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2021-07-06 Ex 05Ordinance No. 1227, Page 1 of 2 ORDINANCE NO. 1227 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING CERTAIN TRACT S OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM LIGHT COMMERCIAL TO RESIDENTIAL MULT IPLE FAMILY (PETITION NO. 21-002-R); AMENDING THE ZONING MAP ACCO RDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY ; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, John Creswell, Registered Agent of the property owner, JKST Holdings, LLC, has heretofore filed Petition No. 21-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning certain tracts of land consisting of approximately 1.93 acres from Light Commercial (CLT) to Residential Multiple Family (RMF); and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 20, 2021, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 1.93 acres, as the subject property, located in the City of Okeechobee, to-wit: LOTS 1 TO 12, BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from CLT to RMF. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1227, Page 2 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (21-002-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 6th day of July 2021. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3rd day of August, 2021. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney City of Okeechobee Date: u- �p-� � Petition No. �`';-� ��'.s��?.- j� General Services Department Fee Paid: �-��(-� � Jurisdiction: �;,�,� �;�� 55 S.E. 3�d Avenue, Room 101 1S Hearin 7�_� � 2" Hearin \ ��.- 1 Okeechobee, Florida 34974-2903 9' S-c � t g� �-15-G r,` % G?-�- � Phone: (863) 763-3372, ext. 9820 Publication Dafes: Fax: (863) 763-1686 Notices Mailed: ��' � � _Y Rezone, Special Exception and Variance APPLICAiVi INFORfVI�►TION 1 Name of property owner(s): JKS'r xoldings, LLc 2 Owner mailing address: P• O. sox 873, Port Salerno, FL 34992 3 Name of applicani(s} if other ihan owner Mitch Stcphcns 4 Applicant mailing address: 177o51vtiddlebrook way, Boca Raton, FL 33496 E-mall addreSS: mitchstephens@gmail.com 5 Name of contact person (state relationship): 5teven L. Uobbs - Consutant 6 Contact person daytime phone(s): 863-634-0194 � PROPERTY INFORMATION Property address/directions to property: 7 From SR 70 and 441, head north on 441, turn right at NE 4th Street, the project will be on the left after NE 2nd Avenue Describe current use of praperty: $ Vacant Describe improvements on property (numbeNtype buildings, dwelling units, occupied or vacant, etc. Vacant 9 Source of potable water: oUA Method of sewage disposal: ouA `i0 Approx. acreage: �•��%�+�� 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: I�To 11 12 Is a pending sale of the property subject to this application being granted? Yes Describe uses on adjoining property to the North: 13 NOfth: Single Family East: Vacant South: Vacant West: Commercial 14 Existing zoning: Light Commercial Future Land Use classification: Commercial 15 Have there been any priar rezoning, speeial exception, variance, or site plan approvals on the property? �� No ( )Yes. If yes provide date, petition number and nature of approval. 16 Request is for: �) Rezone (� Special Exception (_) Variance 17 Parcef Identification Number: 3-15-37-35-0010-01100-0010 (Rev 4/2020) Page 1 of 11 REQUIRED ATTACHMENTS '� 18 ApplicanYs statement of interest in property: Contract Purohase�• 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: February 28, 2017 ��° 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three (3) CERTIFIED BOUNDARY surveys of the property (one no larger than 11x17; scale not less than one inch to 20 feet; North point) containing: 22 a. 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 d. Location sketch of subject property, and surrounding area within one-half mile radius .,� 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 Accuracv 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 �ine o� up io $500.00 ana imprisonment of up fo 30 tiays and may result in ihe denial ofi this application. Signature Printed Name Date �� Mitch Stephens � I Z Z�j '_0 For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 4/2020) Page 2 of I 1 ADDITI(.�1�AL Il'�TFOF:1'VI;�:TTUN REQt1�EtED �'UI2 A RE,ZtJ►N�NG A Current zoning classification: Light Commercial Requested zoning classification Residential Multiple Family Describe the desired permitted use and intended nature of activities and development of the property? B The client is proposing to construct to the fullest density allowed mutifamily apartments for rent. 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 ad'acent roadway links with and without the ro'ect. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necess FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPNLENT 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 suf�cient 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 properly. (Rev 4/2020) Page 6 of 11 Findings required for rezoning or c}Zange 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 schaols, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or draina�e problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The �ity staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light af the above criteria and offer a recommendation for approval or denial. (Rev 4/2020) Page 'I of 11 Glenwood Villages Responses to Standards for Considering Changes in Zoning l. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements. The 1.929 acres site is currently zoned Light Commercial, and the surrounding properties are zoned Light Commercial, Commercial, Residential Multiple Family, and Residential Single Family One making the zoning change compatible by acting as a buffer from Commercial to Residential Single Family One further to the east. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed development of apartments on Residential Multiple Family 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 zoning change should have a positive impact on the public interest to develop land that has access to all utilities and roads which will increase land value and development potential as a residential use. 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 proposed use is appropriate for the location and will complement the buffer from intensive Commercial zoning to the west to Residential Single Family One to the east. 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 development of 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 west. The parcel is bounded to the south by NE 4th Street, to the east by NE 3`d Avenue, to the north by NE 5th Street, and to the west by NE 2°d Avenue ROW. 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 accounted for within the existing available amenities and is a buffer from the existing Commercial zoning. 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 existing streets provide adequate capacity for the additional traffic. There are City ditches surrounding the property, but the best location to drain is in the southeast portion of the site, which flow down NE 4�' Street to Taylor Creek. 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. Glenwood Village (Description of requested land use change and reason for request) Mr. Mitch Stephens has a contract on this parcel that is owned by JKST Holdings, LLC. The parcel is Block 110 of the City of Okeechobee, it is 1.929 acres of land between NE 2°d and 3`a Avenue and between NE 4th and 5�` Street, Mr. Stephens is proposing a change of zoning on the subject property. This property is located in Section 15, Township 375, and Range 35E, with the property's parcel ID 3-15-37-35-0010-01100-0010. It is currently located in the Ciiy of Okeechobee with a current zoning of Light Commercial. The primary intent of rezoning this parcel is to amend the zoning classification to Residential Multiple Family. The proposed zoning is compatible with adjacent lands at this location surrounded by Residential Single Family One, Light Commercial, Commercial, other Residential Multiple Family zoned lands. This applicatian requests the City to grant a change in zoning on this parcel from the existing Light Commercial to Residential Multiple Family. The property can be accessed off any of the streets listed above. Mr. Stephens requests that the Planning Board recommend to the City Council to grant the requested zoning amendment of this parcel of land to Residential Multiple Family. � .fONN D. GASEELS. JR. P.rine� c�sae�s s Mccn�a. 40o Nwt znd sa..e okMd�a�6rs. fL 34eM l63��i3-3131 flle no.: t7.a36e ParoN fCandficaAort No. 3-16.37�36A010-01100-0010 I 111i11 Iltll Ili1111111 Iflll 11i111111 illl F=LE hiut-1 2o1�ra�D1.893 o� �rt �s,� �� i�� SNAROIV ROBERi'SON, CLERY, t� GOM�`TROLLEfi QKEECHOBEE GOUNTY► FLORIDA �iECORDEQ Q2/28I2�17 �12:�t7e39 P4i AtfT �90.4�1�.44 REGORDIhEG FEES 31�►.t10 DEED �OC 3b�0.►7i1 REGORDED BY S Creech P9 iS93i <1 a9) tSpsce Abov� This U� Fa Recading Datal Warranty Deed (S'fA1'IJTORY FORM - SECTION b89.02, F.S.) This ladeature made thia dw daY of F�bruary, 2017 Bet�veen C.P. C�., ILC� a Fiorid� tMnk�d NabNiy► camWnY � P� � addreaa ia PO BOX 1�iW9� FoK Pi�rw, FL 34978 of tha Caunty of SaMt lucN� Ste�e of Fbtlds. Ora�Or'. atxi JK$7 HOLD�IQB. LI.C, a Florida IMitrd �a6Wqt comWnY whose pwt o}Hce addreas i� Pt3 BOX 87�, $twK, FL 349Y7 of the Coimty al Martin, Stste of FbrMa. grattEes', Witnqstth that saki gr�tot, fax and in c�sldetstfon ot ttw wm ad TEN AND NOh00 DOliARS (StO.Od} ent! o�er gaad end vaivabfo cbnstdt+aHot�s � aaid grantor in hand peid by eaid flran�e, !he receipt whereof is hereby acknowledpad, has Qranted, bt�ained, and �oMd bo tlre ea�d pPantee, and g 's ne�s and aasdgns tas�v�r, tte� folia�w+ng descrbad tend. �, #yrMt{� �d being in OIuMcF�obM Couoty PlorWa, to-tvit LOTS 1 TO 12, BIOCK 110 OF TFtE CtTI' OF LfKEECHOBEE, ACCORWN(i TO THE PLAT THEREOF A8 RECORDED IN PLAT 800K 7, PA13E' 17, OF THE PUBI.IC RECdRDB OF OKEECtfOBEE COUNTY, FLOWDA. Subjact to roafidiona. remervetfo�a and eaaame�nb of r000�d, ft sny. and said yrantor does hereby hdy wurant the tltls to wid I�nd. and vrpl defend the ame apalnat ►aiMul deime ot ell psrsons vAwmsoevlN. •'Cinnta' sne `Grams�' �n wao tar w�puulsr ar plun�, a wmu�t mqwn�. lo Witscam Whereo[, prantor has hereunoo set prentar's Si9ned, sealed erxi dalMered M our prese�ce: J w t�a,� i �;,�--1'; f w 'N c�o my i�� —u.C�i��. G.P. J�,; and year fk�st above written. The fatgoi�tg inswrt+ent was aciawwkdged befa+e me Ihis 28ih day of Febturry, 2017 by GEORGE PANTUSO, Maneging Member of C.P. CO., LLC, on behalf of tlte titnirod li�bilily company. Helshe �p«sonalty icnown �o me ar [Xj has ptod►�ce� a drivet"s liaxuo ag identitfca�ion. / , ,/ h�nc�a �Ne,e.;ti-:i--- �J� [Nouvy Sealj Noury blic �ilo h6(c1 J V i✓1C�YIT- • NHONOA J. VINCEMT Noqrp PuM{e • State ot Fbdda Cornmitsbt� / Ff 9U2671 %�' • MY Comm. Expins Au0 28. 20t9 ��`" 8aided �roup� MWaml NalsYr A�t Procassed ca�a: �n2n � Book786lPage1593 CFN#2017001893 Page 1 of 1 -� a= � CiTY OF f)KE�CHOBEE 55 S�: 3RD AvErru� OKEECHOBEE, FL 34974 TEt.E: 863-763-3372 FAx: 863-763-1686 I.,AND USE P(�WER OF t�'i"T'�RI�tEY iVame of Property Owners: JKST Hoidings, LLC 1Vdailing E�ddress: p• O. Box 873, Port Salerno, FL 34992 Home Telephone: Work: g63-467-1111 Cell: �'rOperty Addi'e5s: 2fl0 block NE 4th Street Okeechobee, FL 34972 Parcel ITl Number: " " - Name of Applieant: Mitch Stephens Home Telephone: Work: Cell: 919-201-9913 The undersigned, being the record titte owner(s) af the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make apptication 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 terrnination 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 WHER OF THE UNDERSIGNED HAVE SET THE1R HAND AND SEALS THIS �7 f DAY OF �� 20 Z I . � ��.-�,�d��--_ OWNER WITNESS O WN�R W ITNESS STATE OF FLORIDA COUNTY OF [� , C��'��"�'�',� . The foregoing instrument was acknowled ed before me by means of physical presence or _online notarization, this ,3j day of� r � 2�� bY ��Y�.�r� a,�� Person) � who is �ersonally known to me or produced as identification. � � �� MORGAN H BRANDEL ` `'*Y �`Bi�� :,� ��,-,Notary Public-State of Fiorida NOTARYPUBLIC SIGNATURE 3• �; Commission # GG 973359 =n a: -�'��°�� `` March 25, 2024 (Rev A/2020) Page 5 of 11 4/8/2021 Detail by Entity Name �IVISION pf C.ORPORATItJNS `' / � . � fjr�/r�,r%� 1 ��l �� /'/ ) ��l. o rg '� �l r� I ,_.r � t, r\��. r � � � l� J � � � �-,J ./ / . . , � .,,;.,, �y J, ;r:. �epartment of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company JKST HOLDINGS, LLC Filing Information Document Number L16000189762 FEI/EIN Number 81-4132181 Date Filed 10/13/2016 State FL Status ACTIVE Principal Address 4459 SE KUBIN AVENUE STUART, FL 34997 ailing Address P.O. BOX 873 PORT SALERNO, FL 34992 Registered Agent Name & Address CRESWELL, JOHN H 4459 SE KUBIN AVENUE STUART, FL 34997 Authorized Person(s) Detail Name � Address Title AMBR CRESWELL, JOHN H 4459 SE KUBIN AVENUE STUART, FL 34997 Title AMBR CRESWELL, KATHLEEN B 4459 SE KUBIN AVENUE STUART, FL 34997 Title AMBR KOGUT, SHAUN M search.sunbiz.ora/Inauirv/CoroorationSearch/SearchResultDetail?inauirvtvoe=EntitvName&directionTvoe=lnitial8�searchNameOrder-JKSTHOLD INGS... 1 /2 BOUNDARY SURVEY ��N�E�„ LOCATED IN SECTION 15; TOWNSHIP 37 SOUTH; RANGE 35 EAST 1 INCN a 20 R. (INTENDEO DISPLAY SCALE) I__ cac K c c w�c �/ � NBSa]'�1'( 369.85' I - - � - - - C/L !i lSiH SI7FET (tj - - - j - NO IDEtRIFlGi%kl �- lE 7174 SIA�R (f� �M� NO NEIfI7FMwTid/ �cec a r.�unn �ctt w �.ru�n �D �. FH� 3/9' IRON R00 R oo xn�u r�µrE� '� P� �N�' RID SIe' RQ� ROP TH - Sf STn - BLOC1� 109 I P.B. 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S NuwTeo wuY> M u�[ s�e� irsw+ noo i�nnaanori ,,��,,K ; �_�� 7 `� ` �� _ - jr�. - ��I, _ ' 4 t ^' - �`� .Cl ' l�; ' ' �' � m � Z � ¢ � � G Q � o \ � � � m o � tl o � � � F � O O � q q ; o � x C � � a S � s m o � �, � ~ � w m N � � � d#� f m S 3 � m � i 4 o LL o K Y O U N � � �' � M � w Q � W � � O r v' � � _ Q ~ �J..� � � �.L.i z � � L� m Q z O m U W W Y O BOUNDARY BOUNDARY RESOLUTION LOCATED IN SECTION 15; TOWNSHIP (1 INCH = 100 FEET) NE 6TH STREET G' '� Q � BLOCK 90 U' P.B. 5, PG. 5 _ C�) � na �e' �o a. Is'�ac au�� e w �� _I_ SB9'�9'}6'1Y 3&5.a0' � � � W � w W W z Z W � L.I..� � BLOCK 89 ¢ BLOCK 88 ¢ N P.B. 5, PG. 5 � P.B. 5. PG 5 � M d- Z z Z �ao� w a1mv.�w no a!e" nu. ao_ �nm �a airtrunox I - — .... NB9'4J'�1'E 369.80' "'-� --- -" SEc b �r � ='._C�=,: �.t0 ;:,i.._ — �1 �O ro[I� *W� c�mr�c..ia� u* /p' ,ro. wo � w a�nu� roa. u.�x•sn �n� .rc�, mo .� n n»+m v� � s�b- -- BLOCK 110 � �-- P.B�. 5. PG. 5—_• �: �.�,a.ua�b�,�•.��.u.J� g s.L.m wu is na' �I p � n,n•--��aan i l �+0:00 unm 3w .e �ur1 � �- ---------i� r+B9'�I'S0"f 36d.8a' __ ._ _Cars�s ov e�nr+iycs) --. �MO��n/E' NOM FW UPJ n. � I � BLOCK 109 � lo P.B. 5, PG. 5 0l � ��^�� g I nm ve• .mn uoo � w �' nus�o •.�v u�o'� N89'SD'G"C 29e �•• I. ma wa � ase I I� I: o I� V �- Q 2 C� S � � LEGEND: C/L R/W ID FND OHU P.B. PC. O.R.B. O.R,F. 9 0 0 DQ m ❑ CENTERLINE RICHT-OF-WAY IDENTIFICATION FOUND OVERHEAD UTILITY LINE PLAT BOOK PAGE OFFICIAL RECORO BOOK OFFICIAL RECOR� FILE UTILITY POLE TELEPHONE PEDESTAL Y/ATER METER YlATER VALVE SEWER $ANITARY MANHOLE SINGLE SUPPORT SIGN CATCH BASIN BLOCK 122 P.B. 5, PG. 5 �1,� � �� J ' � s�.ncois Ur�i� BLOCK 141 P.B. 5, PG. 5 —� _E� . .__ ; `: ^ I r F.��: ,,, �_,.;�. �no �/x' rw� wo e w i sw.co 1v u mar I nua�co � u e�v . �,� � y� i � �.m �n' +�w mo � w g �,�,�s�b• 1 �a �—_ BLOCK i2i _� P.B. 5, PG. 5 � $ �nn��r.m�,a.w � � s as. �e e�m• .w �/+' r� � z u�[0 tsu U !�b• I� nm�ir wa. m i w "a « i�rr�a`�`�u�� I I � o e�v - � I � -- ---------- -- St79'S1'J7Y/ 3G9.W' ---. � V b[I�'i�i,l� � BLOCK 742 �'� P.E. 5, PG. 5 $ � � � �� ip «� a w _ �.-�- NO9'a0'47'E J70.oP' —��➢ NE 51 H STREET —{ BLOCK 111 P.6. 5, PG. 5 I ro �rrurw P°0 �ONnox —��p- NE 4TH STREET � �'�. BLOCK 120 i P.B. 5, PG. 5 I /w �-uve.�0 / �� ->� N D REE I � � W � z W BLOCI: 7 43 Q P.B. 5, PG. 5 2 � W z — NE 2ND STREET —f— LEGAL DESCRIPTION: LOT 1 THROUGH 12, INC�USIVELY, BLOCK 110, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, 01<EECHOBEE COUNTY, FLORI�A. LOT 1 lHROUGH 12, INCLUSIVELY, BLOCK 121, GTY QF OKEECH06EE, PLAT BOOK 5, PACE 5, OI<EECHOBEE COUNTY, FLORIDA. BOUNDARY RESOLUTION SCALE �o� w mo �ro ( IN FEEi ) 1 INCH e 100 R, (INTENDED DISPLAY SCALE) TREE TABLE PO/N7 /0 TRfE S/ZE TRfE 7YPE 217 26" OAK 71B 14" PINE z�9 76" CAB84GE PALIA 220 16" C4BBAGE PALM 2�1 10" P/Nf ZZZ 10" PINE 723 14" P1NE 724 18' 01K 225 14' OAK 126 18' Q4K 227 12' OAK s2e ie onK 229 14" OAK 2J0 )q' Q4K 23I 14" OAK Z-�2 14 � UNK 233 ]0' OAK 234 ]2' 0.4K 235 16' P/NE 736 ]2' OAK 237 i0' WiH 73B 36' OAK 239 16" OnK 740 1g" OFK 24/ 74" OAK 742 18" OAIC 243 72' OAK ?44 �6� P/NE 2as rg- aaa 246 24" P/NE 247 24" OAK 748 32' OAK 7n9 20" OAIC 250 22" P/NE 251 18" OAK 252 16' OAK 253 22' PINf 254 12' CABBACE PACM 755 19" OAK 256 �p' OAK SURVEY 37 SOUTH; RANGE 35 EAST *SEE SHEETS 2 AND 3 FOR TREE LOCATIONS* TREE TAB[E TREE TABLf 7REE TABCE �T lD TR££ SIZE 7REF 7YPE POINT /D TR££ S/Zf TREf JYPE PO/NT lD TRfE S/ZE TREE TYPf 57 16' CA884GE PALM 797 )0" OAK J37 16" OAK 5B )6' PINE 298 32' OAK 338 12" CAB&1GE PALM 59 48" OAK 299 24' OAK 339 )8' OAK 60 30' UNK 300 36" OAK 340 J4" 11NK 61 16" CAB&7G£ PALM 301 17' OAK 34l 22" OAI( 62 16' MAPLE 302 14' OAK 342 ]6" OAK 63 pq^ OAK 303 72" OAK J43 16" OAIC 64 16" 6s4PLE 304 �2" OAK 344 22" OAK 5 12" MAPLE 305 y0� OAK 345 10" OAK 6 iq' CABBACE PALM 306 16" OAK 346 10" OAK 7 74" DAK 307 IB" OAK 347 76' OAN 8 10' OAK 30B 76" OAK J4B 2q" OAK 9 14" OAK 309 16" Q4H 349 fq^ CABBACf PAGM 0 iq" OAK 310 77" P/NE 350 I4" CABBAGE PALM 1 70" OAK J1J Jp" CABBAGE PALM 351 10' CABBACE PACM 2 16" OAK 377 )q" GBBAGE PA(M 357 )q" CABBAG£ PALM 3 24' OAK 313 /q' OAK 353 12" CAB@ACE PALM 4 12' OAK jl4 7q" CABBACE PAGM j54 12' CAB&1GE PALM 5 32' OAK 315 10" OAK 355 12" CABBaGE PALM 6 20' OAK J76 16' P/NE 356 12" CABBAGE PALM 7 )4" OAK 317 !7` OAK 357 14" P/NE 8 72" OAH 318 )6" OAK 358 )q' CABBACE PALM 9 76' OAK 319 12' OAI( 359 J4' OAK 0 77" OAK 320 20" OAK 360 42' OAK ]6" P/NE 37f 1?" OAK 36l 7p" CABBAGE PALM 1<" �AK 322 74' OAX 36? 14' CABRAGE PALM 78" OAIf 373 17' OAK 363 iB" OAK 12" G1B84CE PALM 324 7g" OAK 364 36' OAK 12" OAK 325 74" OAK 365 36' OAK 14" OAK 376 J2' CABBACE PALM 366 14' P/N£ 10' UNK 327 �q' OAN J67 24' OAIC 78" OAK 328 12' OAII 368 16" OAK 20' OAK 329 Jq' OAI( 369 20" OAK 70' OAK 330 74' OAK 370 10' OAIf 79" OAK 337 ,76" OAK J71 30" P!N£ 12" OAK 3J7 )4' GIBBAGE PALM 372 �q" OAK 76" DAK 333 27" OAK ,773 �Z• pq�� 16" OAK 334 22" OAl( J74 20" P/N£ 16" OAK 335 )Z' GBHACE PALM J75 ]2' CnBBAGE PALM 10" OAK 3J6 24" OAK 376 76" P/Nf 2 2 2 2 7 1 2 7 26 26 26 26 76 27 27 27 z� 27 27 27 27 27 77 28 281 282 2B3 284 285 2B6 287 26B 289 290 291 792 293 294 795 296 SURVEYOR'S NOTES: 1. THE SURVEY DATE IS MARCH 18, 2021. 2. THIS IS A BOUN�ARY sURVEY AS DEFINED IN CHAPTER 5J-17.050(71) OF THE FLORIDA ADMINISiRATIVE CODE. 3. THIS SURVEY MAP AN� REPORT OR THE COPIES THEREOF ARE NDT VALID N7THOU7 THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PAR7Y OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 5. BEARINGS SHOWN HEREON ARE BASED ON GRID NORTH, AND ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 7993, 2011 ADJUSTMENT. THE 6EARINC BASE FOR THIS SURVEY IS THE CENTERLINE OF NORTHEAST 4TH STREET BETWEEN BLOCKS 710 AND 721, SAID LINE BEARS N 69'47'S0" E AND ALL OTHER BEARINGS ARE RELATVE THERETO. 6. THIS SURVEY DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE COMMITMENT, OPINION, OR ABSTRACT. OURING THE COURSE OF THE SURVEY SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDEREO A SU95TITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT OBTAINED FROM A TITLE ACENCY OR OTHER TITLE PROF�SSIONAL. 7. THE LECAL DESCRIPTION OF THE LAND CONTAINED IN THIS BOUNDARY SURVEY IS BASED ON THE DESCRIPTION RECOROED IN OFFICIAL RECORDS BOOK 786, PACE 7593, AND OFFICIAL RECORDS BOOK B16, PAGE 970 AS RECOR�ED IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 8. THIS SURVEY DELIIJEATES THE LOCATIONS OF THE LEGAL DESCRIPTIONS ON THE GROUND, BUT DOES NOT DETERMINE OWNERSMIP OR PROPERTY RICHTS. 9. ADJOINING PROPEP.TY INFORMATION WAS OBTAINED FROM OKEECHOBEE COUNTY PROPERTY APPRAISER OFFICE AND PER PLAT. 10. AERIAL IMAGERY SHONTJ HEREON WAS OBTAINED FROM THE LAND BOUNDARY INFORMATION SYSTEM (LABINS) DATE� 2018 AND IS SHONT! FOR INFORIAATIONAL PURPOSES ONLY. 11. SUBJECT PROPER7Y IS LOCATED IN FLOOD ZONE JC PER FEMA A1AP NUMBER 12093C, PANEL NUMBER 0485C, V41TH FJ.� EFFEC'fl\iE TREE TABLE Po/M /D TREF 517E TRF£ 7YP£ 377 20� P/NE 37B 26" OAK 379 22' P/NE 390 2�" LUK 381 32" OAK 3B2 !8" CAB@ACE PALA1 3H3 28" OAK 384 24' OAK J95 !4' CABBAG£ P,4LM J86 /6' OAK 387 !4' UNK JB8 17' UNK 3B9 16" O/K 390 12' UNK 391 72" !/NK 397 16" OAK 393 74" CABBAGE PALM 394 36' OAK 395 !4" OAK J96 60" OAK 397 2�" OAK 39B 72' CABBACE PALM 399 36' OAK 400 7H' OAK 401 36' OAK 902 14" CABBAC£ PALM 403 32' UNK 404 36' UNK CERTIFICATION: TO E ME B 5T OFY THA T��liEw SiANDARDS OF �,r.� E SEiT 0 PROFESSIO�Vy�UR��gS �� FLORIDA A ISTft� V�-BODE�/} FOR�NEFI�OP TMFS�LL01Y11� „M�,��T�a�s �� "l0�4 2) STE�jD��B EflGiNEERING, LLC. FOR TI-�a'FIgM�i ; � r�- QF BSM �°�� cia �srsiNe�iA�E /s`�O,- J` F�pRIDP � �� ;� ��✓f F�' . __�\I 4, E� vl�l��y�_7 RICHARD E BARN � JL��"g d�� PROFESSIOhAL SURVEYOR AND MAPPE STATE OF FLORIOA LICENSE N0. 7074 ;��Y -;�,, �; - � ,�,, .� .' _ _ �.. ;: `� _ � . >' i, �, �� 'y.. _ ' _ + � . `� ` � ¢ � . .*r°"' _ . , , � z � � 0 iY IS TRUE AND CORRECT AND THAT 17 MEETS THE FLORIDn BOnRD OF :HAP7ER SJ-17, S J � el` Q � � d �� T � a � �^' ��ATE__�I Z�! � F � � � � � � � y a � g m o � o � � w ~ � e o 0 G � € j Q r � � � _ n s � o � a � � _ � N � � � � _ � 4040 �40� N � rn � � � � W � � W � � � r �� S � ~ W � � W z � W m O Z � m U LJJ W Y � �� -'(° ,.V�T'{L. ly�Ulf��A tl�! � 1� �;Y�v; � i�'�, o, � � � �: � 3-15-37-35-0010-00880-0040 WILLIAMSON JOHN 1200 NE 96TH ST 3-15-37-35-0010-00880-0060 MITCHELL RONALD 1105 SW 4TH ST 3-15-37-35-0010-00880-0070 ENTRY MARIE 500 NE 3RD AVE 3-15-37-35-0010-00880-0100 SKYLINE RENOVATION SERVICES LLC 5276 JOG LN 3-15-37-35-0010-00890-0010 LMXN HOLDINGS LLC 1887 SW 8TH ST 3-15-37-35-0010-00890-0040 LMXN HOLDINGS LLC 1887 SW 8TH ST 3-15-37-35-0010-00890-0060 COLT PENNY M 1601 SW 35TH CIR �3-15-37-35-0010-00890-0070 VILLEDA BAUDILIO 201 NE 5TH ST 3-15-37-35-0010-00890-0090 II PARTNERS INC P O BOX 2293 ,3-15-37-35-0010-00890-0110 LMXN HOLDINGS LLC 1887 SW 8TH ST 3-15-37-35-0010-00900-0010 TAMAL PROPERTIES LLC 152 PORGEE ROCK PL '3-15-37-35-0010-00900-0070 TAMAL PROPERTIES LLC 152 PORGEE ROCK PL 3-15-37-35-0010-01090-0010 LAKE REAL ESTATE HOLDINGS LLC 400 N PARROTT AVE ;3-15-37-35-0010-01110-0010 CHURCH OF GOD 301 NE 4TH AVE __ — -- 3-15-37-35-0010-01200-0010 CHURCH OF GOD 301 NE 4TH AVE 3-15-37-35-0010-01210-0010 PENROD SHAUN C 2437 SW 33RD CIR 3-15-37-35-0010-01210-0030 PENROD SHAUN C 2437 SW 33RD CIR ,3-15-37-35-0010-01210-0040 PENROD SHAUN C 2437 SW 33RD CIR 3-15-37-35-0010-01210-0060 PENROD SHAUN C 2437 SW 33RD CIR ;3-15-37-35-0010-01210-0070 PENROD SHAUN C 2437 SW 33RD CIR 3-15-37-35-0010-01210-0090 PENROD SHAUN C 2437 SW 33RD CIR i3-15-37-35-0010-01210-0100 PENROD SHAUN C 2437 SW 33RD CIR 3-15-37-35-0010-01210-0120 PENROD SHAUN C 2437 SW 33RD CIR 3-15-37-35-0010-01220-0010 OKEECHOBEE PRESBYTERIAN 312 N PARROTT AVE �3-15-37-35-0010-01220-0040 OKEECHOBEE PRESBYTERIAN CHURCH 312 N PARROTTAVE _ _ ___ 3-15-37-35-0010-01220-0100 SENIORS R ABLE INC PO BOX 759 �`i�� OKEECHOBEE OKEECHOBEE OKEECHOBEE DELRAY BEACH OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE JUPITER JUPITER OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE TE FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL i=�i(�' 34972-0505 34974 34972 33484-6650 34974-3910 34974-3910 34974 34972-2605 , 34973-2243 34974-3910 33458-1634 33458-1634 ' 34972 , 34972 -- 34972 34974-5723 ! 34974-5723 34974-5723 , 34974-5723 ' 34974-5723 I 34974-5723 34974-5723 34974-5723 34972-2933 34972 34973-0759 ' : i v:� :� �. �.;'T �✓",.. .�-�f`s,: . � . 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This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of March 23 2021 and the , Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. �a��l ,_ � Signature of Applicant Mitch Stephens Name of Applicant (printed or typed) STATE OF FLORIDA COUNTY OF � �C�.(,�le ��/ yz2,�� Date The foregoing instrument was a knowledged before me by means of �physical presence or ❑ online notarization, this ��day of /�' r' 20 ��, by '�(�VI who personally known to me or produced �f� as identification. �`�"�P"� STEVEN L. DOBBS MY COMMISSION # HH49765 ��dF° EXPIRES: October O1, 2024 I therefore attest to this ��'� day of �2 � Notary Public Signature (Rev 4/2020) Page 3 of i l 4/9/2021 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi, CFA Parcel: .«l 3-15-37-35-0010-01100-0010 (33778) », Owner 8� Property Info Result: 2 of 6 JKST HOLDINGS LLC Owner PO BOX 873 PORT SALERNO, FL 34992-0873 Site 309 NE 4TH ST, OKEECHOBEE CITY OF OKEECHOBEE (PLAT BOOK 1 PAGE 10 Description* AND PLAT BOOK 5 PAGE 5) LOTS 1 TO 12 INC BLOCK 110 Area 1.928 AC S/T/R 15-37-35 Use Code*' VACANT (0000) Tax District 50 •The Description above is not to be used as the Legal Description for this parcel in any legal trensacfion. '*The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. Property 8 Assessment Values 2019 Certified Values 2020 Certified Values Mkt Land $164,430 Mkt Land $167,040 Ag Land $0 Ag Land $0 Building $0 Building $0 XFOB $0 XFOB $0 Just $164,430 Just $167,040 Class $0 Class $0 Appraised $164,430 Appraised $167,040 SOH Cap [?] $0 SOH/1o% $0 Assessed $164,430 �aP �� Exem t �� Assessed $167,040 P coun ty:$164,430 Exempt $0 Total city:$164,430 county:$167,040 Taxable other:$164,430 Total city:$167,040 scnoo�:$164,430 Taxable otner:$167,040 scnoo�:$167,040 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 2/28/2017 12/18/2014 1 /1 /2009 11 /26/2008 12/4/2004 10/1 /1988 4/1 /1970 Sale Price $90,000 $27,100 $28,600 $172,700 $0 $100 $100 Book/Page 0786/1593 0755/1673 0676/1328 0663/0479 0563/1428 0299/0499 0119/0659 c �T�� 2020 Certified Values updated: 4/8/2021 Aerial Viewer Pictometery Google Maps � 2020 � 2019 � 2018 � 2017 0 2015 �Sales -�— :��-'w� '�' :�;•'�'�` �. `"- �t+�i�', .1. � ' + � " � T v 7 � � � ; ; �.� . . � / � Deed WD SW WD WD QC WD WD V/I V V V V V V V Qualification (Codes) Q U U Q U U Q �` RCode 01 16 16 03 03 � Building Characteristics Bldg Sketch Description* Year Blt Base SF Actual SF Bldg Value NONE '� Extra Features 8� Out Buildings (Codes) Code Description Year Blt Value I Units I Dims I Condition (% Good) NONE www.okeechobeepa.com/gis/ 1/2 -. . � Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Mitch Stephens Address: 309 NE 4th Street Petition No.: 21-002 -R Request: Change from Light Commercial to Residential Multiple Family Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 1 General Information Applicant Mitch Stephens 17705 Middlebrook Way Boca Raton, FL 33496 mitchstephens@gmail.com 919.201.9913 Owner JKST Holdings, LLC PO Box 873 Port Salerno, FL 34992 shaun@gdcflorida.com Site Address 309 NE 4th Street Parcel Identification 3-15-37-35-0010-01100-0010 Lots 1 to 12 Block 110 Contact Person Steven L. Dobbs Contact Phone Number 863.634.0194 Contact Email Address sdobbs@stevedobbsengineering.com For the legal description of the project or other information regarding this application, please refer to the application submittal package which is available by request at City Hall and is posted on the City’s website prior to the advertised public meeting at https://www.cityofokeechobee.com/agendas.html Request The matter before the Local Planning Agency and City Council is an application to rezone a 1.929 acre parcel located at 309 NE 4th Street from Light Commercial to Residential Multiple Family. This request has been submitted with several other concurrent requests: 1) FLUM change from Commercial to Multi-family for this subject property 2) Vacation of the 5,995 square foot alley which runs through this subject property 3) FLUM change from Commercial to Multi-family for adjacent block 121 to the south of this subject property 4) Rezoning from Single Family Residential to Residential Multiple Family for adjacent block 121 to the south of this subject property 5) Vacation of the alley which runs through adjacent block 121 to the south of this subject property The applicant has stated that if approval is granted for these requests, the goal is to build multi- family structures at the maximum possible density. Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 2 Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Commercial Multi-Family Residential Zoning Light Commercial Residential Multiple Family Use of Property Vacant Multi-Family rental apartments Acreage 1.929 acres 1.929 acres Future Land Use, Zoning, and Existing Use on Surrounding Properties North Future Land Use Multi-family Residential Zoning Residential Multiple Family Existing Use Duplexes East Future Land Use Single Family Residential Zoning Residential Single Family Existing Use Vacant South Future Land Use Commercial (Proposed change to Multifamily) Zoning Residential Single Family (Proposed change to Multifamily) Existing Use Vacant (Proposed Multifamily) West Future Land Use Commercial Zoning Heavy Commercial Existing Use Funeral Home Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant’s comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. Applicant Response: “The proposed request in not contrary to the Comprehensive plan requirements. The 1.929 acres site is currently zoned Light Commercial, and the surrounding properties are zoned Light Commercial, Commercial, Residential Multiple Family, and Residential Single Family One making the zoning change compatible by acting as a buffer from Commercial to Residential Single Family One further to the east.” Staff Comment: If the applicant’s request to change the future land use of this parcel from Commercial to Multi-family Residential is approved, then we agree that a rezoning to Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 3 Residential Multiple Family will be consistent with the City’s Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations.” Applicant Response: “The proposed development of apartments on Residential Multiple Family zoned land is specifically authorized under the proposed zoning district in the Land Development Regulations.” Staff Comment: Section 90-192(3) specifically lists multiple-family dwellings as a permitted use within the RMF zoning district. 3. The proposed use will not have an adverse effect on the public interest. Applicant Response: “The proposed zoning change should have a positive impact on the public interest to develop land that has access to all utilities and roads which will increase land value and development potential as a residential use.” Staff Comment: The applicant’s proposal to provide housing within the City’s commercial corridor should provide increased support for the commercial uses along the corridor and throughout the Community. Additionally, development of this vacant land will increase the City’s tax base, which also has a positive 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. Applicant Response: “The proposed use is appropriate for the location and will complement the buffer from intensive Commercial zoning to the west to Residential Single Family One to the east.” Staff Comment: We agree that multi-family residential in this location provides a good transitional buffer between the existing commercial uses along the corridor and the church and predominantly single family residential neighborhood to the east. 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 Response: “The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property, and development of previously undeveloped land.” Staff Comment: The development of this currently vacant parcel should have a positive impact on surrounding property values. Living conditions should only be improved by the addition of new housing which meets current building and zoning codes. Development and redevelopment of adjacent property will also be more likely with this opportunity to provide goods and services to the additional residents. Additionally, the increased setbacks that apply to commercial properties abutting residential will not be applicable, as the subject property is completely bounded by street rights-of-way and is not considered abutting to any other property. Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 4 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Applicant Response: “The proposed use can be suitably buffered from surrounding unlike uses to the west. The parcel is bounded to the south by NE 4th Street, to the east by NE 3rd Avenue, to the north by NE 5th Street, and to the west by NE 2" Avenue ROW.” Staff Comment: All current code requirements will be enforced at time of site plan approval; including setbacks and landscape buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Applicant Response: “The use will not create density patterns that would overburden any public facilities. The potential development impacts will be accounted for within the existing available amenities and is a buffer from the existing Commercial zoning.” Staff Comment: The applicant has sufficiently demonstrated that public facilities will not be overburdened by an apartment development at this location. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Applicant Response: “The proposed use will not impact traffic congestion as existing streets provide adequate capacity for the additional traffic. There are City ditches surrounding the property, but the best location to drain is in the southeast portion of the site, which flow down NE 4th Street to Taylor Creek. This project will not adversely affect public safety.” Staff Comment: The traffic statement provided by the applicant indicates that multi-family development at the maximum allowable density is expected to generate approximately 140 daily vehicle trips, with 14 of those trips occurring during the PM peak hour. This is not a significant increase in vehicle trips for this location, which is in close proximity to US-441 and SR-70; and this is also significantly less vehicle trips than commercial development at the maximum allowable intensity is expected to generate. All applicable drainage requirements will be enforced at time of site plan approval. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Applicant Response: “The proposed use has not been inordinately burdened by unnecessary restrictions.” Staff Comment: Agreed. Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 5 Recommendation Based on the foregoing analysis, we find the requested rezoning from Light Commercial to Residential Multiple Family is reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. If the Applicant’s concurrent request to change the future land use designation of this property from Commercial to Multifamily Residential is approved then we also find this rezoning request to be consistent with the City’s Comprehensive Plan; and therefore recommend Approval of the Applicant’s rezoning request. Submitted by: Ben Smith, AICP Sr. Planner May 11, 2021 Planning Board Public Hearing: May 20, 2021 City Council Public Hearing: (tentative) June 15, 2021 and July 6, 2021 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 6 FUTURE LAND USE SUBJECT SITE AND ENVIRONS Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 7 ZONING SUBJECT SITE AND ENVIRONS Staff Report Applicant: Mitch Stephens Rezoning Petition No. 21-002-R 8 AERIAL SUBJECT SITE AND ENVIRONS .� � ; `�y.OF•OkF,e�y� �xhi bi -F �S � :�, CITY OF OKEECHOBEE, FLORIDA �} �� a '` _,� ; PLANNING BOARD AND WORKSHOP MEETING -- MAY 20, 2021 `�- � <� �� m�� SUMMARY OF BOARD ACTION CALL TO ORDER Chairperson Hoover called the regular Planning Board and Workshop meeting for the City of Okeechobee to order on Thursday, May 20, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. Board Member Felix Granados was absent with consent. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Chartier, seconded by Member Brass to approve the agenda as presented. Motion Carried Unanimously. IV. MINUTES A. Motion by Member Brass, seconded by Vice Chairperson McCoy to dispense with the reading and approve the March 18, 2021, Regular Meeting minutes and the April 15, 2021, Workshop minutes. Motion Garried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. A. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 21-002-SSA, from Commercial to Multi-Family (MF) Residential on 1.929± acres located at 309 Northeast 4'h Street. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report recommending approval. 2. There were no comments offered by the Property Owner or Agent. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Member Baughman, seconded by Member Jonassaint to recommend to the City Council Comprehensive Plan Small Scale FLUM Amendment Application No. 21-002-SSA as presented in Exhibit 1. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for June 15, 2021. B. Comprehensive Plan Small Scale FLUM Amendment Application No. 21-003- SSA, from Commercial to MF Residential on 2.066± acres located in the 200 Block of Northeast 3�d Street. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 2. There were no comments offered by the Property Owner or Agent. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Member Jonassaint, seconded by Member Chartier to recommend to the City Council Comprehensive Plan Small Scale FLUM Amendment Application No. 21-003-SSA as presented in Exhibit 2. Motion Carried Unanimously. The recommendation will be fonivarded to the City Council for consideration at a Public Hearing tentatively scheduled for June 15, 2021. DRAFT May 20, 2021 Planning Board & Workshop Meeting Page 1 of 3 PUBIIC HEARING QUA51-JUDICIAL ITEMS C. Rezoning Petition Na. 21-002-R, from Light Commercia! to Residential Mu{tiple Family (RMF) on 1.929± acres located at 309 Northeast 4w Street, for the proposed use of an apartment development. 1. Oath for testimony was administered to Mr. Steven Dobbs, 209 Northeast 2"a Street, Okeechobee, Florida. 2. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 3. There were no comments offered by the Property Owner or Agent. 4. There were no public comments offered. 5. There were no Ex-Parte disclosures offered. 6. Motion by Member Chartier, seconded by Member Jonassaint to recommend to the City Council 12ezoning Petition No. 21-002-R as presented in Exhibit 3. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for June 15, 2021, and July 6, 2021. D. Rezoning Petition No. 21-003-R, from Residential Single Family One to RMF on 2.066± acres located in the 200 Block of Northeast 3rd Street, for the proposed use of an apartment devefopment. 1. Oath for testimony was administered to Mr. Steven Dobbs, 209 Northeast 2"a Street, Okeechobee, Florida. 2. City Planning Consultant Smith reviewed the Planning Staff Report recommending approvaL 3. There were no comments offered by the Property Owner or Agent. 4. There were no public comments offered. 5. There were no Ex-Parte disclosures offeced. 6. Motion by Member Brass, seconded by Member Baughman to recommend to the Gity Council Rezoning Petition No. 21-003-R as presented in Exhibit 4. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for June 15, 2021, and July 6, 2021. CNAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:35 P.M. VI. CHAIRPERSON HOOVER RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP AT 6:35 P.M. A. City Planning Consultant Smith briefly reviewed the Staff Report regarding an amendment to the City's Comprehensive Plan to create a Commercial Corridor Overlay (CCO). In May of 2013, the Planning Board recommended to the City Council adoption of a p�oposed amendment with restrictions on rezonings that may be approved within that Overlay. That amendment was never adopted. Staff had an opportunity to review that previously proposed amendment and after suggestions from Board Members at a Planning Board Workshop last month, is bringing back amended language. This proposed amendment would define the commercial corridor for planning purposes and provide aspirational guidelines and objectives for development and redevelopment along the City's major corridors. However, it would not burden that area with any additional requirements or rigid limitations. Additionally, changes were made to the previously proposed boundaries of the overlay after the Board discussed and suggested those as well. The consensus of the Board was to move forward with the Planner's proposal. The proposed CCO amendment is: The City recognizes the importance of North Park Street (SR-70) and Parrott Avenue (US-441) as the City's primary commercial corridor roadways and desires to follow a considered, limited, and consistent approach to encourage private sector development and expansion of commercial, high density residential, and mixed-use opportunities in close proximity to City's major arterials. To this end, the City has identified those areas generally within one to two blocks of each of these roadways, but as more specifically delineated on Map 1.2 in the FLUM Series, as the CCO. DRAFT May 20, 2021 Planning Board & Workshop Meeting Page 2 of 3 . . . � VI. WORKSHOP ITEM CONTINUED To eliminate any uncertainty as to the desired pattern of land use within the boundaries of the CCO, the City declares the following planning aspirations for the CCO: Improve the quality of life for the City's residents and visitors by promoting development and redevelopment within the CCO which contributes to a thriving economic and cultural center with varied commercial opportunities, housing options, and social venues, foster infill and compatibility with existing development, encourage transitional development patterns with gradually lessening intensity outward from the corridors toward the low density residential neighborhoods, and consider rezoning requests within and adjacent to the CCO in light of the City's stated goals for the CCO. CHAIRPERSON HOOVER ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 6:47 P.M. VII. Chairperson Hoover adjourned the meeting at 6:47 P.M. Submitted by: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board 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 irtGudes the testimo�y and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. DRAFT May 20, 2021 Planning Board & Workshop Meeting Page 3 of 3