2023-12-20 V.A Petetion 23-002-R Ex.123-002-R
Rezoning Request Staff Report
Applicant I Jay Patel
Site Address 1 201 S Parrott Ave, Okeechobee, FI 34974
Prepared for The City of Okeechobee
MORRIS
DEPEW
Rezoning Request
Staff Report
General Information
Owner: Jitendra Living Trust
Applicant: Jay Patel
Primary Contact: Steve Dobbs or Jennifer Busbin (863-824-7644)
Site Address: 201 S Parrott Ave, Okeechobee, FI 34974
Parcel Identification: 3-15-37-35-0010-01720-0010
12/11/2023
Petition No. 23-002-R
Note: For the legal description of the project or other information relating 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
Future Land Use, Zoning, and Existing Use of Subject Property(s)
Parcel #1:
Future Land Use
Zoning
Use of Property
Acreage
Existing
Commercial
Central Business District
Motel
+/- .654
Proposed
Commercial
Heavy Commercial
Motel
+/- .654
Future Land Use, Zoning, and Existing Use of Surrounding Properties
Future Land Use Zoning
North Commercial Light Commercial (CLT)
East Commercial Central Business District (CBD
South Commercial Central Business District (CBD)
West Commercial Central Business District (CBD)
Description of Request and Existing Conditions
Existing Use
Pawn Shop
Professional Offices
Auto Parts Store
Commercial Vacant Building
The applicant is requesting to rezone the subject parcel from Central Business District to Heavy
Commercial. The subject parcel is 0.654-acres with an existing Motel. The motel use is not listed as a
permitted use in the CBD district and therefore is an existing nonconforming use. The applicant has stated
their ultimate intent is to expand the motel use to add another motel room, though no site plan
application has been submitted for that development prograrn at this time. Motels are listed as a
permitted use in the CHV district and expansion of the hotel would be permitted upon approval of this
CITY OF OKEECHOBEE MORRIS /
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Rezoning Request
Staff Report
12/11/2023
Petition No. 23-002-R
request, subject to submittal of a site plan which meets the standards of the Comprehensive Plan and the
Land Development Code, specifically those that pertain to the Heavy Commercial district and the
nonconforming structure provisions of Chapter 90, Article II.
Notwithstanding the applicant's stated intentions, there are differences between the CBD and CHV
districts that could affect future redevelopment of the subject property if this request is approved. The
CHV generally allows for a greater number of permitted and special exception uses, though it requires
more restrictive setbacks and lot coverage.
Every permitted use in the CBD district is also permitted in the CHV district, though there are a number of
uses permitted in CHV district that are not permitted in the CBD district as follows:
• Funeral home
• Hotel, motel
• Taxidermist
• Pet grooming
• Convenience store
• Indoor auction house
• Pawnshop
Every use allowed by special exception in the CBD district is also allowed by special exception in the CHV
district (except pawnshops, which are listed permitted in CHV), though there are a number of uses allowed
by special exception in CHV district that are not allowed by special exception in the CBD district as follows:
• Wholesale, warehouse not including bulk storage of flammable liquids
• Enclosed warehouse and storage
• Outdoor sales and storage, building trades contractor
• Flea market
• Commercial outdoor recreation
• Veterinary service
• Crematory
• Recreational vehicle park, for transient recreation use
• Hospitals, which means in patient hospital care
• Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5)
• Nursing homes
• Alcohol and drug rehabilitation center/detox center
• Convenience store with fuel pumps
• Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale)
• Water treatment services (including storage of chemicals for use and/or retail sale)
• Pest control (including storage of chemicals for use and/or retail sale)
The CBD district allows for development with zero setbacks, whereas the CHV district requires at least a
20 foot front setback, 8 foot side setbacks, and 10 foot rear setback.
The CBD district allows for development with 85% lot coverage, whereas the CHV district allows for
development with 50% lot coverage.
CITY OF OKEECHOBEE 2 1 MORRIS
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Rezoning Request
Staff Report
Consistency with LDC Section 70-340
12/11/2023
Petition No. 23-002-R
City LDC Section 70-340 requires that applicants for rezoning requests must address the following
standards.
1) The request is not contrary to comprehensive plan requirements
Applicant Response: The proposed change in zoning from CBD to Heavy Commercial is not
contrary to the Comprehensive Plan
Staff Response: Per Policy 2.1(e) of the City of Okeechobee Comprehensive Plan, Heavy
Commercial is an appropriate district within the proposed Future Land Use.
2) The use is specifically authorized under the zoning district regulations applied for.
Applicant Response: Yes, the expansion of the established Motel is a permitted use under the
Heavy Commercial zoning district.
Staff Response: The motel use is specifically authorized as a permitted use in the CHV district per
LDC 90-282(7).
3) Approval of the request will not have an adverse effect on the public interest
Applicant Response: The proposed use will not have an adverse effect on the public.
Staff Response: Approval of this request will allow for uses to be developed on the subject
property consistent with the CHV zoning district. As listed above, there are a number of
additional uses that will be permitted and allowed by special exception if this request is
approved. However, the abutting properties are all zoned commercial, developed with existing
commercial uses, which should not be adversely affected by approval of this request. Heavy
commercial zoning is prevalent along SR 441 and is generally desired by the City in order to
provide a range of commercial uses along this commercial corridor.
4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses, and is
not contrary or detrimental to urbanizing land use patterns
Applicant Response: The proposed use is appropriate for the location and is an expansion for the
established business.
Staff Response: The current use of the property is a motel, which is not a permitted use or a use
allowed by special exception in the CBD district, though it is a permitted use in the CHV district.
The motel use has existed on this site for many years adjacent to the neighboring uses. Hotels
and motels are a common use along the City's commercial corridors and are not contrary or
detrimental to urbanizing land use patterns.
5) Approval of the request will not adversely affect property values or living conditions, nor be a deterrent
to the improvement or development of adjacent properties
CITY OF OKEECHOBEE
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MORRIS
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Rezoning Request
Staff Report
12/11/2023
Petition No. 23-002-R
Applicant Response: The proposed use will not adversely affect the property values or be a
deterrent to adjacent properties.
Staff Response: There is no reason to suspect that rezoning the subject property from Central
Business District to Heavy Commercial will have any adverse impacts on property values or living
conditions or be a deterrent to the improvement or redevelopment of adjacent properties.
6) The use can be suitable buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood
Applicant Response: The proposed use will meet all required setbacks and will have little to no
impact on surrounding neighbors.
Staff Response: Expansion of the existing motel use or redevelopment of a new use will be
subject to all Land Development Code required buffers within the Heavy Commercial zoning
district. Additionally, no nuisances or hazards are expected to the surrounding commercial
properties as a result of this rezoning.
7) Approval of the request will not create a density pattern that would overburden public facilities such
as schools, streets, and utility services
Applicant Response: The proposed use will not create a density pattern that will overburden any
public facilities.
Staff Response: Only one residential dwelling unit per commercial building can be allowed as a
special exception use in both the CBD and CHV district, which would have a de minimis impact
on public facilities.
8) Approval of the request will not create traffic congestion, flooding or drainage problems, or otherwise
affect public safety
Applicant Response: The proposed use will address all traffic and drainage concerns during site
plan review. The expansion of the established use will not affect public safety.
Staff Response: The applicant has submitted a Traffic Impact Statement, affirming that the
proposed change in zoning will not result in an increase in the number of trips, as the potential
maximum trip generation of this property is not increased by this rezoning. The applicant states
that the highest trip -generating use permitted under both existing and proposed zoning
classifications is a medical dental office. Water management issues will be considered at time of
site plan approval.
9) The use has not been inordinately burdened by unnecessary restrictions
Applicant Response: The proposed use has not been inordinately burdened by unnecessary
restrictions.
Staff Response: Agreed.
CITY OF OKEECHOBEE
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MORRIS
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Rezoning Request
Staff Report
Conclusion
12/11/2023
Petition No. 23-002-R
Based on the materials provided by the applicant and the above analysis, we find that this request to
rezone the subject property from CBD to CHV is consistent with the City's Comprehensive Plan, reasonably
compatible with adjacent uses, and is consistent with the surrounding pattern of land use. Therefore, we
recommend approval of the Applicant's request.
Submitted by:
Ben Smith, AICP
Director of Planning
December 11, 2023
Okeechobee Planning Board Hearing: December 21, 2023
Okeechobee City Council Public Hearings (tentative): January 16, 2024 and February 20, 2024.
CITY OF OKEECHOBEE
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MORRIS
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Rezoning Request
Staff Report
Supplemental Exhibits
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Petition No. 23-002-R
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Exhibit A: Existing Zoning Map (subject property outlined in Red)
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Exhibit B: Existing Future Land Use Map (subject property outlined in
Blue)
CITY OF OKEECHOBEE 6 MORRIS
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Rezoning Request
Staff Report
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12/11/2023
Petition No. 23-002-R
Exhibit C: Existing Land Uses
CITY OF OKEECHOBEE
VA
MORRIS
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