single- family home: Other permitted principal uses: Mobile home and single family home: Other permitted principal uses: Mobile home, recreation vehicle and single- family home: Other permitted principal uses: Maximum height of structures. Area Area Area Area Area Width 20 feet on all property boundaries Front Side Rear Front Side Rear Maximum lot coverage by all buildings. Maximum Coverage 50 percent 30 percent 10 acres 10 acres 10 acres 5,000 square feet 10,000 square feet 100 feet 20 feet 10 feet 10 feet 25 feet 20 feet 20 feet Maximum Impervious Surface 50 percent 50 percent Except where further restricted by these regulations for a particular use, the maximum height shall be as follows: All uses shall be 30 feet. 3 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Manaement Services, Inc. Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Bernardo Sandoval Petition No.: 07- 007 -SE Staff Report Special Exception Request Owner: Contact Person Owner Address: Owner Phone Number: Applicant's Name: Bernardo Sandoval Petition No. 07- 007 -SE General Information: Bernardo Sandoval Sid Estrada 108 NW 10 Avenue Okeechobee, FL 34972 863- 610 -0515, Fax: 863- 763 -5843 Legal Description of Subject Property: Lots 12 and 13 Block 163, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CHV Zoning District for property located at 108 NW 10 Avenue, Okeechobee, Florida. Background: The subject property is approximately 0.327 acre(s) fronting on NW 10 Avenue. The existing automotive repair shop was constructed and began operation in 1973, prior to the require- ment for a special exception. The owner would like to sell the property but needs the Board of Adjustment's approval as a special exception to con- tinue operating under new ownership. The site is served provided public water and sewer service through OUA. Zoning and uses of adjoining properties are as follows: Zoning Use North: RMF Duplex East: RMF Single- family South: CHV Single- family West: RMF Private school The owner of the property immediately to the south has submitted a site plan to accom- modate operation of a retail nursery on the site in addition to the existing single family residential use. Page -1- Staff Report Special Exception Request Applicant's Name: Bernardo Sandoval Petition No. 07- 007 -SE 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. No, the use is not contrary to the Comprehensive Plan requirements. The subject property is designated as Commercial on the Future Land Use Map. Policy 2.1(d) of the Future Land Use element allows office, retail, automotive wholesale, and related commercial activities as permitted uses within the Commercial Future Land. In addition, this policy states that commercial developments shall not exceed a floor area ratio of 3.00 and that the maximum impervious surface shall not exceed 85% of the site. The existing does not exceed these limitations. B. The use is specifically authorized as a special exception use in the zoning district. Yes, Section 90- 283(7) allows mechanical and repair services as a special exception use in the CHV Zoning District. C. The use will not have an adverse effect on the public interest. No, this use has been in existence for a number of years without complaints or evidence of significant adverse effect on the public interest. It would be reasonable to assume that operation under a new owner will continue in this manner. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Yes, experience has shown the location of the use to be appropriate and reasonably compatible with adjacent uses. The existing use has been in operation for many years and is not detrimental to urbanizing land use patterns. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Experience over the years has shown that the use will not adversely affect property values or living conditions nor be a deterrent to the development of adjacent property. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Yes, because of the intensity of this use it may be required to be screened from the surrounding uses which are predominantly residential in nature,. Staff Report Applicant's Name: Bernardo Sandoval Special Exception Request Move that Petition No. 07- 007 -SE be approved based on the findings above. Submitted by: James G. LaRue, AICP Planning Consultant August 8, 2007 Petition No. 07 007 SE G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No, density is not an issue for this petition. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, traffic congestion, flooding or drainage problems have not been a problem for the site in the past. Recommendation: Staff Report Applicant's Name: Bernardo Sandoval Petition No. 07-007-SE Special Exception Request N,W, 3 RC> STREET tu r-44-4.144.44:444.4444-4444 4„ 7 _,442, 4 -4-445 21 4 4 7 e 4 1 3 1 5 4 Zr Subject Property i 1 C g z 1 ---...-1 ----1,—,-,..,,I.„..,—,„,j z N.W. 2ND STREET City Zoning Map 15 1 t 21 STATE ROAD 73 N V4' PARK STREET ZONING Page -4-