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2020-05-21OF•OkFF (CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD/BOARD OF ADJUSTMENT MEETING 915+ MAY 219 2020 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board/Board of Adjustment for the City of Okeechobee to order on Thursday, May 21, 2020, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-112, effective May 4, 2020, the meeting was conducted utilizing communications media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The video, audio, and other digital comments are recorded and retained as a permanent record. A. The Pledge of Allegiance was led by Chairperson Hoover. II. ATTENDANCE Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were none. B. A motion was made by Member Brass to adopt the agenda as presented, seconded by Vice Chairperson McCoy. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried. IV. MINUTES A. A motion was made by Member Chartier to dispense with the reading and approve the minutes for the April 16, 2020, Regular Meeting; seconded by Member Brass. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:04 P.M. A. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services briefly reviewed the Planning Staff Report for Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No 20 -002 -SSA, which requests to change the Future Land Use (FLU) designation from Single Family Residential (SF) and Multi -Family Residential (MF) to Industrial (1) on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue. Mr. Smith explained the Applicant has submitted a concurrent request to rezone the same parcels from Residential Multiple Family (RMF) to Industrial (IND). The Applicant owns the industrial property to the North of these three vacant parcels and has not submitted any proposed plans or provided any comments regarding the potential development of the property other than the stated desire to expand his existing manufacturing of compressed air canisters operations. The maximum density allowable in the SF Residential FLU Category is four units per acre or five if the units qualify as affordable housing. With the affordable maximum development potential for 1.269 acres (the total of two vacant parcels, 0.409 and 0.86 acres) would be six single- family dwellings. The maximum density allowable in the MF Residential FLU Category is 10 units per acre or 11 if the units qualify as affordable housing. May 21, 2020 Regular Meeting Page 1 of 10 N CJS N Cn 00 With the affordable maximum development potential for the 1.6 acres (total of last vacant parcel) would be 17 multi -family dwellings. While the I FLU category allows for a maximum floor area ratio (FAR) of 3.0, the IND zoning district only allows a maximum building coverage of 50 percent and a maximum building height of 45 feet (without a special exception approval). These limitations allow for a potential four-story structure, a maximum FAR of 2.0 and a maximum floor area of approximately 250,000 square feet. However, given that a four-story industrial structure is not likely, it may be more practical to expect a one or two-story structure if this map change is approved. 1. Mr. Steve Dobbs, consultant for the Applicant, Loumax Development Inc., on behalf of the Property Owners Nemec Children's Trust, was available for questions from the Board. Mr. Dobbs reviewed an additional handout he provided to the Board which gave some basic background information on the current business. In addition, he provided a copy of the original plat indicating these subject parcels were located adjacent to the Florida East Coast Railway Yard and Grounds. He explained his client purchased the property in 2001 and did not anticipate the business would grow this big. He has looked at purchasing the 50 -foot railway right-of-way to the West of the current business but indicated this would not be enough land to expand. Besides going South, there was nothing else available as the land further to the West of the railway was already purchased by a Church. 2. Chairperson Hoover opened the floor for public comment. Secretary Burnette relayed she had a phone conversation with Mrs. Linda Knisely who resides at 601 Southwest 41h Street. She was opposed to the requested changes. As a resident located a block within these subject parcels, she believes this is not an appropriate area for this industrial business. There are many churches and schools with a lot of children in the area. She is concerned with the amount of truck traffic and believes there is available industrial area in the city they could relocate to and expand. 3. Vice Chairperson McCoy disclosed he had spoken to Mr. Dobbs about concerns with the property. No other disclosures were offered. 4. Planning Staff Findings are as follows: Policy 2.2 of the FLU Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 of the FLU Element 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. From a planning perspective, expansion of the Industrial FLU in this area would be out of character and likely incompatible with the predominantly residential nature of the surrounding neighborhood. The property to the North of the subject parcels is Industrial but the remainder of the surrounding properties hold residential designations on the City's FLUM 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 Southwest 7th Avenue 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 properties with an I FLU designation South of Park Street in the City. Besides the Applicant's existing site, there is an additional 2.5 acres of Industrial to the North, 0.5 acres of industrially designated property on Southwest Park Street and a 3 -acre property on Southeast 10th Street. The Applicant's requested FLUM changes represent a 37 percent increase in Industrial FLU South of Street in the City. The Applicant has provided a traffic analysis that estimates the requested change to an I FLU on these parcels would result in an increase in 1,144 potential daily vehicle trips and 166 potential peak hour vehicle trips. In addition to the consideration of total vehicle trips, it is also important to consider that an industrial use is likely to generate more heavy truck traffic than residential uses. May 21, 2020 Regular Meeting Page 2 of 10 Should these map changes be approved and a site plan for development of these parcels were to be submitted, it would be necessary to provide additional assessment of the impact of traffic on the adjacent streets and properties at the time of site plan approval. Regarding adequacy of public facilities, the Applicant's submission includes letters from the Okeechobee Utility Authority and Waste Management indicating that there is adequate excess capacity to accommodate the demand for potable water, wastewater treatment and solid waste disposal that would be associated with a proposed industrial use. The subject property is within the zone X, indicating a minimal flood risk. The site has no significant or unique characteristics regarding environmental sensitivity, wetlands, wildlife habitat, endangered species, soil conditions or susceptibility to flooding. Based on the foregoing analysis, he finds the requested Industrial FLU Designation for the subject property to be inconsistent with the character of the neighborhood and likely incompatible with the surrounding land uses. Therefore, he finds this request inconsistent with the City's Comprehensive Plan and recommends denial. Vice Chairperson McCoy inquired as to what exactly the use would be or the parcels. Would they be used for truck parking or warehouse space? This additional property may help in alleviating the trucks parking on Southwest 7th Avenue that are waiting to be loaded or unloaded. Member Jonassaint commented there presently were concerns with egress as trucks coming out of the site hold up traffic in the area. Member Brass commented even though this business has made contributions to the community for many years, she voiced concerns with the residential neighborhood being impacted. Member Baughman commented the area is already impacted as this business has been located here for some time and feels the request should be approved. A motion was offered by Member Brass to recommend denial to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No 20 -002 -SSA, which requests to change the FLU designation from SF Residential and MF Residential to I on 2.87± acres located in the 500 to 600 blocks of Southwest 7t" Avenue, and finds it to be inconsistent with the character of the neighborhood and likely incompatible with the surrounding land uses, seconded by Member Chartier. a) The board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members, Brass, Chartier, Granados and Jonassaint, voted: Aye. Nays: Board Member Baughman. Motion Carried. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively June 16, 2020, 6:00 P.M. PUBLIC HEARING-QUASI-JUDICAL ITEM B. City Planning Consultant Mr. Smith briefly reviewed the Planning Staff Report for Rezoning Petition No. 20-001-R, which requests to change the zoning designation from RMF to IND 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue for the proposed use of expanding the existing industrial facility located to the North. He explained the Applicant, Loumax Development Inc, has also submitted a concurrent request to change the FLU designation from SF Residential and MF Residential to I on these parcels. The subject parcels are currently vacant. He finds the requested rezoning to IND to be inconsistent with the City's Comprehensive Plan. He has reservations regarding the compatibility with adjacent uses and does not find it consistent with the urbanizing pattern of the area. Therefore, he is recommending denial of the Applicant's rezoning request. May 21, 2020 Regular Meeting Page 3 of 10 IV C3� co IV U 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record. Mr. Ben Smith, Planning Consultant, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, and Mr. Steve Dobbs, PE, 1062 Jakes Way, Okeechobee, Florida. 2. Mr. Steve Dobbs, consultant for the Applicant, Loumax Development Inc., on behalf of the Property Owners Nemec Children's Trust, was present and available for questions from the Board. He wanted to bring to their attention should the request be denied, and his client decides to relocate elsewhere, then this property would be open to any other permitted Industrial use. 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to sixteen surrounding property owners. Secretary Burnette relayed she had a phone conversation with Mrs. Linda Knisely who resides at 601 Southwest 4t" Street. She was opposed to the requested changes. As a resident located a block within these subject parcels, she believes this is not an appropriate area for this industrial business. There are many churches and schools with a lot of children in the area. She is concerned with the amount of truck traffic and believes there is available industrial area in the city they could relocate to and expand. 4. Vice Chairperson McCoy disclosed he had spoken to Mr. Dobbs about concerns with the property. No other disclosures were offered. 5. Planning Staff findings are as follows: The property to the North of these parcels is Industrial but the remainder of the surrounding properties hold residential designations on the City's FLU and Zoning Maps. While much of the directly adjacent land is vacant, there exists one single family residence and a preschool across Southwest 7th Avenue 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. Planner Smith is not recommending approval of the Applicant's requested FLUM Amendment because expansion of the Industrial FLU 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 FLU Objective 12 of the City's Comprehensive Plan. Additionally, if the City Council does not approve the Applicant's concurrent Comprehensive Plan Small Scale FLUM Amendment, then this rezoning request cannot be approved either. The proposed expansion of the current use being manufacturing of non- explosive products, is a permitted use in the IND Zoning District. 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. If this rezoning 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. The property to the immediate North of the subject parcels is designated I on the FLUM and zoned IND with the use being the existing industrial business. The property to the East is designated SF Residential on the FLUM and zoned RMF with the use being that of a single-family home and vacant parcels. The property to the South is designated MF Residential on the FLUM and zoned RMF with the use being A Child's World Child Care and Preschool. The property to the West is designated MF Residential on the FLUM and zoned RMF with the parcels being vacant. May 21, 2020 Regular Meeting Page 4 of 10 Plans have been submitted for future development of a residential apartment complex to be known as Emerald Greens 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. Depending on the specific activities involved, buffering can be used to alleviate some of the potential impacts of industrial uses although it will not reduce the impacts of increased heavy truck traffic in this predominantly residential neighborhood. Potential demand for schools and recreation facilities would be reduced if this rezoning is approved and 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. The proposed use will not impact traffic congestion as this is already a heavily traveled street with adequate capacity for additional traffic. Drainage issues would be considered at time of site plan review. The proposed use has not been inordinately burdened by any unnecessary restrictions. Member Chartier commented maybe this business should be located in the City's or County's Industrial Parks where it would be more appropriate, and more space would be available. A motion was offered by Member Jonassaint to recommend denial to the City Council for Rezoning Petition No. 20-001-R, which requests to change the zoning designation from RMF to IND on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue for the proposed use of expanding the existing industrial facility located to the North, seconded by Member Granados. a) The board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members, Brass, Chartier, Granados and Jonassaint, voted: Aye. Nays: Board Member Baughman. Motion Carried. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 7, 2020, 6:00 P.M. C. City Planning Consultant Mr. Smith briefly reviewed the Planning Staff Report for Rezoning Petition N No. 20-002-R, from RMF to Central Business District (CBD) for Lots 2 through 4 of Block 171, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County, on 0.50± acres located at 204 Southeast Park Street for the proposed use of a medical office. He explained the Applicant, Mr. Dillon Moore on behalf of the Property Owner, Best Value Real Estate LLC, is requesting this change in order for the business located on the parcels to continue operations as a medical practice. The property was purchased from Dr. Stanley Sweda, who was retiring, in August of 2019. That medical office had been in practice for approximately 30 years. The parcel located on the corner of Southeast 2nd Avenue and Southeast Park Street is currently vacant. He finds the requested rezoning to CBD to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, he is recommending approval of the Applicant's rezoning request. 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record. Mr. Ben Smith, Planning Consultant, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida. 2. Mr. Moore was available by Zoom -corn for questions from the Board. There were none. May 21, 2020 Regular Meeting Page 5 of 10 N N 0) IV 3. Chairperson Hoover opened the floor for public comment. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to fourteen surrounding property owners. 4. No disclosures of Ex -Parte were offered. 5. Planning Staff findings are as follows: The current zoning of RMF is not appropriate for the Commercial FLU designation. However, Policy 2.2 of the FLU element specifically lists the CBD Zoning district as appropriate in the Commercial FLU. Medical office is specifically listed as a permitted use in the CBD Zoning District. 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. The subject property is separated one block from East North Park Street (State Road 70 East), a municipal park area and is within the business area of downtown Okeechobee. The property to the immediate North of the subject parcels is designated Public Facilities on the FLUM and zoned Public Facilities with the use being that of a park. The property to the East is designated Commercial on the FLUM and zoned CBD with the use being that of the Visiting Nurse Association. The property to the South is designated Commercial on the FLUM and zoned Commercial Professional Office (CPO) with the use being The Grand Oaks Assisted Living Facility. The property to the West is designated Commercial on the FLUM and zoned CBD and Light Commercial (CLT) with the parcels being occupied by a retail strip center. No adverse effects are expected with the continued medical office use. The proposed medical use should not cause any nuisances or hazards that would require buffering from the adjacent land uses. The applicant is not proposing any changes in the current use that would increase demand for public utilities or public safety. The proposed use has not been inordinately burdened by unnecessary restrictions. A motion was offered by Member Chartier to recommend approval to the City Council for Rezoning Petition N No. 20-002-R, from RMF to CBD for Lots 2 through 4 of Block 171, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County, on 0.50± acres located at 204 Southeast Park Street for the proposed use of a medical office, seconded by Member Baughman. a) The board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members, Baughman, Brass, Chartier, Granados and Jonassaint, voted: Aye. Nays: None. Motion Carried. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 7, 2020, 6:00 P.M. D. Planning Consultant Mr. Smith briefly reviewed the Planning Staff Report for Special Exception Petition No. 20 -002 -SE, which requests to allow a convenience store with fuel pumps within a Heavy Commercial (CHV) Zoning District, (Ref. Sec. 90-282(25)) on 18.86± unplatted acres, located in the 900 to 1000 block along East North Park Street/State Road 70 East. The subject property is located on the north side of State Road 70 (SR70) East across from Zaxby's, Family Dollar and the United States Post Office. The Applicant is currently under contract to purchase the vacant parcel from the current property owner, 1-12oldings LLC. In addition to this Special Exception Application, the Applicant has submitted a Site Plan Application No. 20 -003 -TRC, which depicts development of the Southwest 6.63 acres of the parcel with a new RaceTrac gas station and convenience store, including a 5,411 square foot retail building with two canopies, providing an extended diesel fueling area and parking area designed to accommodate larger trucks. May 21, 2020 Regular Meeting Page 6 of 10 He recommends approval of the Special Exception for a new RaceTrac Gas Station and Convenience Store with the request that the Board of Adjustment consider whether or not a buffer wall should be provided along the Western and Northern property lines in areas where existing adjacent residents may experience increased truck noise generated by this development. Otherwise, based on the foregoing analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. 1. This being a quasi-judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record. Mr. Ben Smith, Planning Consultant, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida, Mr. Kevin Betancourt, P.E., with Thomas Engineering Group, 6300 Northwest 31St Avenue, Ft. Lauderdale, Florida, Ms. Vangela McFarland, 5051 Northeast 16th Court, Okeechobee, Florida, and Mr. Jack Dickerhoof, 212 Northeast 8th Avenue, Okeechobee, Florida. 2. Mr. Kevin Betancourt, PE, with Thomas Engineering Group, consultant for the Applicant, RaceTrac Petroleum Inc., on behalf of the Property Owner 112oldings, Inc., was present and available for questions from the Board. Samantha Jones, Engineering Project Manager and Cleo Chang, Engineering Project Analyst both for RaceTrac Petroleum Inc, were attending the meeting via Zoom. 3. Chairperson Hoover opened the floor for public comment. Mr. Jack Dickerhoof, 212 Northeast 8th Avenue, commented he is not against development of the property, just has concerns. He enjoys the area and all of the animals. The drainage swale is the only thing that divides the properties now. He has concerns with the potential noise and what the remainder of the property will be used for. Secretary Burnette noted for the record the Petition was advertised in the local newspaper, two signs were posted on the subject property and courtesy notices were mailed to fifty- seven surrounding property owners. Secretary Burnette received a letter and an email before the meeting which were read into the record. Pedie Dickerhoof, 212 Northeast 81h Avenue, Mr. Terrell Mastaler, 401 Northeast 8th Avenue, Mr. Robert Shannon 200 Northeast 8th Avenue, Mr. Jose Urdaneta, 210 Northeast 8th Avenue, Mr. Richard Verrochi and Ms. Rebecca Mully, 209 Northeast 8th Avenue: "Dear Ms. Burnette, As a homeowner in River Run Resort, I would like to express that I am adamantly against the Special Exception Petition No. 20 -002 -SE to allow building a "convenience store with fuel pumps". This proposal would place the new 24-hour RaceTrac Gas Station & Convenience Store with 21 pumps, directly behind our quiet neighborhood. As stated by the Applicant, they are also placing 5 extra pumps for extended diesel offering for large trucks. The first comment from our neighbors when they hear this is "a truck stop?", no way!" We the residents bought our homes here specifically because it was peaceful. As mentioned by the applicant, the introduction of unnecessary crime brought to the area by these types of businesses, is not very appealing. Our main concerns are (in part) as follows: majorly increased noise levels at all hours, increased pollution due to idling diesel vehicles, bright lights all night, disturbed eco system that provides homes to many animal species including gopher tortoises, indigo and painted bunting migratory birds, and grazing white tail deer and obviously, the plummeting property values. There is no reasonable way to mitigate the 24-hour noise and bright lights at night. The addition of trees, shrubs, and other vegetation looks beautiful, but cannot stop the heavy industrial noise coming from such a business. I believe the Future Land Use Map also calls for Commercial Use, not Heavy Commercial Use. The Applicant is buying over 18 acres of land, but their utilization is only proposed for over 6 acres. What other Heavy Commercial businesses will then be permitted for the balance of this property?" May 21, 2020 Regular Meeting Page 7 of 10 N W N -P Mr. Chris Luckey: My wife and I are full time residents of Okeechobee and live at 107 Northeast 8'" Avenue. Our home faces directly down Northeast 3rd Street, in the direction of the proposed 24 hr. RaceTrac gas station/truck stop/convenience store. I am strongly in opposition to this petition and construction for the following reasons: increased noise levels to our residential neighborhood River Run Resort, the nighttime lights that will shine directly into our bedroom windows, the potential for increased crime that can easily filter into our neighborhood with the 24 hr. hours of operation and no wall structure to prevent, the pollution caused by multiple large idling diesel semi -trucks, the decline in property values that will result due to our peaceful neighborhood now being bordered by a truck stop/gas station. My request would be that this petition be denied for the above reasons. If the petition is granted, I strongly request that the City require RaceTrac to erect a solid wall between their entire parcel and our River Run Resort neighborhood. The wall should be high enough to block any noise, pollution from the idling diesel semi -trucks and the site lighting, to keep it from bleeding into our neighborhood. A landscaped area would NOT be sufficient to separate such an invasive business, with 24 hr. service, from our once peaceful neighborhood. Has a hearing date and time been scheduled, and if so, is there a way for residents to attend?". 4. Vice Chairperson McCoy disclosed he had spoken to the Manager of the RaceTrac store currently located at 1596 State Road 70 East in Okeechobee Florida. No other disclosures were offered. 5. Planning Staff's responses to the Applicant's presentation on consistency with the Land Development Regulations (LDR's) are, the location and site are appropriate for the proposed use. The site fronts East North Park Street/SR70 East which will provide access to fuel and convenience goods along a heavily traveled roadway. The property to the immediate North of the subject parcel is designated SF Residential on the FLUM and zoned Residential Mobile Home (RMH) with the use being that of the River Run Resort Mobile Home Park. The property to the East is designated C on the FLUM and zoned CHV with the parcels being vacant. The property to the South is designated C on the FLUM and zoned CHV with the uses being a Zaxby's restaurant, a Family Dollar Store and the United States Post Office. The property to the West is designated SF Residential on the FLUM and zoned Residential Single Family One with the use being that of a manufactured home sales center. The site is of sufficient size to allow adequate interior circulation and buffering of the adjacent residences. Even though the Applicant is proposing to only construct the RaceTrac gas station and convenience store on 6.63 acres located in the Southwest corner of the parcel, the Special Exception approval is being requested for the entire 18.86 acres. The remaining acres will stay vacant until sometime in the future. The CHV Zoning District specifically identifies convenience store with a fueling station as a Special Exception Use. The main compatibility concern for this use is the existing residential neighborhood to the West and North. However, the Applicant has submitted a site plan which depicts an ample landscape buffer proposed on the West side. The proposed landscape buffer exceeds the minimum landscape buffer requirements provided in the City's LDR's. The Applicant's description of the proposed landscaping is consistent with the submitted site plan. The proposed Walter's Viburnum hedge would be the main buffer between the adjacent residences to the West and is known for growing into tall hedges up to 15 feet tall. Gas stations with convenience stores often get associated with crime and loitering. The Applicant is aware of these issues and have devoted special attention to providing actual security measures throughout the site design. The idea is to create an environment where customer activity and open concept will deter crime through natural surveillance. In addition to natural surveillance techniques present throughout the site, RaceTrac is equipped with a 24-hour surveillance system both inside and outside of their stores. May 21, 2020 Regular Meeting Page 8 of 10 Utility services are expected to be fully available and the adequacy and specifics of these facilities will be addressed during the site plan review stage. The site has been designed to provide 16 fuel positions offering regular unleaded, ethanol free, and diesel fuel as well as five fuel positions designated for larger trucks. This will separate the larger diesel vehicles from circulating with the everyday consumers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. Wider drive aisles are also being provided for better circulation. The Applicant is currently working with Florida Department of Transportation (FDOT) to see what off-site improvements will be required to provide a signalized left turn lane for the East bound travelers along SR70. Planning Staff's responses to the Applicant's presentation on the required findings are, the property is designated on the FLUM and the proposed use is not contrary to the Comprehensive Plan. Convenience store with fuel pumps is included under the list of Special Exceptions Uses in the CHV Zoning District. The proposed use will not have an adverse effect on the public interest. It is possible that allowing the Applicant to develop this requested proposed use will not deter, but instead, encourage development of the vacant property to the East. Conversely, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by the proposed use operating 24 hours per day. The large truck fueling, and parking area is located adjacent to these existing residences. The Applicant is proposing a landscape buffer that should minimize these potential effects. This non-residential development will not impact the public -school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. A traffic impact statement has been provided which concludes that roadway and traffic signal modifications will be necessary to accommodate the increase in vehicle trips generated by this project. Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. A motion was offered by Member Brass to approve Special Exception Petition No. 20 -002 -SE, which requests to allow a convenience store with fuel pumps within a CHV Zoning District, (Ref. Sec. 90-282(25)) on 18.86± unplatted acres, located in the 900 to 1000 block along East North Park Street/SR70 East with the following conditions: minimum of an eight foot wall along the West boundary line beginning at the start of the River Run Resort Mobile Home Park, seconded by Member McCoy. a) The board further reviewed and after a lengthy discussion decided to vote on this motion and then make changes in a new motion. b) Vice Chairperson McCoy, Board Members, Brass and Jonassaint voted: Aye. Nays: Chairperson Hoover, Board Members, Baughman, Chartier, and Granados. Motion Failed. A motion was offered by Member Chartier to approve Special Exception Petition No. 20 -002 -SE, which requests to allow a convenience store with fuel pumps within a CHV Zoning District, (Ref. Sec. 90-282(25)) on 18.86± unplatted acres, located in the 900 to 1000 block along East North Park Street/SR70 East with the following conditions: an eight foot wall be built along the Western boundary line beginning at the Southern boundary of the actual River Run Resort Mobile Home Park extending up to the Southern boundary of the retention pond; future development of the site would continue wall along the North boundary line; no showers, no overnight truck parking to be allowed and increased landscape buffering to the North where there is no wall, seconded by Member McCoy. May 21, 2020 Regular Meeting Page 9 of 10 N 01 a) The board offered no further discussion. b) Vice Chairperson McCoy, Board Members, Baughman, Brass, Chartier, Granados and Jonassaint, voted: Aye. Nays: Chairperson Hoover. Motion Carried. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 8:25 P.M. VI. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 8:25 P.M. /i Dawn T. Hoover, Chairperson ATTEST: Patty . Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. May 21, 2020 Regular Meeting Page 10 of 10 �`t1 °F_°kEFCH °m CITY OF OKEECHOBEE, FLORIDA APRIL 16, 2020, PLANNING BOARD MEETING DRAFT SUMMARY OF BOARD ACTION Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, municipalities may conduct meetings of their governing bodies without having a quorum of its members present physically or at any specific location, and utilizing communications media technology (CMT) such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. CALL TO ORDER Chairperson Hoover called the CMT meeting of the Planning Board for the City of Okeechobee to order on Thursday, April 16, 2020, at 6:05 P.M. by means of using Zoom online Meeting ID 314313542 with the Host computer operated by Executive Assistant Robin Brock being in the City Council Chambers, 55 Southeast 31 Avenue, Room 200, Okeechobee, Florida. The video, audio, and other digital comments are recorded and retained as a permanent record. Chairperson Hoover provided the meeting instructions. All individual computers and telephones will be muted upon entering the meeting. The Host and the Chair will be unmuted at all times. Board Members making a motion or second are to announce their name before speaking. The Chair will call upon each Board Member individually for their vote. Please mute yourself and unmute during each item for discussion and vote. At any time during the meeting if you wish to speak, raise your hand in Zoom by clicking the icon on the right-hand side of the screen. A. The Pledge of Allegiance was led by Board Secretary Patty Burnette. II. ATTENDANCE Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice -Chairperson Doug McCoy, Board Members Karyne Brass, Rick Chartier, Mac Jonassaint and Les McCreary were present. Alternate Board Members Felix Granados and Jim Shaw were present. Board Member Phil Baughman was absent with consent. CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya, and Executive Assistant Robin Brock were present. Chairperson Hoover moved Alternate Board Member Granados to voting position. III. AGENDA A. A motion was made by Member Chartier to defer to the next meeting scheduled for May 21, 2020 at 6:00 P.M., Public Hearing Item V.A. and Quasi -Judicial Item V.C. [Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 20 -002 -SSA, from Single Family Residential (SF) and Multi -Family Residential (MF) to Industrial on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue; and Rezoning Petition No. 20-001-R, from Residential Multiple Family (RMF) to Industrial (IND) on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue]; seconded by Member Granados. Chairperson Hoover, Vice Chairperson McCoy, Board Members Brass, Chartier, Jonassaint, McCreary and Granados voted: Aye. Nays: None. Absent: Board Member Baughman. Motion Carried. B. A motion was made by Vice Chairperson McCoy to adopt the amended agenda, seconded by Member McCreary. Chairperson Hoover, Vice Chairperson McCoy, Board Members Brass, Chartier, Jonassaint, McCreary and Granados voted: Aye. Nays: None. Absent: Board Member Baughman. Motion Carried. April 16, 2020 Regular Meeting Page 1 of 3 IV. MINUTES A. A motion was made by Member Chartier to dispense with the reading and approve the minutes for the March 19, 2020, Regular Meeting; seconded by Vice Chairperson McCoy. Chairperson Hoover, Vice Chairperson McCoy, Board Members Brass, Chartier, Jonassaint, McCreary and Granados voted: Aye. Nays: None. Absent: Board Member Baughman. Motion Carried. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:14 P.M. A. Comprehensive Plan Small Scale FLUM Amendment Application No 20 -002 -SSA, from SF Residential and MF Residential to Industrial on 2.87 acres located in the 500 to 600 blocks of Southwest 7th Avenue was deferred until the May 21, 2020, Regular Meeting. B. Chairperson Hoover yielded the floor to City Planning Consultant Mr. Smith. He briefly reviewed the Planning Staff Report for Comprehensive Plan Small Scale FLUM Application No. 20 -003 -SSA, which requests to change the FLU designation from SF Residential to Industrial on 1.60± acres located in the 700 block between Northwest 7th and 8th Streets along Northwest 6th Avenue, Lots 11 through 20 of Block 62, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County. The Applicant has stated their intent for the development of the property is for a contractor's office. A Site Plan Review application has been submitted for review. The maximum density allowable in the SF Residential FLU Category is four units per acre or five if the units qualify as affordable housing. With the affordable maximum development potential for 1.6 acres would be eight single-family dwellings. However, in order to develop single family dwelling units at this property, a zoning map amendment would be required, as single-family dwelling units are not permitted in the IND Zoning District. While the Industrial FLU category allows for a maximum floor area ratio (FAR) of 3.0, the IND zoning district only allows a maximum building coverage of 50 percent and a maximum building height of 45 feet (without a special exception approval). These limitations allow for a potential four-story structure, a maximum FAR of 2.0 and a maximum floor area of approximately 278,000 square feet. However, given that a four- story industrial structure is not likely, it may be more practical to expect a one- or two- story structure if this map change is approved. 1. Mr. Steven Dobbs, consultant for the Applicant, Mr. Mitchell G. Hancock, was available for questions from the Board. There were none. 2. Chairperson Hoover opened the floor for public comment and there was none. 3. No Ex -Parte disclosures were offered from Board Members. 4. Planning Staff Findings are as follows: The Application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. The CSX Transportation Inc. railroad runs along the Northern property line of the subject parcel with existing Industrial uses operating to the North of that. The adjacent properties to the East and West of the subject property are vacant and currently designated as SF Residential on the FLUM. However, those same vacant properties are zoned IND and are also adjacent to the railroad. To the South of the subject property, across Northwest 7th Street, are several single-family residences. Despite the proximity of these residences, the Industrial designation seems more compatible and consistent with the surrounding area. Buffering of the single-family residences will be necessary. The Applicant has provided a traffic analysis that estimates the requested map changes from SF Residential to Industrial would result in a potential increase of 651 daily vehicle trips and 93 peak hour vehicle trips. Another traffic analysis will be needed which will be specific to the Applicant's proposed development should these map changes be approved and a site plan for development of this property be submitted, as an industrial use is likely to generate heavier truck traffic than residential uses. Regarding adequacy of public facilities, the Applicant's submission includes letters April 16, 2020 Regular Meeting Page 2 of 3 from the Okeechobee Utility Authority and Waste Management, indicating that there is adequate excess capacity to accommodate the demand for potable water, wastewater treatment and solid waste disposal that would be associated with a proposed industrial use. We agree with the Applicant's statements that the site has no significant or unique characteristics regarding environmental sensitivity, wetlands, wildlife habitat, endangered species, soil conditions or susceptibility to flooding. Based on the foregoing analysis, Mr. Smith finds the requested Industrial FLU designation for the subject property to be to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Members Brass and McCreary inquired as to the procedure of notifying the public of these types of applications as no signage is posted on the subject parcels and no surrounding property owners notices are mailed. City Attorney Fumero explained the City's Land Development Regulations state there shall be a publication of a notice of the public hearing at least twice in a newspaper of general circulation. In addition, the notice is posted at City Hall and on the City of Okeechobee's website. The notice does list an email address and a phone to contact should the public have questions. Secretary Burnette commented she has received no inquiries regarding this Application. A motion was offered by Member Chartier to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No 20 -003 -SSA, which requests to change the FLU designation from SF Residential to Industrial on 1.60± acres located in the 700 block between Northwest 7th and 8th Streets along Northwest 6th Avenue, Lots 11 through 20 of Block 62, OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County, and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area; seconded by Member Jonassaint. a) The board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members, Chartier, Jonassaint, McCreary and Granados voted: Aye. Nays: Board Member Brass. Absent: Board Member Baughman. Motion Carried. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively May 5, 2020, 6:00 P.M. PUBLIC HEARING-QUASI-JUDICAL ITEM C. Rezoning Petition No. 20-001-R, from RMF to Industrial on 2.87± acres located in the 500 to 600 blocks of SW 71h Avenue for the proposed use of expanding the existing industrial facility located to the North was deferred until the May 21, 2020, Regular Meeting. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:24 P.M. VI. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:24 P.M. Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. April 16, 2020 Regular Meeting Page 3 of 3 CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT MEETING 91 " MAY 21, 2020 LIVE VIDEO BROADCAST INSTRUCTIONS Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by Executive Order No. 20-112, effective May 4, 2020, municipalities may conduct meetings, of their governing boards without having a quorum of its members present physically or at any specific location and utilizing communications media technology (CMY) such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The May 21, 2020 Planning Board/Board of Adjustment meeting will be open to the public with limited seating, due to social distancing and capacity. CMT will also be utilized through Zoom. Login information is provided below. City of Okeechobee Municipality is inviting you to a scheduled Zoom meeting. Topic: City Planning Board Meeting Time: May 21, 2020 06:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://zoom.us/o/2459713294 Meeting ID: 245 971 3294 One tap mobile +16465588656„2459713294# US (New York) +13017158592„2459713294# US (Germantown) Dial by your location +1 646 558 8656 US (New York) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 245 971 3294 Find your local number: https://zoom.us/u/acYg5vlAto Patty Burnette From: Robin Brock Sent: Tuesday, May 12, 2020 2:24 PM To: Patty Burnette Subject: Planning Board Zoom Meeting Info City of Okeechobee Municipality is inviting you to a scheduled Zoom meeting. Topic: City Planning Board Meeting Time: May 21, 2020 06:00 PM Eastern Time (US and Canada) Join Zoom Meeting https:Hzoom.us/j/2459713294 Meeting ID: 245 971 3294 One tap mobile +16465588656„2459713294# US (New York) +13017158592,,2459713294# US (Germantown) Dial by your location +1 646 558 8656 US (New York) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 245 971 3294 Find your local number: 1-ittps://zoom.us/u/acYg5vlAto Vkeichobm FLORIDA • Nanded 1915 Robin Brock Executive Assistant 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 Direct: (863) 763-9812 FAX: (863) 763-1686 Email: rbrock@cityofokeechobee.com Website: www.citvofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 4y.OF•oKFFCti PUBLIC NOTICE O a CITY PLANNING BOARD/BOARD OF ADJUSTMENTS REGULAR MEETING NOTICE IS HEREBY GIVEN that on Thursday, May 21, 2020, at 6 PM, a regular meeting of the City of Okeechobee Planning Board/Board of Adjustments will be held pursuant to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order 20-112 effective May 4, 2020. Municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology (CMT) such as telephone or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. The Planning Board/Board of Adjustments will conduct this meeting using CMT to constitute a quorum. Zoom.com, a web -based virtual meeting platform allows the Board of Adjustments, Staff, and public to participate via laptop, desktop, smartphone, or telephone. Instructions to participate in the meeting will be published with the agenda on the website at cityofokeechobee.com/agendas.html. If you need assistance, contact Patty Burnette BEFORE 4:30 PM on the day of the meeting, 863-763-3372 ext. 9824. The following Public Hearing items will be considered for a recommendation at this meeting: Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 20 -002 -SSA: requests to change the Future Land Use classification from Single Family Residential and Multi -Family Residential to Industrial on BLOCKS 190 AND 191, OKEECHOBEE, PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, and approximately 2.87 unplatted acres located in the 500 to 600 blocks along SW 711 Ave. Applicant: Loumax Development Inc. on behalf of the property owner Nemec Children's Trust. A recommendation will be forwarded to the City Council for consideration to adopt at a Final Public Hearing TENTATIVELY scheduled for 6 PM, May 19, 2020. Rezoning Petition No. 20-001-R: requests to rezone BLOCKS 190 AND 191, OKEECHOBEE, PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, and approximately 2.87 unplatted acres located in the 500 to 600 blocks along SW 7th Ave., from Residential Multiple Family to Industrial. The proposed use is to expand the existing industrial facility located to the North. A recommendation will be forwarded to the City Council on May 19, 2020, (First Reading) and final adoption Public Hearing on June 2, 2020, 6 PM. Rezoning Petition No. 20-002-R: requests to rezone LOTS 2-4 OF BLOCK 171, OKEECHOBEE, PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, located at 204 ES Park Street, from Residential Multiple Family to Central Business District. The proposed use is the operation of the existing medical clinic. A recommendation will be forwarded to the City Council on June 16, 2020, (First Reading) and final adoption Public Hearing on July 7, 2020, 6 PM. Special Exception Petition No. 20 -002 -SE: submitted by submitted by Brian Thornton, Vice President of Real Estate & Engineering for RaceTrac Petroleum, Inc. on behalf of the property owner H2oldings, LLC, to allow for a convenience store with fuel pumps within a Heavy Commercial (CHV) Zoning District, reference Code Book Section 90-283(25). The Petitions can be viewed on the website cityofokeechobee.com/public-notice.htmL The Board of Adjustment and Appeals serves as the decision making body (quasi-judicial), on behalf of the City, to approve or deny Special Exceptions. As the Local Planning Agency, the Board can consider offering a recommendation on any proposed amendments to the current Land Development Regulations submitted by City Staff, Board Members, or citizens. Recommendations are forwarded to the City Council for further action. BE ADVISED THAT ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. By: Dawn Hoover, Planning Board Chairperson Posted: 5/4/2020 -BJ m tLik .0F.0 CITY OF OKEECHOBEE o m~ PLANNING BOARD/BOARD OF ADJUSTMENT MEETING 55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974 9j5OFFICIAL AGENDA MAY 21, 2020 6:00 P.M. �- . Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by Executive Order No. 20-112, effective May 4, 2020, municipalities may conduct meetings, of their governing boards without having a quorum of its members present physically or at any specific location and utilizing communications media technology (CMT) such as a telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE ✓Chairperson Dawn Hoover ✓Vice Chairperson Doug McCoy /Board Member Phil Baughman ✓Board Member Karyne Brass I't-`30paAkk 5-5-Qb /Board Member Rick Chartier vtoard Member Mac Jonassaint Alternate Board Member Felix Granados Opo vWt bu Cc 5-S-ao ✓Alternate Board Member Jim Shaw J %Joe Papassa ap poLrltetC 104 CC, -54q-;o ✓City Attorney Job,n fit o f �' ✓City Planning Consultant Ben Smith ✓Planning Board Secretary Patty Burnette ✓General Services/ �Secretary Yesica Montoya III. AGENDA A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Motion to adopt agenda. 6.ass f /VC Col � I i n rAt vo✓ IV. MINUTES A. Motion to dispense with the reading and approve the April 16, 2020, Regular Meeting minutes. C �a, der ease. F V. OPEN PUBLIC HEARING (P',0� A. Deferred from the February 20, 2020, March 19, 2020, and April 16, 2020 meetings, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 20- 002 -SSA, from Single Family Residential and Multi -Family Residential to Industrial on 2.87± JPQ✓e@IS SF ,Lioq acres located in the 500 to 600 blocks of SW 7t' Avenue (Exhibit 1). ®(� 1. Review Planning Staff Report - recommending denial. r, 2. Hear from Property Owner or Designee/Agent - Loumax Development Inc, on behalf of the Property Owners Nemec Children's Trust. �*evr prone" Co«(d"'� � 3. Public comments or questions from those in attendance or submitted to the Boards�n+ Secretar�r _ fF �t�,fq�0. �owlYev4 do>r� t�� t. yVi�s. f� nda J�n�Sr d � -iv o rt afe. gtore cis zee c c tas May 21, 2020 Planning Board Meeting Page 1 of 3 V. PUBLIC HEARING ITEMS CONTINUED A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 20 -002 - SSA continued. 4. Disclosure of Ex-Parte Communications' by the Board. Ueeo j -S At -6 illr- Wig a i0011-' �ress I (nar hey oree MS U) I _____ 5. Consider a recommendation to the City Council to approve or deny Application pfbpe l , deoy a) Board discussion. l ill IDLVv/ b) Vote on motion. The recommendation will be forwarded to the City Council Qxeept for consideration at a Public Hearing, tentatively June 16, 2020, 6:00 P.M. �au.�q�, QUASI-JUDICIAL ITEMS B. Deferred from the February 20, 2020, March 19, 2020, and April 16, 2020 meetings, Rezoning Petition No. 20-001-R, from Residential Multiple Family to Industrial on 2.87± bLd re �rw✓ ltr acres located in the 500 to 600 blocks of SW 711 Avenue for the proposed use of expanding b0*r0.K�' the existing industrial facility located to the North (Exhibit 2). mo f , L � `W 1. Administer of Oath. Anyone intending to offer testimony on this Petition will !fie be, SLLL" Iti Le- required to take an oath, respond, and give your full name and address. Sen #-Skre. i ndua 2. Review Planning Staff Report - recommending denial. 3. Hear from Property Owner or Designee/Agent - Loumax Development Inc, on behplf P of the Property Owner Nemec Children's Trust. `'' ? Shoo!,' nia �' ,Pni move. 4. Public comments or questions from those in attendance or submitted` to the Board Sa D F �'y Secretary. e�nk ��ic,. 5. Disclosure of Ex-Parte Communications' by the Board. Mc(o)r-Sp,)►c0 4-u i'7' 0C)b0 6. Consider a recommendation to the City Council to approve or deny Petition. MW_ l * a) Board discussion. 'b"r,v ° ;e, IcdLor b) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 7, 2020, 6:00 P.M. C. Rezoning Petition No. 20-002-R, from Residential Multiple Family to Central Business District for Lots 2 through 4 of Block 171, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County, on 0.50± acres located at 204 Southeast Park Street for the proposed use of a medical office (Exhibit 3). &Md 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. "M 3. Hear from Property Owner or Designee/Agent -Lou m6-k—Development Inc, on behalf -of the Property Owner Nemec Children's Trust. �• 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex-Parte Communications' by the Board. 6. Consider a recommendation to the City Council to approve or deny Petition. a) Board discussion. Arloti✓e b) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 7, 2020, 6:00 P.M. D. Special Exception Petition No. 20 -002 -SE, to allow a convenience store with fuel pumps within a Heavy Commercial Zoning District, (Ref. Sec. 90-282(25)) on 18.86± unplatted acres, located in the 900 to 1000 block along East North Park Street/State Road 70 East �jQr1— (Exhibit 4). 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. ,,"J .L v'r1 hjQ4npoulf, 2. Review Planning Staff Report —recommending approval. ya l��e (a ko faefa 4 y � I�c�l.�-�re� d��'� � p f�-►� a� �,� May 21, 2020 Planning Board Meeting Page 2 of 3 i--Do-r P D• esX`r°� QUASI-JUDICIAL ITEMS CONTINUED (1O�pU 4A D. Special Exception Petition No. 20 -002 -SE continued.' /3. Hear from the Property Owner or Designee/Agent - Ms. Samantha Jones, �CVI x Engineering Project Manager with Thomas Engineering Group. - or, 4. Public comments or questions from those in attendance or submitted to the Board oQS r Secretary. (POLS rtlf 1 1�,1 �a5r 5. Disclosure of Ex -Parte Communications by the Board. (V« eJ.?,,! G,WktA eIatw, � 6. Consider a motion to approve or eny Petition with/without special conditions. Q``` a) Board discussion. 0 b) Vote on motion. CLOSE PUBLIC HEARING g aSP Jack A 1 clad hUtfr a la �E hA VP VI. ADJOURN MEETING : a5 P n'1 nv� Q AC "S+ Clrt oc l°a f l►�R�S hu.� Ye Af 'Per Resolution No. 1997-05 Officials must disclose any communication received includifng the identity of the person, NISY Y1Q�J group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; I F-,uRa�e disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable t&kh is opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board ; iS Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and U. OJT evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official,M r records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as ��ffJJ defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services �CWto° Department, no later than two business days prior to the proceeding, 863-763-3372. pq_� 5 + p0�(vr NaAl 6�- CU t/c to p,z-::( cr -0)031 s ►dj O_Yd W(rtf z itt s ve }- S f (R ppel ay N Qc✓CS' ( Qf"0�0 - 1/24 e tt!')) CitppkCcsfIr 1 - �, 1r1ju S 0 Qn UQ 19 acres �rn�ian - Oa,Lt 58 44)r Pr �� C o C�arti�{r �" �i�es ►cLr r' 1 ! f ar nx_ iS �V + �o �'� I/ V10 19Kw+�.wa�I onWes�S1U-L ln4 g w cmc.( . � �� d.�-e�� I l Kaci C'ou,lcr. 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Y-rq COs V P�IWOv) CU-0 -V } �vnv�T d -2 fi v / S 5 0 J 0 t -t-" fid! fi -0 trV -a,� L, V4 - - _ pu®C) . q u,-i a-J ��' n0j �+woq lam+ all-noS v I v u 16 a-q -v p U-MG1 ' tsaC1 a-, vo/ro tl:"' q - cq //-Vol 4Qc9- 44 � �, � � spoq,-Tw 0 --- - — (T o� )I lgow �-�0s av `"-n�j a and a �Jo+(3 SW — fsda a,1 ---r" +10 v, u LA q -rub P a puy)aq 4sdcq f ��vsati� o� I T-om f P� rt4 �' ua t,u»w i v ld.� W914 rPUOT- 0 1�v�,� •. a�o�� -anted � �� QUI,( � U.Qvpw L � Patty Burnette From: Yesica Montoya Sent: Friday, May 29, 2020 10:37 AM To: Patty Burnette Subject: RE: Planning Board Minutes Ma'am this is what I got out of the recording. I hope it's accurate. - 8 foot wall west side only beginning River Run up to the retention pond - No overnight parking - No showers - Further development will have to continue the wall to the north - Additional landscaping near retention pond - Part of motion include TRC recommendations increased which is Landscape buffering to the north Yesica Montoya Administrative Secretary 55 SE 3"` Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 Direct: (863) 763.9824 FAX: (863) 763-1686 Email: ymontoya@cityofokeechobee.com Website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Thursday, May 28, 2020 4:34 PM To: Yesica Montoya <ymontoya@cityofokeechobee.com> Subject: Planning Board Minutes Yesica I need for you to listen to the recording for the PB Meeting and write down what the motion and conditions were for the Special Exception for RaceTrac. This was the confusing part of the meeting so pay particular attention to what they are saying please. Thank you Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Thursday, May 28, 2020 2:49 PM To: Patty Burnette Cc: Yesica Montoya Subject: RE: Planning Board Meeting Sorry, my mistake. I agree that no showers and the increased landscaping on the north side of the development were also approved conditions. I just recall that it wasn't clear that the final motion included the condition that further development would have to continue the wall. I know they discussed it but I don't recall Rick listing that when he made the motion. Is there a recording of the meeting that we could listen to? I3evi SmItk, AICP, LEED GA a,i.. 1 375,ac6on jt #206, tort Myers, rL 33901 239-33`1--3366 i.�enLlarue��annin�.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Thursday, May 28, 2020 2:36 PM To: Ben Smith <ben@larueplanning.com> Cc: Yesica Montoya <ymontoya@cityofokeechobee.com> Subject: RE: Planning Board Meeting Hi Ben. This part of the meeting was so chaotic and confusing that I had more conditions? They were all talked about and I thought to be included but could be wrong. I had the following: • 8 ft wall beginning at the start of the mobile home park on the west side only up to the southern boundary of retention area. • No overnight parking • No showers • Any further development would need to continue the wall to the north • Increased landscape buffering to the north where there is no wall. know Board Member Chartier was discussing whether the conditions from the TRC needed to be included or not? Path N. Burnette Cj, eneraCServices Coordinator City of Okeechobee S5 SE 3rd- Avenue Okeechobee, El 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Eax: (863) 763-1686 e -maid p6urriettcOcitUofokeec6o6ee.coTit website: www.city0fokeecbo6ee.c0171 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Ben Smith <ben@larueplannine.com> Sent: Thursday, May 28, 2020 1:46 PM To: Patty Burnette<pburnette@cityofol<eechobee.com> Cc: Yesica Montoya<ymontoya@cityofol<eechobee.com> Subject: RE: Planning Board Meeting Hey Patty, The Board approved the special exception with two conditions: (1) That no overnight truck parking be allowed; (2) And that an 8 ft wall be built along the western boundary of the site starting at the southern boundary of the River Run Resort, extending to the northern boundary of the subject site truck parking. Prior to the motion that was approved, the Board discussed adding a condition that future development of the subject parcel would be required to extend the wall along the boundaries that face the river run resort. However, I'm not sure that condition actually made it into the final motion that was approved. Does that match up with your notes/recollection? 13en Swk th, AICP, LEEP GA LaKu,e_ planning r i i 3i 5 ,Jackson `jt #206, Fort M,9ers, FL 33901 259-534-5566 l�encalarueF�,�nnin�.com From: Patty Burnette<pburnette@citvofokeechobee.com> Sent: Thursday, May 28, 2020 9:36 AM To: Ben Smith <ben@larueplanningxom> Cc: Yesica Montoya<ymontoya(c@cityofol<eechobee.com> Subject: Planning Board Meeting Good Morning Ben. Would you be able to send me the wording for the Special Exception approval the Board made for the RaceTrac property? Just wanting to make sure I have it correctly. Thank you Path M. Burnette generaCServices Coordinator City of Okeechobee 55 SE 3rd Avenue Okeechobee, 'FL 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 'Fax: (863) 763-1686 e-mail: pburnette@coofokeec6obee.com website: www.ci4LOfokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 3 Patty Burnette From: Patty Burnette Sent: Thursday, May 28, 2020 12:25 PM To: Jennifer Tewksbury Subject: RE: Minutes Ms. Jennifer below are just the motions and vote. I can send you a Rough Draft of the Minutes when have them ready if you need more information. Just let me know • Deferred from the February 20, 2020, March 19, 2020, and April 16, 2020 meetings, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 20 -002 -SSA, from Single Family Residential and Multi -Family Residential to Industrial on 2.87± acres located in the 500 to 600 blocks of SW 7th Avenue: Motion to recommend denial to the City Council ...... 6 votes Yea, 1 Nay • Deferred from the February 20, 2020, March 19, 2020, and April 16, 2020 meetings, Rezoning Petition No. 20-001-R, from Residential Multiple Family to Industrial on 2.87± acres located in the 500 to 600 blocks of SW 7th Avenue for the proposed use of expanding the existing industrial facility located to the North Motion to recommend denial to the City Council .....6 votes Yea, 1 Nay • Rezoning Petition No. 20-002-R, from Residential Multiple Family to Central Business District for Lots 2 through 4 of Block 171, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County, on 0.50± acres located at 204 Southeast Park Street for the proposed use of a medical office Motion to recommend approval to the City Council...... all votes Yea • Special Exception Petition No. 20 -002 -SE, to allow a convenience store with fuel pumps within a Heavy Commercial Zoning District, (Ref. Sec. 90-282(25)) on 18.86± unplatted acres, located in the 900 to 1000 block along East North Park Street/State Road 70 East Motion to approve with contingencies (will be listed out in minutes), 6 votes Yea, 1 Nay Path M. Burnette Cj. eneraCServices Coordinator City of Okeechobee 55 SE 3rd- Avenue Okeechobee, Tf- 34974 Phone: (8 63) 763-3372 ext. 9820 Direct: (863) 763-9820 Tax: (863) 763-1686 e-mail: p6ur-nette@citUofokcccrlo6ce.coni website: www.citilo{o keecho6ee.c0111 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Thursday, May 28, 2020 9:16 AM To: Patty Burnette <pburnette@cityofokeechobee.com> Subject: Re: Minutes No rush. I needed it for something specific yesterday but didn't know you were out of the office. Whenever you're able Q Jennifer M. Tewksbury EXECUTIVE DIRECTOR 863.467.0200 jennifer@economiccouncilofokeechobee.org 1679 NW 9th Street, Okeechobee, FL 34972 www.econom iccounci lofokeechobee.ora From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Thursday, May 28, 2020 8:01 AM To: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Subject: RE: Minutes Ms. Jennifer just seeing this message after responding to your first one. Give me a little bit and I will get that information for you. v y � J NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Thursday, May 28, 2020 9:16 AM To: Patty Burnette <pburnette@cityofokeechobee.com> Subject: Re: Minutes No rush. I needed it for something specific yesterday but didn't know you were out of the office. Whenever you're able Q Jennifer M. Tewksbury EXECUTIVE DIRECTOR 863.467.0200 jennifer@economiccouncilofokeechobee.org 1679 NW 9th Street, Okeechobee, FL 34972 www.econom iccounci lofokeechobee.ora From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Thursday, May 28, 2020 8:01 AM To: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Subject: RE: Minutes Ms. Jennifer just seeing this message after responding to your first one. Give me a little bit and I will get that information for you. Path M. Burnette generaCServices Coordinator City of Okeechobee 55 SE 3dAvenue Okeechobee, EL 34974 Phone: (863) 763-3372 ext 9820 Direct. (863) 763-9820 'Fax: (863) 763-1686 e-mail: bttrnetteC@citti�ofokeecho6ee.cont website: wwwxitUofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Tuesday, May 26, 2020 2:22 PM To: Patty Burnette<pburnette@cityofokeechobee.com> Subject: Fw: Minutes If minutes are not available yet, would you at least be able to share the voting actions of the business items? That's mostly what I was curious about Q Thank you, �I Jennifer M. Tewksbury EXECUTIVE DIRECTOR 863.467.0200 jennifer@economiccouncilofokeechobee.org 1679 NW 9th Street, Okeechobee, FL 34972 www.economiccouncilofokeechobee.org From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Tuesday, May 26, 2020 9:33 AM To: Patty Burnette <pburnette@cityofokeechobee.com> Subject: Minutes Hi Patty, May I request a copy of the meeting minutes from the last Planning Board meeting? Thank you, Jennifer M. Tewksbury EXECUTIVE DIRECTOR 863.467.0200 jennifer@economiccouncilofokeechobee.oro 1679 NW 9th Street, Okeechobee, FL 34972 www.economiccouncilofokeechobee.org 4 'T SO htrov'- rurnfl�t' Pattv Burnette From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Tuesday, May 26, 2020 10:34 AM To: Patty Burnette Subject: Minutes Hi Patty, May I request a copy of the meeting minutes from the last Planning Board meeting? Thank you, �1 Jennifer M. Tewksbury ECO® EXECUTIVE DIRECTOR C 863.467.0200 ►� jennifer@economiccouncilofokeechobee.oro 1679 NW 9th Street, Okeechobee, FL 34972 www.economiccouncilofokeechobee.ora kv� V1&Lu � in LJ 1 Patty Burnette From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Tuesday, May 26, 2020 2:22 PM To: Patty Burnette Subject: Fw: Minutes If minutes are not available yet, would you at least be able to share the voting actions of the business items? That's mostly what I was curious about Q Thank you, Jennifer M. Tewksbury EXECUTIVE DIRECTOR 863.467.0200 jennifer@ economiccouncilofokeechobee.oro 1679 NW 9th Street, Okeechobee, FL 34972 www.economiccouncilofokeechobee.org From: Jennifer Tewksbury <jennifer@economiccouncilofokeechobee.org> Sent: Tuesday, May 26, 2020 9:33 AM To: Patty Burnette <pburnette@cityofokeechobee.com> Subject: Minutes Hi Patty, May I request a copy of the meeting minutes from the last Planning Board meeting? Thank you, Jennifer M. Tewksbury � EXECUTIVE DIRECTOR x 863.467.0200 jennifer@economiccouncilofokeechobee.oro 1679 NW 9th Street, Okeechobee, FL 34972 www.economiccouncilofokeechobee.org 1 •Jack Dwerhoof uc+nh. q1p4xrI4r4 Kevin � 2f�n�vur Er.q ,Hary V L!jvvD, p Planning Board Meeting May 21, 2020 Q. 4Lake Okeechobee News 107 SW 17th Street, Suite D A14DEPENDENT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee CountW-Mlrida, that the attached copy of an advertisement being a ` in the matter of ("w-% i L c -r 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 Lake 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. Katrina Elsken Muros Sworn to and subscribed before me this day of t's '+ AD r� Notary Public, State of Florida at Large ANGIE BRIDGES :,• „ MY COMMISSION # GG 97t582 EXPIRES:Apd120, 2024yriters f 4c c Bonded Thru Notary Public Undery PUUMCNt7fI(i PIANP�rf•BOJIRD/BOARDOFAQ7USIMEN S FETING Nt7IICE IS WEt�Y ta1VER date at the�y cf=!::: ee tE eoatd and Board of AdJuShnert (PB�BC.4) w� mndida �egdar �„, y Zm ,8�ae asP�,at'av" ASENA mnYaaan theardyofolaaalpbee, t6rY.ffyauremamsiar�, Rebin Brody BE+DRe a3o «� me day of the, e63- �� s>z ant: have optiws ro stbn9t pubic and/or questWts by 3d3o PM the day of the svhTn t h 863-7&3-Me 2eaFmntoeft rca0tl�0Ga�nuss5pt toan of 91TlR� toeftyeern�e roan em• .5be�eadddoded t i�oe nuesisage dit , ad tha maettnry Cadaa the Ga�eral Servbes�wkh am CMT Erl be tested and CMT aFrak be aBerded egral �a61on.M ■ k were atM�ed h o�rnnkirgappmpriami�i'�'garaW afferr�fartesUnwnYana alfatfi9 swan testinory. ANYPERSON o�IDRGTOAPPEALanydm9on made "the= wRhrespe'ttoarrynellamrc�damatmsmeetlngwknemto the ter ba8m record tithe pr..IV Is made and the remid lodidesthe WOraay and eAdm �tppaa�� whidr the ��yI M be base, N amdance wRh me Amalrarswlh DFab�iesA2(AL14,'ary w#hadsabRyasdelire�l b/ dia rwa ff. need; � ai ID Min tmhkk p,o�ad�q cord the Gmerd Sevlos Dflio= ro later than bio b!= t days ptr fii Pmoee ft 863-763-3372 13EADVISMt t�,ori3yoetmrdtostrowary video ordiRsiathePe/e�t4insuPPptaoPP�m- lOemantheagaidq,a copy Orme doa.nenc pkbxe� v or tan rnrat be Pm ickd to me Bowd saoelary for me Cot records Sr. t]akpersw Dam Fboer 408515 CN 5/13jM Lake Okeech 107 SW 17thS i Okeechobee, F 114DEPENDENT NEWSMEDIA INC. USA 863-763- STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Cckunty, orida, that a attached copy of an advertisement being a +i Le, in the matter of 1 n � f in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 131(a, ra Affiant further says that the said Lake 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. Katrina Elsken Muros Sworn to and subscribed b fore me this day of `� �4�-A A ,�`, � . f AD Notary Public, State qf ! Florida at Large ANGIE BRIDGES MY COMMISSION # GG 971582 EXPIRES: April 20, 2024 BOltded Thru Notary public Underwriter �4 NeW§ suite V" a 34974 '09"- � [I In CrrYOFOKEEC HOBEE PUBLIC NOTICE CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE iS HEREBY GIVVENI that a QUASI JUDICfAL PUBLIC HEAR- INGwilbeheldbeforeOeCLycfOkezdnbeePlann'mg8oad on Thur. May 21 2020 6 PM, oras goat (haeafla as Pte, at Cty FIaI, 55 9l aid AVVS� Okeechobee, FL, iD oxsider and nx a Input W R¢onut9 Petlfonf No. 1(F0024i sub ded b/ theMWO Id at owner Bat ire Real Fsm�, UC, ba re - M Fem(y Central Business Dict The pro f � � �� ofthe odstGig rrladral d l k- : CITY OF OI�ECHOBEE BEGINNING ATTHE NE CORNER OF LOT 2, BLOCK 171, TOWN OF 010=^cC1108E1=, ACCORDING TO THE PLATTHEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OFTHE PUB- LIC RECORDS OF Oi�ELHOBEE COUNTY, FL, AND RUN S ALONG THE E LINE OF LOT 2, AFORESAID A DISTANCE OF 14250 -FEET (Ff); THENCE W PARALLEL TOS PARK ST TO THE INTERSECTION OF THE W LINE OF LOT 3, BLOCK 171 EXTENDED S, THENCE N ALMK3 SAID EXTENDED W LINE A DISTANCE OF 142'M -FT TO THE S BOUNDARY OF SPARK ST; THENCE E ALONG THES BOUND- ARY OF S PARK ST' TO THE POINT OF BEGINWNG. SAID LANDS ALSO DESCRIBED AS FOLLOWS. LOTS 2 AND 3, BLOCK 171, TOWN OF OIO:C-CITOBEE, ACGOFIDING TO PIAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, ACCORD PUBLIC RECORD" OF OKECt HOBEE COUNTY, FI, ALSD THAT PART OF NORTH CURVE ST AND PART OF THE FORMER BUT NOW ABANDONED H. EAST COAST RAIL- ROAD 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 Or ST. LUCIE COUNTY, FL, LYING S OF AND ADJACENT TO SAID LOTS 2 AND 3, BLOCK 171, TOWN OF OI�ECFtOBEE AFORESAID; toge8ter with LOT 4, - K 171, TOWN OF OKETtHOB ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC REODRD9 OF OKEECHOBEE COUNTY, FL ALSO THAT PART OF NORTH CURVE Si AS SHOWN ON PLAT OF FIRST ADDITION TO TOWN OF OKEC�IOBEF, RECORDED IN PLAT BOOK 3, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUC[E COUNTY, FL, LYING S OF AND .'..'0..LOT 4, BLOCK 171, T0IAICT OF OKEECWBEE, ACCORDING TO THE PLATTHEREOF RECORDED M PIAT ROOK 5, PAGE 5, OF THE PUBLIC RECI(TRDS OF CJKEECTIOBEE CWNIY, FI-, AND LYING N OF THE FOLLOWING DESCRIBED LINE OOMMENLE AT THE NE CORNER OF LOT 2 OF SAID BLOCK 171; THENCE S 00°01'50"W, A DISTANCE OF 14250-FT;THENCE S90°00'00"W,A DISTANCE OF 100.0 TO THE SOUTHERLY EXTENSION OF THE E LINE OF SAID LOT 4 AND THE POINT OF BEGINNING, THENCE CONTINUES90°00'00"W,A DISTANCE OF34.64-FTTOTHE POINT OFTERMINUS. The meeting wM be held pursuant to B ecutim Order Na 2069 UR red b/ Gcyanpr DeSands on Mardi 20, 2020, and edaxlea by r MIM Order Kb - 2D -112 effect o.2D-112efect eMay4,2020.Mmidpalliesmaycerdtctmeebrgsof y& ening boards wdhout having a quorum of Is rtardtes plays at art/ logon, and � mnvrertiantbns n-=�r�[�y(U� sdrastdeptnneavftoxdeadg,asprmAcbdbySeit 12D.54(SHb)2, Florida StahtLn. The Plarvdrg Board wu pordnd this meebg usirg tr44ff to oxnsttute a quorum Zoom.00m, a webhlsed virtual ntcetYrg p6tform allow the -naming Boarl, Staff and public to P�R� vie 6p1oP, r)a�p sn3R phor�e,ortelaplarm - - nthe mee-C, be pub lshadwththeagerdaontheweJmleatatydo!eechobee. agendas.hbri IF you need asststa oxo Patl.Y Burnette BEFORE 4330 PM on the day of the meefblg, t�Gi-7Gi-3372 ext 9824. p„ y,aQ,mert CbDens have optionstosubmit pubficoomrnents and/or questions by 3A0 PM the day of the meeting; submit in writing to pbu including Your rain-, address and topic of comment; t; or call the General Services Of iiae, 863-763-3372 ext 9824, to either dictate your message to an en- ployea ar leave a detailed voice message with a call bade number. Cornurleds vn1, be mad aloud during the cmesponding item(s) of the meeting. Contact the General Services Office with any quer tions. Evideroe, tastimotW and argument which is offered utilizing UTr shall be afforded equal confider lm' as if it were offered in person Persons irnhendog m oFferswom testimony are respor�vbie formakingappropriatearrangementsforofferingsworntestimony. The Pelitim can be viewed on the website dtrubkeedrobeeoWpublicno- boa nL A Rdk Hearing for a Rezmng Rettan is hardled as a "Quasr-Aa tial" prooeadrg, meaning a marner s n' to a oxd hearing testimony and Iqueslioning presenters who s d* d Board to arm �d daddares n evidence. h dawn h7appnwe or clan the Fp66on wit be kwarded to IM Cly Camd, TgQTATiVM sdreduled 6 PM on.Lare 16, 2020, (Fist Rearing) aril Public Heiadig on July 7, 2020 (Hnad Adoption). ANY PERSON DECIDING TO APPEAL anydetison made by the Planning Board with respect to arty mWer mrstlered at the meetirg wil reed m en - an a verbatim record of the proceeft Is made and the nalyd idrdes the Anand pDn vAilch the appeal will be based In accrordance erions wLhuDisablhes' Act (A any p- wffi a doW as delirred by the ADA, tltrt needs special aomrmcdatbn m padcpate n this pnowco�ni9,the 863-�33T Services 17LficenoMer hanhwbsk>Pssdays BEADVISEDOIatdoM you WeWtDImarrl doaarrerR pM m, videoor AenretothePlanningBoardtoarpportoroppcdtbntoary enontheagarW, a olpyof the d0oarrent, pidtve, video„ or Rem must be PruMM to the Board Seaemry for the Cry's mmrds. BY. ZrxnngAdmin6lydfor Marox MontesDeO No 2DO02-R 407469 ON 5/6,13/2020 T, aNDEPBNDENT NEWSMEBIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, arida, that _ the attached copy of an advertisement beC.p—, 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 S 1 L-' I I � f AU'A Affiant further says that the said Lake 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 advertisementfor -- f--orr publication in the said newspaper. " �--" Z� ) 12 4 � � Katrina Elsken Muros Sworn to..and subscribed before me this , ivy day of\1 t ��:�� AD Notary Public, Staterof Florida at Large ANGIE BRIDGES MY COMMISSION # GG 971582 Q EXPIRES: April 20, 2024 ,'•:,QCF„D.•' Bonded Thru Notary Public Underv/dters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 QTYOFOKEEC HOBEE PUBLic NOTICE CONSIDERATION OF A PROPOSED SPECIAE IXCEPfION OTICE IS HEREBY GIVEN Uhat a QUASI-3UDICIA. PUBLIC HEAR- IGwilb,erbdoreUreCtyofOke t��1 a[GryFon 55 SE ay 2] 2020 at6PM,orass�nttas CD andr�eNe I Ave. CouloiQambms, Ren 200, Ol�athobee. n-., ��+ xt on Spedal Ewoeabon Na a7(02 -SE smTrdc d tr B m, r- on >,VfaPlaidEadof I�tP&frg'rtagin9��T�Feoo1=_um,Lteon haFofUteprDpedyavrher � he pe tion mg0ts tD albw a P use of a oxrvrnienm grxe with R,,, narct rrfeerte cone WEST ROAD w -s. �E ,: Wff CE NORTHERLY AT 900TO fAtNCE OF 40 FEET TO THE POINT OF BEGIN TMEN�r r, NplfIIIERLY A DISTANCE OF 27 FEET: 4T 90° A DISTANCE OF 7I1 FEET: THENCE SOUfHERL' DISTANCE OF 17 FEET;'7HENN<f WESTERLY AT90°ADI 2D FEETTOTtIE pOINTOF BEGINNING. The TTg Abe =MID Io -cu' a Order r t �rh 7D. 2020, and o. 1�' s. The aaWn PNlonUteclay aoheTn=1U,—"� — '—' Pubfic COMM& Othents have q,b0nstosubmitWbfic cormnent acrd/or r ,Ajom by 3:00 PM the daY of the =09; submit in wrrt'ng To PWcm^'JL^natY�'fO'com BhdhKlir7 Your name address and 6oP� of conhme+h� a oll the General Senn bD Qfhte, 863-763-3372 ext 987A, fA either d'rdete= a II � number or leave a detailed voice nvsarle s a 1s vinll be read a ' as .t'AIF Ig i ar�iyn qui s, ., mons and argument vahxih Ls were utlmnl CMT shall Ge aRordal [gwl oorhsxkrafion asrf A orae offered it pe��n persons intending m ober sworn tr5tmorry aro respahztbM for rrhaldng app,opnate an-argenxntsfor offedng sworn lestimonY The oxN tlm.hlm1, Tithe Boatd ofAdlratrh>ght� the on d kbh9 'on th nhdtte<tD approve order/Special ANY PERSON DBCIDIM!O APPEAL arty deddat made by the Bom wthrespecttoamsffe oxsderedatUfsmeeting YA need tDmetasave batim record of the Prooa2dn9 is made and the record h6ides Ore WOW and evNerne f ft edidh the appeal w9 be based. N �ambxiidya�nm with 0 qr,heriarswthD'i5abif6esAtt(ADA),artypa-wihe bayas ""W Uhe ADA, Uhat needs ac>vnrvrhodallan m per, � no �r ltNn 1YA b H d a�a� d� BE ADVISED that shoed you trhthand tD show Ae'the or fres tD the Baud b suppa tea appaobnmatbe Pry 1D Boz * by: Zn ,, AdrttnSUahDr Manns Montes De Oa, PMW No. 2-002-:E �'°F oKFF�y CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT MEETING ora�aua 55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974 5. OFFICIAL AGENDA MAY 21, 2020 6:00 P.M. Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by Executive Order No. 20-112, effective May 4, 2020, municipalities may conduct meetings, of their governing boards without having a quorum of its members present physically or at any specific location and utilizing communications media technology (CMT) such as a telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes. I. CALL TO ORDER A. Pledge of Allegiance II. ATTENDANCE Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Alternate Board Member Felix Granados Alternate Board Member Jim Shaw City Attorney City Planning Consultant Ben Smith Planning Board Secretary Patty Burnette General Services Secretary Yesica Montoya III. AGENDA A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Motion to adopt agenda. IV. MINUTES A. Motion to dispense with the reading and approve the April 16, 2020, Regular Meeting minutes. V. OPEN PUBLIC HEARING A. Deferred from the February 20, 2020, March 19, 2020, and April 16, 2020 meetings, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 20- 002 -SSA, from Single Family Residential and Multi -Family Residential to Industrial on 2.87± acres located in the 500 to 600 blocks of SW 7t' Avenue (Exhibit 1). 1. Review Planning Staff Report - recommending denial. 2. Hear from Property Owner or Designee/Agent - Loumax Development Inc, on behalf of the Property Owners Nemec Children's Trust. 3. Public comments or questions from those in attendance or submitted to the Board Secretary. May 21, 2020 Planning Board Meeting Page 1 of 3 V. PUBLIC HEARING ITEMS CONTINUED A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 20 -002 - SSA continued. 4. Disclosure of Ex -Parte Communications' by the Board. 5. Consider a recommendation to the City Council to approve or deny Application. a) Board discussion. b) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively June 16, 2020, 6:00 P.M. QUASI-JUDICIAL ITEMS B. Deferred from the February 20, 2020, March 19, 2020, and April 16, 2020 meetings, Rezoning Petition No. 20-001-R, from Residential Multiple Family to Industrial on 2.87± acres located in the 500 to 600 blocks of SW 7 1 Avenue for the proposed use of expanding the existing industrial facility located to the North (Exhibit 2). 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending denial. 3. Hear from Property Owner or Designee/Agent - Loumax Development Inc, on behalf of the Property Owner Nemec Children's Trust. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. Consider a recommendation to the City Council to approve or deny Petition. a) Board discussion. b) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 7, 2020, 6:00 P.M. C. Rezoning Petition No. 20-002-R, from Residential Multiple Family to Central Business District for Lots 2 through 4 of Block 171, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records, Okeechobee County, on 0.50± acres located at 204 Southeast Park Street for the proposed use of a medical office (Exhibit 3). 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report - recommending approval. 3. Hear from Property Owner or Designee/Agent - Loumax Development Inc, on behalf of the Property Owner Nemec Children's Trust. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. Consider a recommendation to the City Council to approve or deny Petition. a) Board discussion. b) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively July 7, 2020, 6:00 P.M. D. Special Exception Petition No. 20 -002 -SE, to allow a convenience store with fuel pumps within a Heavy Commercial Zoning District, (Ref. Sec. 90-282(25)) on 18.86± unplatted acres, located in the 900 to 1000 block along East North Park Street/State Road 70 East (Exhibit 4). 1. Administer of Oath. Anyone intending to offer testimony on this Petition will be required to take an oath, respond, and give your full name and address. 2. Review Planning Staff Report — recommending approval. May 21, 2020 Planning Board Meeting Page 2 of 3 QUASI-JUDICIAL ITEMS CONTINUED D. Special Exception Petition No. 20 -002 -SE continued. 3. Hear from the Property Owner or Designee/Agent - Ms. Samantha Jones, Engineering Project Manager with Thomas Engineering Group. 4. Public comments or questions from those in attendance or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications' by the Board. 6. Consider a motion to approve or deny Petition with/without special conditions. a) Board discussion. b) Vote on motion. CLOSE PUBLIC HEARING VI. ADJOURN MEETING 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting 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. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. May 21, 2020 Planning Board Meeting Page 3 of 3 N City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101I"Hearing: Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 1 -10 -,?C) Petition No. Fee Paid: Jurisdiction:' -�io-�.� 2" Hearing: _ _a publication Dates: Notices Mailed: N11A APPLICATION AOR COMPREHENSIVE -PLAN AMENDMENT TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: J F'1` �� t Verified Zoning Designation: t�Yl Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment x❑ Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. Date *Attach Notarized Letter of Owner's Authorization Signature of Owner or Authorized Representative* For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 ArPLICAS An needed, nu Sub maps, to thg to be subm 1, the amendment i Applicaton for Comprehensive Plan Amendment (6/09) 11.: APPLICANT/AGENVOWNER WORMATION LOUMAX DEVELOPMENT INC Applicant P.O. BOX 5501 Fort Lauderdale FL 33310 City State Zip 954-347-1077 NJMARKUS@GMAIL COM Telephone Number Fax Number e E -Mail STEVEN L. DOBBS Agent* 209 NE 2ND STREET Address OKEECHOBEE FL 34972 City State Zip 863-824-7644 SDOBBS@STEVEDOBBSENGINEERING.COM Telephone Number Fax Number E -Mail �cJ� G� !� • ray ��.� �; �, 4F&J_(r�IP NEMEC CHILDRENS TRUST Owner(s) of Record 5243 EUROPA DRIVE, UNIT P Address BOYNTON BEACH FL 33437 City State Zip 863-634-4497 Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218. Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) IL. REQUESTED CHANGE Please See`Section V. Fee Schedule A. TYPE: (Check appropriate type) ❑ Text Amendment EX Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): TO CHANGE THE FUTURE LAND USE OF THE 2.87 ACRES OF THE THREE PARCELS FROM -REMENT4AL MULTI FAMILY TO INDUSTRIAL �yI n •_ _ !1 r A. PROPERTY LOCATION: Site Address: 500-600 BLOCK OF SW 7TH AVE, OKEECHOBEE, FL 34974 2. Property ID#(s): 3-15-37-35-0010-01910-0010,3-21-37-35-0020-02510-0130, 3-15-37-35-0010-01900-0010 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) V 1. Total Area of Property: 2.87 ACRES 2. Total Area included in Request: 2.87 ACRES a. hi each Future Land Use (FLU) Category: b. Total Uplands: 2.87 ACRRS C. Total Wetlands: 0 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) Rzsicerlt-.1 3. Current Zoning: SINGLE FAMILY RESIDENTIAL & MULTI -FAMILY RESIDENTIAL 4. Current FLU Category: MULTIFAMILY RESIDENTIAL ►'�? `F� tr t �� P� r';,r ?:� # g 5. Existing Land Use: VACANT 6. Requested FLU Category: INDUSTRIAL D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Proposed FLU Category Category Residential 2.87 0 Density (DU/Acre) 10 0 Number of Units 29 0 Commercial (sq.ft.) 0 0 Industrial (sq. ft.) %MENDMENT SUPPORT DOCUMFNTATir At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. 6P GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. ✓2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. �%3. A map showing existing land uses (not designations) of the subject property and surrounding properties. V'4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. ✓5. Map showing existing zoning of the subject property and surrounding properties. �i. Certified property boundary survey; date of survey; surveyor's name, address and V/ phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. J19. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. ,/ 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; ✓ b. Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: ✓1. Wetlands and aquifer recharge areas. /1'2. Soils posing severe limitations to development. 1/3. Unique habitat. ✓4. Endangered species of wildlife and plants. ✓ 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN '/ 1. Discuss how the proposal affects established City of Okeechobee population projections. ',%2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE " ,'- Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each D, 1, NEAL MARKUS , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. Signature of Owner or Authorized Agent Date NEAL MARKUS Typed or Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was certified and subscribed before me this day of 20_ , by , who is personally known to me or who has produced as identification. Notary Public Printed Name of Notary Public Commission Expires on: For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 7 of 7 -_Y LJJdL 1 am me owner or aumorizea i all answers to the questions in this appliceti matter attached to and made a part of this ai ledge and belief. I also authorize the staff c Loumax Development, Inc. City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding, properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a parcel that has a Future Land Use (FLU) of Industrial and is being used as an Industrial use. To the east of this parcel are single family residences with a FLU of Single family. To the south, all the land has a FLU of Multi Family with a vacant structure that used to be a childcare facility. To the west there is a parcel, undeveloped, but with a FLE of Multi Family. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are vacant or undeveloped, with the exception to the east. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached S. An aerial map showing the subject property and surrounding properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 2.87 acres of Single Family on blocks 190 and 191, but the western parcel has a FLU of Multi Family. Blocks 190 and 191 total 1.27 acres and the maximum density of the FLU Single family has a maximum density of 5 units per acre, which would yield a total of 6 units. While the western parcel of 1.60 acres has a FLU of Multi Family that has a maximum density of 10 units to the acre for a total of 16 units. For a total traffic count of 163 daily trips and 16 peak PM hour trips. The proposed FLU Industrial for these parcels would have a maximum density of 187.5 KSF with a maximum of 3 stories according to the City's Comprehensive Plan, which would yield a total of 1,307 daily trips with a peak hour of 182 trips. This represents an increase of 1,144 daily trips and 166 peak hour trips. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. While the proposed project at maximum density will generate more than an additional 100 trips per peak hour, a traffic study will be presented at site plan, if needed as the current owner does not plan to build 3 stories. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten-year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses Assume 2.5 residents per household Current = 22 * 285 = 6,270 gpd Future = 0 * 285 = 0 gpd (2) 0.15 gallons per day per square foot of floor area for nonresidential uses Current 0 * 0.15 = 0 gpd Future 187.5 KSF *0.15 = 28,125 gpd This represents an increase of 21,855 gpd b. Recreation, and Open Space demand for residential uses o'13 acres per thousand peak season population. The proposed project is industrial and has no open space requirements. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; Please see attacliud letter lrom Waste Nlanagement. b. Water and Sewer: The impact ofthe potential FL.I.1 change is addressecl in the letter provided by MIA. c. Schools. "lliere will be a net reduction in student potential with this clean,=int the FLU from residential to industrial C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the US Fish and Wildlife Service. From this map, there appear to be no wetlands on the subject parcel. 2. Soils posing severe limitations to development There are two soils present at this site from the attached NRCS Websoil Survey, Immokalee Fine Sand, 0 to 2 percent slopes, and Myakka Fine Sand, 0 to 2 percent slopes. These soils do not appear to have any limitation to development. 3. Unique habitat. This parcel is undeveloped but provides no unique habitat. 4. Endangered species of wildlife and plants. Since everything around this parcel has been partially developed for many years and with all the development around it, it does not provide the conducive habitat for endangered species. 5. Floodprone areas. According to the attached FEMA map 12093C0480C, the subject parcels are within Zone X and shown as an area of minimal flooding. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. This parcel is currently undeveloped. With the anticipated Industrial prcject, no residents will be added to the City population. No adverse impacts to the City populatioYl projections are expected, witla the projections in line with the Cities anticipated growth and concurrency projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no efle.ct to the Comprehensive Plan .Amendment's Policies and Objectives frons this request. 'The minimal increase in density will not change the ability of the city orany other utilities to provide available water, sewer, or roads. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is an undeveloped parcel but will have very limited impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state .requirements, this application is also consistent with the State Policy Plan and Regional Policy Pian Goals. Since the major concern as stated in Chapter 163.006 (5)(1) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply undeveloped land inside the City Limits for development or infill, which is the preferred development pattern, E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all a ore CaiiSivris ■itaue in cuiouOcuic a iore wiaaa ade uacc, data and analysis. Proposed Conditions For the proposed Industrial Land Use designation, the maximum development is approximately 50% building coverage, 3 stories. L 1.2.d. Use Measure Rate Gallons per Da Single 22 Units @ 2.5 114 gppd 6,270 gpd — water/sewer Family/Multifamily people per unit (Existing) Industrial (Proposed) 187.5 KSF 15 GPD per 100 sf 28,125 gpd — water/sewer 21,855 gpd — water/sewer Net Impact Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.89 mgd for the period of April 2018 through March 2019. The average daily flow of the wastewater treatment plant is 0.916 mgd of the 3 mgd plant for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Waste Management has previously indicated they have a 100 -year capacity left in their facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0480C, this parcel is in Flood Zone X. There are no wellfields within 1,000 feet of the parcel. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off-site will be minimized by on-site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: ® Oil and grease skimmers; ® Environmental swales; ® Minimize "short-circuiting" of pond flow patterns; ® Raised storm inlets in grassed swales; ® Utilize stormwater retention where feasible; and Street cleaning and general site maintenance. Parks and Recreation This will be an :crzclustri<d develop:rnent with no Park and Recreationrequirement. Hurricane Preparedness This project is located outside any project storm surge areas within the City of Okeechobee. The current Florida Building Code requires impact windows and doors, if the residents desire to remain in the units, but management will encourage them to leave. Miscellaneous Data Parcel Control Numbers Subject to this Applicatiion 3-15-37-35-0010-01910-0010, 3-21-37-35-0020-02510-0130, and 3-15-37-35-0010-01900- 0010 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. NEMEC Children's Trust City of Okeechobee Future Land Use Amendment Surrounding Property Owners FLU Exhibit 4 ...+;, Public _. Facilities _ NEMEC Children's Trust City of Okeechobee Land Use Amendment Surrounding Property Owners Land Use Exhibit P Wt AIA lore yt`` At L t. i A-3 A,5 NEMEC Children's Trust City of Okeechobee Surrounding Property Owners Zoning Exhibit vx� BOUNDARY SURVEY PREPARED FOR L 0 UMAX DEVELOPMENT, INC. suu .IIS, YAP SCALE: 1 NCH . 60 niT MTCNOW alSPLAr SLATE II J STANDARD NOTES: No search of the public records for delerminatlon of ormarshlp or reslrlctions affecting the lands shown res p.,(ormed by the surveyor. The survey depicted here Is prepared ..dusively for those parties nated. Nu reeponslblllly Qn = or liability Is assumed by the surveyor for use by other not specifically named. Not wild without the slgnolure and embossed sed of Flo, do Ilcansed survayor and moppd /4820, There are no Nalble oboes ground encroachments ....pl as Mown. CO y m No attempt was mode to locale underground knprovements and/or waocchmenls (If any) as part of this survey. This sw y was prepared h accordance with and Cwforms to the standards of proctice for professional wrwyors and mappers m Z -Ulnad In Chapter 53-17, norldo Adminlsl .U. Code. O " Z PREPARE FOR TR Ex usl usE OFTRADEIVINDS SURVEYING SERVICES, LLC. LEDEND f O LOUMAX DEVELOPMENT, INC. o -Set Iron Rod and Cop -KAB LS 4820- ■-Found CM (,+ 200 S.W. 3rd Avenue 0 -Found van Rad (and Cop) ID -Found In pe Oona cap) Okeechobee, FL. 34074 ABBREVIATIONS p 4:8,13 •Bu.eenuvnen; E•finle ; C•Cdr.wlyd; CArV Ce TY, w. 1 Cone.l• Yawmml; COMC•Cenar.t•; a-aw¢ a -Odle > Calrol MpN; C•CMI; tJ TOM sow'¢ DESCRIPTION DWG7. DATE BY CK /I\ n onf2 a solo snwmlumL Tel: 883 783-2867 E'Lr-Emadr E/P.Eeq. el Dewm.nq CSNTdaewn.nl: r,lR u..rlooe Livens J EA BOUNDARY SURVEY 01/02/20 WC KAB Fax: (663) 763-4342 Rel. ueP: PNa F-4: W-uw, Pb¢ :Rett) -ea Roe 1-:o Cm): L-(A,e) L• q9 ; O O REVISE LEGAL DESCRIPTION 0)/31/20 WC RD u-u•e Ib: oN-uw,m; N-Nwm; n'LT-we,mmr. N Au)-NPuw.a C -1k • Email: kab.twps®yahoo.cotn woad jU-) of 1929; Ni5•Nat le S.d.: oNw.mwhwd wv.c t-P,apwly Q L-. P -ROI; PC -P- el Glr,ol - PCC -P- el C•- -d Curwlwr; PC9- D •LST ewt-O-e.1 V[ O >• 11R P--Cakd Pent POB•P> l of W9ne L:9; —p -al C" --I: KAL; o rAml m eru s o9asa2' L PRC -Pahl el Rewe Curwlw.; P$ -Pwrn— Pel.rw,<. Nmum•n:; PT -Pool FB/PC: 354 9 SCALE: 1' w SDS ' PI 'a w PVso-Punik UIIIII, -a a—g.' H-NoeVe: Rw-Rlp I -el -war. Richard Barnes, 111, PSM 7074 s -S -IN ;{ St-' '-T"a°"`', m -'"'P""' sf""" alm B. FILE: 33421 JOB N0: 33421 wLr-Weetsnr unL• kNt)(1.); yar-spot u..alwa na.•d m Ne<eln Damm. A, L. Wannnty Dccd HCRBCO Form A 011 By Individual BUOK WS FACEI436 This Instrument prepared by:FILEQ �GRIREGO�,D 11 Li JAMES2001 a each Lakes Blvd., #40001(EEGH�?::; C I West Palm Beach, Florida 33409 © g0 pUG 31 PC{ 2t CLERK OF CIRCUIT C Ok1RT VP - made this1 1dny of August 19 90 ... - - -- - - Between JAMES NFl"= and RLTili B. Mav=, bis -wife having an address at County of Palm Beach, State of Florida, grantor,' and RUTH GENEVIE.'VE SPRADLEY and GALE BARTLETr NLaY=' , as Trustees grantee% whose post office address is 7530 Clarke Road, Lake Clarke Shores, Fl. 33406 WitUPSSICHI : That the grantor, for and inconsideration of the sum of $ 10.00 and other good and valuable considerations, receipt whereof by grantor is hereby acknowledged, has granted.bargained and sold to grantee, and grantee's heirs, legal representatives, sucLessors and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida: All of Block 191, TCF.ON OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records, lying in Okeechobee County. That portion of the Florida East Coast Railway Company Right -of -wax, since abandoned, and of North Curve Street,, since abandoned, as shown on Plat of First Addition to Okeechobee, Florida, as"'recorded in Plat Book 2, page 26, of the Public Records of Saint Lucie County, Florida, and in Plat Book 1, page 11, of the Public Records of Okeechobee County, Florida;which is bounded on the West by the Northerly ex- tension of the West Line of `Block`s 251 (same also being a part of the East line of a tract of land known as 4;:STATION GRDUNDS of said Railway C Yz and on the South by a line extending from the Southerrmlost Poant o B1 c �, as shown on the Plat of the Town of Okeechobee, as recorded in Plat Book 2, page 17, of the Public Records of St. Lucie,itbunty, Florida, and in Plat Book 1, page 10, of the Public Records of Okeechobee County, Florida, in a Westerly direction, said line being North of and parallel with the Westerly extention of the North line of Third Streets and which is bounded on the North by the Westerly extension of the North line of Flfth Street, of said Town of Okeechobee aforesaid and all that part of Fourth Street and Fifth Street lying West of Seventh Avenue. in said town of Okeechobee. Lots 1 to 6, inclusive of Block 190, 0I9MCIOBEE, according to the plat thereof re- recorded in Plat Book 2, page 17 of the public records of St. Lucie County, Florida. afv! 1ef4rr with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. go 9-J aur aub to 9Q0Ia r the same in fee simple forever. A 1Mib the grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the some against the lawful claims of all persons whomsoever; and that, except as above noted, said land is free from all encumbrances. "Grantor" and "grantee" are used for singular or plural, as context requires. EYE Witness iffl4 erre wf ,grantor has hereunto set grantor's hand and seal the day and year first n ve written. Signe e sealefyand delivered in our presence: tt(7ljJ- ricLa earson STATE OF FLORIDA COUNTY OF PALM BEACH / The foregoing instrument was acknowledged before me this oZ4 day of August , 1990 , by .TADS NEMEC and RUTH B. NEMEC, his wife. �j o ary hlic nj • I �- ,�< My comfpission expires: 1 .l NOTARY PUOLIC STATE OF FLORIOA�;� �-`: `'• • MY COMISSiON EXP Jur:E 22,1993 BONDED TNRU dENERAL INS. UID. -- 0 J W, 2- z M rD Ln RESIGNATION OF TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEE OF NEMEC CHILDREN'S TRUST AGREEMENT WHEREAS, JAMES NEMEC, (the "Settlor") created the Nemec Children's Trust Agreement dated December 30, 1985, sometimes referred to as the "Nemec Children's Trust Agreement of 1984" (the "Trust") naming RUTH GENEVIEVE SPRADLEY and GALE BARTLETT NEMEC as the initial Trustees of the Trust; and WHEREAS, Article VIII, Paragraph A. of the Trust provides that if either RUTH GENEVIEVE SPRADLEY or GALE BARTLETT NEMEC cease to serve as Trustee, then a majority of Settlor's children shall appoint a Successor Trustee by majority vote, who may be an individual or a corporate trustee; and WHEREAS, GALE BARTLETT NEMEC wishes to resign as Trustee; and WHEREAS, a majority of Settlor's children wish to appoint JOY NEMEC LOPER, to serve as Successor Trustee. NOW, THEREFORE, the parties hereto agree as follows: GALE BARTLETT NEMEC hereby resigns as Trustee of the Trust; and 2. Pursuant to Article VIII, Paragraph A. of the Trust, Settlor's children, DEBORAH A. NEMEC, a/k/a DEBORAH N. TYNER, RUTH GENEVIEVE SPRADLEY, GALE BARTLETT NEMEC, and JOY NEMEC LOPER, hereby appoint JOY NEMEC LOPER to serve as Successor Trustee. 3. This document may be executed in separate counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. DONE and EXECUTED upon the dates indicated. WITNESSES: `1 RESIGNING TRUSTEE GALE BARTLETT NEMEC, Trustee 0 CHILDREN OF SETTLOR WITNESSES: i DEBORAH A. NEM C; Child of Settlor Date: 1(-1(7,1 I L WITNESSES: 1 WITNESSES: WITNESSES: WITNESSES: 1 RUTH GENEVIEVE SPRADH'E hild of Settlor Date: 10 63 1 t �' GALE BARTLETT NEMEC, Child of Settlor Date: EC LOREAYChTd of Settlor Date: 10113 ACKNOWLEDGMENT OF CURRENT TRUSTEE 1�. RUTH GENEVIEVE SP RA LE , Trustee �! Date: 10/(3/1?, WITNESSES: WITNESSES: CHILDREN'' OF SETTLOR DEBORAH A. NEMEC, Child of Settlor Date: RUTH GENEVIEVE SPRADLEY, Child of Settlor Date: WITNESSES: �� ' a` (]�iLE BARTLETT NEMEC, Child of Settlor Nmw l��ns p LQ� Date: mvc WITNESSES: WITNESSES: JOY NEMEC LOPER, Child of Settlor Date: ACKNOWLEDGMENT OF CURRENT TRUSTEE RUTH GENEVIEVE SPRADLEY, Trustee Date: City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 T,ANT) TPRP POWER OF ATTORNEY Name of Property Owner(s): NEMEC CHILDRENS TRUST Mailing Address: 608 HARBOUR POINT WAY, GREENACRES, FL 33413 Home Telephone: Work: Cell: 863-634-4497 Property Address: 500-600 BLOCK OF SW 7TH AVENUE Parcel ID Number: 3-15-37-35-0010-01910-0010, 3-21-37-35-0020-02510-0130,3-15-37-35-0010-01900-0010 Name of Applicant: LOUMAX DEVELOPMENT INC Home Telephone: Work: Cell: 954-347-1077 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. W WITNESS WHEREOF TIS UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS b DAY OF OA --,a, !;; �VNERWITNES�I OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this qday of 2 202 O �v ago Notary Public State of Florida 1 =°� Gregg VGullo mmission 81960Notary Public: �� Vry Co ti pa 031051202222 Commission E yr Q_ Expires bs �04` R,'�"" (Rev 9/2017) Page 5 of 11 City of Okeechobee 55 SE 3`I Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: S63-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): NEMEC CHILDRENS TRUST Mailing Address: 608 HARBOUR POINT WAY, GREENACRES, FL 33413 Home Telephone: Work: Cell: 863-634-4497 Property Address: 500-600 BLOCK OF SW 7TH AVENUE Parcel ID Number: 3-15-37-35-0010-01910-0010, 3-21-37-35-0020-02510-0130,3-15-37-35-0010-01900-0010 Name of Applicant: LOUMAX DEVELOPMENT INC Home Telephone: Work: Cell: 954-347-1077 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNE S WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND -AND SEALS THIS '7L!A2�6; THE S V OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this day of Notary Pu ic: SEA, JACQUELINE D. CLEMENTS Commissioi xpires: C)Z MY COMMISSION # GG 063981 FXPIRES:FebruM5.2021 ''•. ;oF F� °. ' Bomed Thru Notary Public Undeny iters (Rev 9/2017) Page 5 of 1 I Patty Burnette From: Steven L. Dobbs, P. E. <sdobbs@stevedobbsengineering.com> Sent: Wednesday, January 15, 2020 7:35 AM To: Patty Burnette Subject: Emailing: 2019-043 Comp Plan Signature Pages 01152020.pdf, 2019-043 POA additional 01152020.pdf Attachments: 2019-043 Comp Plan Signature Pages 01152020.pdf, 2019-043 POA additional 01152020.pdf Patty, Please find attached the signature pages for the comp plan as well as additional Power of Attorney signatures. I will bring the originals to you this afternoon. I am not sure why they gave me additional power of attorney pages, but I figured they may be needed. Please call with any questions. Steven L. Dobbs, P. E. Steven L. Dobbs Engineering, LLC OFFICE: 209 NE 2nd Street Okeechobee, FL 34972 MAILING 1062 Jakes Way Okeechobee, FL 34974 Phone: 863-824-7644 Cell: 863-634-0194 sdobbs@stevedobbsengineering.com ************************************ This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. *********************************** Your message is ready to be sent with the following file or link attachments: 2019-043 Comp Plan Signature Pages 01152020.pdf A, 1-11 i76 T; T-4 (2--63-7,6S--,4 606 -LID "J32 11F,!D, AYI-Ii QCTIIRIIIIF-ilf,117�1-1' 60,0> 'T.11TB-OUP POFIIT vl.,�YCIRTEMACRE-S, TT, 33413 0 21 H: 10,63-634-2497 7,) 500-0-00 BILOCK OF SW MIT Pn2-cm, NJD 3-15-37-35-0010-01910-0010, 3-21-37-35-0020-02510-0130,3-15-37-35-0010-01900-0010 r N. -Me LOUMAX DEVELOPNTMNIT LINC 'C'e 9: 954-347-1077 The midmi-sigacd, bwmg- dw record titin 01'111":Iqs) olfthe YeaA proporLy (Icscrib-i-A abave, do hcxeby grani unto gic applicant stated above the, full right and powor of altorn,-y to nialce applica-Tion to ffic City of0keewhobox to cha-11-1o, the land use of said properby. This hand usul chang(l, may include rezoning of fh,proporty, Vic granting ofspccial exception or variances, and appcals of &cisions of the Play? ming, Dopartmerkt. It is anderstood that conditions, limitations alld restrictions may L -c place upon the ljsf,- or operatior. of the property. Misstatorncnts upon application Or in any healing May resuft in 1,110 Wrinihation of any special c—cception or variance and a proceeding to rezone the property to ffit, ori-Aw0 classi-fication. This povier ofattoracymay be torminatcdonly by a written and nota�izod matement of such termination efi6cetive upon re-ceipt L-� thf, Plan-iiing DcPwd-tIuc-at. .1 hT "vA, 9X I ~ S VI=;F:,, R E 0 F IT D -1 t R- 41) E ,SIGNED 1.1 A V TEE SET T HE 1 r- I1IihTD AI\TD S E A17, S T S DAY OF 20 T OWNER wri'Mrss 01MITE-P, ris Before me thw widersigled autliori-ty personally appeared e(i(,- oviner(s) nained above who vpoa being dilly acknowledged before me fnat they aro ffic o-vviier(s) of the real property described abo-ve and fmat they exccutcd the Power of attox-ney -1,701. Vio plij-pose stated therein. Sworn mid subsqribed thi 20— ,Z,011 Q�e Commission # GG 102811 F piro G soptornbor 9, 202 Notary Public: S, E A I Commission Expires: (Rev 9/2017) Page 5 of 11 1/8/2020 Detail by Entity Name DIVISION OF COP.PO^ATIODIS ci - .��.* J�� pr Department of State / Division of Corporations / Search Records / Detail By Document Number / search.sun biz.ora/Inau iry/CaroorationSearch/Sea rchResultDetail7 ina u irvtvoe=EntitvName&directionTvoe=1 nitial& sea rchNam eOrde r—LOUMAXDEVEL... 1/2 ENGINEERING December 20, 2019 City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Subject: Loumax Development, Inc. Industrial Comp Plan Application Traffic Statement Dear Mr. Smith: Steven L. Dobbs Engineering, LLC, has completed an analysis of the traffic generation statement for the above referenced facility. The project is to change the existing Future Land Use (FLU) from the existing Multi Family and Single Family to Industrial. This analysis was based on a spreadsheet distributed by the Florida Department of Transportation, which is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (811 Edition). For the existing land use, the results indicate the existing 6 Single Family homes and 16 Apartments (ITE code 210 and 220 respectively) generates 163 total daily trips with 16 peak hour trips PM with 10 being in and 6 being out. For the proposed land use, the results indicate the 187.5 KSF of Light Industrial (ITE code 110) generates 1,307 total daily trips with 182 peak hour trips PM with 22 being in and 160 being out. For a change in Peak PM traffic of 1,144 total trips with 6 in and 154 being out. Should you have any questions or comments, please do not hesitate to call. Sincerely, Steven L. Dobbs Engineering Steven L. Dobbs, P. E. President CC: Neal Markus File 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824-7644 Cell: (863) 634-0194 Email: sdobbs@stevedobbsengineering.com Website: www.SteveDobbsEngineering.com Instructions: Trip Generation Rates from the 8th Edition ITE Trip Generation Report Enter Numbers into the "Expected Units" INA. Not Available KSF=` UnNs of 1,000 square feet in the Corresponding Yellow Column DU: Dwelling Unit Fuel Position: # of vehicles that could be fueled simultaneously Occ.Room: Occupied Room c Description / ITE Code -- --- __�' a expo anne Terminal010 Commercial Airport 021 Commercial Airport 021 Commercial Airport 021 General Aviation Airport 022 General Aviation Airport 022 General Aviation Airport 022 Units - - Berths Employees Avg Flights/Day Com. Flights/Day Employees Avg. Flighls/Day Based Aircraft Rate Weekday Dally Traffic - ---�_ --- 171.52 13.4D 104.73 122.21 14.241 1.971 5.00 PM Peak % PM % PM Period Rate In Out - ---- - - - NA NA NA 0.80 54% 46% 5.75 56% 441 6.88 54 % 46% 1,03 451A 55% NA NA NA 0-37 45% 55% ----- -_ Units ExpectedFDally (independenPM Peak variable) Trips - Total i 0 NA 0 0 0 0 0 0 0 0 0 NA 0 0 - - -- PM In NA NA NA NA NA NA NA -- - ®---- --- - 9-'�---_ PM Out Notes -NA NA NA NA NA NA NA Tnrck Terminal 030 ParkBRide w/ Bus Service 090 ParkBRide w/ Bus Service 090 Light Rail Station w/ Park 093 Light Rail Station w/ Park 093 Acres Parkin S aces Occ. Spaces 1 Space Occ. S aces 81.90 4.50 9.62 2.51 3.91 6-55 43% 57 % 0.62 22% 78% 0.81 26% 72%. 1.24 58 % 42% 1.33 '5 * 42% 0 0 0 0 0 0 0 0 0 0 NA NA NA NA NA NA Caution- Only3 Studies NA NA NA NA General Light Industrial 110 KSF 6.97 0.97 12% 88% 0 0 NA NA General Light Industrial 110 Em to ees 3.02 0.42 21% 79% 0 0 NA NA General Heavy Industrial 120 General HeavyIndustrial 120 KSF mpl ees DIP 1.50 0.82 0.68 NA NA 0.88 NA NA 0 0 0 0 NA NA NA Caution -Only 3 Studies. NA Industrial Park 130 KSF 6.96 0.86 21% 79%1 0 0 NA NA Industrial Park 130Em loees 3.34 0.46 20% 80% 0 0 NA NA Manufacturing 140 KSF 3.82 0.74 36% 64% 0 0 NA NA Manufacturing 140Em ees 2.13 0.36 44% 56% 0 0 NA NA Warehousing 150 KSF 3.56 0.32 25% 75% 0 0 NA NA Warehousing 150 Emto ees 3.89 0.59 35% 65% 0 0 NA NA Mini Warehouse 151 KSF 2.50 0.26 51% 49% 0 1 0 NA NA Mini Warehouse 151 Storage Units 0.25 0.02 NA NA 0 NA NA Mini Warehouse 151 Employees 61.90 6.04 52% 48% 0 NA NA High -Cube Warehouse 152 KSF 1.44 0.10 33% 67% 0 NA NA High -Cube Warehouse 152 Employees NA 0.66 35% 65% 0 NA NA Utilities 170 KSF NA 0.76 45% 5 5% 457 0 NA NA Utilities 170 Employees NA 0.76 90% 10% 0 NA NA Single FamilyHomes 210 DU 9,57 1.01 63% 37% 6 U 6 4 2 Sin le Famil Homes 210 Vehicles 6.02 0.67 66% 34% 0 NA NA Apartment 220 DU 6.65 0.62 65% 35% 16 0 1 106 10 1 6 3 Apartment 220 Persons 3.31 0.40 NA NA 0 0 NA NA Apartment 220 Vehicles 5.10 0,60 NA NA0 0 NA NA Law Rise Apartment 221 Oee.DU 6.59 0.56 65% 35% 0 0 NA NA High Rise Apartment 222 DU 4.20 0.35 61% 39% 0 D NA NA Mid -Rise Apartment 223 DU NA 0.39 58% 42% 0 0 NA NA Rental Townhouse 224 DU NA 0.72 51% 49% 0 0 NA NA Caution. Only 1 Study. Resd. Condo/Townhouse 230 DU 5.81 0.52 67% 33% 0 0 NA NA Resd. Condo/rownhouse 230 Persons 2.49 0.24 67% -33% 0 0 NA NA Low Rise Resd. Condo 231 DU NA 0.78 58% 42% 0 0 NA NA High Rise Resd. Condo 232 DU 4.16 0.38 62 % 38% 0 0 NA NA LuxuryCondar townhouse 233 Occ, DU NA OS5 63 % 37% 0 0 NA NA Mobile Home Park 240 DU 4.99 0.59 fit% 38% 0 0 NA NA Mobile Home Park 240 Persons 2.46 0.26 63% 37% 0 0 NA NA Retirement Community250 DU NA 0.27 56% 44% 0 0 NA NA Caution- Only 1 Study Eldedy Housing -Detached 251 DU 3.71 0.27 61% 39% 0 0 NA NA Caution- Only 1 Study. Congregate Care Facility 253 Occ.DU 2.15 0.17 56% 44% 0 0 NA NA Caution. Only 2 Studies .Elderly Housing- Attached 252 Occ.DU 3.48 0.16 60% 40% 0 0 NA NA Caution. Only 4Studies Recreational Homes 260 DU 3.16 0.26 41% 59% 0 0 NA NA Residential PUD 270 OU 7.50 0.62 65% 35% 0 0 NA NA Hotel 310 Occ. Room 8.92 0.70 49% 51% 0 0 NA NA Hotel 310 Rooms 8.17 0.59 53% 47% 0 0 NA NA Ho1e1310 Employees 14.34 0.80 54% 46% 0 0 NA NA All Suiles Hotel 311 Occ.Roem 6.24 0.55 42% 56% 0 0 NA NA Caution- Only 4 Sludles All suites Hotel 311 Rooms 4.90 0.40 45% 55% 0 0 NA NA Business Hotel 312 Occ. Room 7.27 0.62 60% 40% 0 0 NA NA Caulion-Only 4 Studies Business Hotel 312 Employees 72.67 7.60 60% 40% 0 0 NA NA Motel 320 Occ.Room 9.11 0.58 53% 47% 0 0 NA NA Motel 320 Rooms 5.631 0.47 54% 46%1 1 01 0 NA NA Motel 320 Employees 12.811 0.73 54% 46%1 0 0 NA NA Instructions: Enter Numbers into the "Expected Units" In the Corresponding Yellow Column Trip Generation Rates from the 8th Edition ITE Trip Generation Report NA Not Available KSFr Units o/ 1 000 square feet DU: Dwelling Unit Fuel Position: # o/vehicles that could be fueled simultaneously Occ.Room: Occupied Room Description / ITE Code Units Rate Weekday Daily Traffic PM Peak Period Rate % PM In % PM Out Expected Units (independent Calculated PM Peak variable) Dally Trips Trips -Total PM In - PM Out Notes WelerpoNMarine Temnina1010 Commercial Airport 021 Commercial Airport 021 Commercial Airport 021 General Aviation Airport 022 General Aviallon Alrport 022 General Aviation Airport 022 Truck Terminal 030 ParkBRide w/ Bus Servlce 090 ParkBRide w/ Bus Service 090 Light Rail Station w/Park 093 Light Rail Station w/ Park 093 Berths Employees Avg Flights/Day Com, Flights/Day Employees Avg. Flighls/Day Based Airmfl Acres Parkin Spaces Occ. Spaces Parkin Space Oa. Spaces 171.52 13.40 104.73 122,21 14.24 1.97 5.00 81.90 4.50 9.62 2.51 3.91 NA 0.80 5,75 6.88 1.03 NA 0.37 6.55 0.62 0.81 1.24 1.33 NA 54% 56% 54% 45% NA 45% 43% 22% 25% 58% __5_81/_.F_42% NA 46% 44 % 46% 55% NA 55% 57% 76% 72% 42% 0 0 0 0 0 0 0 0 0 0 0 0 NA 0 0 0 0 NA 0 0 0 0 0 0 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA Caution -Ont 3Studies NA NA NA NA General Light Industrial 110 KSF 6.97 0.97 12% 88% 187.5 1,307 182 22 160 General Light Industrial 110 Em to ees 3.02 0.42 21%] 79% 0 0 NA NA General Heavy Indusldal 120 General Hee Industrial 120 KSF Employees 1.50 0.82 0.68 0.88 NA NA NA NA 0 0 0 0 NA NA NA Caution -Only 3 Studies. NA Industrial Park 130 KSF 6.96 0.86 21% 79% 0 0 NA NA Industrial Park 130 Em loees 3.34 0.46 20% 80% 0 0 NA NA Manufacturing 140 KSF 3.82 0.74 36% 64% 0 0 NA NA Manulacturin 140 Em to ees 2.13 0.36 44% 56% 0 0 NA NA Warehousing 150 KSF 3.56 0.32 25% 75% 0 0 NA NA Warehousin 150 Em to ees 3.89 0.59 35% 65% 0 0 NA NA Mini Warehouse 151 KSF 2,50 0.26 51% 49% 0 0 NA NA Mini Warehouse 151 Mint Warehouse 151 Storage Units Em loyees 0.25 61.90 0.02 6.04 NA 52% NA 48% 0 0 0 0 NA NA NA NA High -Cube Warehouse 152 KSF 1.44 0.10 33% 67% 0 0 NA NA High -Cuba Warehouse 152 Emplo ees NA 0.66 35% 65% 1 D 0 NA NA Utilities 170 KSF NAI 0.76 45% 55% 0 0 NA NA Utilities 170 Employees NA 0.76 90% 10% 0 0 NA NA Single FamilyHomes 210 DU 9.57 1.01 63% 37% 0 0 NA NA Single FamilyHomes 210 Vehicles 6.02 0.67 66% 34% 0 0 NA NA Apartment 220 DU 6.65 0.62 65% 35% 0 0 NA NA Apartment 220 Persons 3.31 0.40 NA NA 0 0 NA NA Apartment 220 Vehicles 5,10 0.60 NA NA 0 0 NA NA Low Rise Apartment 221 OCc.DU 6.59 0.58 65% 35% 0 0 NA NA High Rise Apartment 222 DU 4.20 0.35 61% 39 % 0 0 NA NA Mid -Rise Apartment 223 DU NA 0.39 SB% 42% 0 0 NA NA Rental Townhouse 224 DU NA 0.72 51% 49% 0 0 NA NA Caution -Ont 1 Study, Resd. Condo/Townhouse 230 DU 5.81 0.52 67% 33% 0 0 NA NA Resd. Condorrownhouse 230 Persons 2.49 0.24 67 % 33% 0 0 NA NA Low Rise Resd. Condo 231 DU NA 0.78 _58% 42% 0 0 NA NA High Rise Resd. Condo 232 DU 4.1 B 0.38 62% 38% 0 0 NA NA LuxuryCondorrownhouse 233 Occ. DU NA 0.55 63y. 37% 0 0 NA NA Mobile Home Park 240 ou 4.99 0.59 62% 38% 0 0 NA NA Mobile Home Park 240 Persons 2.46 0.26 63% 37% 0 0 NA NA Retirement Community 250 DU NA 0.27 56% 44% 0 0 NA NA Caullon- Only 1 Stud Elderly Housing -Detached 251 DU 3.71 0.27 61% 39% 0 0 NA NA Caution- Only 1 Study, Congregate Care Facility 253 Occ.DU 2.15 0.17 56% 44% 0 0 NA NA Caution- Only 2 Studies Elderly Housing- Attached 252 Occ.DU 3.48 0.16 60% 40% 0 0 NA NA Caution. Only 4 Sludles Recreational Hames 260 DU 3.16 0.26 41% 59%0 0 NA NA Residential PUD 270 DU 7.50 0.62 65% 35% 0 0 NA NA Hotel 310 Occ. Room 8.92 0.70 49% 51% 0 0 NA NA Hotel 310 Rooms 8.17 0.59 53% 47% 0 0 NA NA Hotel 310 Employees 14.34 0.60 54% 46% 0 0 NA NA All Suites Hotel 311 Om.Room 6.24 0.55 42% 58%1 0 0 NAI NA Caullon- Only 4 Studies All Suites Hotel 311 Rooms 4.90 0.40 45% 55%1 0 0 NA NA Business Hotel 312 JOcc. Room 7.27 0.62 60% 40%1 0 0 NA NAICauLlon-Onlv 4 Studies Business Hotel 312 Employees 72.67 7.60 60% 40% 0 0 NA NA Motel 320 Occ.Room 9.11 0.58 53% 47% 0 0 NA NA Motel 320 Rooms 5.63 0.47 54% 46% 0 0 NA NA Motel 320 lEmployees 12.811 0.73 54% 46%1 1 0 1 0 NA NA OKEECHOBEE LANDFILL, INC. nrraow.rvwo:tea 10800 N.E. 128" Avenuc Okeechobee, FL 34972 (863) 357-0824 May 31, 2019 Steven L. Dobbs, P.E. President SLD Engineering RE: Waste Management, Okeechobee Landfill Capacity Mr. Dobbs, The most recent Okeechobee Landfill Volume report calculated a total of 182,855,130 cubic yards of permitted remaining capacity. The calculations are based on an aerial survey of the active portion of the facility dated January 2, 219 and a historic survey of the undeveloped portion of the facility dated December 27, 2010. At the present waste intake 1,800,000 cyds/yr., we calculated an overall life of site of over 100 years. At an estimated 4.48 lbs MSW/day/person, (EPA 2015), the estimated impact from the development would be less than 600 cyds per year. Waste Management, Okeechobee Landfill can easily meet the demand of the proposed development for the next 100 years. If you have any questions or concerns, feel free to contact us. Regards, Charles Orcutt, P.E. Market Area Engineer Waste Management, Inc. of Florida 863-824-4010 L(?i L:i;t 1 lii%;:`eTi.COIYl OKEECHOEEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 December 18, 2019 Mr. Steven L. Dobbs, P.E. SLD Engineering 1062 Jakes Way Okeechobee, FL 34974 Ref: Water Capacity Request Parcel I D: 3-15-37-35-0010-01910-0010 3-15-37-35-0010-01900-0010 3-15-37-35-0020-02510-0130 Site Address: ±500 SW 7t" Avenue Okeechobee, FL 34974 Dear Mr. Dobbs: (863) 763-9460 FAX: (863) 467-4335 In reference to a request for the availability of water capacity to the subject property, submit the following information for your use in meeting the potable water demand requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from April 20-18 to I!4a. oh 2019, i ma-irnui fi dully fi:�ly iIJFaS 3.u,"i •"JeGG, vl" about 65% 07 capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863-763-9460. Sincerely, 6 Vn . a r , P.E. Executive Director Okeechobee Utility Authority r-� OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 December 18, 2019 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 1062 Jakes Way Okeechobee, Florida 34974 Ref: Wastewater Capacity Request Parcel ID No.: 3-15-37-35-0010-01910-0010 3-15-37-35-0010-01900-0010 3-15-37-35-0020-02510-0130 Site Address: ±-500 SW 7t" Avenue Okeechobee, FL 34974 Dear Mr. Dobbs: (863) 763-9460 FAX: (863) 467-4335 In reference to a request of the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.9 MGD. During the twelve month period from May 2018 to April 2019, the annual average daily demand was 0.916 MGD, or about 24% of the current 3.9 MGD treatment capacity. The OUA does riot have a wastewater service fine near the subject property. Any line extensions or upgrades required to tie in to the wastewater system due to the demands of the proposed project will be at the project owner's expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, aJoh�n-F. Hayford, P.E. Executive Director f.. .-•,rj�Y�atj� �.•a. sw= �i . • itl 2019-043 SW 6th Street, Okeechobee INC 11r �..t •. !gyp +if w'1. S .• �1y�� V, .. s �' 13 ' ~ ( G ro +x t f iiy1 u �. i t �r gn7. i t� tea•} S, int 1 k.'A. 1`? ice, ,tr-•. ��..,, i.c'.!� � •tom a-�' ',' i J�1 ,. i:.j ' `r , -xi-,fir. • # :.� :e: s :ii41 1:2,557 0 0.02 0.04 0.08 mi 0 0.0325 0.065 0.13 km C44 December 18, 2019 Wetlands Freshwater Emergent Wetland Lt�j Lake Estuarine and Marine Deepwater F-� Freshwater Forested/Shrub Wetland Other Estuarine and Marine Wetland ❑ Freshwater Pond Riverine This map is for general reference only. The US Fish and Wildlife Service is net responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wellands Mapper web site. National Wetlands Inventory (NWI) This page was produced by the NWI mapper 27° 14'25" 27' 14'17'N 3 Soil Map—Okeechobee County, Florida K (Neal Markus Industrial) - S 516.020 5160.50 516060 516110 516140 5161 _,_ 516020 516050 516060 516110 516140 3 F Map Scale: 1:1,240 i1'printed on A portrait (8.5" x 11") sheet Meters N 0 15 30 6D 90 A r 0 50 100 200 300 Map projection: Web Mercator Comer coordinates: WGS84 Edge UTM Zone 17N WGS64 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 27' 1- 25'.� .Or," �F w�Y ir� g �i t i� r- 27° 14'17'N 516170 516200 3 b 12/17/2019 Page 1 of 3 MAP LEGEND Area of Interest (A01) Area of Interest (AOI) Soils Soil Map Unit Polygons . s Soil Map Unit Lines E2 Soil Map Unit Points Special Point Features (u1 Blowout Borrow Pit ,t;, Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow .. Marsh or swamp 1ti Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spat Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip �f Sodic Spot Soil Map—Okeechobee County, Florida (Neal Markus Industrial) Spoil Area Stony Spot • Very Stony Spot Wet Spot Other 1. Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Okeechobee County, Florida Survey Area Data: Version 16, Sep 17, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Mar 20, 2015—Mar 21, 2015 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 12/17/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Okeechobee County, Florida Map Unit Legend Neal Markus Industrial USDA Natural Resources Web Soil Survey 12/17/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres )n AOI Percent of Abl 11 Immokalee fine sand, 0 to 2 0.7 17.8% percent slopes 14 Myakka fine sand, 0 to 2 3.4 82.2% percent slopes I Totals for Area of Interest 4.1 I 100.0% USDA Natural Resources Web Soil Survey 12/17/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 National Flood Hazard Layer FIRMette f,,,Vi 27°14'40.03"N 0 250 500 1,000 1,500 2,000 Legend SEE FIs REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zn- A, V A99 SPECIAL FLOODWith BFE or Depth 20-AE..AO. AH. VE. An HAZARD AREAS Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zany x Future Conditions 1% Annual - Chance Flood Hazard z—, x Area with Reduced Flood Rlsk due to OTHER AREAS OF Levee. See Notes. zona x FLOOD HAZARD Area with Flood Risk due to Leveezono 0 e scREEN Area of Minimal Flood Hazard zonex "-- Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard Zone• o GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES I I I I t I Levee, Dike, or Floodwall a 20'2 Cross Sections with 1% Annual Chance 17•5 Water Surface Elevation (e} - - Coastal Transect Y..t,l„---• Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available 1' MAP PANELS Unmapped `j The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information Is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 12 /17;'2019 at 4:00:16 I'M and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image Is void If the one or more of the following map elements do not appear: basemap Imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for �\ regulatory purposes. •1 �J t cq N • . � 0 0 r37sr•,{_,Es16 m i '♦ .a A r - Pb ,4IN ' • ' Ilk 4 M 'kPA r t'(I[►1.l_)f )[cLlst lliOB(;ENi1RE,yOF 1:111N11':IAL FL'r�C DtH�1ZAftCi. r 10� OIL r fa + a /� io + i �, � ` • �Zt , s4e Al .: Y; �` l ,_ �• '• OL .' , �+ 1 way � } • � ,. y + . • h t �« USGS The,Natro•,na'I Map QFtrMitnagery. Data refreshed April, 2019. - Fapf 'I •R nnn 27°14'8.C5"N 0 250 500 1,000 1,500 2,000 Legend SEE FIs REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zn- A, V A99 SPECIAL FLOODWith BFE or Depth 20-AE..AO. AH. VE. An HAZARD AREAS Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zany x Future Conditions 1% Annual - Chance Flood Hazard z—, x Area with Reduced Flood Rlsk due to OTHER AREAS OF Levee. See Notes. zona x FLOOD HAZARD Area with Flood Risk due to Leveezono 0 e scREEN Area of Minimal Flood Hazard zonex "-- Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard Zone• o GENERAL ---- Channel, Culvert, or Storm Sewer STRUCTURES I I I I t I Levee, Dike, or Floodwall a 20'2 Cross Sections with 1% Annual Chance 17•5 Water Surface Elevation (e} - - Coastal Transect Y..t,l„---• Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available 1' MAP PANELS Unmapped `j The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information Is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 12 /17;'2019 at 4:00:16 I'M and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image Is void If the one or more of the following map elements do not appear: basemap Imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for �\ regulatory purposes. •1 �J t 1/6/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Barndi Parcel:.. <i 3-15-37-35-0010-01910-0010 Owner & Property Info - i ne uescnpnon aoove is not to oe usea as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values SPRADLEY RUTH G & NEMEC GALE B Owner %NEMEC CHILDREN'S TRUST $25,087 Mkt Land (1) 5243 EUROPA DR UNIT P Ag Land (o) BOYNTON BEACH, FL 334370000 Site SW 6TH ST, OKEECHOBEE Description* CITY OF OKEECHOBEE ALL BLOCK 191 Area 0.409 AC SR/R 15-37-35 Use Code"` IVACANT (000000) Tax District 50 - i ne uescnpnon aoove is not to oe usea as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values Land Code Desc 2018 Certified Values 2019 Certified Values Mkt Land (1) $25,087 Mkt Land (1) $25,087 Ag Land (o) $0 Ag Land (o) $0 Building (a) $0 Building (o) $0 XFOB (o) $0 XFOB (o) $0 Just $25,087 Just $25,087 Class $0 Class $0 Appraised $25,087 Appraised $25,087 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $25,087 Assessed $25,087 Exempt I $0 Exempt $0 county:$25,087 county:$25,087 Total city:$25,087 Total city:$25,087 Taxable other:$25,087 Taxable other:$25,087 school:$25,087 school:$25,087 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. 2019 Certified Values updated: 1/2/2020 Aerial Viewer Pictometery Google Maps 0 2019 2018 2017 2015 2014 Sales AAW � I , wo" j - moi"?+ ► 041. ® Sales History Land Code Desc I Units I Adjustments Eff Rate Sale Date Sale Price Bo.o VPmage I 1.00/1.00 1.00/1.00 Deed V/1 Quality (Codes) RCode 8/1/19901 $0316/1436, WD V U 1 03 Building Characteristics Bldg Sketch i Bldg Item Bldg Desc* Year Blt I Base SF I Actual SF Bldg Value NONE 1 _ Extra Features & Out Buildings (Codes) Code Desc Year Bit Value I Units Dims Condition (% Good) NONE Land Breakdown Land Code Desc I Units I Adjustments Eff Rate I Land Value 161Cl2 CITY LT (MKT) 223.000 FF - (0.409 AC) I 1.00/1.00 1.00/1.00 1 $112 I $25,087 © Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 by: GrizzlyLogic.com g4b.okeechobeepa.com/gis/ 1/1 1/6/2020 Okeechobee County Property Appraiser i I g4b.( Okeechobee County Property Appraiser I ielcey L. Bandi Parcel:<<' 3-15-37-35-0010-01900-0010 l>) Owner & Property Info Result: 1 of 3 2018 Certified Values 2019 Certified Values Mkt Land (1) $41,850 Mkt Land (1) $41,850 SPRADLEY RUTH G & NEMEC GALE B Owner %NEMEC CHILDREN'S TRUST IGREENACRES, Building (o) 608 HARBOUR POINTE WAY $0 FL 334130000 Site I SW 7TH AVE, OKEECHOBEE Description* CIT OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK $41,850 190 Area 0.86 AC S/T/R 15-37-35 Use Code`} I VACANT (000000) Tax District 150 'The Description above is not to be used as the Legal Description for this parcel In any legal transaction. -The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 853-763-5548 for zoning info. Property & Assessment Values Sale Price 2018 Certified Values 2019 Certified Values Mkt Land (1) $41,850 Mkt Land (1) $41,850 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) I $0 Just $41,850 Just $41,850 Class $0 Class $0 Appraised $41,850 Appraised $41,850 SOH Cap [?] $0 SOH Cap (?) $0 Assessed $41,850 Assessed $41,850 Exempt $0 Exempt $0 county:$41,850 county:$41,850 Total city:$41,850 Total clty:$41,850 Taxable other:$41,850 Taxable other:$41,850 school:$41,850 school:$41,850 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. I T Sales History 2019 Certified Values updated: 1/2/2020 Aerial Viewer Pictometery Google Maps __ ° 2019 2018 2017 2015 2014 Sales L Uj •• $ Q Sale Date Sale Price Book/.P`ge Deed V/1 Quality (Codes) RCode 8/1/1990 $0 316!1436 WD V U 03 4/6/1964 $0 80/0731 QC V U 03 2/18/1964 $0 79/0499 QC V U 03 2/17/1964 $01 79/0497 QC V U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc" Year Blt I Base SF Actual SF Bldg Value NONE ® Extra Features & Out Buildings (Codes) Code Desc Year Blt I Value Units Dims Condition (% Good) NONE Land Breakdown Land Code Desc Units Adjustments Eff Rate Land Value I I keechobeepa.com/gis/ 1/2 1/6/2020 Okeechobee County Property Appraiser 161 Cl2 I CITY LT (MKT) I 300.000 FF - (0.860 AC) I 1.00/1.00 1.00/1.00 I $140 I $41,850 Search Result: 1 of 3 ® Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 by: GrizzlyLogic.com 2/2 g4b.okeechobeepa.com/gis/ 1/6/2020 Okeechobee County Property Appraiser Okeechobee County Propel Appraiser idlietcey L. Bandi Parcel: («) 3-21-37-35-0020-02510-0130 (>>) Owner & Property Info Sale Date SPRADLEY RUTH G & NEMEC GALE B Owner %NEMEC CHILDREN'S TRUST Ag Land (o) I $0 Ag Land (o) 608 HARBOUR POINTE WAY Building (o) $0 Building (o) GREENACRES, FL 334130000 Site SW 6TH ST, OKEECHOBEE Just 1 $15,600 Just THAT AT PORTION OF THE FLORIDA EAST COAST Class $0 Class COMPANY RIGHT-OF-WAY, SINCE Appraised $15,600 Appraised [ABANDONED,AND OF NORTH CURVE STREET, escription CE ABANDONED, AS SHOWN ON PLAT OF Assessed 1 $15,600 Assessed ST ADDITION TO OKEECHOBEE, FLORIDA, AS Exempt $0 Exempt RECORDED IN PLAT BOOK 2, PAGE 26, OF THE county:$15,600 county:$16,800 Total city:$15,600 Total city:$16,800 Taxable other:$15,600 Taxable other:$16,800 school:$15,600 school:$16,800 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher properby I taxes. PUBLIC RECORDS OF SAINT ...more>>> Area 1.6 AC S/T/R 121-37-35 Use Code" VACANT (000000) 1Tax District 50 `The Description above is not to be used as the Legal Description for this parcel in any legal transaction. *The Use Code is a Dept. of Revenue code. Please contact Okeechobee Country Planning u Davelopmant at 863-763-5543 for zoning info. Property & Assessment Values Sale Date 2018 Certified Values 2019 Certified Values Mkt Land (1) 1 $15,600 Mkt Land (1) $16,800 Ag Land (o) I $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) I $0 Just 1 $15,600 Just $16,800 Class $0 Class $0 Appraised $15,600 Appraised $16,800 SOH Cap [?] $0 SOH Cap [?] $0 Assessed 1 $15,600 Assessed $16,800 Exempt $0 Exempt $0 county:$15,600 county:$16,800 Total city:$15,600 Total city:$16,800 Taxable other:$15,600 Taxable other:$16,800 school:$15,600 school:$16,800 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher properby I taxes. 2019 Certified Values updated: 1/2/2020 Aerial Viewer Pictometery Sale Date Google Maps Book/Page 2019 2018 2017 I V/1 2015 2014 Sales 8/1/1990 $O1 is/143G1 Al 1 V I U 03 4L J aj JUN 'J Sales History Sale Date Sale Price Book/Page I Deed I V/1 Quality (Codes) RCode 8/1/1990 $O1 is/143G1 I WD 1 V I U 03 Building Characteristics — 1 Bldg Sketch Bldg Item 1 Bldg Desc-' I Year Bit 1 Base SF I Actual SF Bldg Value NONE Extra Features & Out Buildings (Codes) Code I Desc Year Bit Value Units I Dims I Condition (% Good) NONE Land Breakdown Land Code DescI Units I Adjustments I Eff Rate I Land Value F -1— I g4b.okeechobeepa.com/gis/ 112 1/6/2020 Okeechobee County Property Appraiser i 961 CAC I NON/CONFG(MKT) I 1.600 AC I 1.00/1.001.00/0.75 I $10,500 I $16,800 ©Okeechobee County Property Appraiser I Mickey L. Band! I Okeechobee, Florida 1863-763-4422 by: GdzzlyLogic.com g4b.okeechobeepa.com/gis/ 2/2 • V i'� 9 mph w ai6ry.T" Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant. Neal Markus Loumax Development Inc Petition No.: 20 -002 -SSA Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA General Information "f Applicant Neal Markus, Loumax Development Inc Owner 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 711 Avenue 2.87 acres 3-15-37-35-0010-01910-0010 Parcel Identification 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 The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for three vacant parcels of land totaling 2.87 acres. Two parcels are designated Single Family and one parcel is designated Multi -Family Residential on the Future Land Use Map. The proposal is to change the Future Land Use designation of all three parcels to Industrial. The Applicant has submitted a concurrent request to rezone the same parcels from Multi -family to Industrial. The Applicant owns the industrial property to the north of these parcels and has stated that the reason for these requests is expansion of existing operations. According to the Applicant's representative, the current operations include manufacturing of compressed air canisters. 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 Future Land Use Zoning Use of Property Acreage L-Ku- ptannmg Existing Single Family and Multi -Family Residential Residential Multiple Family Vacant 2.87 acres Proposed IndustrialE "f r�. Industrial "°��s�ax`n�� n.� Industrial 2.87 acres Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA Future Land Use, Zoning, and Existing Use on Surrounding Properties A. Qualification for Amendment Industrial Industrial Loumax Development Single Family Residential Residential Multiple Family Single Family Home and Vacant Multi -Family Residential Residential Multiple Family Childcare Facility Multi -Family Residential Residential Multiple Family Vacant and Pending Residential Apartment Complex Based on the size of the property (2.87 acres) this application qualifies under Chapter 163, F.S. as a Small -Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Single -Family and Multi -family Residential This request involves three vacant parcels of land with current Future Land Use designations as follows: • 0.409 acres of single family residential • 0.86 acres of single family residential • 1.6 acres of multi -family residential The maximum density allowable in the Single -Family Residential Future Land Use Category is four units per acre or five if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 1.269 acres would be 6 single-family dwellings. The maximum density allowable in the Multi -Family Residential Future Land Use Category is 10 units per acre or 11 if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 1.6 acres would be 17 multi -family dwellings. L-Ky. Z ptannrng Future Land Use North Zoning Existing Use Future Land Use East Zoning Existing Use Future Land Use South Zoning Existing Use Future Land Use West Zoning Existing Use A. Qualification for Amendment Industrial Industrial Loumax Development Single Family Residential Residential Multiple Family Single Family Home and Vacant Multi -Family Residential Residential Multiple Family Childcare Facility Multi -Family Residential Residential Multiple Family Vacant and Pending Residential Apartment Complex Based on the size of the property (2.87 acres) this application qualifies under Chapter 163, F.S. as a Small -Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Single -Family and Multi -family Residential This request involves three vacant parcels of land with current Future Land Use designations as follows: • 0.409 acres of single family residential • 0.86 acres of single family residential • 1.6 acres of multi -family residential The maximum density allowable in the Single -Family Residential Future Land Use Category is four units per acre or five if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 1.269 acres would be 6 single-family dwellings. The maximum density allowable in the Multi -Family Residential Future Land Use Category is 10 units per acre or 11 if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 1.6 acres would be 17 multi -family dwellings. L-Ky. Z ptannrng Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA C. Future Development Potential as Industrial Policy 2.1(e) of the City's Future Land Use Element: Industrial. Pennitted uses include large-scale manufacturing or processing activities, business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service uses, and off-site signs, limited agriculture, and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or leather products may be permissible under certain circumstances. 1. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. 2. Zoning districts considered appropriate within this future land use category include only RE and Industrial (IND). While the Industrial Future Land Use category allows for a maximum FAR of 3.0, the Industrial zoning district only allows a maximum building coverage of 50% and a maximum building height of 45 feet (without a special use exception). These limitations allow for a potential four story structure, a maximum FAR of 2.0 and a theoretical maximum floor area of approximately 250,000 square feet on 2.87 acres. However, given that a 4 story industrial structure is not likely, it may be more practical to expect a one or two story structure if this map change is approved. A one story structure occupying 50% of 2.87 acres would be about 62,500 square feet of floor area and a two story structure with the same footprint would have about 125,000 square feet of floor area. It is important to note that the applicant has not submitted any proposed plans or provided any comments regarding the potential development of the property, other than the stated desire to expand operations of the existing industrial use to the north of these subject parcels. Comprehensive Plan Analysis A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 of the Future Land Use Element 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 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 711 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 Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA subject parcels, which is one of only a few properties with an industrial future land use designation south of Park Street in the City. Besides the Applicant's existing site, there is an additional 2.5 acres of industrial to the north, 0.5 acres of industrially designated property on SW Park Street and a 3 acre property on SE 1 oth Street. The Applicant's requested future land use map changes represent a 37% increase in Industrial future land use south of Park Street in the City. From a planning perspective, expansion of the Industrial Future Land Use in this area would be out of character and likely incompatible with the predominantly residential nature of the surrounding neighborhood. B. Adequacy of Public Facilities Traffic Impacts The applicant has provided a traffic analysis that estimates the requested map changes from single family residential to industrial and multi -family residential to industrial on these parcels would result in an increase in 1,144 potential daily vehicle trips and 166 potential peak hour vehicle trips. We agree with this analysis. In addition to the consideration of total vehicle trips, it is also important to consider that an industrial use is likely to generate more heavy truck traffic than residential uses. If these map changes are approved and a site plan for development of these parcels were to be submitted, it would be necessary to provide additional assessment of the impact of traffic on the adjacent streets and properties at the time of site plan approval. Demand for Potable Water, Sewer Treatment and Solid Waste Disposal The applicant has provided an analysis on the potential change in demand for potable water and sewer services if these map changes are approved. That analysis indicates an increase of 21,855 gallons per day. We agree with this analysis. The Applicant's submission includes letters from the Okeechobee Utility Authority and Waste Management indicating that there is adequate excess capacity to accommodate the demand for potable water, wastewater treatment and solid waste disposal that would be associated with a proposed industrial use. C. Environmental Impacts The subject property is within the zone X, indicating a minimal flood risk. We agree with the applicant's statements that the site has no significant or unique characteristics regarding environmental sensitivity, wetlands, wildlife habitat, endangered species, soil conditions or susceptibility to flooding. LAK— 4 planning Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation for the subject property to be inconsistent with the character of the neighborhood and likely incompatible with the surrounding land uses. Therefore, we find this request inconsistent with the City's Comprehensive Plan. We cannot recommend approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Industrial on the City's Future Land Use Map. 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 Existing Land Use Aerial, Subject Site & Environs L&Kue ptan .9 Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20-002-SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS 200 1 ' 164 165 166 t 178 177 1`76 179 180 181 W 202 190 189 F8 187 Subject Property 191 192 193 194 197 196 b 11 11 LAND USE CLA_.__.:.. 251 SSIFICATIONS i + lot line Ij l SINGLE • FAMILY RESIDENTIAL ` MIXED USE RESIDENTIAL I j MULTI - FAMILY RESIDENTIAL i 'STRIAL _ELIC FACILITIES i E:._=-MENT i RAILROAD CENTERLINE HOPKINS MEANDER LINE UNINCORPORATED E J L•K� 6 pbanning Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA ZONING SUBJECT SITE AND ENVIRONS 20'� 134 w so — /A 31 panning I. I . 0 .;.4 64 3.165, 166 76 C NOE' C,!::r188 189 acres ZONING ZA 7- CS'em"I 7 DIST%C' / 4. All' Subject L-3-- CWWOCUL N04 a'i1 S4 `Propert, 31 panning I. I . 0 .;.4 64 3.165, 166 76 C NOE' C,!::r188 189 acres ZONING CS'em"I 7 DIST%C' All' Subject L-3-- CWWOCUL N04 a'i1 S4 `Propert, 31 panning I. I . 0 .;.4 64 3.165, 166 76 C NOE' C,!::r188 189 acres ZONING ryirAL Wh --AVE = i±47AL I %Le =AWL - CMF =—..?'aL' 'N3LF CS'em"I 7 DIST%C' OWAV� to--: L-3-- CWWOCUL N04 a'i1 S4 ryirAL Wh --AVE = i±47AL I %Le =AWL - CMF =—..?'aL' 'N3LF N04 a'i1 S4 ryirAL Wh --AVE = i±47AL I %Le =AWL - CMF =—..?'aL' 'N3LF Staff Report Applicant: Neal Markus, Loumax Development Small Scale Comprehensive Plan Amendment Petition No. 20 -002 -SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS ^1 _ TI SW 3RD ST _ _ r it u r � � • aandil !._ rC4.. . SW4 T 11 St A •'�° 1a 1�a r ` fir - it• i - 64 �II► At SW.STH;ST w.ink &0jr � � �� -, ,�� .,,; � •� i�l . SW 6TH ST r n I ifbaiM out I Ac Appuoal� W. NEMEC Children's Trust mho Rationale for approving the request to Industrial FLU and Industrial Zoning Loumax/Ecotec purchased this property October 12, 2001 and built their operation. It has grown over the years and has been a steady employer of Okeechobee residents and have grown and expanded their business to the point there is no more room on their parcel to expand. The parcel to the west was purchased by a church who are going through the permitting process and the 50' to the west is just not enough land to purchase. The only place left to go in this area is to the south. L y :k r. st .� ,y .4iti.cr- t t Commercial r NEMEC Children's Trust Rationale for approving the request to Industrial FLU and Industrial Zoning As shown in the exhibit on the previous page, the parcel is very odd shaped and lends itself to something other than the current residential zoning. As you can see from the original plat below, this parcel was adjacent to the Florida East Coast Railway Yard and Grounds and the parcel to the west was part of a reserved lot and the parcels to the north were part of the Florida East Coast Railway Yard and Grounds, which is probably the rational for the industrial zoning on those lots. ci"e_ r :L= U=U-I LE J W..iti =A tlx: i C13l±j Lp L0? 4 O . 2-1 . Lor \ II��__.._ LOT 5 N N� 1 �� ' �` � 6 LOT - 1 1 J J`X Q 0 I I LLLll -1 N 1 Q LOT I It 0 p U �1 Q N Q Q Q Q p( LOTi 3 J LL -_----��j-- - KNOw ALL MEN 9M THESE PRESENTS. - �m�.,:••..-.:.. .E -a .... ,ter } OKEECHOMEE- COMPANY NEMEC Children's Trust Rationale for approving the request to Industrial FLU and Industrial Zoning From the Future Land use you can see the sporadic land uses in the area, if this is granted there will be nowhere else to expand to industrial 1�1 157-' 1$; 1 251- NEMEC Children's Trust Rationale for approving the request to Industrial FLU and Industrial Zoning From the zoning map below you can see the zoning makes more sense and multifamily zoning is a transitional land use and complementary to industrial. N. W. PARK ST ... , ... ,. , .:M STATE. ROAD TV N.W. PARK ST F L A G L E R 2122 P S S'+ PLR!: S S. E. FP Now 0 !a iii 17 _ tg: 4 ,; MMMMSW2ND e y''"�r4 v 0`20! '`, 's...•'^. S.W. SURD ST S.W. 4 TH ST 186 z 185 �f w m o �q `� v, •- ` S.W. 5TH S7 92 193 4 5 2 8J L '. _ S.W. STH ST i 97 1`g6 231 ! 1- 232 S.W. T TH ST". 236 237 This business currently employs 32, pays taxes and local business support approximately $1.2 M per year. This project will add 10 —14 additional full time employees. 3-15-37-35-0010-01900-0010 Z (Rev 9/2017) Page I of 11 City of Okeechobee Date: I_ &-ao Petition No. 60 General Services Department Fee Paid: Jurisdiction: iJ3=, t 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 s , �;. 1 Hearing: �1 2 Hearing: .� �_�Q_�Q i i Publication Dates: ' Phone: (863) 763-3372, ext. 9820 Notices Mailed: Fax: (863) 763-1686 Rezone Special Exception and Variance �l•l r (f APPLICANT INFORMATION 1 Name of property owner(s):"NEMEC CHILDRENS TRUST 2 Owner mailing address: ;x'5243 EUROPA DRIVE, UNIT P, BOYNTON BEACH, FL 33437 3 Name of applicant(s) if other than owner: NEAL MARKUS 4 Applicant mailing address: P.O. BOX 5501, FT. LAUDERDALE, FL 33310 E-mail address: NJMARKUS@GMAIL.COM 5 Name of contact person (state relationship): STEVEN L DOBBS - CONSULTANT 6 Contact person daytime phone(s): 863-824-7644 PROPERTY INFORMATION Property address/directions to property: 500 - 600 BLOCK OF SW 7TH AVENUE STATE 7 ROAD 70 WEST, TURN SOUTH ONTO SW 7TH AVENUE PARCEL IS APPROXIMATELY 1,400 FT TO THE RIGHT Describe current use of property: 8 VACANT Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. 9 VACANT Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 2.87 / Is property in a platted subdivision? YES 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? YES Describe uses on adjoining property to the North: 13 North: INDUSTRIAL East: SINGLE FAMILY South: CHtL--D-CAREc.-.; W est: VACANT SF 14 Existing zoning: MULTI FAMILY RESIDENTIAL Future Land Use classification: RESIDENTIAL & MULT 15 FAMILY F� ,SIDENTIA Have there been any prior rezoning, special exception, variance, or site plan approva s on property? ( X )No (—)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (X) Rezone (_) Special Exception (_) Variance "17Parcel Identification Number: 3-15-37-35-0010-01910-0010, 3-21-37-35-0020-02510-0130 3-15-37-35-0010-01900-0010 Z (Rev 9/2017) Page I of 11 ./ Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date I NEAL MARKUS % 1 �f For que ti ns relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 1 I REQUIRED ATTACHMENTS 18 1 Applicant's statement of interest in property: CONTRACT PURCHASER Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 08/01/1990 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11 x17) containing: 22 a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date I NEAL MARKUS % 1 �f For que ti ns relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 9/2017) Page 2 of 1 I Loumax Development, Inc. (Description of requested land use change and reason for request) Loumax Development, Inc. has a contract to purchase approximately 2.87 acres located in Sections 15 and 21, Township 37S, and Range 35E. The property's parcel IDs are 3- 15-37-35-0010-01910-0010, 3-21-37-35-0020-02510-0130, 3-15-37-35-0010-01900- 0010. It is currently located in the City of Okeechobee with a current zoning of Residential Multiple Family. The primary intent of rezoning this parcel is to change the zoning to Industrial. The proposed zoning is consistent with adjacent lands at this location surrounded by industrial, single family, churches, and other multifamily lands. This application is for the City to grant a zoning on this parcel from the existing Residential Multiple Family to Industrial. There is adequate access to the property from SW 7 1 Avenue. Loumax Development, Inc. requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Industrial. ADDITIONAL INFORMATION REQUIRED FOR A REZONING A Current zoning classification: RES. MULTI FAM Requested zoning classification: INDUSTRIAL Describe the desired permitted use and intended nature of activities and development of the property? B EXPAND EXISTING INDUSTRIAL FACILITY TO THE NORTH Is a Special Exception necessary for your intended use? ( X ) No (__) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (X) No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. T Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect 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. 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. (Rev 9/2017) Page 6 of l 1 Findings required for rezoning or change in land development regulations (cont.) 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion; flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 9/2017) Page 7 of I I Loumax Development, Inc. Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; 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. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed of expanding Industrial projects on Industrially zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest; 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. 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 patters; The proposed use is appropriate for the location and compatible with the adjacent land uses. 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property and develop previously undeveloped land. 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; 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 Vh Avenue. To the north is the applicant's Industrial Property 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities. 8. The proposed use will create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; 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 7`h 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. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. vrurnnuy uc uww..v . vun v q BaOK 316 PACE -1436 By Individualu This Instrument prepared by: FILED -oa REGM --r—.� JAMES roc, rSQUIRe bl(ECGIit? •,:•:.,... 2001 Palm Beach Lances Blvd., #400 90 j�IIG 3I PSI 2' C I West Palm Beach, Florida 33409 •� Ole_ 55 �ti �i'Il' tt Il�I Ole made this day of August Between JAMES NEMEC and RUTH B. 2220 r © GLORIA J- CLRRIi bF GIftGU1T COURT S7/ -,A,!;' TAX - 9 a 0. 55 i 1990 NE MEC, his wife having an address at County of Palm Beach, State of Florida, , grantor,' and PJ7M GENEVIEVE SPRAD= and GALE BA==, N124EC, as Trustees , grantee", whose post office address is 7530 Clarke Road, Lake Clarke Shores, Fl. 33406 W ItalrUSeth : That the grantor, for and inconsideration of the sum of $ 10.00 and other good and valuable considerations, receipt whereof by grantor is hereby acknowledged, has granted.bargained and sold to grantee, and grantee's heirs, legal representatives, sue,-essors and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida: All of Block 191, WAN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records, lying in Okeechobee County. That portion of the Florida East Coast Railway Ccnpany Right -of -wax, since abandoned, and of North Curve Street, since abandoned, as shown on Plat of First Addition to Okeechobee, Florida, as recorded in Plat Book 2, page 26, of the Public Records of Saint Lucie County, Florida, and in Plat Book 1, page 11, of the Public Records of Ckeechobee County, Florida.., which is bounded on the West by the Northerly ex- tension of the West Line of``Block251 (same also being a part of the East line of a tract of land ]pnown as the `STAT.ION G of said Railwa and on the South by a lune extending from the Southernmost c Aernmost point of Bl I, as shown on the Plat of the Town of Okeechobee, as recorded in Plat Book 2, page 17, of the Public Records of St. Lucie county, Florida, and in Plat Book 1, page 10, of the Public Records of Okeechobee County, Florida, in a Westerly direction, said line being North of and parallel with the Westerly extentiorr of the North line of Third Street,, and which is bounded on the North by the Westerly extension of the -North line of Fifth Street, of said Town of Okeechobee aforesaid and all that part of Fourth Street and Fifth Street lying West of Seventh Avenue. in said town of Okeechobee. Lots 1 to 6, inclusive of Block 190, OKEEC30BEE, according to the plat thereof re- recorded in Plat Book 2, page 17 of the public records of St. Lucie County, Florida. �:J•1Ji"f4 er with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 470 ;ERUUe UUO tO ;LRII(1 the same in fee simple forever. M J A Illi the grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee LL simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that, except as above noted, said Iand is free from all encumbrances. v '"Grantor" and "grantee" are used for singular or plural, as context requires. Din Witness 01je rraf, grantor has hereunto set granior's hand and seal the day and year � first a ve written. E Signe�seale and delivered in our presence: uai i% earson e . C, i rA �� STATE OF FLORIDA COUNTY OF PA%M BEACH q/ The foregoing instrument was acknowledged before me this ,Z - day of August 1990 , by JAMS 1412VISC and BATH B. NESMC, his wife. _odo-icT f-jo0aryIC � �" �1•' <� My comjpiasion expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP JUNE 22,199 r' ;-- BONDED TNRU GEPERAL INS. UND. •. E-• it S� X 69 City 5:5 % Y1 lraw,-- 15632763-3372 D53-763-116106 U 7 I;r 11 0 o5f N10MEC CHILDRE NIS TRUST 603 1-MROUR POTHI'VVAY, GU,13NACRrS_01 3324 13 263-634-1497 500-600 BLOCK OF S171 7TH ANTMOE, 3-15-37-35-0010-01910..0010, 3-21-37-35-00-70-02510--0130, 3-15-37-35-0010-01900-0010 N,-:1 mr-, C of a -.�,n ii R t. LOUDIAUXI DEVELOPMENIT RIC IE , , nc Te�01!.p` Oran: Cell.- 951-347-1077 ,I D., 'T . A v The tuidmnsigncd, bcing dw record tific ommu-'(s) oftlic real pyopority &scribod above, do AIRN-6y grant unto d?j,- , al oplicant siatcd above talc', fuli right 21':211 power of aftonm,-Y to M, application. to Che City o'Okeechoboc to chaagc;t1w land use of said pi-operity. This land uge Change may incluldo, i -of -of the property, the granting of special exception 0 0 or variances, and appeals of de3cisious of the Plaiming Department. It is understood that conditions, limitations and restrictions may be place upon the use or operatiou of the Property. Pvlisstaterrirrlts upon application or in any hearhic7 M,2y TCSLdt ill the termillation Of ally special exception or variance and a proceeding to rez-one the prow -Ay to the orighlal chtssificatioi). dills pwx,-rol- 'atWraey may be ternunatod- Only iry a v..,ribi.en and notarizzcd stAement of such tcrinination ef;'caive upon receipt by the Plam-affic, Dcp=, tment. PIT S S Yr THE (MDEE RS.1-G1-,TE1D;- HAVE 'JET TYTEP TT AND AND S"E.A.L 1231 DAYOF 20 OWNI-M W-UME. S S 0 VMEE R VJV-L-r,,Tr- SS Boibre me the undmigyned author-ity Vc;rsonally vtppcared the owncr(s) named above -%Tvlio upon being duly sworn acknowledg-ed before zine that they an, the wvncr(s) of ffic real property dcscrilbed abcyvc and dhat they executed the d - power 0-fatforney for the purpose suited the S -worn and sub. -gibed lhi'wof 20 �m�4 4 Conjmtssjon # GG 10201 io SfytombV 9, 2021 Notary Public: Commission Expires: (Rev 912017) Page 5 of 11 1/8/2020 Detail by Entity Name DIVISION OF CORPORATIONS .org ,Qepartment of State / Division of Corporations / Search Records / Detail By. Document Number / NMA0 �kC�\Ck� BOUNDARY SURVEY PREPARED FOR L 0 UMAX DE VEL OPMENT, INC. 1.yI. j-7 tJl[ M rat YAP ECAIE: I NOI . eo RLT NTEa1DEa p$PIAY SfJIL A PORTION OF THE FLORIDA EAST COAST RAILWAY COMPANY RICHT-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 (R/W) LINE OF SW 6TH STREET WITH THE WEST R/W OF SW 77H AVENUE,• THENCE NORTH OOOB 5-J" WEST ALONG 7HE WEST R/W LINE OF SAID SW 77H A VENUE, A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89-4942- WEST, A DISTANCE OF 199.99 FEET TO THE IN7FRSEC77ON WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF BLOCK 251 OF SAID PLAT OF FIRST ADDI7TON TO OKEECHOBEE; THENCE NORTH 0008'48" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 693.5 7 FEET TO THE INTERSEC77ON WITH THE WESTER[ Y EXTENSION OF 714E NORTH R/W LINE OF SW 4TH STREET,• THENCE NORTH 89 4729" EAST ALONG SAID WES7ERLY EXTENSION, A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SW 47H STREET- THENCE SOUTH 000848" EAST ALONG THE WEST R/W LINE OF SW 47H 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 7HE PUBLIC RECORDS OF OKEECHOBEE 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 000853" EAST ALONG THE WEST R/W LINE OF SAID SW 77H AVENUE, A DISTANCE OF 23.65 FEET TO INE POINT OF BEGINNING. PROJECT SPECIFIC NOTES. 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULATED(C) AND MEASURED(M). 2) S1 7E ADDRESS• NOT ASSIGNED AT TIME OF SURVEY. J) F.I.R. M. ZONE. X" MAP NO. 1209JC0480C, DATED 07/16/15. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, ]MERE MA Y BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. 6) THE SURVEY DEPICTED HERE 15 NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELE77ONS 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) DATE OF LAST FIELD SURVEY 12/,30/19. m p 04 d ;b le.PUTIm I m i on-olsoo-oola I O C 6 R W 'N m 0 ° N � 3 Y tl g owo-oTNo-oolD rowo fn' wall [waw '7a.• 1[r 1n" ora sw MATTCD w Im s .� • �I i o v I �% T. gll DESCRIP TION: BY CI( PwT {{I I ales W ]; > - rola INc ..a .. a. Lr e J a ".�. i ww CN YN u .110' FILE: 33e21 JOB N0: 33121 r 102. 5 LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 190, OKEECHOBEE, ACCORDING TO N V 19'47'29• W K aevr7e c I3e.elr THE PLAT THEREOF RECORDED IN PLAT BOOK S PAGE 5 OF THE PUBLIC °� : z 1p "° RECORDS OF OKEECHOBEE COUNTY, FLORIDA. �Q� a tD FK- -°N 0- j V O t- CLO SV an, STREET n.TN v 5 W 4TH 9T. F� M i O O Av[ru[ - w .v[.,P1 AND N a b (N01 N4a0E0) s N )(8 (X v ALL OF BLOCK 191, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF m m RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF P N B9° 7'29• E 139.9 .eoa OKEECHOBEE COUNTY, FLORIDA. ° (— AND w ° C 'roe i wwol IIT 1n' ww :.e � ..# , tiI. Iew an, 1 A PORTION OF THE FLORIDA EAST COAST RAILWAY COMPANY RICHT-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 (R/W) LINE OF SW 6TH STREET WITH THE WEST R/W OF SW 77H AVENUE,• THENCE NORTH OOOB 5-J" WEST ALONG 7HE WEST R/W LINE OF SAID SW 77H A VENUE, A DISTANCE OF 76.17 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89-4942- WEST, A DISTANCE OF 199.99 FEET TO THE IN7FRSEC77ON WITH THE NORTHERLY EXTENSION OF THE WEST LINE OF BLOCK 251 OF SAID PLAT OF FIRST ADDI7TON TO OKEECHOBEE; THENCE NORTH 0008'48" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 693.5 7 FEET TO THE INTERSEC77ON WITH THE WESTER[ Y EXTENSION OF 714E NORTH R/W LINE OF SW 4TH STREET,• THENCE NORTH 89 4729" EAST ALONG SAID WES7ERLY EXTENSION, A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SW 47H STREET- THENCE SOUTH 000848" EAST ALONG THE WEST R/W LINE OF SW 47H 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 7HE PUBLIC RECORDS OF OKEECHOBEE 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 000853" EAST ALONG THE WEST R/W LINE OF SAID SW 77H AVENUE, A DISTANCE OF 23.65 FEET TO INE POINT OF BEGINNING. PROJECT SPECIFIC NOTES. 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULATED(C) AND MEASURED(M). 2) S1 7E ADDRESS• NOT ASSIGNED AT TIME OF SURVEY. J) F.I.R. M. ZONE. X" MAP NO. 1209JC0480C, DATED 07/16/15. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, ]MERE MA Y BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. 6) THE SURVEY DEPICTED HERE 15 NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELE77ONS 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) DATE OF LAST FIELD SURVEY 12/,30/19. m p 04 d ;b le.PUTIm I m i on-olsoo-oola I O C 6 R W 'N m 0 ° N � 3 Y tl g owo-oTNo-oolD 1 I W �% T. gll V 21 BY CI( PwT {{I I ales W ]; > - >n ww CN YN u .110' FILE: 33e21 JOB N0: 33121 r 102. 5 N V 19'47'29• W Sw SIN STREET' DIA N SIX=N (NOT "a M) ><r Is .e# B9°47'29• E 83.04' lea TOTAL PARCEL CONTAINS 'Loot 1�1 *2.71 ACRES 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 depleted here Is prepared -cludvely for those parties noted. No responsibility or Ilobslly le assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed $ed of Florida licensed surveyor and mapper 14820. There are no visible obove ground encroachments sacept os shown. and/or encroaments (If any) as part of this survey. This survey was prepared In accordance with and conforms fors to the standards of practice for professional surveyors and mappers as No Werrawas made to locals underground improvementsch (VACANT) owo-oTNo-oolD 1 I 71-aT-7a ooto-oulo-olao �% T. Tal evUlpa; n tLellT a tsnlrt aol[nn•s c DESCRIPTION OWC. DATE BY CI( BOUNDARY SURVEY 01/02/20 REVISE LECA[ DESCRIPTION 01/31/20 DELTA: 03'23'1 B• `L RADIUS: 1230.00' FILE: 33e21 JOB N0: 33121 LENGTH: 72.741 \ MIT I X, f/e' ww am w 11Y u aa# ! Oooe'!Y E 710.' Iola TIN[ A.• f 6 89'49142• W 199.99' P.O.B. INPLATRy P.O.C. \ ITalM[ 1ni10 l0.) 0 t` 6W 6TH STREETTu HW 5TH ST. - oo,wsTIPI AL (Nj = lD D A 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 depleted here Is prepared -cludvely for those parties noted. No responsibility or Ilobslly le assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed $ed of Florida licensed surveyor and mapper 14820. There are no visible obove ground encroachments sacept os shown. and/or encroaments (If any) as part of this survey. This survey was prepared In accordance with and conforms fors to the standards of practice for professional surveyors and mappers as No Werrawas made to locals underground improvementsch Z m outlined In Chapter 5J-17, Florida Administrative Code. O " Z O W ; • • v' N II J O O J D PREFAB FOR THE EXCLUSIVE USE o : LOIJMAx DEVELOPMENT, INC. TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34874 Tel: (863) 783-2887 Fax: (863) 763-4342 Email: kab.trrpa®yahoo.com Q Richard Barnes, 111. PSM 7074 LECENO O -Set Iron Rod and Cop -KAB LS 4820' ■-Found CM *-Found Iron Rod (and Cop) m -Found Pipe (and Cop) ABBREVIATIONS 6g 9 REVI: TIONS avne,•: ra.Cenl M'ne: C.Cticvbled: E..MCaeN TV; Cu. Ee.a t1 Mem....n; mNo-cw.a..la o -0«a a.otlle . c.nu.l a•7a c•E«I: EIT.Ea.IMr E/P.E". el Par 1: CWT.EaNmw,l; r.la.u..nWw wvau aa. uas: M0•rwwa F•aan PI_ IRr(C)nm Rea 1M. 10 Cap): L•(M.) I. ,.: u.0«w„w: uN-uo.u.tl.; N.N>l.: N'Lv.aon.My, NGXD)-Nelbnd c. to �.�.p goo. � �::n wwlab __0-_ P,rn..n,-1 Can"tl Pent; P09.Pont el ere_"; Poc-Pewl N Cw.I.v.c ': MIC-Ptlnl el R..►.. an•.lur.; PAL.Pw,nwl.nl a.lww,c. uenulnwl: PT -Pewit el Taee.�. , Puna-Pwac uunq w.e o.nwava w.aaw.1: R/N.RI0 -N-war. r`"isr-w:.Fl.11 (N.NjV Tal evUlpa; n tLellT a tsnlrt aol[nn•s c DESCRIPTION OWC. DATE BY CI( BOUNDARY SURVEY 01/02/20 REVISE LECA[ DESCRIPTION 01/31/20 WC KAB WC RB KR saT-a-..T LK o >• YN v[Ml[ a cowl N suA ` opos'sr [ FB C: 354/79 SCALE: 1' w 60' FILE: 33e21 JOB N0: 33121 -\: _UJ SWPARK ST - - - .1._._.- .._ - --. t . s•. _,`'�', :.:.E'. s } 4 ` ` yr • Y �i :f + Q it � r I '�I -''1!'T•6... I IIS � SW 2ND ST ;a SW2ND'ST Sp� `j7 � f "."' lull r�., � t� _ � : 7,�ai► ''y� + _ :I I� " � ice' i � S. '°' i � 1 �,�.((,�_�`i�y •YY9 +,fig � � _ `�; j '� ,'": r _ �4 r � N:' n� MCI— Ai ar+�' ��ytrp_ ��rc� �- i��„�`} ��t; :y�yt,.,::, �`x.;-t. Egi.,r, ,i' � �+��;'��•Hy..� ;�, �'j 4 {��:. ia 61 W� ,4 IN �Sk s� f— T �s ,� -SW3RD ST ,cam '_ �s `Y 4f t' ;'•;. Irl' p•''tY d �.I� r^�• - •1 fir' `�-' x �s F�}� , + r . � 9' �.'�"x. JS �>' �� pt vii • a,�-.�-•'L-•`. ,�''� °� �{� �- � �� '.t- ;�. j ._ ._ ._ - '-SW_4THST -'--{------- 'rE�jL •`i"�'7u[`}]r-• M1 .. C' lj�,•C• { '" 1R''+1{�C. € '��•� i 4. �/' y� ��lo' 4, •�', � E,� � .J\N •��'J+' 4 M jFi�'Y; � �T�'S, �• -RA 'ek}• • ,p i ,y,. AZ ', 4;: ? r Ll v 'SW 5T8 S rn w T � l y �r. .,� x- �J.! to fye�.,:�i,,.' y'o i E A ;:p•-.7r++'n ' w •Y�t `f• 1LE ` .r.i>A • �•.s ' h i I �'F%L t.'} .•F_-i2�-..!R hy? '•�,r" : `1�. -+St r4 t5.r +t��•At: � yr C'Yr t 4o Vit' Yµ { � ,' r. '>'� s � -- -� •_ I� �` tii�'"'r:-.ra�'.ric�;i.�s�r ��' jt L'• .4 MI5 MAP HA9 BEEN COMPIIEDFROM THE M09TwU1HEMIC INFORIMl10NAVAIURLE wNO 0 THEaFlHOREECO AS5 PROPERTYAPPRAI9ER'9 FFlCE DOE91giA99lM1E RE9PONSIdIITY OKE ECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE ' FOR ER0.0P4 Oft OMMI910N9 CONtwIlIEO HEREON 2-21-37-35-OA00-00006-0000 HAVEN OF REST INC 32801 US HIGHWAY 441 N LOT 244 OKEECHOBEE FL 349720296 2-21-37-35-OA00-00053-0000 SALRY RR C/O CSX CORP 500 WATER ST J910 JACKSONVILLE FL 332020000 2-21-37-35-OA00-00013-0000 DIOCESE OF PALM BEACH ATTN REAL ESTATE DEPT P 0 BOX 109650 PALM BEACH GARDENS FL 334100000 3-21-37-35-0020-02510-0010 A CHILD'S WORLD CHILDCARE & PRESCHOOL INC 703 SW 6TH ST OKEECHOBEE FL 349744288 3-15-37-35-0010-01970-0010 OKEECHOBEE COUNTY SCHOOL BOARD OKEECHOBEE FL 34972 3-21-37-35-0020-02510-0120 110 MARION ROAD INC PO BOX 453511 MIAMI FL 332453511 3-15-37-35-0010-01920-0100 HAMRICK SARAH REGINA REVOC TRU P 0 BOX 837 OKEECHOBEE FL 349730000 3-15-37-35-0010-01920-0070 UNDERWOOD WILLIAM L & KELLEY A 615 SW 5TH ST OKEECHOBEE FL 349744258 3-15-37-35-0010-01920-0040 UNDERWOOD WILLIAM L & KELLEY A 615 SW 5TH ST OKEECHOBEE FL 349744258 3-15-37-35-0010-01920-0010 SCHOOLEY KEVIN L & DEBORAH S 2139 SW 22ND CIR N OKEECHOBEE FL 349745701 3-15-37-35-0010-01890-0010 KNISELY LINDA RUCKS & ROBERT 601 SW 4TH STREET OKEECHOBEE FL 34974 3-15-37-35-0010.01790-0080 HILL JUDITH E 635 SW 85TH AVE OKEECHOBEE FL 34974 3-15.37-35-0010-01790-0060 CREECH DANIEL B 406 SW 2ND STREET OKEECHOBEE FL 34974 2-21-37-35-OA00-00005-0000 LOUMAX DEVELOPMENT INC PO BOX 5501 FT LAUDERDALE FL 33310 3-15-37-35-0010-01790-0010 BELIEVERS FELLOWSHIP P 0 BOX 653 OKEECHOBEE FL 34973 2-21-37-35-OA00-00001-A000 OKEECHOBEE PLAZA PROPERTIES MANAGEMENT LLC 4285 21ST STREET SW VERO BEACH FL 32968 2-21-37-35-OA00-00001-A000 OKEECHOBEE PLAZA PROPERTIES MANAGEMENT LLC 4285 215TSTREET SW VERO BEACH FL 32968 3-15-37-35-0010-01890-0100 SCHOOLEY KEVIN L & DEBORAH S 604 SW 5TH STREET OKEECHOBEE FL 34974 3-15-37-35-0010-01890-0040 SCHOOLEY KEVIN L & DEBORAH S 2139 SW 22ND CIR N OKEECHOBEE FL 349745701 t' Cw' f Petition No. ��' 00' Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of DECEMBER 19TH 2019 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of 9 Signature of NEALMARKUS Name of Applicant (printed or typed) i 9 - Date Sw d subscribed before me this ��' day of 7 �� Personally kno e a26&- 7r)A�Gv s or produced as iden I :-cation and did not take an oath. a Notary Public, State of Florida Seal: THERESA GERARDI '? MY COMMISSION # GG017783 EXPIRES August 11, 2020 (Rev 9/2017) Page 3 of I I 1/6/2020 Okeechobee County Property Appraiser rtOkeechobee Carmty Property Appraiser Parcel: - 3-15-37-35-0010-01910-0010 --------- -- --- - ---- - - Owner & Property Info ISPRADLEY RUTH G & NEMEC GALE B Owner 11%NEMEC CHILDREN'S TRUST 15243 EUROPA DR UNIT P c BOYNTON BEACH, FL 334370000 j Site _ _SW 6TH ST, OKEECHO_BEE_ —Description* ICITY OF OKEECHOBEE ALL BLOCK 191 2019 Certified Values I updated: 1/2/2020 ' Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 Area i 0.409 AC_ _ S_/T/R 115-37-35 fF Use Code" -'VACANT (000000) Tax District I50 ' 'The Description above is not to be used as the Legal Oescription for this parcai in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County . Planning & Development at 869-753-5548 for zoning info. Property & Assessment Values 2018 Certified Values 2019 Certified Values—+ 1 Mkt Land (1) 1 $25,087 Mkt Land (1) i --- $25,087 Ag Land (o) $0 Ag Land (o) Building (0) $0 Building (o) i $0 $0 Just —..___.-•$25,087 Just M-- ^_ — $25,087 Class $0 _Class __$25,087 $0 Appraised Appraised $25,087 SOH Cap [?j _ $0 SOH Cap [?] $0: Assessed _ $25_,087_ — $25,087 _Assessed Exempt - $0 Exempt — $0 _ county:$25,087 _ -� county:$25,087 Total city:$25,087 Total city:$25,087 Taxable other:$25,087 Taxable other:$25,087 ' 1 4 school:$25,087 i school:$25,087 Note: Property ownership changes can cause the Assessedvacuo of the j -- taxes.. - _.. t w C 'l• Ej Sales ( r' r Sales History Sale Date Sale Price BooIi7P-age - ` Deed V/I Quality (Codes) RCode I -__$01&1436 ' T ~ WD - V U 03 i . Building Characteristics ! p Bldg Sketch Bldg Item I Bldg Desc Year Blt Base SF Actual SF Bldg Value NONE y _.___..-_____-____.._..._.___.---._._..--------•--.-_—._..._____..._._._......... ..... .__.-----...___......_.__..__ __......._.___..........._-_-_-__.__....---....._. l'w Extra Features & Out Buildings (codes) I Code I Desc j Year Blt Value T Units Dims Condition (% Good) NONE t i _ ' w Land Breakdown I ...._...__._..._._ .......... Land Land Code Desc - i - Units - Adjustments Eff Rate Land Value ; 161C12 CITY LT (MKT) 223.000 FF - (0.409 AC) 1.00/1.001.00/1.00 I $112 ; $25,087 ® Okeechobee County Property Appraiser I Mickey L. Sandi I Okeechobee, Florida 1863-763-4422 by: GdzzlyLogic-own 1/6/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser lyiickey L. Bandi Parcel: ;« 3-15-37-35-0010-01900-0010 » ;Owner & Property Info Result: 1 of Owner S NEMD C CHIRUTH N S N MEC GALE B j UST :608 HARBOUR POINTE WAY 1! !GREENACRES, FL 334130000 Site SW 7TH AVE, OKEECHOBEE iCITY OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK Description" ! 190 Area - - 10.86 AC -- --- - S/T/R _- - 115-37-35 - Use Code"'` (VACANT (000000) -!Tax District 150� 'The Description above Is not to be used as the Legal Description for this parcel in any legal transaction. "rhe Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at a63-763-5548 for zoning info. 4 2019 Certified Values updated: 1/2/2020 Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 ,-t Property & Assessment Values - ..�14., - .=•` 2018 Certified Values- 2019 Certified Values Mkt Land (1) - _ $41,850 Mkt Land (1) C _- $41,850 Ag Land (o)-� $0 Ag Land (o)�_ $01 'F Building (o) ! XFOB (o) _ -j �" ------ $0 Building (o) -r- -_ $0 XFOB (o) -- $0 Just $41,850 Just i $41,850_ #) - Class _ y $0 Class - $0 Appraised $41,850 Appraised i $41,850' SOH Cap [?]; $0 SOH Cap [?] i $0 , AssessedI----- i $41 850 Assessed I $41850 Sales k LU7 z f �n .Exempt--! -. $0 Exempt�$0- ; --- - - county:$41,850 - ——i—unty:$41,850 }` +' Total city:$41,850 Total city:$41,850 ; Taxable other:$41,850 Taxable other:$41,850 ' '�? r , i school:$41,850 school:$41,850'"r ,*" r Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property # r taxes. _....... ...... --- ----- - �' Sales History Sale Date Sale-- Book/Page Deed W1 Quality (Codes) ! RCode ale- - _�. ��.____-_---_ 8/1/19901 $0 t•.31W1436i WD ! V U 03 4/6/1964 $0; 80/0731 QC V U 03 2/18/1964 $0: 79/0499 I QC V U 03 2/17/1964! $0; 7910497 QC V U j 03 —._._.-----_.... .... _.... ___.___._._._-.-------_-._--_.---._-.------.---.--._._.___.._.__._.......____..___------•--_..-__._..__...._.....__..____...__-_ Building Characteristics Bldg Sketch Bldg Item Bldg Desc'" ; Year Bit Base SF _! Actual SF Bldg Value NONE 'v Extra Features & Out Buildings (codes) Code Desc i Year Bit ! Value Units I Dims l Condition (% Good) NONE Land Breakdown ....__._...__..................... _._._ ._... _.... - ...._..._._.._.. ...--- ----- --... Land Code Desc Units Adjustments Eff Rate Land Value 1/6/2020 Okeechobee County Property Appraiser 161Cl2 CITY LT (MKT) 300.000 FF - (0.860 AC)1.00/1.00 1.00/1.00 $140 $41,850 j Search Result: 1 of 3 0 Okeechobee County Property Appraiser I Mickey L. Bandl I Okeechobee, Florida 1663-763.4422 by: GdzzlyLogic.com g4b.okeechobeepa.com/pis/ 1/6/2020 Okeechobee County Property Appraiser Okeechobee Co-tmty Property Appraiser 2019t;ertafied Values 1JI-01:ay i•. i;�?i?i j-i updated: 1/2/2020 ! Parcel: « 3-21-37-35-0020-02510-0130 » Aerial Viewer Pictometery Google Maps j _............. ....... _......_.._... _.. ---....._ _. !Owner & Property Info ; , 2019 2018 2017 2015 2014 Sales 1 o .......... — I I ISPRADLEY RUTH G & NEMEC GALE B- _ �i r:• -' ! /oNEMEC CHILDREN'S TRUST + ;rs *4 :Owner 1608 HARBOUR POINTE WAY GREENACRES, FL 334130000 Site ISW 6TH ST, OKEECHOBEE • I? II tr _e (THAT PORTION OF THE FLORIDA EAST COAST 4 ?, ,... i RAILWAY COMPANY RIGHT-OF-WAY, SINCE *'" ��' i$�r�—'•� ABANDONED, AND OF NORTH CURVE STREET, I Description" SINCE ABANDONED, AS SHOWN ON PLAT OF " ` •, n = FIRST ADDITION TO OKEECHOBEE, FLORIDA, AS ! r`'':r''' !RECORDED IN PLAT BOOK 2, PAGE 26, OF THE fit �`. IPUBLIC RECORDS OF SAINT ...more»• Area j 1.6 AC S(f/R f 21-37-35 L"`� ,• Use Code's VACANT (000000) ;Tax District 150 { L -i -- ---- ----' ----- --_- E I I ''Tho Descripthn above Is not to be used as the Legal Description for this parcel •t ! in any legal transaction. I -The Use Code is a Dept. of Revenue code. Please contact Okeechobee County �d l i Planning & Development at 863-783-5548 for zoning info. ;Property &Assessment Values ! 2018 Certified Values 2019 Certified Values * �• Mkt Land (1) _1 - ---$15,600 Mkt Land (1) (--- $16,800 .'� L---------- Ag Land (o) $0 Ag Land (o) �____ _-----$0 # ►� 7, Ag La- "'� Building (o) i ----- _ $0 Building (o) $0 j fah s ..,.�...,,� ! XFOB (o) { $0 XFOB (o) $0 i a p I------_ —... -- --.__-- _.. _— — — ----- ! �i r ri Just $15,600 Just $16,800 tl•- b ; Class $0 Class--�_--� - - - r j;..__-----t--- -- - — — -- -- -- --r--- -- --- -$0 s j ! Appraised I $15,600 Appraised $16,800: r SOH Cap hl �. _..-• • ---$0 SOH Cap I?l _ _ _ $0wi +a Assessed $15,600 Assessed— -$16,800 ` l t Exempt $0 Exempt ; j I county:$15,600 county:$16,800 Total ' city:$15,600 Total city:$16,800 ~ _: mtqwM Taxable other:$15,600 Taxable other:$16,800 i 1• I school:$15,600 school:$16,800 � ! 4t I Note: Property ownership changes can cause the Assessed value of lite fI ,.- • e.Y property to reset to full Market value, which could result in higher property 1 `tp IR j taxes I i I. - I Sales History I Sale Date ! Sale Price Book/Page I Deed I V/I 1 Quality (Codes)---F RCode -- ---- --- - _._... i- _._..--=--.-__.....------- --r--- - 8/1/1990; $0� 1.316/1436 WD t V U 03 Building Characteristics I_.-_--__._..._....-..._.___......_..__......__.___........__._._...... ....... ___._._..._.._._....._...... ..... ............ ..__._.... I ! Bldg Sketch Bldg Item i Bldg Desc* j Year Bit Base SF ! Actual SF Bldg Value -- •--._._.._ ........... ........ .... .. ,NONE .._.... - ------ N _ _....._..__ ._ .._.__._.... _ _ - ._._ ._..... ._ ._.....--.._..-_._.-..__.._..._.. _.__..-.-.-•-.---_._. _._ __ ..---.._.. _------.----.._____._..---._..._ ..._._._._..-_-....---..... _..___...-__.. _ _. _.....-.-_-_...____..---..._.__._-__.._...._....__-._.____._ .. _._ _._... Extra Features & Out Buildings (codes) f ; Code _..._.i . .Desc _II_._-_..Year Bit Value `_.-.. Units Dims_....._ .-_..----....___..Condition (% Good)__....._......__ NONE -! I _........._.._............ ......... _..._.----_------------ Land ---•----•-Land Breakdown l ' Land Code _ Desc- - Units Adjustments Eff Rate ; Land Value 1/6/2020 Okeechobee County Property Appraiser 961CAC I NON/CONFG (MKT) 1.600 AC I 1.00/1.00 1.00/0.75 f $10,500 1 $16,800 ® Okeechobee County Property Appraiser I Mickey L. Band! I Okeechobee, Florida 1863-763-4422 by: GrialyLogic.com g4b.okeechobeepa.com/gis/ �r� Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Neal Markus Loumax Development Inc Address: Petition No.: LaKue, nI_- I aloof 500-600 Block of SW 7th Avenue 20-001-R Staff Report Applicant: Neal Markus, Loumax Development Rezoning Petition No. 20-001-R General Information Applicant Neal Markus, Loumax Development Inc Owner Ruth G. Spradley & Gale B. Nernec Applicant Address PO Sox 5501, Fort Lauderdale, FL 33310 Applicant Email Address njmarkus@gmail.com Site Address ° 500-600 Block of SW 711 Avenue 3-15-37-35-0010-01910-0010 Parcel Identification 3-15-37-35-0010-01900-0010 3-21-37-35-0020-025'10-0130 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 711 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:,,Zon ngkand, Existing Il,,tse Future Land Use Zoning Use of Property Acreage Existing Single Family and Multi -Family Residential Residential Multiple Family Vacant 2.87 acres Proposed Industrial Industrial Industrial 2.87acres LaKtic 1 planning Sia -1 Report Applicant: Neal Markus, Loumax Development Rezoning Petition No. 20-001-R Analysis Industrial.. Industrial,' Loumax Development Single Family Residential Residential Multiple Family Single Family Home and Vacant Multi -Family Residential Residential Multiple Family;`' Childcare Facility Multi -Family Residential Residential Multiple Family Vacant and Pending Residential Apartment Complex 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 ptanning Future Land Use'pg R North Zoning Existing Use Future Land Use East Zoning Existing Use Future Land Use South Zoning mi Existing Use Future Land Use West Zoning Existing Use >: Analysis Industrial.. Industrial,' Loumax Development Single Family Residential Residential Multiple Family Single Family Home and Vacant Multi -Family Residential Residential Multiple Family;`' Childcare Facility Multi -Family Residential Residential Multiple Family Vacant and Pending Residential Apartment Complex 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 ptanning Siaaff Report Applicant: Neal Markus, Loumax Development Rezoning Petition No. 20-001-R Applicant's concurrent small scale future land use map amendment, then this rezoning request cannot be approved either. 2. Theproposed use being applied for is specijically 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 eject 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 ta;c 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. �. 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. 0 Outdoor sales and storage, building contractor ® Wholesale sales and distribution ® Enclosed warehouse and storage • Commercial laundry, dry cleaner m Auto service station, car wash ® Radio, television or cable reception, transmission or operational facilities. ® Public utility. o Public facility • Water treatment services, (including storage of chemicals for use and/or retail sale) o Pest control (including storage of chemicals for use and/or retail sale) • Medical marijuana dispensary 3 pianni:ng Staff Report Rezoning Applicant: Neal Marl<us, Loumax Development Petition No. 20-001-R S. The proposed use will not adversely affect property valves 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 trucl< traffic in this neighborhood could also affect the living conditions of the nearby residents. 6. Th, C proposed use can be suitably buffered firora 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 7`h 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 lil<ely 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 Vh 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. LAI<- planntng Staff Report Rezoning Applicant: Neal Markus, Loumax Development Petition No. 20-001-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Ai?plicant 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. RecommenWatto 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 8, Environs Zoning, Subject Site 2, Environs Aerial, Subject Site 8, Environs planning Staff Report Applicant: Neal Markus, Loumax Development Rezoning Petition No. 20-001-R SUTURE LAND USE SUBJECT SD u iE AND IENVIIR®NS q 202 M q LAND USE CLAS Is ICA711ONS j 3_E • F .!.'iiY RESIDENTIAL ;.:cD USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL - COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE HOPKINS MEANDER LINE UNINCORPORATED 164 165 166 1178 77 176 189 - 188 187 I 192 198: 1-4 197 196 1 Staff Report Rezoning Applicant: Neal Markus, Loumax Development Petition No. 20-001-R ZOMMG SUBJECT SITE AND ENVIRONS LU zoo ` � ,� 189 88 7 //� Z 190 1' 8 ject --- b petty, LaKuc planning 197 251 I � , 233, 2,`34 ZONING a L A, Staff Report Applicant: Neal Markus, Loumax Development Rezoning Petition No. 20-001-R AEMA L SUBJECT SITE AND ENVMONS Lill SIN 3P -r) ST L 4.1 N7--" :1 - A X113n�t xpandet!�; A, t Jlk F-im Ik Cram 1<�-- u P 5 CT dE A. - JL AMMON" IRR, 'A �i- .-W SVIGTHST Is 7-V L -Ku. 8 Pfannilng 5 l I tlarl-cd ouf bu �-kc -SPP t noris NEMEC Children's Trust II__ ^^ Rationale for approving the request to Industrial FLU and Industrial Zoning ��v�� Loumax/Ecotec purchased this property October 12, 2001 and built their operation. It has grown over the years and has been a steady employer of Okeechobee residents and have grown and expanded their business to the point there is no more room on their parcel to expand. The parcel to the west was purchased by a church who are going through the permitting process and the 50' to the west is just not enough land to purchase. The only place left to go in this area is to the south. f,4 � , 0x A fi NEMEC Children's Trust Rationale for approving the request to Industrial FLU and Industrial Zoning As shown in the exhibit on the previous page, the parcel is very odd shaped and lends itself to something other than the current residential zoning. As you can see from the original plat below, this parcel was adjacent to the Florida East Coast Railway Yard and Grounds and the parcel to the west was part of a reserved lot and the parcels to the north were part of the Florida East Coast Railway Yard and Grounds, which is probably the rational for the industrial zoning on those lots. caaGt�lav co�ar sa,I gra Igo Y 31) 0 JZ F N UZ Z Q h N Q di O l } 0 J LL iewwM `! XMMW-�wMM��IIF�:��J C�dgd CC;C,�Ia ��:11cF��1i111a bG� Yt;YGr,'G YYYYiI :.-691 =: rE Ic I= lum . 112caw 0 %J ndGBi - bel�n �hXe�Q +' MIM LOT 4 J LOT 5 LOT J U l E ~�� % i -� KNow ALL MEN BY THESE PRESF-N�"5, _ R��o`a'-mq,� s mn a so vo -� A' N OKEECHOBEE. COMPANY NEMEC Children's Trust Rationale for approving the request to Industrial FLU and Industrial Zoning From the Future Land use you can see the sporadic land uses in the area, if this is granted there will be nowhere else to expand to industrial iD ST A62- 1 157 156 515 KW. PNW ST F L A jj�G L E R lilt, -0) YJ 167 240 IT S j 175 V &W 31W ST €182.18 771 -14 16 W S.W. 4 TH ST B.W. STH ST &W. STM ST &W. 7TH ST.,' NEMEC Children's Trust Rationale for approving the request to Industrial FLU and Industrial Zoning From the zoning map below you can see the zoning makes more sense and multifamily zoning is a transitional land use and complementary to industrial. N. W. PARK ST . S IArE ROAD 71-% N.W. PARK SI 1R 15 F L A G L E R 21 ZZ P S.W.PARK S1 ;;. � PA s. ^+G",1 0 1 T S.W. 2 ND > S.W. 3RD ST I I mNow 181 ,4i S.`N. 4TH ST > S n \186 185 Z twom.N S.W. 5TH ST 195 218 S:d✓. g iH ST f I q a f , F.I°11.L.FI 01-01460i -oil +•r_t This business currently employs 32, pays taxes and local business support approximately $1.2 M per year. This project will add 10 —14 additional full time employees. 20= 2Qt ,21 LYi9 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 10115 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date: _ . ��_Q Petition No. Fee Paid: Jurisdiction: Hearin _ �i_ 1� 2" 9 g `�-1 Hearing: s 7-aG o' ear�xU Publication Dates: . Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Best Value Real Estate LLC 2 Owner mailing address:407 Saint Andrews Dr Belleair, FL 33756-1935 3 Name of applicant(s) if other than owner Dillon Moore 4 Applicant mailing address: 407 Saint Andrews Dr Belleair, FL 33756-1935 E-mail address: dmoore@bestvaluehealthcare.com 5 Name of contact person (state relationship): Dillon Moore, Chief Financial Officer 6 7 Contact person daytime phone(s): 251-802-9996 PROPERTY INFORMATION Property address/directions to property: 204 SE Park St K r. Okeechobee, FL 34972 8 Describe current use of property: Medical Office Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. 9 1 Office/Medical Office, 0 dwelling units, Currently in -use, non-vaccant Source of potable water:City Method of sewage disposal: City 10 Approx. acreage: u.5) 11' 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 1 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 East: Office Building South: Assisted Living Facility West: City Road/Retail Stores 14 Existing zoning: Residential Multi -Family Future Land Use classification: commercial 15 I 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 1 l 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signatur Printed Name Date Dillon Moore 01/30/2020 �i For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of I I REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Owner Non-refundable application fe : Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 8/23/2019 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: 22 a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application C. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 1 Completed specific application and checklist sheet for each request checked in line 15 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signatur Printed Name Date Dillon Moore 01/30/2020 �i For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of I I FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 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. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. We are applying for Central Business District zoning which is consistent with surrounding properties and consistent with the property's current use. 3. The proposed use will not have an adverse effect on the public interest. 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. 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. The Property is located in the down -town are a of Okeechobee and there are many other small offices and other medical offices surrounding and adjacent to the property. 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. 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. (Rev 212019) Page 6 of I I ADDITIONAL INFORMATION REQUIRED FOR REZONING A Current zoning classification: Residential Multi -Family Requested zoning classification Central Business District Describe the desired permitted use and intended nature of activities and development of the property? B Operation of existing Medical Office Is a Special Exception necessary for your intended use? (X) No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (x) No (—) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, am. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 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. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. We are applying for Central Business District zoning which is consistent with surrounding properties and consistent with the property's current use. 3. The proposed use will not have an adverse effect on the public interest. 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. 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. The Property is located in the down -town are a of Okeechobee and there are many other small offices and other medical offices surrounding and adjacent to the property. 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. 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. (Rev 212019) Page 6 of I I Findings required for rezoning or change in land development regulations (cont.) 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 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. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 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, 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 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. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. We intend to use the property as It has been used for the last 30+ years, as a simple primary care medical office. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 2/2019) Page 7 of 1 l A18 k34St Best Value Healthcare Best Value Real Estate 407 St. Andrews Drive Belleair, FL 33756 1/30/2020 To whom it may concern, �® We respectfully ask that the City consider this application for rezoning of a property that we own d located at 204 SE Park St, Okeechobee, FL. Parcel 1: 3-15-37-35-0010-01710-0020 (Practice) Parcel 2: 3-15-37-35-0010-01710-0040 (vacant lot) Best Value Healthcare and Best Value Real Estate purchased the practice and land from Stanley Sweda, MD in July/August 2019 (closing of the land took place on 8/23/19) as Dr. Sweda was permanently retiring from practicing medicine. We 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 property is currently zoned Residential Multi -family for reasons unknown. The property appears to have taken on the zoning of Residential Multi -Family in 1998 despite the practice being in operation since 1987. The Property Appraiser Building Description is "OFFICE MED." The property is surrounded and directly adjacent to "Central Business District" and Commercially zoned properties. There is no other residentially zoned property on the block in which the property is located. The Future Land Use map provided by the city has the property zoned "Commercial." Based on the surrounding properties as well as the circumstances above, we feel that the most appropriate zoning is "Central Business District." The practice has been a fixture in the community and has served thousands of patients over the past 30+ years. We look forward to continuing our successful partnership with the City of Okeechobee and its surrounding communities. Thank you for your consideration. Please feel free to reach out to me at any time for questions regarding this matter. Sincerely, Dillon Moore Chief Financial Officer dio-)re(a)bestvaluehealthcare.com 251-802-9996 Current Zoning: 1 1 -W4W Alm N.A. 4 H ST -5 24, RL) Si T-7 (y4P11 , I 1 11 Best Value Healthcare Best Value Real Estate 407 St. Andrews Drive Belleair, FL 33756 CL 57W QT N.E. 4 TH ST 3RD 5T 53: 45 ZONING Future Land Use: ._.._ L 75w uw an .,2 32 .231, aw 36 237 Best Value Healthcare Best Value Real Estate 407 St. Andrews Drive Belleair, FL 33756 M LAND USE CLASSIFICATIONS -- 1st line SINGLE - FAMILY RESIDEN i IAL WED USE RE:IDENTIAL 14UL71 - FAMILY RE,SIDENTIAL - COMMERcm NDUSTRiAL PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE — HOPKINS MEANDER LINE J UNINCARPORAiED n CZ0 F nIIf1g11111111 II(ii fill fill HUM 2D19��9]3OR BK 822SHARON ROEPG OR, CLERK COMPTROLLER OKEECHOBEE COUNTY, FLORIDA RECORDED 08/28/2019 12:20:03 Psi ALIT $170r000.00 RECORDING FEES s1S,S0 DEED DOC s1,190.00 RECORDED BY L She in This Documrnt Prepared By and Return to: P9S 1950 — 19511 (2 Pss) Christopher J. Twohey, PA 844 SE Ocean Blvd. Suite A Stuart, Florida 34994 Parcel In Number: Warranty Deed This Indenture, Made this 23rd day of August ..019 A,D., Between Stanley Swedes. M.D. (as to Parcel 1) and Gall Slekmana and Marcella Curcurito, as Personal Representatives of the Estate of Rennae Belsky Swedes, deceased (as to Parcel 2) of the Countyof Indian R(ver State of Florida , grantors, and Beat Value Real Estatc, LLC, a Florida limited liability comoanv whose address is: 407 Saint Andrews Dr.. Belleau, FL 33756 of the County of , State of Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of TEN DOLLARS (SIO) and other good and valuable consideration to GRANTORS in hand paid by GiRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and ORANi'EE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Okeechobee State of Fiorlda to wit: PARCEL. 1: 3-15-37-35-0010-01710-0020 Beginning at the Northeast Comer of Lot 2, Block 171. TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 3, page 5 of the Public Records of Okeechobee County, Florida, and run South along the Continued on Attached and the grantors do hereby fully warrant the title to said land, and wilt defend the same against lawful claims ofall persons whomsoever. In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. Signed, aled and delivered In our presence: E.slate f Ren ■s sk Swedes, deceased By �� --(Seal) Printed Name: e CO 1E ail Siekmann, Personal Representative Witness . Addrens, 1573 Indian River Ste. C-130. o Beach, FL ---- /'1 - • 22!'o Printed Name: 1`ICITl�,q�p —� py arcetla Curcurito, Personal Representative (Seal) Witness P, d -w 1375 tndixnM Blvd., Sfs C•1 FL (Seal) -Stanley Swedes. M.D. P,O. Add-ic 1575 Indican River Blvd.. Ste. C -M, Vero Bench, FL 32460 State of Florida County of s' The foregoing instrument was acknowledged before me this L day of August 21D19 , by Gail Siekasann, Personal Representative and Marcella Curcurito, Personal Representative of Estate orRennav Belsky Swedes, deceased on behalf of the estate who we personally known to me or wbo have produced their Florida's driv cense as Iden n1tion . Printed Name: - Notary Public My Commission L•xpiles: r it �h COfIM #FF880681 State of Florida po? F�knApf110,2020 County of ('AOA fT f' _ .'. Fo: M.00- 6aYJodThuTtgFattl'ai=rws11003EbTOtG The foregoing instrvntent was acknowlcftcd before the this 23rd day of August zury by Stanley Sweda. M.D. who is personally known to me or who has produced his Florida's driver license ti tion . Printed Wome, Notary Public My Commission Expires: oweda t.u,r M�w+Me1 try On!„IH lr��.,. twr, lO,o1M!) rt).Hrl rPww, rL1Vb-1 � •~i i t,' N�tFFDWI 6' ;o? EpinaApli1O 2020 j `eo ilmdal71ru TMYI*k- csS06�STOta Book829/Page1950 CFN#2019009032 Page 1 of 2 Warranty Deed-Page2 fuel ID Number: East line of Lot 2, aforesaid a distance of 142.5 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 142.5 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 Past 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, Florida, lying South of and adjacent to said Lots 2 and 3. Block 17 i, Town of Okeechobee aforesaid. PARCEL, 2: 3-15-37-3"010-01710-0040 Lot 4, Block 171, Town of0kecchobee, according to the plat thcrcofrecorded in Plat Book 5. Page 5, Public Records of Public Records of Okeechobee County, Florida. SUBJECT TO: 1. Taxes for the year 2019, and all subsequent years; 2. Zoning restrictions, prohibitions and other requirements imposed by governmental authority; 3. Restrictions and matters appearing on the Plat or otherwise common to the subdivision; and 4. Public utility easements of record, if any. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantors. NOTE TO PROPERTY APPRAISER: THE ALLOCATION OF CONSIDERATION PAID FOR PARCEL 1 IS $142,000.00 AND FOR PARCEL 2 IS $28,000.00. I— U.--16, oo:,,a., ■v,— tom.. ups t"» H3e»s..w— r{.wv.I Book829/Page1951 CFN#2019009032 Page 2 of 2 41� City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Best Value Real Estate, LLC (Rajankumar Naik, Registered Agent, Owner) Mailing Address: 407 St Andrews Dr Belleaire, FL 33756 Home Telephone: 727-455-5416 Work: 727-455-5416 Cell: 727-455-5416 Property Address: 204 SE Park St Okeechobee, FL 34972 Parcel ID Number: 3-15-37-35-0010-01710-0020 3-15-37-35-0010-01710-0040 Name of Applicant: Dillon Moore Home Telephone:251-802-9996 Work: Cell: 251-802-9996 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF:UER '. --- WITNESS OWNER SS Before me the undersigned authority personally appeared the owner(s) named abo who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 17 "' day of fflor-ck 20DO. M?sc►w OTONIMSERV aMY COMMISSION # G 2 WIRES: NovemberNotary Public: H11. SEAL Commission Expires: �I-0.�3 Bonded ThruNotary Pu6c (Rev 2/2019) Page 5 of I 1 3/12/2020 Detail by Entity Name Florida Limited Liability Company BEST VALUE REAL ESTATE, LLC Filing Information Document Number L19000203171 FEI/EIN Number 84-2847424 Date Filed 08/14/2019 State FL Status ACTIVE Principal Address 407 SAINT ANDREWS DRIVE BELLEAIR, FL 33756 Mailing Address 407 SAINT ANDREWS DRIVE BELLEAIR, FL 33756 Registered Agent Name & Address NAIK, RAJANKUMAR 407 SAINT ANDREWS DRIVE BELLEAIR, FL 33756 Authorized Persons) Detail Name & Address Title Manager Naik, Rajankumar 407 SAINT ANDREWS DRIVE BELLEAIR, FL 33756 Annual Reports Report Year Filed Date 2020 02/05/2020 Document Images 02/05/2020 -- ANNUAL REPORT _ View image in PDF format _ J 08/14/2019 -- Florida Limited Liability _View image in PDF format _ J Detail by Entity Name search.s u n biz.org/Inquiry/Corporation Search/Search Resu]tDetail? i nquirytype=EntityName&d i rectionType=Forwa rdList&sea rchN a meOrder-B ESTVAL... 2/2 URVEYING SERVICES, LLC. Avenue L. 34974 BOUNDARY SURVEY 02/26/20 FILE 3-2887 DESCRiPBON A DArE Fe PG 3-4342 SCALE = 307 DRAW/NG NO Q SHEET / OF 340 6024% ' BO UNZLC. � I � 1 OCK 171, TOWN OF OKEECHOBEE, WE PUBLIC RECORDS OF OKEECHOBEE _ — _ — ---SAID A DISTANCE OF 142.5 FEET - THE WEST LINE OF LOT 3, BLOCK 171 ANCE OF 142.5 FEET TO THE SOUTH 1 ✓DARY OF SOUTH PARK STREET TO THE VD 3, BLOCK 171, TOWN OF EA G£ 5, OF THE PUBLIC RECORDS OF 1AND PART OF THE FORMER BUT NOW LAT OF FIRST ADD177ON TO TOWN OF OF ST. LUCIE COUNTY, FLOR/DA, OF OKEECHOBEE AFORESAID. (TS 1 � e )F RECORDED /N PLAT BOOK 5, PAGE 5, p 1 3_15-37-3. m DD/710N TO TOWN OF OK£ECHOBEE, w ni IF COUNTY, FLORIDA, L KNG SOUTH OF Z 1 a N ING TO 7HE PLA T 7HEREOF RECORDED W Y, FLORIDA, AND L Y/NG NOR7H OF 7HE ali w Z 1 m VCE SOUTH 00-71'50' WEST,A (00.00 FEET TO THE SOU7HERL Y m I o THENCE CON77NUE SOUTH 90-70 00" 1 a a Z I ANLE owrE OOxCL � -- -0N"' OHM M 0-0040. a1M I hLEPNaE PEOESTKER AREAS OF LOCAL CONCERN. /e' a amr kRCEL. SURVEYOR ASSUMES NO o,se pisSHO o'e-WN HEREON7HERE MAY BE ' INSURANCE. ADD/770NS OR i I I 'TY OR PARTIES /S PROHIBITED 1 URVEYING SERVICES, LLC. Avenue L. 34974 BOUNDARY SURVEY 02/26/20 FILE 3-2887 DESCRiPBON A DArE Fe PG 3-4342 SCALE = 307 DRAW/NG NO Q SHEET / OF 340 6024% ' 3-15-37-35-0010-01530-0070 PMA OKEECHOBEE REALTY LLC CITY PORT ST LUCIE ST FL 349532000 ..ADDRESS 481 SW PORT ST LUCIE BLVD 2 3-15-37-35-0010-01530-0100 PEKING MGMT LLC 180 NW 3RD AVE STE A OKEECHOBEE FL 349724118 3-15-37-35-0010-01530-0110 CONLON DAVID M & ROSE M 100 SW 15TH ST OKEECHOBEE FL 349745256 3-15-37-35-0010-01540-0010 SPIRIT CV OKEECHOBEE FL LLC %CVS #3237-01/OCC EXP DEPT 1 CVS DRIVE WOONSOCKET RI 28956146 3-15-37-35-0010-01700-0010 DANIEL DAVID R III 548 NW SOTH DR OKEECHOBEE FL 34972 3-15-37-35-0010-01700-0070 UNITED TELEPHONE COMPANY OF FL EMBARQ CORP ATTN: PROPERTY TAX P 0 BOX 2599 OLATHE KS 66063 3-15-37-35-0010-01700-0080 BE A MAN BUY LAND LLC 4260 SE FEDERAL HWY STUART FL 349974937 3-15-37-35-0010-01710-0010 VISITING NURSE ASSOCIATION OF FLORIDA INC 2400 SE MONTEREY ROAD #300 STUART FL 34996 3-15-37-35-0010-01710-0050 VISITING NURSE ASSOCIATION OF FLORIDA INC 2400 SE MONTEREY RD STE 300 STUART FL 349960000 3-15-37-35-0010-01710-0080 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE FL 349742903 3-15-37-35-0010-01720-0010 PATELJ D & PATELN TRUSTEE 201S PARROTT AVE OKEECHOBEE FL 349744338 3-21-37-35-0020-02050-0010 ANITA'S RENTAL PROPERTIES INC 701 NE 3RD ST OKEECHOBEE FL 349724576 3-21-37-35-0020-02050-0020 MILES MICHAEL L & GLORIA J 2382 SW 2ND CT OKEECHOBEE FL 349743935 3-21-37-35-0020-02050-0030 HANCOCK SAMMY & HANCOCK TY 990 SE 23RD ST OKEECHOBEE FL 349745392 3-21-37-35-0020-02050-0040 ROSSI CHRIS 204 SE 2ND ST OKEECHOBEE FL 34974 3-21-37-35-0020-02050-0050 LKMSLLC P OX 625 OKEECHOBEE FL 34973 3-21-37-35-0020-02530-0020 AMERICAN LEGION POST 64 501 SE 2ND STREET OKEECHOBEE FL 349740000 3-15-37-35-0010-01690-0130 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE FL 349742903 3-15-37-35-0010-01690-0130 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE FL 349742903 sv 4. - r'irl — ? r YY ! _ 14L AL TV 141 Ras�o��.s�oM� o�E Ems, ,6, SE PARK ST ! SUBJECT PARCEL;+�. k 14 � I a teTy j y { K . Lu r L. 1p is ..... TA w; h ��•j OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 07 Q 0 M LLI 4,22 Petition No. 0 o- 060- P Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of February 10 . 2020 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 1,-7 "yL Z. v 2 o Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee day of Date Sworn to and subscribed before me this 1341" day of Mq+-Clh Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida ,<!?TONI M. SERVO Seal: =* * MY COMMISSION # GG 357712 EXPIRES: November 21, 2023 WKW RuU NOiery PUNK Uwd6 wrft@rs (Rev 2/2019) Page 3 of 11 3n2/2020 Okeechobee County Property Appraiser - -------'-------'----' Okeechobee County Property Appraiser am^k-eyL.auudi Parcel: � D�5�7�5�OY��i7Y��O � ~-.� Aerial Viewer pmmmomry lowner & Property info2019 2018 2017 /--------- '~~~^ '~^ / [o��rVALUE REAL ESTATE LLC | ' �Owner |407SAINT ANDREWS DR ' `8ELLEA|FLFL337501035 1 Site 204 SE PARK ST, OKEECHOBEE | --------- ---' '------------} � CITY oFomssCnooscBEGINNING xrTHE I NORTHEAST CORNER OF LOT 2, BLOCK 171,ITOWN 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 142.5 FEET, THENCE WEST PARALLEL TO SOUTH PARK STREET TO THE INTERSECTION OF THE WEST LINE OF LOT 13, BLOCK 171 EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED WEST LINE A DISTANCE OF 142.5 FEET TO THE SOUTH BOUNDARY OF SOUTH PARK STREET, THENCE EAST ALONG THE SOUTH BOUNDARY OF SOUTH I Description' PARK STREET TO THE POINT OF BEGINNING ISAID LANDS ALSO DESCRIBED AS FOLLOWS': �LOTS 2 AND 3, BLOCK 171, TOWN OF jOKEECHOBEE, 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 _ ' OF '- ' ADDITION TOTOWN 0FOKEECHooEs. RECORDED |wPLAT BOOK 3.PAGE us.0FTHE PUBLIC RECORDS nrST. Lun|soouwTY FLORIDA, icY|NGmooTHorAwoAoJAcswTTo ` |mmoLOTS uAND 3.BLOCK 171.TOWN oF . ' oxssc*oess�Fomsa�|o "�"/ov" ' } \ ----'-- ' / ��a-0.325 AC 1_5 '37-85 Use Code ~PROFESS OV("i [Tax 50 _ -_- *The Descrip 'I lion above Is not to be used as the Legal Descripflon for this parce In any legal transaction. The Use Code Is a Dept. of Revenue code. Please contact Okeechobee County j I anning & Development at 863- 763-5648 for zoning info. ° �mmpmrty & Assessment Values . %�1D|e�i�m�V |u�n �o�g�o�i�i�d��lums �~ ~ ~ == � �m | ' ' -�--- --- --- ----- '-- yNk±Land<1> $70470 Mkt Land (/) $70,470- Ag Land $0 AgLanu«» *0/ � ` �� BuUdi �181 992 �194278 ' =""='o�'/ . � XFOB $3 $8.847 Just $265,965 Jvou $208.595 [Class� �O ��sn �O Appraised $285.985 Appra�od_�-- $268.595 `- �SOH Cap [/] $O SOH Cap U| $0 i [A000nn*ugs5 Asnovvod �20859s | ---' ' Exempt $0 Exempt $O muoty:$265.965 county:$28 .595 Total xu»:$205.965 Total "xx:$208.595 ' Taxable mmec$205.805 Taxable vmer$208.595 s"o""/.$265.865 ""»"m.$268.585 Note: Property ownership x can cause the Assessed value ovthe property mreset mfull Market value, which could result inhigher property i |umeo. | ` 3.2Q19 Certified Values /5./ ---- Google Maps Maps 2015 2014 - '------- anmms[ ,%, .4 ��' nu � .�^ A xo 3/12/2020 Okeechobee County Property Appraiser Sales History Sale Date Sale Price Book/Page ,m.. ---1----- 8/23/2019 $170,000 829/1950 ' Deed V/I Quality f--- WD t I --- __ `— (codes) RCode— i — u 19 5/1/1987 $180,000 287/0772 W.D__. I �_-- U - — - — _ 6/1/1982 $75,000 250/0883^— WD ! 1— 03 , Q Building Characteristics — Bldg Sketch Bldg Item ; Bldg Desc* Sketch 1OFFICE MED Year Bit Base SF -I Actual SFBldg Value ? 1 -4 --��-_- (005200) - — _ 1968 3208 4181 $194,278�� *Bldg Desc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valorem tax purposes and should not be used for any other purpose. - _ -'--y----- --_�' Extra Features 8 Out Buildings (codes) — —�- — - Code— Desc T Year Bit Value_ Units Dims _ Condition (% Good)_ — ASPH 2 COM SLB WL 1981 $3,368.00 _ 5872.000 0 x 0 x 0 i PD (025.00) — CONC I BUMPERS 1984 $224.00 21.000 0 x 0 x 0 PD (075.00) — CONC B COM SLB WL 1 2007 $255.00 217.000 I 0 x 0 x 0 PD (050.00) Land Breakdown Land Code Desc Units Adjustments Eff Rate Land Value 067EP2 SE PARK ST (MKT) 100.000 FF - (0.325 AC) 1.00/1.00 1.00/1.00 $705 - $70,470 Search Result: 1 of 2 ® Okeechobee County Property Appraiser I Mickey L. Bandl I Okeechobee, Florida 1863-763-4422 by: GriatyLogic.com g4b.okeechobeepa.com/gis/ 212 3/12/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Randi Parcel: — 3-15-37-35-0010-01710-0040 2019 Certified_ Values updated: 3/5/2020 Aerial Viewer Pictornetery Google Maps i Owner & Property Info 2019 Deed V/1 BEST VALUE REAL ESTATE LLC Owner 407 SAINT ANDREWS DR + BELLEAIR, FL 337561935 WD Site SE PARK ST, OKEECHOBEE U Description* CITY OF OKEECHOBEE (PLAT BOOK I PAGE 10 & PLAT BOOK 5 PAGE 5) LOT 4 BLOCK 171 Area 0.175 AC rif r1R 1-5--37-35-7 Use Code** T COM (0010 VACANT 00--- Tax x District �50 -- --------- *The —Descri-t-lo-n-abo-v; Is not to be used as the Legal Description for this parcel 12 - In any legal transaction. 22911233 **TheUse Code Is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-6548 for zoning Info. 03 Property & Assessment Values 10110765 WD 2018 Certified" Values _2019 Certified Values U Mkt Land -(1—) $28,836 Mkt Land (1) $28,836 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) $0 Just i-2-8,836 Just $28,836 Class Class $0 Appraised $28,836 Appraised $28,836 SOH Cap $ 0 SOH Cap M $28,836 Assessed $0 $28,836 Assessed Exempt -e—' $0 Exempt ---$o county:$28,836 county:$28,836 Total city:$28,836 Total city:$28,836 Taxable I other:$28,836 Taxable other:$28,836 school:$28,836 school:$28,836 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. ___...__..._..------ W Sales History 2018 2017 2015 2014 Sales Sale Date 8/23/2019 2/26/1996 6/19/1979 1211/1965 Sale Price Book/Page Deed V/1 Quality (Codes) RCode $170,000 829/1950 WD V U 19 $5,000 375(1078 WD V U 03 22911233 PR V U 03 $0 10110765 WD V U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year BIt Base S F Actual SF Bldg Value NONE Extra Features & Out Buildings (codes) C f In (% Good) Code Desc Value 'Units Dims Condition NONE Units justments 17Land Breakdown Land 6o-de—F--'—Desc- ----T Ad Land Value 7' 7- 06 EP2 SE (MKT) 50.000 F F - (0. 175 AC) 1.00/1.00 1.00/0.80 $577 $28,836 g4b.okeechobeepa.com/gis/ 1/2 3/12/2020 Okeechobee County Property Appraiser © Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 by: Grizz yt-ogic.com g4b.okeechobeepa.com/gis/ 2/2 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 137 Jacks n Shy # 206 Fort Myers, Fl 33901 Staff Report Rezoning Applicant: Dillon Moore, CFO Petition No. 20-002-R General Applicant Dillon Moore, CFO Owner 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@bestvaluehealthtare.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.citvofokeechobee.com/agendas.html. 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. � j L.Kuc l f �� Staff Report Rezoning Future Land Use, Zoning and Existing Use Future Land Use Zoning Use of Property Acreage Future Land Use North Zoning Existing Use Future Land Use East Zoning Existing Use Future Land Use South Zoning Existing Use Future Land Use West Zoning Existing Use Anal sis Existing Commercial Residential Multi -Family Applicant: Dillon Moore, CFO Petition No. 20-002-R Proposed Commercial Central Business District Medical Office Medical Office 0.5 acre 0.5 acre Public Facilities Public Facilities Park Commercial Central Business District Business (Visiting Nurse Association) Commercial Commercial Professional Office Assisted Living Facility Commercial Central Business District and Light Commercial Business (Retail Strip Center) 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." LaKue '� 2 Staff Report Rezoning Applicant: Dillon Moore, CFO Petition No. 20-002-R 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 property 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. L.IKue planning Staff Report Rezoning Applicant: Dillon Moore, CFO Petition No. 20-002-R 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 Sam - 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. LaRue 4 planning Staff Report Rezoning Applicant: Dillon Moore, CFO Petition No. 20-002-R 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 p I a n n ':: Staff Report Rezoning Applicant: Dillon Moore, CFO Petition No. 20-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 154 T R 9 tp 11 12 tl 5 i 3 2 w 6 5 4'3 2 1 Q Pr717 n d11 It; i9i w S.W. 2 ND ST 17a� 12 . ,221 s S 1 3 2 1 153 a 910 111 12 6 r, t 3 2 1 152 7 ! 9 t `E ROAD 70 P A S. E. PARK ST 6 52031 OWMI S. E. 2 ND ST 4 3 2 1 Q e 6 s 3 2 1 7 ! ! 10 11 12 Ui 7 E !r 10 11 12 s 5 a 3 z 151 LAND USE CLASSIFICATIONS I LaRE09 6 lot line SINGLE . FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL - COMMERCIAL INDUSTRIAL PUBLIC FACILITIES EASEMENT •-- RAILROAD CENTERLINE - - - HOPKINS MEANDER LINE UNINCORPORATED I LaRE09 6 Staff Report Rezoning 155 E J Applicant: Dillon Moore, CFO Petition No. 20-002-R ZONING SUBJECT SITE AND ENVIRONS —L 16 21 3t. 153 152 151 .� STATE ROAD 70 A R ST 77 203 25.31 w S.E. 2 ND ST PO5 ZONING S.E. • --- NOO- '' % EANDER INE RAILROAD CEMMPLNE - CENTRA. BUSNESS MSTRICT - NEAVY COMMERCWI UC.NTCOMWERGUL COWERGK PROFESSIONAL OFFICE !� NOLOwG NOVSTR.L - PUBLIC FACILITES - PUNNED UNrt DEVELOPMENT-UCtED USE --_ PLANNED LNlT DEVELOPMENTASSIDENTUL RESIDENTIAL MULTIPLE FAMSV RESIDENTIAL MOBILE NOME RESIDENTIAL SSIGIE FAMILY -ONE RESIDENTIAL $MOLE FAWk1r*O LNfRCORP'ORTATED Staff Report Applicant: Dillon Moore, CFO Rezoning Petition No. 20-002-R AERIAL SUBJECT SITE AND ENVIRONS -51 < 04 A dP � _7% 40, I qr 0 ir.ft .4 k' A .0 S! PARK ST r t 4 ��4 LaRue Ai 4 f"t� ,t" < 0' 401, 8 Exhibit 4 May 21, 2020 City of Okeechobee Date: Petition No. General Services Department Fee Paid: 1070,c,k'�, r � ? Jurisdiction: 55 S.E. 3 rdAvenue, Room 101 1 s Hearin9 .; ;' i, f� 2" Hearing: t .J Okeechobee, Florida 34974-2903 t :) Phone: (863) 763-3372, ext. 9820 Publication Dates: Fax: (863) 763-1686 Notices Mailed:11 -(p;a Rezone, Special Exception , Variance . APPLICANT INFORMATION 1 Name of property owner(s): H2OLDINGS LLC 2 Owner mailing address: 1534 Walnut Ave, Wilmette, IL 60091 3 Name of applicant(s) if other than owner Racetrac Petroleum Inc. 4 Applicant mailing address: 200 Galleria Parkway SE, Suite 900, Atlanta, GA 30339 E-mail address: sjones@racetrac.com 5 Name of contact person (state relationship): Samantha Jones, Engineering Project Manager 6 Contact person daytime phone(s): 770-431-7600 PROPERTY INFORMATION Property address/directions to property: 7 SR 70 & NW 10th Ave, Okeechobee, FL 34972 l� r Describe current use of property: 8 The site is currently vacant, inhabited only by some overgrown vegetation, and trees. Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. The proposed development includes the construction of a 5,411 SF RaceTrac convenience store and 26 fueling dispensers. The construction 9 of two access driveways from SR 70 are proposed. Source of potable water: 12" DI Method of sewage disposal: 8" PVC gravity sewer toward the west boundary 10 1 Approx. acreage: 18.92 acres Is property in a platted subdivision? ND Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 1 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to the North: 13 North: Vacant; Zoned Heavy Commercial East: Vacant; Zoned Heavy Commercial South: Retail & Food Services ;Zoned Heavy Commercial West: Residential Mobile Homes 14 Existing zoning: Heavy Commercial Use Future Land Use classification: Commercial Use 15 I 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: (_) Rezone ( x ) Special Exception (__) Variance 17 Parcel Identification Number: 2-15-37-35-oAoo-00007-0000 (Rev 2/2019) Page I of I I 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signa � Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of I 1 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11 x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signa � Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of I 1 STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 2/2019) Pagc 8 or I I ADDITIONAL INFORMATI.ON REQUIRED FORA SPECIAL EXCEPTION Describe the Special Exception sought: Per City of Okeechobee Code of Ordinances, Section 90-283 convenience stores with fuel pumps A are allowed after issuance of a special exception use petition is approved. �. Are there similar uses in the area? No (X) Yes If yes, briefly describe them: B There are two other existing gas stations within the 1.5 miles along SR 70. If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: C The fuel station with 24 hour convenience store is permitted under special exception approval. Alcohol sales are prohibited from 2:00 am to 7:00 am on Monday thru Saturday. On Sundays it is prohibited 2:00 am to 1:00 pm. Per code Section 6-1(a) and (b). Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass-bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. (Rev 2/2019) Pagc 8 or I I FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70-348(4)] (Rev 2/2019) Page 9 or 11 f :. BPI =:-x 1 1W4 E 'TN Cs 1 N E E R 4 Int O £: R 0 sU P March 13, 2020 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372 Ext. 9820 RE: RaceTrac Market SR -70 & SE 10`h Avenue City of Okeechobee, Florida 34972 Parcel No. 2-15-37-35-OA00-00007-0000 THOMAS ENGINEERING GROUP 6300 NW 31'' AVENUE FORT LAUDERDALE. FL 33309 P: 954-202-7000 F: 954-202-7070 REQUEST AND JUSTIFICATION FOR SPECIAL EXCEPTION The applicant is proposing to add a new RaceTrac Gas Station & Convenience Store to the property located at north of the intersection of State Road 70 & SE 10th Avenue. The gross 18.92 -acre property is currently a vacant lot. The applicant is contracted to purchase the properties Parcel No. 2-15-37-35-OA00-00007-0000 from H2OLDINGS LLC (Property Owner). The applications submitted is proposing a new 5,411 SF retail building with two gas canopies to provide an extended diesel offering to larger trucks traveling along SR 70. The site is currently vacant and zoned Heavy Commercial. This proposed development is currently an allowed usage of the area due to its current zoning classification but will require a special exception for the use of convenience store with fueling positions as per Sec. 90-283(25). STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] 1. Demonstrate that the proposed location and site are appropriate for the use. As aforementioned, the applicant is proposing to add a new RaceTrac Gas Station & Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. Specifically, the applicant is proposing to offer a separate canopy designated to service large trucks that often travel on SR -70 as SR -70 is considered a major transportation corridor through the City of Okeechobee. The site plan has been carefully designed to ensure appropriate access of regular everyday customers as well as the commercial trucks to maintain proper circulation and safety of all customer regardless of their transportation means. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. I M, RHOM_ ._U � C N G P 1 .14 IG ` 711 10 The proposed use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR -70 corridor and can still offer services to the adjacent residential properties. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses, or explain why no visual screening is necessary. Landscape techniques to visually screen the proposed fuel station use from the adjacent uses include the provision of dense, native plantings that form a continuous buffer at the Western perimeter. Specifically, a Walter's Viburnum hedgerow and a staggered arrangement of Live Oak, Sweetgum, & Red Maple trees, provided at an average of 20 feet on center consistent with Code requirements, serve to buffer views from the neighboring residential uses, while also occasionally integrating existing Sabal Palms to be retained. Along the SR 70, an Inkberry hedgerow, in addition to layers of compact Firebush, Yaupon holly, and muhly grass, among other shrubs & groundcovers, screen the vehicle use area & add visual interest to the frontage & roadway corridor, while Live Oak, Dahoon Holly, Red Maples offer filtered views of the site. To the North & East, continuous Walter's Viburnum hedges extend along the perimeters to isolate the areas of proposed development from the remainder of the parcel that is not to be affected. Existing natural vegetation typical of Mesic Hammock plant communities loosely define the extents of the property. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. Gas stations with convenience stores often get associated with crime and loitering. RaceTrac is aware of these issues and have devoted to change this idea by incorporating standards in all their new buildings beginning with the building appearance to providing actual security measures throughout the site design. The Applicant has devoted special attention to the building's elevations by incorporating brick and stone elements with dark bronze accents in combination with brand colors to give the building an attractive modern aesthetic above the typical gas station elevations to provide an inviting appearance to all travelers. Once inside the building, the open floor plan together with the location of the cash wrap will be able to give the attendant a clear visual throughout the store. The idea is to create an environment where customer activity and open concept will deter crime through natural surveillance. In addition to natural surveillance techniques present throughout the site, RaceTrac is equipped with a 24- hour surveillance system both inside and outside of their stores. In addition, all RaceTrac facilities are company owned and operated so that the maintenance of the property and the quality of the service will be consistently at the highest industry standards. 5. Demonstrate how the utilities and other service requirements of the use can be met. ..CWiL ENGIINZERB - PROJECT 1''+1.AN1GERS - !_AND `f�L.- '.;�3�;�' .. I_. -`ti �!•vr_,i_A�lac_ r�i=::f-1li'EC;iS g _ NO � � %Y E. N G i N 2 E R 1 h G G R O U The applicant will be working with the Okeechobee Utility Authority for water and sewer services and with South Florida Water Management District for the drainage of the property. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. Based on preliminary conversations, there are a means of providing these services to the applicant. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. The site has been designed to provide 16 fuel positions offering regular unleaded, ethanol free, and diesel fuel as well as five fuel positions designated for larger trucks. The reason for this is to separate the larger diesel vehicles from circulating with the everyday consumers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. Wider drive aisles are also being provided for better circulation and allow circulation to maintain throughout the property should there be customers in line waiting to put gas. The applicant is currently working with FDOT to see what off-site improvements will be required to provide a signalized left turn lane for the east bound travelers along SR 70. We will continue working with FDOT throughout the permitting process. FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20) It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. The requested special exception is consistent with the Goals, Objectives and Policies of the Comprehensive Plan in that the RaceTrac Market use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. Additionally, as a vacant and underutilized property, the project will develop an infill area with a project that is compatible with other heavy commercial uses along the SR 70 corridor. 2. The use is specifically authorized as a special exception use in the zoning district. As per Sec. 90-283 (25), this proposed development (convenience store with fueling positions) is an allowed use within Heavy Commercial zoned areas with a special exception approval. 3. The use will not have an adverse effect on the public interest. The proposed RaceTrac development will not have an adverse effect on the public interest as the RaceTrac is intendent to offer gasoline services as well as extend food and beverage offerings to both nearby residents as well as pass by travelers. C!ViL IENG!NiEER5 - PR(1.JECT i•/I NF1C_iE^S do l_.1A!NiiN -; -i_;.iiLnc:-g—E_ ARCH iTECT''S 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR -70 corridor and approval of this special exception will maintain land use consistency in this area and additionally be able to provide gasoline services to the public. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed RaceTrac should not adversely affect property values or living conditions. On the contrary, the development of this property will promote infill to currently vacant surrounding properties that are zoned for commercial uses. Commercial amenities and services help drive residential interest. More specifically, food and gasoline services help travelers stop and rest to recharge after hours of driving that can also positively affect nearby businesses and other services offered in this area. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The proposed development is far exceeding any buffer and setback requirements form the adjacent properties. Additionally, the applicant will be proposing other physical separations such as perimeter hedges and landscape to help screen surrounding uses from the daily operations of the RaceTrac. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The primary traffic that the proposed RaceTrac development is intended to capture are nearby residents as well as pass -by commuters/travelers, therefore the proposed should not create an overburden to public facilities such as schools, streets, and utility services. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use should not create traffic congestion, flooding, or drainage problems, or otherwise affect public safety. We are currently working with FDOT on the access to the property and will continue to do so to provide any traffic measures as required to provide a satisfactory level of service as well as a safe operation of traffic to and from the RaceTrac. We will also continue to work with the water management district to design the site according to all applicable rules and regulations so that there are no adverse impacts to public safety. CI'vii- E,aGItir-E:�- - PRO_! c -r M;->iJl-;GEPS - L Aiilh PLAN.-NIN s - I_Af,losc.aPE ARCHf'Y- r.TS �5 x. � ,m . �, ar' ss� , r :r 3{ - .• � ,�c,'af'^a� � es" Nr�' `� �5, 'i s^.�i y(U� F �,. q�„ c q..�,'��p��Pz, - y?�u�,;��,xl I'H [A-4 N ', t H c R 1 N u G R G U P Should you have any questions, please hesitate to contact me by phone or email at kbetancourt@thomaseg.com. Sincerely, 'Z;Wzp� Kevin Betancourt, P.E. Project Engineer THOMAS ENGINEERING GROUP, LLC CIVIL EtdC;1 NEFRS - PRCYJEC;' T LAN;o - i_A.,iDSC:l�PE � =:Ci•11TE'C'(''S �.s?�",�'w."fz'�. .F� ...: ��.�.��":��' ..r. ..� :' �f,3,�;4rh'e�,':,v�,,.xr.;F.st.�...�.,.:..'.��4.:.s �ua��.�,�:.� .. e��.:;��M�.�;;^;.�.�h"isw _r'�� u.�.•.�. �. �`.zk5e��-'�"��s'� ;3sy�ts^:..„^�;.�a�:��`?� 0 M AS N G I N F- R 1 N G G R 0 U P March 13, 2020 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372 Ext. 9820 RE: RaceTrac Market SR -70 & SE 10" Avenue City of Okeechobee, Florida 34972 Parcel No. 2-15-37-35-OA00-00007-0000 11 THOMAS ENGINEERING GROUP 6300 NW 3151 AVENUE FORT LAUDERDALE, FL 33309 P: 954-202-7000 F: 954-202-7070 Thomas Engineering Group, on behalf of RaceTrac Petroleum Inc. (Applicant), is pleased to submit this letter of intent for the development of this project. The applicant is proposing to add a new RaceTrac Gas Station & Convenience Store to the property located at north of the intersection of State Road 70 & SE 101h Avenue. The gross 18.92 -acre property is currently a vacant lot. The applicant is contracted to purchase the properties Parcel No. 2-15-37-35-OA00- 00007-0000) from H2OLDINGS LLC (Property Owner). The applications submitted is proposing a new 5,411 SF retail building with two gas canopies to provide an extended diesel offering to larger trucks traveling along SR 70. The proposed Site Plan will include the three structures along with associated parking exceeding zoning code requirements, access driveways, landscaping, utilities, and drainage management facilities to support the operation of the RaceTrac Market. The site is currently vacant and zoned Heavy Commercial. The applicant has interest in purchasing the gross parcel areas, however the proposed development will encompass a net development area of approximately 6.63 acres. There are no current plans for the remainder of the property at the time of this application. This proposed development is currently an allowed usage of the area due to its current zoning classification but will require a special exception for the use of convenience store with fueling positions as per Sec. 90-283(25). The proposed development enclosed has been developed in accordance with the City of Okeechobee codes for the RaceTrac Gas Station & Convenience Store project. Should you have any questions, please do not hesitate to contact us with any questions_ Sincerely, —;44k� Kevin Betancourt, P.E. Project Engineer THOMAS ENGINEERING GROUP, LLC I>Ililll{IIINIIIINIIIINIINiIilIIIIIIIINIIiNlllli111111 F =LE 113 1-1 2r?t-14-r=119D4662 C1F2 8.1: CrO!5:2�5 F'G 1999 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 03/15/2004 12=51:27 PM RECORDING FEES 10.50 Prepared by and return to: DEED DOC 3.350-00 Leonard Rutland, Jr., Esquire RECORDED BY G heubourn 759 South Federal Highway Suite 303 Stuart, FL 34994 File Number: 10837.24 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 10th day of March, 2004 between Harbour Bay Properties, Inc., a Florida corporation, whose post office address is c/o Theodore G. Glasrud, 3634 SE Fairway East, St, FL 34997, grantor, and H2O1dings, LLC, a Delaware limited liability company whose post office address is c/o antee: ,CAAIG NA<t« P.o. (3aK 3�-053 , PALM�Fi,C-N ri-, 3 34-a0 (Wheneverused herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the stun of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to -wit: SEE ATTACHED EXHIBIT "A" Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. 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 the grantor is lawfully seized of said Iand 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, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fust above written. Signed, sealed and delivered in our presence: our Bay operties, Inc. ,UaTh4WitnessName: i eo ore . a n fitness N r ,J �/t (Corporate Seal) State of Florida County of Martin The foregoing instrument was acknowledged before me this 10th day of March, 2004 by Theodore G. Glasrud, President of Harbour Bay Properties, Inc., on behalf of the corporation. He k!5�s personally (mown to me or [X] has produced a driver's license as identification. [Notary Seal] Notary P lic rented Name: LEONARD RUTLAND JR. Notary Public - State of Florida My CommissioW00Mmigah;tn irptrgg_AUg,, t2p Commission #CC929236 DoubteTime Fund File No.: 57-0461 Exhibit A OR BK 0052 5 PG 2000 Parcel 1: The West 1/2 of the Southwest %4 of the Southeast '/, of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, lying North of the North right-of-way line of State Road No. 70; Except the North 50 feet of the West 1/2 of the West '/s of the Southwest '/4 of the Southeast l4 for road purposes; also Except the following described property conveyed to the State of Florida: A parcel of land in the West '/2 of the Southwest %4 of the Southeast '/4 of Section 15, Township 37 South, Rango 35 East, Being more particularly described as follows: Commence at the South '/4 corner of said Section 15: thence run Northerly on the 'A section line a distance of 36.95 feet to the centerline of State Road 70; thence. North 80' 54' 49" East, on said centerline it distance of 347.10 feet; thence Northerly at 90' to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 90' 'a distance of 20 feet; thence Southerly at 90' a distance of 17 feet; thence Westerly at 90* a distance of 20 feet to the Point of Beginning. Parcel Id. Number: R2-15-37-35-OA00-00007-0000 Parcel 2: Beginning at the Southwest corner of the East'/, of the Southwest'/, of the Southeast'/. of Sectior. 15, Township 37 South, flange 35 East and run North along the West boundary a distence of 594 feet: then run East a distance of 186.3 feet; then tun South a distance of 594 feet to the South Boundary of Section 15. then run West a distance of 186,3 feet to the POINT OF BEGINNING. Less and Except the tight -of -way for State Road 70. ' Parcel Id. Number: R2-15-37-35-OA00-00008-0000 I City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): H20LDING LLC; Donald J Hackl Mailing Address: 1534 walnut Ave . , Wilmette, IL 60091 Home Telephone: Work: Cell: Property Address: SR 70 & NW 10th Avenue, Okeechobee, FL 34972 Parcel ID Number: 2-15-37-35-OA00-00007-0000 Name of Applicant: Race Trac Petroleum Inc. Home Telephone: Work: 770-431-7600 Cell: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAIYD AND SEALS THIS DAY OF &j,V�Q- 020 WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 25 day of --M dor+► `I 2020 VALDEMARAS RAIZYS Notary Public: VWJOUAaOA ° SEAL official Seal Commission Expires: 12-12.S 2.S Notary Public - State of Illinois fres May 2. 2023 (Rev 2/2019) Page 5 of 11 March 12, 2020 TO: All applicable Governmental Permitting Agencies City of Okeechobee County of Okeechobee, Florida State of Florida Consent for: H2OLDINGS LLC 1534 WALNUT AVE, WILMETTE, IL 600910000 Parcel Number: 2-15-37-35-OA00-00007-0000 RE: Authorization of Agent for RaceTrac Petroleum, Inc. As related to RaceTrac - Okeechobee EDO This will serve as confirmation that the undersigned, H2OLDINGS. LLC. the current property owner of the property located at the NE corner of the intersection of SR 70 and SE 10th Avenue, City of Okeechobee, identified by parcel no. 2-15-37-35-OAOO-00007-0000, hereby appoints RaceTrac Petroleum, Inc., to act as its authorized agent concerning all city, county, state, and government agency permits and applications, but only to the extent that such permits and applications pertain to the proposed RaceTrac Market & Gas Station development at the Property (see attached for contracted property area). (Signature) (Print Name, Title) STATE OF ) ss. COUNTYOF C001" ) The foregoing instrument was acknowledged before me this ih day of MAP -64 '2020, po, t A L D -s +14(-kL . He/she ❑ is personally known tome or O has produced P �-t VF- 9 -Ir. LI LE.,A(S as identification.id/a Print Name: Al -P- V4q P^675 U _ NOTARY PUB My Commission Expires: 5 2L2-_-2> VALDEMARAS RAIZYS Official Seal Notary Public - State of Illinois My Commission Expires May 2, 2023 RaceTrac Store Support Center 1 200 Galleria Parkway SE., Suite 900, Atlanta GA 30339 1 racetrac.com 1 770.431.7600 Detail by Entity Name Flonda Department of Slate T e� Department of Stale / Division ai Corporations / Search Records / Detail By Document Plumber / Detail by Entity Name Foreign Profit Corporation RACETRAC PETROLEUM, INC. Filinq Information Document Number P14841 FEI/EIN Number 63-0642959 Date Filed 06/15/1987 State GA Status ACTIVE Last Event SHARE EXCHANGE Event Date Filed 02/20/2003 Event Effective Date NONE Principal Address 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA. GA 30339 Changed: 01/22/2018 Mailing Address 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Changed: 01/22/2018 Registered Agent Name & Address CORPORATE CREATIONS NETWORK INC. 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33406 Name Changed: 01/22/2018 Address Changed: 03/13/2020 Officer/Director Detail Name & Address Title Director LENKER, MAX 142 CANNONBALL LANE WATERSOUND, FL 32461 Page 1 of 4 Drnawn OF Coa=oR.+rioNs http://search.Sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqu irytype=Entity... 3/13/2020 Detail by Entity Name Title Secretary, Director BOLCH, SUSAN BASS 1250 SPYGLASS LANE NAPLES, FL 34102 Title Asst. Secretary, Director DUMBACHER, ROBERT 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title COO MILAM, BILL 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Chairman, Director BOLCH, CARL JR 1250 SPYGLASS LANE NAPLES, FL 34102 Title Director MORAN, ALLISON BOLCH 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Asst. Secretary, Chief Legal Officer AKERS, JOSEPH H 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director, President, Asst. Secretary MORHOUS, NATALIE BOLCH 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director, Asst. Secretary ISBILL, MELANIE BOLCH Page 2 of 4 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?ingttirytype=Entity... 3/13/2020 Detail by Entity Name 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title Director BOLCH, JORDAN BASS 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title,Ather W psldent;iq Real. Estate &; ngI, e16 r g k „iia s ;...t.:-. HfJ tI00N BE2 W 1 :� GALLERIA PARKWAY<Se-'' TLANTA, GA 30339 ¢; Title Other, Vice President of Category Mgt POSENER,ROBBY 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Title CFO, CEO MCBRAYER, JR, MAX E 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Annual Reports Report Year Filed Date 2017 04/19/2017 2018 04/13/2018 2019 04/26/2019 Document Images 0,112612019 -- ANNUAL REPORT View image in PDF format 04/'13/2018 --ANNUAL REPORT View image in PDF format 0 1 /2 2 /2 0 113,-- Re . AcjenlChange View image in PDF formal 1 1/01/2017 AMENDED ANNUAL REPORT View image in PDF lounal 04119/2017 --ANNUAL REPORT View image in PDP forrnat 041113/2016 -- ANNUAL REPORT View image in PDF forrnat 05/20/2015 -- AMENDED ANNUAL REPOP, 1" View image in PDF formal 04/07/2015 --ANNUAL REPORT View image in POF format 06/30/2014 -- AMENDED ANNUAL REPORT View image in PDF format 04/10/2014 -- ANNUAL REPORT View image in PDF format 02/13/201:3 -- ANNUAL REPORT View image in PDF formal 06/20/2012 -- ANNUAL REPORT View image in PDF forrnat Page 3 of 4 http:Hsearch.SLtnbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquitytype=Entity... 3/13/2020 Detail by Entity Name 01/16/2012 •• ANNUAL REPORT 02/10/2011 -ANNUAL REPORT 01/20/2010 -- ANNUAL REPORT 02/03/2009 — ANNUAL REPORT 04/07/2008 •- ANNUAL REPORT 03/05/2007 -- ANNUAL REPORT 04/28/2006 -- ANNUAL REPORT 04/27/2005 -- ANNUAL REPORT 04/29/2004 -- ANNUAL REPORT 04/25/2003 -- ANNUAL REPORT 02/20/2003 -- Share Exchange 05/10/2002 -- ANNUAL REPORT 05/18/2001 --ANNUAL REPORT 11102/2000 •- Merger 05/01/2000 -- ANNUAL REPORT 04/23/1999 -- ANNUAL REPORT 04/30/1998 -- ANNUAL REPORT 05/02/1997 -- ANNUAL REPORT 04/26/1996 -- ANNUAL REPOR r 05/11/1995 -- ANNUAL REPORT View image in PDF format View image in PDF formal View image in PDF formal� View image in PDF formal View image in PDF formal View image in PDF format View image in PDF format View image in PDF formal View image in PDF Format View image in PDF formal View trnage in PDF format View image in PDF formal View image in PDF formal CView image in PDF formal View image in PDF formal View Image in PDF format View image in PDF format View unage in PDF format View image in POF formal View image in PDF format i:ir). rrla �. p:�irn..nr �r-.. •`. p..n:.o,'r ;r .::•,n.:i:rn.:ni Page 4 of 4 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/13/2020 2019 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P14841 Entity Name: RACETRAC PETROLEUM, INC. Current Principal Place of Business: 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 Current Mailing Address: 200 GALLERIA PARKWAY SE, SUITE 900 ATLANTA, GA 30339 US FEI Number: 63-0642959 Name and Address of Current Registered Agent: CORPORATE CREATIONS NETWORK INC. 11380 PROSPERITY FARMS ROAD #221 E PALM BEACH GARDENS, FL 33410 US FILED Apr 26, 2019 Secretary of State 1472350554CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the Stale of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Title DIRECTOR Name LENKER, MAX Address 142 CANNONBALL LANE City -State -Zip: WATERSOUND FL 32461 Title SECRETARY, DIRECTOR Name BOLCH, SUSAN BASS Address 1250 SPYGLASS LANE City -State -Zip: NAPLES FL 34102 Title ASST. SECRETARY, DIRECTOR Title COO Name DUMBACHER, ROBERT Name MILAM, BILL Address 200 GALLERIA PARKWAY SE Address 200 GALLERIA PARKWAY SE SUITE 900 SUITE 900 City -State -Zip: ATLANTA GA 30339 City -State -Zip: ATLANTA GA 30339 Title CHAIRMAN, DIRECTOR Title DIRECTOR Name BOLCH, CARL JR Name MORAN, ALLISON BOLCH Address 1250 SPYGLASS LANE Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: NAPLES FL 34102 City -State -Zip: ATLANTA GA 30339 Title ASST. SECRETARY, CHIEF LEGAL OFFICER Title DIRECTOR, PRESIDENT, ASST. SECRETARY Name AKERS,JOSEPH H Name MORHOUS, NATALIE BOLCH Address 200 GALLERIA PARKWAY SE SUITE 900 Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 City -State -Zip: ATLANTA GA 30339 Continues on page 2 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an o?icer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JOSEPH H. AKERS ASSISTANT SECRETARY 04/26/2019 Electronic Signature of Signing Officer/Director Detail Date Officer/Director Detail Continued : Title DIRECTOR, ASST. SECRETARY Name ISBILL, MELANIE BOLCH Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 e QTF�E OE,PRESIpENT DFr�t .'AL & Address . ='f1d I� I?AiKWAYSE- ethr-?tate Zip iATlgN7A c1AQ33J Title CFO, CEO Name MCBRAYER, JR, MAX E Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Title DIRECTOR Name BOLCH, JORDAN BASS Address 200 GALLERIA PARKWAY SE Address SUITE 900 City -State -Zip: ATLANTA GA 30339 Title OTHER, VICE PRESIDENT OF CATEGORY MGT Name POSENER,ROBBY Address 200 GALLERIA PARKWAY SE SUITE 900 City -State -Zip: ATLANTA GA 30339 Hai PARCEL NUMBER OWNER ADDRESS 1 ADDRESS Z ADDRESS 3 CITY ST ZIP COUNTRY 2-15-37-35-OA00-00003-0000 ORDONEZ JAVIER E (ESTATE) C/O CONSUELO PATRICIA ORDONEZ CALLE 41 #21-34 BOGOTA, DE COLUMBIA 2-15-37-35-OA00-00008-0000 H2OLDINGS LLC %CRAIG HACKL 1534 WALNUT AVENUE WILMETTE IL 60091 2-15-37-35-OA00-00008-A000 WR1 SALES INC 600 PACKARD CT SAFETY HARBOR FL 34695 2-15-37-35-OA00-00009-0000 GRIGSBY WILLIAM RJR 10282 PAYNE RD SEBRING FL 338759457 2-15-37-35-OA00-00009-A00O GRIGSBY WILLIAM R JR 10282 PAYNE RD SEBRING FL 338759457 2-22-37-35-OA00-00004-A000 CENTAURUS OASIS TWO LLC %ALEX WOLAK 16139 BISCAYNE BLVD AVENTURA FL 331604337 2-22-37-35-OA00-00009-0000 UNITED STATES POSTAL SERVICE 4000 DEKALB TECNOLOGY PARKWAY BUILDING 500 SUITE 550 ATLANTA GA 30340 2-22-37-35-OA00-00011-0000 NEXT TURN OKEECHOBEE LLC 1943 RIDGEMONT LN DECATUR GA 300334068 2-22-37-35-OA00-00011-A00O OKEECHOBEE YF LLC 6585 MEGHAN ROSE WAY CLARENCE NY 14051 2-22-37-35-OA00-00013-A00O ROYALS 0 K LUNCH INC 324 SW 16TH ST BELLE GLADE FL 334302824 3-15-37-35-021A-00000-0010 BROUGHTON LAWRENCE R 101 NE STH AVE OKEECHOBEE FL 349724508 3-15-37-35-O21A-00000-0020 HADID ISAAC J 103 NE 8TH AVE OKEECHOBEE FL 349724508 3-15-37-35-021A-00000-0030 BOOTH JUSTIN 17099 NW 144TH AVE OKEECHOBEE FL 349727824 3-15-37-35-021A-00000-0040 LUCKEY CHRISTOPHER R & CYNTHIA 107 NE 8TH AVE OKEECHOBEE FL 34972 3-15-37-35-021A-00000-0050 PIERCE GEORGE P & ELIZABETH 1 1101 TEMPLIN AVE BARDSTOWN KY 400042545 3-15-37-35-021A-00000-0060 MARSHALL DOUGLAS R SR & BEVERL 14088 SW 144TH PARKWAY OKEECHOBEE FL 349740000 3-15-37-35-021A-00000-0070 JOHNSON JIMMY D & LORAINE K & HOLLAND EARLINE 113 NE 8TH AVE OKEECHOBEE FL 349724508 3-15-37-35-021A-00000-0080 BREWER MARIAN L 201 NE 8TH AVE OKEECHOBEE FL 349720000 3-15-37-35-O21A-00000-0090 WILSON TROY & MARSHA 1566 OLDHAM RD MOUNT STERLING KY 403539586 3-15-37-35-021A-00000-OOEO RIVER RUN RESORT HOA UNKNOWN 3-15-37-35-021A-00000-OOWO RIVER RUN RESORT HOA UNKNOWN 3-15-37-35-021A-00000-0100 MECHEL PETER 172 CEDAR AVE RICHMOND HILL ON L4C2A8 CANADA 3-15-37-35-021A-00000-0120 VERROCHI RICHARD P 33 PRINCETON ST BOSTON MA 21281628 3-15-37-35-021A-00000-0130 HOWARD JAMES D 2248 KY 556 SANDY HOOK KY 411718865 3-15-37-35-021A-00000-0140 BARRETT ELVIS A 208 NE 17TH AVE OKEECHOBEE FL 34972 3-15-37-35-021A-00000-0150 WALDRON BETTY M & WALDRON CLIF 301 NE 8TH AVE OKEECHOBEE FL 349724513 3-15-37-35-021A-00000-0160 HANNAN EDWARD & KATHRYN 2443 9/10 SIDE RD RR#1 NEW LOWELL, ONTARIO LOM 1NO CANADA 3-15-37-35-021A-00000-0170 MINTON FREDDIE L & MINTON RUBY 302 NE 8TH AVENUE OKEECHOBEE FL 34972 3-15-37-35-021A-00000-0180 ARRIAGA FERMIN 2302 SW 3RD AVE OKEECHOBEE FL 34974 3-15-37-35-021A-00000-0190 DICKERHOOF PEDIE DUKE 212 NE 8TH AVE OKEECHOBEE FL 349724504 3-15-37-35-021A-00000-0210 URDANETA JOSE A 210 NE 8TH AVE OKEECHOBEE FL 349724504 3-15-37-35-021A-00000-0220 GOMEZ BRANDI GILLIS 208 NE 8TH AVE OKEECHOBEE FL 349724504 3-15-37-35-021A-00000-0240 GAINER FOREST RJR 142 SW 72ND TERRACE OKEECHOBEE FL 34974 3-15-37-35-021A-00000-0250 SINGH MARTYNA 1628 SE 13TH TER CAPE CORAL FL 339903845 3-15-37-35-021A-00000-0260 MADD ASSETS LLC 1210 SW 2ND AVE OKEECHOBEE FL 349745222 3-15-37-35-021A-00000-0270 BE A MAN BUY LAND LLC 4260 SE FEDERAL HWY STUART FL 349974937 3-15-37-35-021A-00000-0280 MAMMARELLI KELLY B 114 NE 8TH AVENUE OKEECHOBEE FL 34972 3-15-37-35-021A-00000-0290 MITCHELL SHERRY 112 NE 8TH AVE OKEECHOBEE FL 349740000 3-15-37-35-021A-00000-0310 COSSIO EDMUNDO R HALL AIDA M 455 BACOM POINT RD PAHOKEE FL 334762401 3-15-37-35-021A-00000-0320 CANCINO JOSE LUIS 106 NE 8TH AVE OKEECHOBEE FL 34972 3-15-37-35-021A-00000-0330 MAMMARELLI LISA MARIE 104 NE 8TH AVE OKEECHOBEE FL 349724505 3-15-37-35-021A-00000-0340 MCGEE JAMES WAYNE & JOAN N 16060 EAST DERBY DRIVE LOXAHATCHEE FL 33470 3-15-37-35-021A-00000-0350 SUAREZ PRUDENCIO & GEORGINA V 100 NE 8TH AVE OKEECHOBEE FL 349720003 3-15-37-35-02113-00000-0050 HELMS ROSEMARY A 9130 FLUSH RD SAINT GEORGE KS 665359733 3-15-37-35-0216-00000-0060 MASTALER TERRELL 401 NE 8TH AVE OKEECHOBEE FL 349720000 3-15-37-35-0216-00000-0070 MOSHIER ROBERT R & CAREN A 309 NE 8TH AVE OKEECHOBEE FL 34972 3-15-37-35-021 13-00000-00A0 3-15-37-35-021 B-00000-0120 3-15-37-35-021B-00000-0130 3-15-37-35-021 B-00000-0140 3-15-37-35-021 B-00000-0150 3-15-37-35-021 B-00000-0170 3-15-37-35-0218-00000-0180 3-15-3 7-35-0216-00000-0190 3-15-37-35-021B-00000-0210 3-15-37-35-021 B-00000-02 20 3-15-37-35-021B-00000-0240 3-15-37-35-021 B-00000-02 60 3-15-37-3 5-02 1B-00000-0360 3-15-37-3 5-021 B-00000-0380 3-15-37-35-021B-00000-0490 RIVER RUN RESORT HOA UNKNOWN MERRY CHARLIE T JR & DIANE H 404 NE 8TH AVE OKEECHOBEE FL 349720000 CANCINO MARIA ELENA 310 NE 8TH AVE OKEECHOBEE FL 349724514 PHILLIPS RACHELLE D 13163 MACDILL CT EL PASO TX 79908 THOMAS TIMOTHY LEE 809 NE STH STREET OKEECHOBEE FL 34974 BOOTH JUDY ANN 903 NE 5TH ST OKEECHOBEE FL 34972 CLAY MARTHA ANN 412 SE 6TH ST OKEECHOBEE FL 34974 NAVE MICHAEL & CLEM-NAVE SARA 2304 NORTHGATE BLVD AUBURN IN 467061015 NEAL LAVON BOWMAN 1001 NE 5TH STREET OKEECHOBEE FL 349720000 HOUSER LARRY D 2190 SE 25TH DR OKEECHOBEE FL 349746475 GORBY JAMES L & ALMA ROSE 1009 NE 5TH STREET OKEECHOBEE FL 34972 SCHOONMAKER DENNIS D & BRENDA P 0 BOX 2141 OKEECHOBEE FL 34973 MILLER PATRICIA A 509 NE 10TH AVENUE OKEECHOBEE FL 34972 JOHNSON TONY R & LINDA G 486 TEAYS LN HURRICANE WV 25526 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P .s Ki„tea Y ',,,, 1' Yr.:i "Fr - 7 ; .i tf � •k%'�•=• t:x NE 4TH STa r `.: .; �� PIL ex 'r �I.'i'�.!¢. .I� tom. Ce•�wl-L_ �'J �� Z \ i' •� F 4'><v/ x'�•'}e�.��'':�.” ` '-3 _ s. fr '1•' -G.f t+"a�N•'!'154'lA. �`' ft„ _ 1 `Y .,'. itis.• "'�- '`" s .1 ,fAlf,•'��,'iJ.•, y' 'Y'? a'� r� •• P 1:. 1Y -4 jr � '� � A� i; + r7 Q. r {i' .�' p i— NE3RD.STy\I -!k% Q, x k 4 ��rjlx ' ykij'" �+is' I J \ ti - -� r.y.1` �r N.AI-J PS `.r t1a`: r. •. a•:: I_ :SUBJECT: PARCEL r� {�''� `T- r�•-�r\�^r. � ��A jJ `e '-z�.� r •i ,R'��,y', • � ,�� s ° •^`?'y� *, t., z � w1��' ••r" = S,a CAZ :l ` :i-�/t t1Tl r`Y C i.X, �✓. Q 7�7:� •t ,a3.1, uJ .{L Q "• 1 d�' , • pf '. .,k t<. -w.:'i s^%:4j tilr •rc �%`� -�+Stt •t Vlk,_X, � ".' •`�. T 1) r�-... .I ; '9a y 'Y `1 L i� i.3�ti AL'.� •�-. "t1 r;t Y •!'�„"i• �:; v �, S �l'-y,� •- ,,. ” y — - .' Imo; „ - - - �-. ----....._ �-�•-� �•' /• IF Y try_, ♦' •.:. 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Gj'. i's'r"'. :,3. 8't a;� • _�' �.JTNAVF ! �:. :at..tIL:`�t �. .ti . . t_ : W Irk, �s;r! ��r•• r,yfa ic=-' ,(�'i• - �s�• .t '�• �, i A �. � ij �r •i R.C) S7+` 1!! >l:s�. + i �f. * { isys� ,r•... f S =�� ✓; �' �� =ice'-• �L .rl��. � �a� 1i { - � ;�• 1� ,j..� � '• �<- � �•?t �� .� '�r �� .�3� • f y'^y.c'.��: -�r�•�'`I;, �y �S}. �l �r-z .i 'i �•,s:'' i� �'t':• �' ��,.cx��r. ` r '. , �' � gg 1 l� •4 THIS MAP HAS BEEN COMPILED FROM THE MOSTAUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S r`� OFFICE DOES NOT ASSUME RESPONSIBILITY OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE ._.p�E FOR ERRORS OR OMMISIONS CONTAINED HEREON -t s LA Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this ( Y day of JrI i1c, r , Zy Z0 Signature of Applicant L V'tUri In Wyl Name of Applicant (printed or typed) State of F4ocida C z o r� 1 ^ County of Clkeerhn ap 6"V I''rtt �o Date S ern t c bscribed before me this 17 da of �'�� t��' �� `� j y ersonally j known to me I or produced as iden fttio�n and di n oath. ary Pub ' . State of F_kxida.�� Seal: (Rev 2/2019) Page 3 of 1 I 3/18/2020 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel « 2-15-37-35-OA00-00007-0000 I» N � y /2019 Certified Values l_ updated: 3112/2020 Owner & Property Info H2OLDINGS LLC Owner %DONALD J HACKL $1,109,969 1534 WALNUT AVE $0 Ag Land (o) WILMETTE, IL 600910000 Site NE 8TH AVE, OKEECHOBEE $0 UNPLATTED LANDS OF THE CITY W1/2 OF SW 1/4 Description* OF SE 1/4 N OF RD 70 LESS RNV LESS 8 EXCEPT Just A PARCEL OF LAND DESC IN ORB 6 PG 141 18.98 $1,109,969 ACRES 15 37S 35E Area 18.917 AC S!r/R 15-37-35 Use Code** NON AG ACR (009900) 1 Tax District 150 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning 8 Development at 863-763-5548 for zoning info. Property & Assessment Values 2018 Certified Values 2019 Certified Values Mkt Land (4) $1,109,969 Mkt Land (4) $1,109,969 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) $0 Just $1,109,969 Just $1,109,969 Class $0 Class $0 Appraised $1,109,969 Appraised $1,109,969 SOH Cap SOH Cap 03 Assessed $1,109,969 Assessed $1,109,969 Exempt $0 Exempt $0 county:$1,109,969 county:$1,109,969 Total city:$1,109,969 Total city:$1,109,969 Taxable other:$ 1109,969 Taxable other:$1,109,969 school:$1,109,969 school:$1,109,969 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 3/10/2004 $550,000 525/1999 WD V U 02 (Multi -Parcel Sale) - show 10/2/1998 $170,000 412/1349 WD V U 03 9/1/1992 $235,000 337/0811 WD V U 03 11/1/1990 $0 321/1260 CT V U 03 12/1/1980 $150,000 238/1030 WD V Q 2/1/1977 $100,000 195/0035 WD V Q 9/21/1976 $0 189/0357 WD V U 03 1/1/1972 $0 134/0013 WD V U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Dese Year Bit I Base SF Actual SF Bldg Value NONE g4b.okeechobeepa_com/gis/ 1/2 N89 °45'41 E 421.89' -�gATD . ♦ a Ft O4 A( LOT25 A+d t ` LOT 26 . ry o F,IArr \''' cT. � I +" ASO' PMM A }rSJTJSQ, VROWMT ABBREV/AT10NS: M,MSA L3 PC aArMNw`t Q LOTF30 B+AIP('( rFr RwN�i1910 11 ! Ike AO.LIT• SPOTEIEVATION Q3 I IItiM Za Of Id 17UNSRWTATION • LOT 31 H Il COW- CONCRETE Eve • LiECI1LCPLR1Bar UNPLATTED LANDS Ot ♦ yy y til O,v ,`LO II LOT32 II Uel ILII ,rArAAvnA Cj �' R r 221 Q 7sauA(oA ,�` xTArMURADI wnlwrWPSNI P` Ay Ot 4` a` +` 0 :,S :' 0+ I A Ef t PAMCB O 2.ISV,?544 W MW4Y0 IGDEDMesuc WI.IETT.. ISN WAI 1EL =I � r P+ ASI Of `� Of •,f OA ,,4 CURVE TABLE n L-1 S89a49261V 20.00' 3 P L-2 S00°10'34 E 17.00' ..�+ L-3�J005R10'34"W 17.00' J SBB'SIs17Y 27601 cwu,p'� PMM A }rSJTJSQ, VROWMT ABBREV/AT10NS: M,MSA L3 PC -.7-iw mBeec♦uaepF9N1NPA NAM-MWTHAMERRG,NVERMAL DATUM BOPACC4000WT B+AIP('( rFr RwN�i1910 11 &=a EVA DTIN SAFETYRNABCM(ROMOI ]tlBS AO.LIT• SPOTEIEVATION y F.D.O.T. • FLORIN DEPAR716VTOF ? 17UNSRWTATION • M7 COW- CONCRETE Eve • LiECI1LCPLR1Bar _ _ C IP=LIGHlPOLE cD.DevIEDMu AD - IDENTIFICATION I $A0EL 8.•SL4 R SAG EL. 02! ONTS1. OVEW EAD TRAFFIC SIGNAL ARM saNw A„WMr r,Alolrt AWI Di♦E1wY TPB • TRAFFIC SIGNAL BOA' UR• UTBlTYRISER PS CWSPF CROSSW'ALX VGW POLE FG -5 . FIBER OP77C PERL90Y CPP•CONCRETE POWER POLE ,A • OVERI LEAD UTRFTLES WY•WAMIT VALVE G a St000FOLFNO UNDERGROUND COMMMM..ADON SL-BL000HORAO UNDERGROUND STREET UCMELECTRIC As C, - BLOODHIX M UIOERCAWAO G4 -T•=At00 OWMD UNDERGROUND TRAFFIC SIGNAL -W z Bf.000HOUND UAVERGROUND WA TO? "VN CP•CADBAGEPALM ,rArAAvnA Cj �' R r 221 Q 7sauA(oA ,�` xTArMURADI wnlwrWPSNI P` Ay Ot 4` a` +` 0 :,S :' 0+ I A Ef t PAMCB O 2.ISV,?544 W MW4Y0 IGDEDMesuc WI.IETT.. 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SS.T EL•SIA EL• Lar EL•727 EL- 79.6' IOD+Uf�� AA:.A O'ONCN iRML 4D RFR9d:W1RWIL MRENSLRAACEL(MPANYan30(RIEWI JiRE KYLMIG OOPAHY, LL - F TDa MIP PUTAAO RE SLRYFYOMM/AOIR6B4SM MWAKWAVAO'XWOV" MTM REMIBIAk1%"$IAIOM0 OE7K0PM7 NS^SU,SOTOLES.MM"a YESTA9/SIEDADMOMMBYArAANDA9ti AAVNaLVES/MCI.7,1/.41. 11.17 .IIEFHDISNMWASCGWE'/®OYS®7PEBP 14 AID.SI.N/fYM1PAADRENM70M iEFCME3 REREOFARE AOTYINFANT RE ORICA'M7LAEAIO TIE OMYMK RASMSM OFAROR4NLR.ErMSLVWMRAMA1KFM Craig D. Watson - WA 2020.04.28 SIF -0m 6ALAPP9R \\\ •� 12:57:59-04'00' N0. 1ELKROBQI 55 a U M �vQQ f�.4L O W oh '_Q23W Lu12 QK+� Joh co Q W N Z ADB NUMBER 19478 FIELD DA 'E' IE DDAT' 118.7011 CJEf,AFDBY. fDW' ORAMW BY.' OFM SCALE' I, #0 SHEET I OF I Staff Report Special Exception Request Parcel ID: 2-15-37-35-OA00-00007-0000 Description: Convenience Store with Fuel Pumps Prepared for. The City of Okeechobee Applicant: Race Trac Petroleum Inc Petition No.: 20 -002 -SE Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE RaceTrac Petroleum Inc Applicant 200 Galleria Pkwy SE, Suite 900 Atlanta, GA 30339 H2oldings LLC Owner 1534 Walnut Ave Wilmette, IL 60091 Site Address SR 70 Parcel Identification 2-15-37-35-OA00-00007-0000 Contact Person Samantha Jones, Engineering Project Manager Contact Phone Number 770.431.7600 Contact Email Address sjones@racetrac.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.htmi Future Land Use Zoning District Use of Property Acreage Existing Commercial Heavy Commercial (CHV) Vacant 18.86 Proposed Commercial Heavy Commercial (CHV) RaceTrac Gas Station and Convenience Store 18.86 Item Before - :•. • of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is an application for a special exception to allow a convenience store with fuel pumps in the heavy commercial (CHV) zoning district. The subject property is located on the north side of State Road 70 across from Zaxby's, Family Dollar and the Post Office. The gross 18.86 acre property is currently a vacant lot which the applicant is contracted to purchase from 1-12oldings LLC (current property owner). In addition to this special exception application, the applicant has submitted a site plan application (20 -003 -TRC) which depicts development of the southwest 6.63 acres of this parcel with a new RaceTrac gas station and convenience store, including a 5,411 square foot retail building with two canopies, providing an extended diesel fueling area and parking area designed to accommodate larger trucks. LaRue p l a ntling Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE Future Land Use, Zoning, and Existing Use on Surrounding Properties Single Family Residential Residential Mobile Home (RMH) River Run Resort Mobile Home Park Commercial Heavy Commercial (CHV) Vacant Commercial Heavy Commercial (CHV) Zaxby's Restaurant, Family Dollar Store, US Post Office Single Family Residential Residential Mobile Home (R8I`-1) Manufactured Home Sales Center & River Run Resort Mobile Home Park Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and information addressing these standards. 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 follow and are shown in Arial typeface. Identified deficiencies are highlighted. (1) Demonstrate that the proposed location and site are appropriate for the use. APPLICANT RESPONSE: As aforementioned, the applicant is proposing to add a new RaceTrac Gas Station and Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. Specifically, the applicant is proposing to offer a separate canopy designated to service large trucks that often travel on SR -70 as SR -70 is considered a major transportation corridor through the City of Okeechobee. The site plan has been carefully designed to ensure appropriate access of regular everyday customers as well as the commercial trucks to maintain proper circulation and safety of all customer regardless of their transportation means. STAFF COMMENTS: The Applicant is planning to purchase the subject property and construct the RaceTrac gas station and convenience store in the southwest corner of the parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1 and those areas will continue to be vacant commercial property to the north and east of the RaceTrac development site until new development is proposed. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has LaKue 2 ptamng Future Land Use North Zoning District Existing Use Future Land Use East Zoning District , Existing Use Future Land Use South Zoning District Existing Use Future Land Use West Zoning District Existing Use Single Family Residential Residential Mobile Home (RMH) River Run Resort Mobile Home Park Commercial Heavy Commercial (CHV) Vacant Commercial Heavy Commercial (CHV) Zaxby's Restaurant, Family Dollar Store, US Post Office Single Family Residential Residential Mobile Home (R8I`-1) Manufactured Home Sales Center & River Run Resort Mobile Home Park Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and information addressing these standards. 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 follow and are shown in Arial typeface. Identified deficiencies are highlighted. (1) Demonstrate that the proposed location and site are appropriate for the use. APPLICANT RESPONSE: As aforementioned, the applicant is proposing to add a new RaceTrac Gas Station and Convenience Store along the SR 70 corridor. RaceTrac is considered a modern convenience store that provides the public with many products and choices to its consumers. Specifically, the applicant is proposing to offer a separate canopy designated to service large trucks that often travel on SR -70 as SR -70 is considered a major transportation corridor through the City of Okeechobee. The site plan has been carefully designed to ensure appropriate access of regular everyday customers as well as the commercial trucks to maintain proper circulation and safety of all customer regardless of their transportation means. STAFF COMMENTS: The Applicant is planning to purchase the subject property and construct the RaceTrac gas station and convenience store in the southwest corner of the parcel (shown as parcel 1 on the survey). At this time, the Applicant is not proposing any development of the remaining area of Parcel 1 and those areas will continue to be vacant commercial property to the north and east of the RaceTrac development site until new development is proposed. It is important to note that, despite the fact that the currently proposed development area is only a portion of the subject property, the applicant has LaKue 2 ptamng Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE applied for this special exception with a legal description that encompasses all of the subject property (parcel 1). If approved, this special exception to allow a convenience store with fuel pumps will apply to the entirety of parcel 1. Thereby, we will discuss the appropriateness of the location with regard to the entirety of parcel 1. Parcel 1 has approximately 674 feet of frontage on the north side of SR -70 with retail, restaurant and governmental uses existing across SR -70 to the south. The property to the east is entirely vacant commercial property. An existing manufactured home sales facility fronts on SR -70 to the west and an established manufactured home residential neighborhood exists to the west and north. The proposed location on SR -70 near the eastern boundary of the City will provide access to fuel and convenience goods along a heavily traveled roadway without encroaching on the City's central business district. The site is of sufficient size to allow adequate interior circulation and buffering of the adjacent residences. This is an appropriate location for a gas station and convenience store. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. APPLICANT RESPONSE: The proposed use will better serve the public along major transportation corridor without compromising the appeal of the surrounding area. The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR -70 corridor and can still offer services to the adjacent residential properties. STAFF COMMENTS: The main compatibility concern for this use is the existing residential neighborhood to the west and north. However, the applicant has submitted a site plan which depicts an ample landscape buffer proposed on the west side. The proposed landscape buffer exceeds the minimum landscape buffer requirements provided in the City's Code. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. APPLICANT RESPONSE: Landscape techniques to visually screen the proposed fuel station use from the adjacent uses include the provision of dense, native plantings that form a continuous buffer at the Western perimeter. Specifically, a Walter's Viburnum hedgerow and a staggered arrangement of Live Oak, Sweetgum, & Red Maple trees, provided at an average of 20 feet on center consistent with Code requirements, serve to buffer views from the neighboring residential uses, while also occasionally integrating existing Sabal Palms to be retained. Along the SR 70, an Inkberry hedgerow, in addition to layers of compact Firebush, Yaupon holly, and muhly grass, among other shrubs & groundcovers, screen the vehicle use area & add visual interest to the frontage & roadway corridor, while Live Oak, Dahoon Holly, Red Maples offer filtered views of the site. To the North & East, continuous Walter's Viburnum hedges extend along the perimeters to isolate the areas of proposed development from the remainder of the parcel that is not to be affected. Existing natural vegetation typical of Mesic Hammock plant communities loosely define the extents of the property. STAFF COMMENTS: The applicant's description of the proposed landscaping is consistent with the submitted site plan. The proposed Walter's Viburnum hedge would be the main buffer between the adjacent residences to the west. The landscape plan indicates that the LajZue 3 pl-anrlilng Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE hedge would be started with 18 inch tall plants spaced 2 feet apart, though Walter's Viburnum is known for growing into tall hedges up to 15 feet tall, depending on care. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. APPLICANT RESPONSE: Gas stations with convenience stores often get associated with crime and loitering. RaceTrac is aware of these issues and have devoted to change this idea by incorporating standards in all their new buildings beginning with the building appearance to providing actual security measures throughout the site design. The Applicant has devoted special attention to the building's elevations by incorporating brick and stone elements with dark bronze accents in combination with brand colors to give the building an attractive modern aesthetic above the typical gas station elevations to provide an inviting appearance to all travelers. Once inside the building, the open floor plan together with the location of the cash wrap will be able to give the attendant a clear visual throughout the store. The idea is to create an environment where customer activity and open concept will deter crime through natural surveillance. In addition to natural surveillance techniques present throughout the site, RaceTrac is equipped with a 24-hour surveillance system both inside and outside of their stores. In addition, all RaceTrac facilities are company owned and operated so that the maintenance of the property and the quality of the service will be consistently at the highest industry standards. STAFF COMMENTS: None. (5) Demonstrate how the utilities and other service requirements of the use can be met. APPLICANT RESPONSE: The applicant will be working with the Okeechobee Utility Authority for water and sewer services and with South Florida Water Management District for the drainage of the property. All utility services will be designed and constructed according to the standards and approval of the corresponding jurisdictional authority. Based on preliminary conversations, there are a means of providing these services to the applicant. STAFF COMMENTS: None (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. APPLICANT RESPONSE: The site has been designed to provide 16 fuel positions offering regular unleaded, ethanol free, and diesel fuel as well as five fuel positions designated for larger trucks. The reason for this is to separate the larger diesel vehicles from circulating with the everyday consumers. Diesel is also offered in the standard fuel pumps so that light/medium trucks may still fuel in this area without the need to go to the diesel canopy. Wider drive aisles are also being provided for better circulation and allow circulation to maintain throughout the property should there be customers in line waiting to put gas. The applicant is currently working with FDOT to see what off-site improvements will be required to provide a signalized left turn lane for the east bound travelers along SR 70. We will continue working with FDOT throughout the permitting process. STAFF COMMENTS: The Applicant's description is consistent with the submitted site plan, which meets the City's parking facility standards. Mackenzie Engineering prepared a traffic assessment for the project which determined that modifications will be necessary to the roadway and traffic light at the intersection with SE 10th Ave. The City's public works director has been contacted by the applicant to coordinate these improvements. L-K,?e `+ planning Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70-373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements 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 follow and are shown in Arial typeface. Identified deficiencies are highlighted. (1) The use is not contrary to the Comprehensive Plan requirements. APPLICANT RESPONSE: The requested special exception is consistent with the Goals, Objectives and Policies of the Comprehensive Plan in that the RaceTrac Market use will better serve the public along a major transportation corridor without compromising the appeal of the surrounding area. Additionally, as a vacant and underutilized property, the project will develop an infill area with a project that is compatible with other heavy commercial uses along the SR 70 corridor. STAFF COMMENTS: Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. 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. This property fronts on SR -70 (Park Street), which is one of the City's commercial corridors. The commercial corridors are appropriate locations for non-residential uses. Additionally, this site is located near the eastern boundary of the City outside of the central business district. Allowing a convenience store with fuel pumps is appropriate in this location and consistent with the established pattern of land uses within the City. With appropriate buffering, it is also compatible with the adjacent residential use. (2) The use is specifically authorized as a special exception use in the zoning district. APPLICANT RESPONSE: As per Sec. 90-283 (25), this proposed development (convenience store with fueling positions) is an allowed use within Heavy Commercial zoned areas with a special exception approval. STAFF COMMENTS: City Code Section 90-283 specifically lists convenience store with fuel pumps as a special exception use in the CHV heavy commercial zoning district. (3) The use will not have an adverse effect on the public interest. APPLICANT RESPONSE: The proposed RaceTrac development will not have an adverse effect on the public interest as the RaceTrac is intendent to offer gasoline services as well as extend food and beverage offerings to both nearby residents as well as pass by travelers. STAFF COMMENTS: It is in the public interest to have access to convenience goods and fuel along major travel routes such as SR -70. It is also in the public interest to allow development which provides an increase in the tax base. This use should not have an adverse effect on the public interest. LaRuc 5 M�iiqg Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. APPLICANT RESPONSE: The proposed use is compatible with adjacent uses as Heavy Commercial is the predominant zoning classification along the SR -70 corridor and approval of this special exception will maintain land use consistency in this area and additionally be able to provide gasoline services to the public. STAFF COMMENTS: This property fronts on SR -70 (Park Street), which is one of the City's commercial corridors. The commercial corridors are appropriate locations for non- residential uses. Additionally, this site is located near the eastern boundary of the City outside of the central business district. Allowing a convenience store with fuel pumps is appropriate in this location and consistent with the established pattern of land uses within the City. With appropriate buffering, it is also compatible with the adjacent residential use. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. APPLICANT RESPONSE: The proposed RaceTrac should not adversely affect property values or living conditions. On the contrary, the development of this property will promote infill to currently vacant surrounding properties that are zoned for commercial uses. Commercial amenities and services help drive residential interest. More specifically, food and gasoline services help travelers stop and rest to recharge after hours of driving that can also positively affect nearby businesses and other services offered in this area. STAFF COMMENTS: It is possible that allowing the applicant to develop this use will not deter but, instead, encourage development of the vacant property to the east. Conversely, it is possible that property values and living conditions for the nearby residences could be affected, as additional noise is likely to be generated by this use, which is proposed to operate 24 hours per day. The large truck fueling and parking area is located adjacent to these existing residences. The applicant is proposing a landscape buffer that should minimize these potential effects. However, if the Board determines that additional buffering should be provided to protect the existing residences, the Board could require that a wall be provided along the east and north property line as a condition for approval of this special exception. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. APPLICANT RESPONSE: The proposed development is far exceeding any buffer and setback requirements form the adjacent properties. Additionally, the applicant will be proposing other physical separations such as perimeter hedges and landscape to help screen surrounding uses from the daily operations of the RaceTrac. STAFF COMMENTS: The existing residences to the north and west represent the main concern for negative impacts on surrounding uses. The large truck fueling and parking area is located adjacent to these existing residences and is likely to generate noise 24 hours per day. To mitigate these impacts, the applicant is proposing a landscape buffer. However, if the Board determines that additional buffering should be provided to protect the existing residences, the Board could require that a wall be provided along the east and north property line as a condition for approval of this special exception. L -K6 plarip' ng Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. APPLICANT RESPONSE: The primary traffic that the proposed RaceTrac development is intended to capture are nearby residents as well as pass -by commuters/travelers, therefore the proposed should not create an overburden to public facilities such as schools, streets, and utility services. STAFF COMMENTS: This non-residential development will not impact the public school adopted levels of service and there is sufficient utility capacity to accommodate the proposed development. A traffic impact statement has been provided which concludes that roadway and traffic signal modifications will be necessary to accommodate the increase in vehicle trips generated by this project. Those improvements are being coordinated with the City's Public Works Director. 8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. APPLICANT RESPONSE: The proposed use should not create traffic congestion, flooding, or drainage problems, or otherwise affect public safety. We are currently working with FDOT on the access to the property and will continue to do so to provide any traffic measures as required to provide a satisfactory level of service as well as a safe operation of traffic to and from the RaceTrac. We will also continue to work with the water management district to design the site according to all applicable rules and regulations so that there are no adverse impacts to public safety. STAFF COMMENTS: Drainage improvements, including a water retention area at the rear of the project, are included in the site plan. Public safety should not be affected by this project. We request that the Board of Adjustment consider whether or not a buffer wall should be provided along the western and northern property line in areas where existing adjacent residents may experience increased truck noise generated by this development as a condition of the special exception approval. Otherwise, based on the foregoing analysis, the requested Special Exception is consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. We recommend approval of the Special Exception for a new RaceTrac Gas Station and Convenience Store. Submitted by: l Ben Smith, AICP May 12, 2020 Board of Adjustment Hearing: May 21, 2020 Attachments: Future Land Use Map, Zoning Map, and Aerial Depicting Existing Land Uses LaRue pl';arjning Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE 36 ,I :I n u uj v• clm h u f. e Y NF. BTW ST NE. 4TH Sr 16- F. 6F.. NE_ 9 RD ST Y W R Y NE. 2ND ST a 7 FUTURE LAND USE SUBJECT SITE AND ENVIRONS , :_: r,T r,": n:, LAND USE CLASSIFICATIONS bLbrw SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL - MULTI - FAMILY RESIDENTIAL COMMERCIAL c,4 INDUSTRIAL ® PUBLIC FACILITIES EASEMENT •--� RAILROAD CENTERLINE --•-•-- HOPKINS MEANDER UNE UNINCORPORATED Laf0Rue 8 1 ling i 5 Tp N.E. W ST a w s v w h: �'.� .m a a• � :_: r,T r,": n:, LAND USE CLASSIFICATIONS bLbrw SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL - MULTI - FAMILY RESIDENTIAL COMMERCIAL c,4 INDUSTRIAL ® PUBLIC FACILITIES EASEMENT •--� RAILROAD CENTERLINE --•-•-- HOPKINS MEANDER UNE UNINCORPORATED Laf0Rue 8 1 ling Staff Report Applicant: RaceTrac Petroleum, Inc Special Exception Request Petition: 20 -002 -SE ZONING SUBJECT SITE AND ENVIRONS - F- M-- + ff- . 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