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2020-06-16 Ex 05 Ordinance No. 1214 Page 1 of 2 ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULT IPLE -FAMILY TO CENTRAL BUSINESS DISTRICT (PETITION NO. 20-002-R); AMENDING THE ZONING MAP ACCO RDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVID ING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Best Value Real Estate, LLC has heretofore filed Petition No. 20-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 0.50 acres from Residential Multiple-Family to Central Business District; 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 consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 21, 2020, determined that such Petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Plan ning Board and hereby finds such Petition No. 20-002-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 0.50 acres, as the subject property, located in the City of Okeechobee, to-wit: CITY OF OKEECHOBEE BEGINNING AT THE NORTHEAST CORNER OF LOT 2, BLOCK 171, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTH ALONG THE EAST LINE OF LOT 2, AFORESAID A DISTANCE OF 142.50-FEET; THENCE WEST PARALLEL TO SOUTH PARK STREET TO THE INTERSECTION OF THE WEST LINE OF LOT 3, BLOCK 171 EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED WEST LINE A DISTANCE OF 142.50-FEET TO THE SOUTH BOUNDARY OF SOUTH PARK STREET; THENCE EAST ALONG THE SOUTH BOUNDARY OF SOUTH PARK STREET TO THE POINT OF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS: LOTS 2 AND 3, BLOCK 171, TOWN OF OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO THAT PART OF NORTH CURVE STREET AND PART OF THE FORMER BUT NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY AS SHOWN ON PLAT OF FIRST ADDITION TO TOWN OF OKEECHOBEE, RECORDED IN PLAT BOOK 3, PAGE 26, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FL, LYING SOUTH OF AND ADJACENT TO SAID LOTS 2 AND 3, BLOCK 171, TOWN OF OKEECHOBEE AFORESAID; together with LOT 4, BLOCK 171, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO THAT PART OF NORTH CURVE STREET AS SHOWN ON PLAT OF FIRST ADDITION TO TOWN OF OKEECHOBEE, RECORDED IN PLAT BOOK 3, PAGE 26, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING SOUTH OF AND ADJACENT TO SAID LOT 4, BLOCK 171, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF Ordinance No. 1214 Page 2 of 2 OKEECHOBEE COUNTY, FLORIDA, AND LYING NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE NORTHEAST CORNER OF LOT 2 OF SAID BLOCK 171; THENCE SOUTH 00°01'50" WEST, A DISTANCE OF 142.50-FEET; THENCE SOUTH 90°00'00" WEST, A DISTANCE OF 100.00-FEET TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 4 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 90°00'00" WEST, A DISTANCE OF 34.64-FEET TO THE POINT OF TERMINUS. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed from Residential Multiple-Family to Central Business District. 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 immediately upon adoption. 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 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 3497 4-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date: i /c')\ 0 Fee Paid: 1 Name of property owner(s): Best Value Real Estate LLC Petition No. Jurisdiction: 2° Hearing: 2 Owner mailing address: 407 Saint Andrews Dr Belleair, FL 33756-1935 3 4 5 6 7 8 Name of applicant( s) if other than owner Dillon Moore Applicant mailing address:407 Saint Andrews Dr Belleair, FL 3375 6-1 935 E-mail address: dmoore@bestvaluehealthcare.com Name of contact person (state relationship): Dillon Moore, Chief Financial Officer Contact person daytime phone(s ): 251 -802-9996 .... ·�-,�!:t�JL�2���tr��,�g§·¥�ris�¼:�r:J Property address/directions to property: 204 SE Park St 'f 5 E. Okeechobee, FL 34 972 Describe current use of property: Medical Office 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. 1 Office/Medical Office, O dwelling units, Currently in-use, non-vaccant Source of potable water:City Method of sewage disposal: City 10 Approx. acreage: 0.5 ✓ Is property in a platted subdivision? Yes, City of Okeechobee Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 No 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North : City Road/City Office/Public Right of Way South: Assisted Living Facility East: Office Building West: City Road/Retail Stores 14 Existing zoning: Residential Multi-Family Future Land Use classification: Commercial 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_x_)No (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (_x_) Rezone (_) Special Exception (_) Variance 17 Parcel Identification Number: Parcel 1: 3-15-37-35-0010-01710-0020 (Practice) Parcel 2: 3-15-37-35-0010-01710-0040 (Adjoining vacant lot) (Rev 2/2019) Page I of! I Exhibit 3 May 21, 2020 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Dillon Moore, CFO Best Value Healthcare Address: 204 SE Park Street Petition No.: 20-002-R Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 1 General Information Applicant Owner Dillon Moore, CFO Best Value Real Estate LLC Applicant Address 407 Saint Andrews Drive Belleair FL 33756 Applicant Email Address dmoore@bestvaluehealthcare.com Site Address 204 SE Park Street Parcel Identification 3-15-37-35-0010-01710-0020 (Practice) 3-15-37-35-0010-01710-0040 (Adjoining vacant lot) Contact Person Dillon Moore, Chief Financial Officer Contact Phone Number 251.802.9996 Contact Email Address dmoore@bestvaluehealthcare.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City’s website prior to the advertised public meeting at https://www.cityofokeechobee.com/agendas.html. Request The matter before the Local Planning Agency and City Council is an application to rezone a 0.5 acre parcel located at 204 SE Park Street consisting of a medical office and the adjacent vacant property. The Applicant is requesting to rezone from Residential Multiple Family to Central Business District, to continue operations of a medical practice. The subject property is designated Commercial on the Future Land Use Map. The Applicant/Owner Best Value Healthcare and Best Value Real Estate purchased the medical practice and land from Stanley Sweda, MD in July/August 2019 as Dr. Sweda was permanently retiring from practicing medicine. They currently employ approximately 10 people at the practice and have plans to continue successful operations in the long term. Dr. Sweda had been operating a medical practice on the premises for at least 30 years (date of incorporation 10/23/1987) prior to purchase by Best Value. 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. Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 2 Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Commercial Commercial Zoning Residential Multi-Family Central Business District Use of Property Medical Office Medical Office Acreage 0.5 acre 0.5 acre Future Land Use, Zoning, and Existing Uses on Surrounding Properties North Future Land Use Public Facilities Zoning Public Facilities Existing Use Park East Future Land Use Commercial Zoning Central Business District Existing Use Business (Visiting Nurse Association) South Future Land Use Commercial Zoning Commercial Professional Office Existing Use Assisted Living Facility West Future Land Use Commercial Zoning Central Business District and Light Commercial Existing Use Business (Retail Strip Center) 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: “This proposal is not contrary to Comprehensive Plan requirements and is being made to bring the property into compliance with the City's future land use designation and is consistent with the property's current use for the last 30+ years. The property is zoned residential multi-family while it has been used as a medical office for the last 30+ years. The intent is to continue to use the property as a medical office. No changes to the property's use are expected.” Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 3 Staff Comment: The current zoning of residential multifamily is not appropriate for the commercial future land use designation. However, policy 2.1(d) of the future land use (FLU) element specifically lists the CBD zoning district as appropriate in the commercial future land use category. FLU Policy 2.2 states that the City will continue to protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Additionally, FLU 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. For the reasons stated in the comments below, we agree that the Applicant’s requested map change is consistent with FLU Policy 2.2, FLU Objective 12 and all other requirements of the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations.” Applicant Comment: “We are applying for Central Business District zoning which is consistent with surrounding properties and consistent with the property's current use.” Staff Comment: Section 90-312 specifically lists medical office as a permitted use within the CBD zoning district. 3. The proposed use will not have an adverse effect on the public interest. Applicant Comment: “The Property is currently used as a medical office and the plan is to continue to use the property in this capacity as it has been used for the last 30+ years.” Staff Comment: The proposed use has been providing medical services to the community for many years and does not have an adverse impact on the public interest. 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 Property is located in the down-town area of Okeechobee and there are many other small offices and other medical offices surrounding and adjacent to the property.” Staff Comment: The subject property is separated one block from SR 70 by municipal park area, and is within the business area of downtown Okeechobee. A health care facility lies to the east, an assisted living facility to the south, and retail to the west. Except for the public facility zoning of the park, the property is surrounded by commercial zoning. 5. The proposed use will not adversely affect pro perty values or living conditions, or be a deterrent to the improvement or development of adjacent property. Applicant Comment: “No changes are expected to the use of the property and the application is being made to have zoning be consistent with the property's historical and contributing use.” Staff Comment: The property has been used as a medical office for many years and the applicant has stated their intent to continue that use. No adverse effects are expected. Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 4 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 property is located in the down-town are of Okeechobee and is only open during normal working hours of approximately 8am - 5pm during weekdays. The plan is to continue this use. The property has operated in this capacity for 30+ years.” Staff Comment: The medical office use should not cause any nuisances or hazards that would require buffering from the adjacent land uses. The adjacent land uses are compatible, and the applicant has not proposed any major site improvements at this time that would require additional buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Applicant Comment: “No changes are expected to be made to the property and volume of business is not expected to change. We are open to the idea of joining the two parcels together, should the City find that to be beneficial.” Staff Comment: The Applicant is not proposing any changes in the current use that would increase demand for public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Applicant Comment: “The property's use is not expected to change, patient volume is not expected to substantially increase and the property's use is not expected to change.” Staff Comment: The Applicant is not proposing any changes in the current use that would affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Applicant Comment: “We intend to use the property as it has been used for the last 30+ years, as a simple primary care medical office” Staff Comment: The proposed use has not been inordinately burdened by unnecessary restrictions. Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 5 Recommendation Based on the foregoing analysis, we find the requested rezoning to Central Business District to be consistent with the City’s Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant’s rezoning request. Submitted by: Ben Smith, AICP Sr. Planner April 9, 2020 Planning Board Public Hearing: May 21, 2020 City Council Public Hearing: (tentative) June 16, 2020 and July 7, 2020 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 6 FUTURE LAND USE SUBJECT SITE AND ENVIRONS Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 7 ZONING SUBJECT SITE AND ENVIRONS Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R 8 AERIAL SUBJECT SITE AND ENVIRONS