2020-06-16 Ex 04
Ordinance No. 1213 Page 1 of 2
ORDINANCE NO. 1213
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY
REZONING CERTAIN TRACT S OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM RESIDENTIAL MULT IPLE -FAMILY TO
INDUSTRIAL ZONING DISTRICT (PETITION NO. 20-001 -R); AMENDING
THE ZONING MAP ACCO RDINGLY; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVID ING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council for the City of Okeechobee, Florida has adopted Ordinance No.
402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, Loumax Development Inc., on behalf of the property owner Nemec Children’s
Trust, has heretofore filed Petition No. 20-001-R, pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning certain tracts of land
consisting of approximately 2.87 acres from Residential Multiple-Family to Industrial;
and
WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined,
based on initial findings and review provided by the Applicant, that such Petition is
inconsistent with the Comprehensive Plan; and
WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised
Public Hearing initially held on February 20, 2020, and at the request of the Applicant,
deferred to March 19, 2020, deferred to April 16, 2020, and deferred to May 21, 2020,
determined that such Petition is inconsistent with the Comprehensive Plan; and
WHEREAS, the City Council disagreed with the recommendation of the Planning Board and
hereby finds such Petition No. 20-001-R to be consistent with the City's Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid
revised Zoning Map as hereinafter set forth.
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City; that:
SECTION 1: LEGAL DESCRIPTION.
The following described land consisting of approximately 2.87 acres, as the subject
property, located in the City of Okeechobee, to-wit:
ALL OF BLOCKS 190 AND 191, OKEECHOBEE, PLAT BOOK 5, PAGE 5 PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA; together with
A PORTION OF THE FLORIDA EAST COAST RAILWAY COMPANY RIGHT-OF-WAY,
SINCE ABANDONED, AND OF NORTH CURVE STREET, SINCE ABANDONED, AS SHOWN
ON PLAT OF FIRST ADDITION TO OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT
BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6TH STREET
WITH THE WEST RIGHT-OF-WAY OF SOUTHWEST 7TH AVENUE; THENCE NORTH
00°08'53" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID SOUTHWEST 7TH
AVENUE, A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
89°49'42" WEST, A DISTANCE OF 199.99 FEET TO THE INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE WEST LINE OF BLOCK 251 OF SAID PLAT OF FIRST
ADDITION TO OKEECHOBEE; THENCE NORTH 00°08'48" WEST ALONG SAID
NORTHERLY EXTENSION, A DISTANCE OF 693.57 FEET TO THE INTERSECTION WITH
THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 4TH
STREET; THENCE NORTH 89°47'29" EAST ALONG SAID WESTERLY EXTENSION, A
DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SOUTHWEST 4TH
STREET; THENCE SOUTH 00°08'48" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF
SOUTHWEST 4TH STREET, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER
OF LOT 1, BLOCK 190, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE
Ordinance No. 1213 Page 2 of 2
COUNTY, FLORIDA, SAID POINT BEING A POINT OF CURVATURE OF A CURVE TO THE
LEFT AND HAVING FOR ITS ELEMENTS, A CENTRAL ANGLE OF 27°36'08 AND A RADIUS
OF 1230.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 592.55 FEET TO THE SOUTHEAST CORNER OF BLOCK 191 OF SAID PLAT OF
OKEECHOBEE; THENCE SOUTH 00°08'53" EAST ALONG THE WEST RIGHT-OF-WAY
LINE OF SAID SOUTHWEST 7TH AVENUE, A DISTANCE OF 23.65 FEET TO THE POINT
OF BEGINNING.
SECTION 2: ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect
the subject property to be changed from Residential Multiple-Family to Industrial.
SECTION 3: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4: SEVERABILITY.
If any provision or portion of this Ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions
and portions of this ordinance shall remain in full force and effect.
SECTION 5: EFFECTIVE DATE.
This Ordinance shall become effective thirty-one (31) days after its adoption if the
associated Comprehensive Plan Amendment (20-002-SSA) is adopted and not timely
challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become
effective on the date the State Land Planning Agency or the Administration Commission
enters a final order determining the Comprehensive Plan Amendment to be in
compliance.
INTRODUCED for First Reading and set for Final Public Hearing on this 16th day of June,
2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of July, 2020.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Exhibit 2 May 21, 2020
Staff Report
Rezoning Request
Prepared for: The City of Okeechobee
Applicant: Neal Markus
Loumax Development Inc
Address: 500-600 Block of SW 7th Avenue
Petition No.: 20-001-R
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
1
General Information
Applicant
Owner
Neal Markus, Loumax Development Inc
Ruth G. Spradley & Gale B. Nemec
Applicant Address PO Box 5501, Fort Lauderdale, FL 33310
Applicant Email Address njmarkus@gmail.com
Site Address 500-600 Block of SW 7th Avenue
Parcel Identification
3-15-37-35-0010-01910-0010
3-15-37-35-0010-01900-0010
3-21-37-35-0020-02510-0130
Contact Person Steven L. Dobbs
Contact Phone Number 863.824.7644
Contact Email Address sdobbs@stevedobbsengineering.com
Request
The matter before the Local Planning Agency and City Council is an application to rezone three
vacant parcels of land totaling 2.87 acres from Residential Multiple Family to Industrial. The
properties are bounded by SW 7th Ave on the east side, SW 6th Street on the south side and the
Applicants existing industrial facility to the north. The Applicant has stated that the reason for
these requests is expansion of existing industrial operations. According to the Applicant’s
representative, the current operations include manufacturing of compressed air canisters.
The subject property is designated Single Family and Multi-Family Residential on the Future Land
Use Map. The Applicant has submitted a concurrent request for a small scale future land use map
amendment to change the designation of these same parcels to Industrial on the City’s Future
Land Use Map.
The current and proposed Future Land Use designations, zoning, existing use, and acreage of
the subject property and surrounding properties are shown in the following tables and on the
maps.
Future Land Use, Zoning and Existing Use
Existing Proposed
Future Land Use Single Family and Multi-Family
Residential Industrial
Zoning Residential Multiple Family Industrial
Use of Property Vacant Industrial
Acreage 2.87 acres 2.87acres
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
2
Future Land Use, Zoning, and Existing Uses on Surrounding Properties
North
Future Land Use Industrial
Zoning Industrial
Existing Use Loumax Development
East
Future Land Use Single Family Residential
Zoning Residential Multiple Family
Existing Use Single Family Home and Vacant
South
Future Land Use Multi-Family Residential
Zoning Residential Multiple Family
Existing Use Childcare Facility
West
Future Land Use Multi-Family Residential
Zoning Residential Multiple Family
Existing Use Vacant and
Pending Residential Apartment Complex
Analysis
Section 70-340 of the Land Development Regulations requires that the reviewing body find that
an application for rezoning meets each of the following conditions. The Applicant has provided
brief comments to each of the required findings. These are repeated below in Times Roman
typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos,
grammar, or clarify the Applicant’s comments. Staff comments are shown in this Arial typeface.
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
Applicant Comment: “The proposed request in not contrary to the Comprehensive plan
requirements and is currently zoned Residential Multiple Family and the surrounding properties
are zoned industrial, single family and multi-family.”
Staff Comment: The property to the north of these parcels is industrial but the remainder of
the surrounding properties hold residential designations on the City’s Future Land Use Map
and the City’s Zoning Map. While much of the directly adjacent land is vacant, there exists
one single family residence and a preschool across SW 7th Ave from these parcels. Other
single family residences exist nearby and a new multi-family apartment project has been
approved nearby as well.
The Applicant currently owns and operates a 1.6 acre industrial site to the north of these
subject parcels, which is one of only a few industrial properties south of Park Street in the
City. We are not recommending approval of the Applicant’s requested Future land use
amendment because expansion of the Industrial Future Land Use in this area would be out of
character with the predominantly residential nature of the surrounding neighborhood and is
therefore inconsistent with the existing pattern of development and Future Land Use Objective
12 of the City’s Comprehensive Plan. Additionally, if the City Council does not approve the
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
3
Applicant’s concurrent small scale future land use map amendment, then this rezoning
request cannot be approved either.
2. The proposed use being applied for is specifically authorized under the zoning district in the
Land Development Regulations.”
Applicant Comment: “The proposed of expanding of Industrial projects on Industrially zoned
land is specifically authorized under the proposed zoning district in the Land Development
Regulations.”
Staff Comment: Manufacturing of non-explosive products is a permitted use in the Industrial
zoning district.
3. The proposed use will not have an adverse effect on the public interest.
Applicant Comment: “The proposed land use change should have a positive impact on the
public interest to develop land that has access to all utilities and roads and bring the land value
up as a developed parcel instead of undeveloped.”
Staff Comment: Expansion of the Applicant’s existing operations could have positive impacts
on the public interest by bringing additional jobs to the community and increasing the tax base
of the City. However, allowing the expansion of industrial zoning and industrial uses could
have an adverse impact in this predominantly residential neighborhood and could have an
adverse impact on investment in residential development in this area.
4. The proposed 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.
Applicant Comment: “The proposed use is appropriate for the location and compatible with
the adjacent land uses.”
Staff Comment: If this rezoning request is approved, it would allow for expansion of industrial
uses farther into an area that is predominantly residential. Industrial is typically one of the
least compatible land uses to residential. In addition to the use the specific manufacturing use
that the applicant is proposing at this location, it is important to consider the other uses that
would be permitted according to the Industrial zoning district regulations including:
• Manufacturing, processing, except those which produce explosives
• Mechanical and repair services
• Bulk storage of nonhazardous material.
• Outdoor sales and storage, building contractor
• Wholesale sales and distribution
• Enclosed warehouse and storage
• Commercial laundry, dry cleaner
• Auto service station, car wash
• Radio, television or cable reception, transmission or operational facilities.
• Public utility.
• Public facility
• Water treatment services, (including storage of chemicals for use and/or retail sale)
• Pest control (including storage of chemicals for use and/or retail sale)
• Medical marijuana dispensary
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
4
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.
Applicant Comment: “The proposed use should positively impact property values, living
conditions and be an improvement to the adjacent property and develop previously
undeveloped land.”
Staff Comment: There are currently several vacant residentially zoned properties adjacent
to the subject parcels. Approval of this rezoning request could affect the likeliness of those
properties to be developed and could thereby affect the value of those properties. Additional
heavy truck traffic in this neighborhood could also affect the living conditions of the nearby
residents.
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.
Applicant Comment: “The proposed use can be suitably buffered from surrounding unlike uses
to the south and west. The parcel is bounded to the east by SW 7th Avenue. To the north is the
applicant’s Industrial Property.”
Staff Comment: Depending on the specific activities involved, buffering can be used to
alleviate some of the potential impacts of industrial uses. However, buffering will not reduce
the impacts of increased heavy truck traffic in this predominantly residential neighborhood.
7. The proposed use will not create a density pattern that would overburden public facilities
such as schools, streets, and utility services.
Applicant Comment: “The use will not create density patterns that would overburden any
public facilities. The potential development impacts will be within the already available
amenities.”
Staff Comment: Potential demand for schools and recreation facilities would be reduced if
this rezoning is approved. Potential demand for water, sewer and solid waste is likely to
increase. Additional vehicle trips are also projected. However, approval of this request is not
likely to create a density pattern that will overburden facilities.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
Applicant Comment: “The proposed use will not impact traffic congestion as this is already
a heavily traveled street with adequate capacity for the additional traffic. To the east there
is a major ditch to the east where the parcel will drain into SW 7th Avenue ditch, a major
collector in the City that discharges directly into the Rim Canal adjacent to Lake
Okeechobee. This project will not adversely affect public safety.”
Staff Comment: There is no reason to doubt the Applicant’s comments on this finding.
Drainage issues would be considered at time of site plan review.
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
5
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
Applicant Comment: “The proposed use has not been inordinately burdened by unnecessary
restrictions.”
Staff Comment: The proposed use has not been inordinately burdened by unnecessary
restrictions.
Recommendation
Based on the foregoing analysis, we find the requested rezoning to Industrial to be inconsistent
with the City’s Comprehensive Plan. We have reservations regarding the compatibility with
adjacent uses and do not find it consistent with the urbanizing pattern of the area. Therefore, we
cannot recommend approval of the Applicant’s rezoning request.
Additionally, we have not recommended approval of the Applicant’s concurrent request for a
future land use map amendment of these parcels. If the Council does not approve that request,
then this rezoning request cannot be approved either.
Submitted by:
Ben Smith, AICP
Sr. Planner
February 11, 2020
Planning Board Public Hearing: February 20, 2020
City Council Public Hearing: (tentative) March 17, 2020
Attachments: Future Land Use, Subject Site & Environs
Zoning, Subject Site & Environs
Aerial, Subject Site & Environs
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
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FUTURE LAND USE
SUBJECT SITE AND ENVIRONS
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
7
ZONING
SUBJECT SITE AND ENVIRONS
Staff Report Applicant: Neal Markus, Loumax Development
Rezoning Petition No. 20-001-R
8
AERIAL
SUBJECT SITE AND ENVIRONS