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2007-07-19
CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS JULY 19, 2007 SUMMARY OF BOARD ACTION PAGE 1 OF 1. CALL TO ORDER - Chairperson. Planning Board/Board of Adjustment and Appeals July 19, 2007, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Member Epifanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook City Planner Jim LaRue Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the June 21, 2007 regular meeting. Chairperson Ledferd called to order the July 19, 2007 Planning Board /Board of Adjustment and Appeals at 6:00 P. M. Board Secretary Clement called the roll: Present Present Present Present Present Absent (without consent) Present Present (moved to voting position) Present Absent Present (Bill Brisson representing LaRue Planning) Present Vice Chair Hoover motioned to dispense with the reading and approve the Summary of Board Action for the June 21, 2007 Regular Meeting; seconded by Board Member Burroughs. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA MCCOY -ABSENT BURROUGHS - YEA JOHNS - YEA JUAREZ - YEA MAXWELL - YEA O'CONNOR - NON VOTING MOTION CARRIED. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 011 -SSA, submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary iigen. The application is to change the Future Land Use designation from Single Family (SF) to Multi - Family (MF) for property located at 103 Northeast 11th Street. Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and is approximately 0.488 acre(s) - Planning Consultant. B. Consider Rezoning Petition No. 07 -010 -R submitted by Vikki Aaron on behalf of property owner Ronald Celli to change the zoning designation from Residential Mobile Home (RMH) to Residential Single Family -One (RSF -1) for property located at 314 Southeast 7th Street. Legal description: Lot 1 and the East ten feet of Lot 2 of Block L, also the West one -half of Hiwassee Street, now Southeast 4th Avenue, Tying East of and adjacent to Lot 1, Block L, Central Park Subdivision as recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, and is approximately 0.311 acre(s) - Planning Consultant. JULY 19, 2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 2UF Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 011 -SSA, submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary Ilgen. The application is to change the Future Land Use designation from Single Family (SF) to Multi - Family (MF) for property located at 103 Northeast 11th Street. Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and is approximately 0.488 acre(s) Mr. Brisson representing LaRue Planning and Management presented the Planning Staff recommendation. He stated the Staff recommends approval citing compatibility with the surrounding area with no problems with potential facilities. He went on to report that this is a very good location due to the nearness of the hospital and Health Care Facility. Board Member Juarez announced that he was abstaining from voting due to owning property in the surrounding area. Chairperson Ledferd asked whether there were any questions from the Board or the citizens. There were none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Application No. 07- 011 -SSA consistent with the Comprehensive Plan, and recommend approval to City Council; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA BURROUGHS -YEA O'CONNOR -NON VOTING HOOVER -YEA JOHNS - YEA MOTION CARRIED. KELLER -YEA JUAREZ - ABSTAINING MCCOY -ABSENT MAXWELL - YEA Consider Rezoning Petition No. 07 -010 -R submitted by Vikki Aaron on behalf of property owner Ronald Celli to change the zoning designation from Residential Mobile Home (RMH) to Residential Single Family -One (RSF -1) for property located at 314 Southeast 7th Street. Legal description: Lot 1 and the East ten feet of Lot 2 of Block L, also the West one -half of Hiwassee Street, now Southeast 4th Avenue, Tying East of and adjacent to Lot 1, Block L, Central Park Subdivision as recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, and is approximately 0.311 acre(s) Mr. Brisson presented the LaRue Planning Staff recommendation for denial based on the fact that this lot would be in the middle of the RMH Zoning and if something were to happen to the home, a mobile home could not be moved onto the lot. 5 206 JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 7 AGE V. PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 07 -010 -R continued. QUASI- JUDICIAL C. Consider a Special Exception Petition No. 07- 006 -SE to allow an assisted living facility within a Residential Multiple Family (RMF) Zoning District (ref. Code Book Sec. 90- 193(12)) submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary Ilgen. The subject property is located at 103 Northeast 11 `h Street. Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.488 acre(s) - Planning Consultant. The best solution would be to deny the petition and amend the LDR's (ref. Sec. 90 -162) to allow single family homes within a RMH Zoning District. Board Member Maxwell asked whether all mobile home parks have deed restrictions? Mr. Brisson suggested that the lot size be matched to other single family home lot sizes. Board Member Maxwell stated that since a single family home was not listed as a permitted use, but not listed as a non permitted use, could a single family home be constructed on the lot in question? Mr. Brisson replied that would not be a good answer and could possibly create problems in the future allowing that thinking. Ms. Vikki Aaron spoke, representing the property owner, Mr Celli. She stated that this area is a mobile home subdivision, not a mobile home park. Chair Ledferd asked whether there were further questions from the board or the citizens. There were none. Board Member Maxwell moved to find Rezoning Petition No. 07 -010 -R inconsistent with the Comprehensive Plan, and recommend denial to City Council on the basis of amending the LDR's, (ref. Sec. 90 -162) to allow single family homes within a Residential Mobile Home (RMH) Zoning District; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA BURROUGHS - YEA O'CONNOR -NON VOTING HOOVER -YEA JOHNS - YEA MOTION CARRIED. KELLER -YEA JUAREZ -YEA MCCOY -ABSENT MAXWELL - YEA Consider a Special Exception Petition No. 07- 006 -SE to allow an assisted living facility within a Residential Multi - Family (RMF) Zoning District (ref. Code Book Sec. 90- 193(12)) submitted by Muhammad Nooruddin on behalf of property owners Donald and Mary Ilgen. The subject property is located at 103 Northeast 11t'' Street. Legal description: Lots 18 and 19 of Block 18 City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.488 acre(s). Mr. Brisson presented the approval recommendation for the petition based on the consistency with the Comprehensive Plan and the surrounding property. He also stated there were no density issues. Chair Ledferd inquired whether this was the same as a group home? Mr. Brisson replied it was not. Vice Chair Hoover asked whether this was an allowed use? Mr. Brisson answered yes. He further went on to state that this is an ideal neighborhood for an assisted living facility. Dr. Saaed Kahn spoke on behalf of Muhammad Nooruddin. Dr. Kahn reported that they have been researching this use for more than a year. The community has a real need for assisted living in Okeechobee. Currently there are no such facilities available. He reported that to find such a facility you had to go to the Coast. NDA V. PUBLIC HEARING CONTINUED. IQUASI- JUDICIAL C. Consider a Special Exception Petition No. 07- 006 -SE continued. CLOSE PUBLIC HEARING VI. NEW BUSINESS. A. Consider a request to recommend to City Council to amend the LDR's, Division 4 Residential Mobile Home (RMH) District ref. Sec. 90 -162 - Planning Board. B. Consider a request to recommend to City Council to amend the LDR's, Division 4 ref. Sec.70 -338 Application for rehearing - Planning Consultant. 207 JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 7 ACTION Vice Chair Hoover moved to approve Special Exception Petition No. 07- 006 -SE to allow an assisted living facility within Residential Multi - Family Zoning District (ref. Sec. 90- 193(12)); seconded by Board Member Burroughs. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA MCCOY -ABSENT BURROUGHS -YEA JOHNS -YEA JUAREZ -YEA MAXWELL -YEA O'CONNOR -NON VOTING MOTION CARRIED. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:33 P.M. Consider a request to recommend to City Council to amend the LDR's, Division 4 ref. Sec. 90 -162 to add a permitted use to allow a single family home within a mobile home subdivision. Mr. Brisson reported that many mobile home subdivisions allow single family homes. One concern is the lot size. It should be comparable to the required lot size for a single family home in a residential zoning district. Board Member Maxwell stated he would like to see single family homes replace mobile homes when possible. The Board concurred. Board Member Maxwell moved to recommend to City Council to amend the LDR's ref. Sec. 90 -162 of Division 4 to allow a single family dwelling within the Residential Mobile Home Zoning District as a permitted use and include such language to allow for other applicable provisions of the LDR's as related to minimum lot size, set backs, etc. and that the City Council consider as a public policy standpoint that people should be allowed to replace mobile homes with single family dwellings; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA MCCOY -ABSENT BURROUGHS - YEA JOHNS - YEA JUAREZ - YEA MAXWELL - YEA O'CONNOR -NON VOTING MOTION CARRIED. Consider a request to recommend to City Council to amend the LDR's, Division 4 ref. Sec. 70 -338 Application for rehearing to change the resubmittal time period from at least 60 days to a period of one year. VI. NEW BUSINESS CONTINUED. B. LDR's, Division 4, ref. Sec. 70 -338 continued. C. Consider a request to recommend to City Council to amend the LDR's, Division 6 ref. Sec. 70 -152 Powers and Duties - Planning Consultant. JULY 19, 2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 7 GcTItIN -DS Mr. Brisson explained 60 days is not enough time to warrant a change in position to an application or petition that has been processed and denied. This causes extra time to duplicate what has already been done to support the last request. This just allows brow beating by the applicant. Need a valid purpose for the applicant to resubmit. Board Member O'Connor reported that this rule was made when he was on City Council. He stated that when the time period of 60 days was determined it was not known at that time if that was the right amount of time. Sixty days was the time period picked thirteen years ago. Board Member Burroughs moved to recommend to City Council to amend LDR's Division 4, ref. Sec. 70 -338 to change the rehearing time period from 60 days to one year; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA MCCOY -ABSENT BURROUGHS - YEA JOHNS - YEA JUAREZ - YEA MAXWELL - YEA O'CONNOR -NON VOTING MOTION CARRIED. Consider a request to recommend to City Council to amend the LDR's, Division 6 ref. Sec. 70 -152 Powers and Duties. Mr. Brisson explained the language that is being requested for change. Currently there are seven sub sections. Consideration for recommendation to remove sub section (5) Site plans. After reviewing recommendations by the technical review committee (TRC) to determine whether specific proposed developments conform with the requirements of these regulations, and (6) Temporary use permit. To hear petitions for temporary use permits as authorized in these regulations. Vice Chair Hoover stated that this is basically a housekeeping item, and we as a Board have never weighed in on either issue. Board Member Maxwell further explained, he thinks what raised this is when working on the Planned Unit Development (PUD) Ordinance, there was discussion of what the review process would be. Board Member Maxwell asked Mr. Brisson, whether all these things are compatible and in harmony? Mr. Brisson answered no. Mr. Brisson reported that in the PUD the Board will review the conceptual plans, which is the real meat, then the TRC will review the actual site plans, which is what they do now. Board Member Maxwell interjected that the TRC would review the final site plan. Mr. Brisson concurred. Board Member Burroughs made a motion to recommend to City Council, revision to the LDR's to amend Section 70 -152 Powers and Duties, as outlined above to remove sub section (5) and (6); seconded by Vice Chair Hoover. VOTE LEDFERD - YEA HOOVER - YEA KELLER -YEA MCCOY -ABSENT BURROUGHS -YEA JOHNS - YEA JUAREZ - YEA MAXWELL - YEA O'CONNOR -NON VOTING MOTION CARRIED. VI. NEW BUSINESS CONTINUED. D. Consider a request to recommend to City Council to amend the LDR's, Chapter 86, Article II, Plans and Plats - Planning Consultant. E. Consider a request to recommend to City Council to amend the LDR's Division 5 Signs - City Attorney 209 JULY 19, 2007 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 0F7 Consider a request to recommend to City Council to amend the LDR's, Chapter 86, Article II, Plans and Plats The current LDR's, Chapter 86, Article 11 states that the TRC shall review the pre application for Plans and Plats, with the City Council reviewing and ruling on the preliminary plat approval and the final plat approval. The revision to amend would have the Planning Board reviewing the plat request at the preliminary state and sending a recommendation to City Council for final Plat approval. Board Member Burroughs stated, basically this request represents substituting the Planning Board for City Council on the preliminary plat review. Mr. Brisson concurred. Board Member Burroughs made a motion to recommend to City Council revision to LDR's Chapter 86, Article II Plans and Plats that the Planning Board be the recommending Board for the preliminary plat review before final plat review by City Council; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA MCCOY -ABSENT BURROUGHS - YEA JOHNS - YEA JUAREZ - YEA MAXWELL - YEA O'CONNOR -NON VOTING MOTION CARRIED. Consider a request to recommend to City Council to amend LDR's Division 5 Signs. In the absence of City Attorney Cook, Mr. Brisson presented the Sign Ordinance. Board Member Maxwell said that he read through the ordinance and he noticed, that in some municipalities, no signs may be above a certain height, which makes a nice appearance. He further stated that he saw no reference to that in the proposed ordinance. Mr. Brisson distributed a memorandum outlining concerns by the LaRue Planning Staff. He went on to report that the Planning Staff had only a couple of days to review the ordinance as did the Planning Board Members. The memorandum referenced: 1. Murals should be included in the definitions as we have defined them in our existing ordinance. 2. Off- premise signs less than 101 square feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" temporary sign allowed other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "device" instead of devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. These are the observations of the LaRue Planning Staff. Mr. Brisson did address Board Member Maxwell's question of height. He said he also did not see any provisions for height. A lot of communities limit sign height. Board Member Maxwell stated that we do not have an interstate in Okeechobee, therefore we might want to consider limiting the height of the signs We want to slow down traffic, we should consider a low height limit and also exclude billboards. He said he could not tell whether billboards were excluded as they are in the definitions. He further stated, basically the City does not need billboards. It does not serve public interest, only revenue for the property owner. VI. NEW BUSINESS CONTINUED. E. Division 5 Signs continued. VII. ADJOURNMENT - Chairperson ATTEST: ,(x);(4-_, William Ledferd,' hairperson PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings 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 of the Department. JULY 19, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 7 OF 7 Board Member Burroughs questioned Mr. Brisson concerning the Special Business Sales Event. Mr. Brisson stated there is nothing in the new sign code to allow for special events. With the new laws in effect, anything you want to add to the code probably should be "content neutral ". There is a pending court case challenging information placed on the sign face. Mr. Brisson stated that you could only regulate how many, where located and the size. This is an issue of free speech, this is what the courts are ruling on now. Mr. Brisson believes there is a current provision in the code now that addresses the issue of Special Events, this need to be incorporated into the new sign ordinance. Chair Ledferd asked about the nonconforming section. Mr. Brisson implied this was in reference to get old signs into compliance. Board Member Maxwell stated that the life of a sign is very long. A time period would be beneficial to aid in this step to either remove or repair or replace. Chair Ledferd requested the Board make a motion to approve the ordinance and memorandum. Chair Ledferd advised the Planning Board to pass this sign code on to City Council and any Board Member that would like to write comments or changes they would like made, submit to Secretary Clement via e -mail for submittal to Mr. Brisson at LaRue Planning and City Attorney Cook. Changes, then, would be compiled by LaRue Planning and or Attorney Cook and submitted to City Council for recommendation. Board Member Maxwell moved to recommend to City Council the proposed amendment of Division 5 Sign Ordinance as proposed by the City Attorney and to further consider the input provided by the City Planner and also consider any additional input supplied by individual members of the Planning Board between now and the hearing date; seconded by Board Member Burroughs. VOTE LEDFERD -YEA BURROUGHS - YEA O'CONNOR -NON VOTING HOOVER -YEA JOHNS -YEA MOTION CARRIED. KELLER -YEA JUAREZ -YEA There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:20 p.m. MCCOY -ABSENT MAXWELL - YEA The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of iTh iv 110 .LA LCD-% in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /6) Affiant further says that the said 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. // I t. Sworn to andku ribtatefore me this ayl of ♦ X, PUBLIC HEARING NOTICE CITY PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS NOTICE: The Planning Board /Board of Adjustment and Appeals ditto City of Okee- chobee, Ronda wit meet on Tlwnday, July 19, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be field at City Hall; 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Ronda The Hems of consideration at this meeting are Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future submitted by uhammad N0000rruddllnoon behalf oflproperty owner(s)) Donald and Mary Ilgen. The application is to change the Future Land Use from Single Family (SF) to Multi-Family (MF) for property located at 103 Northeast 11th Street. Legal description: Lots 18 and 19 of Block 18, C'dy of Okeechobee Subdivision, as re- corded in Plat Book 5, Page 5, Public Records of Okeechobee County and is ap- proximately 0.488 acre(s). The proposed use is for mufti-family dwellings. Conduct a Public Hearing to Consider Rezoning Petition No. 07- 010-R. The peti- tion is being submitted by Vitdd Aaron on behalf of property owner Ronald Ceti. The request is to change the zoning designation from Residential Mobile Home (RMH) to Residential Single Family -One (RSF -1) for property located at 314 Southeast 7th' Street Legal description: Lot 1 and the East ten feet of Lot 2 of Block L, also the West one -hag of Hiwassee Street, now Southeast 481 Avenue, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision, as recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, and is approxi- mately 0.311 acre(s). The proposed use is to construct a single family dwelling. Conduct a Pubic Hearing to consider a SPECIAL EXCEPTION to allow an adult family care home or assisted living facility within a Residential Multiple Family (RMF) Zoning District (ref Code Book Sec. 90- 193(12)) submitted by Muham- mad Nooruddin on behalf of properly owner(s) Donald and Mary peen. The sub- ject property is located at 103 Northeast 11th Street. Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County and is approximately 0.488 acre(s). Petition No. 07- 006 -SE. Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Development Regulations (LDR's) and render a recommendation to the City Council for consideration and final adoption. A copy of the entire application(s) and agenda are available in the General Services Office, Rm 101 at City Hall or by calling Betty Clement at (863) 763 -3372 x 218. Please be advised that the Board of Adjustment and Appeals will serve as the de- cision making body (quasi- judicial), on behalf of the City, to approve or deny Spe- cial Exceptions or Variance Application(s). The Planning Board will make recommendations to the City Council for consideration and final adoption of Com- prehensive Plan Amendments, Rezoning Applications and Land Development Regulations ILDR's) Amendments. PLEASE TAKE NOTICE AND BE ADVISED that N any person desires to appeal any decision made by the Planning Board/Board of Adjustments and Appeals with re- spect to any matter considered at this meeting, or hearing will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Media are used for the sole purpose of back -up for the General Services Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceedipnrg should contact Betty Clement, no later than two (2) working days paired, call TOD 1-800-g 222 -3448 (voice) or 1-888- 447 -5620 (TTY). or voice im BY: Brian Whitehall, Zoning Administrator 220380 ON 7/2/07 laeutencsvnepearrepostRilssaysecreepeoleamssaatas s CONSTANCE L. HAWSE or" Co;nm# 0D0563848 Expires 6/14/2010 Ficric,3 Notary As: n.. tnc A.D. 20 Notary Public, State of Florida at Large The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a AO Ala AMY AVM 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 lAyo Affiant further says that the said 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. Swornto • d s ' • d befor me this A day . `[ .� A.D. 20 �l Notary Public, State of Florida at Large PUBLIC HEARING NOTICE CITY PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS NOTICE: The Planning Board/Board of Adjustmeatard Appeals of the City of Okee- chobee, Florida wit meet on Thursday, July;11'3007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held'* City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. The items of consideration at this meeting are: Conduct a Public Heating to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-011-SSA. The application 5 being submitted by Muhammad Nooruddin on behalf of property owner(s) Donald and Mary ll en. The applcation is to change the Future Land Use from Single Family (SF) to Mu6 -Fandl (MF) for property located at 103 Northeast 1111, Street Legal description: Lots 8 and 19 of Block 18, City of Okeechobee Subdivision, as re- corded in Plat Book 5, Page 5, Public Records of Okeechobee County and is ap- proximately 0.488 acre(s). The proposed use Is for multi-family dwellings. Conduct a Public Hearing to Consider Rezoning Petition No. 07 -010-R. The peti- ton is being submited by Vied Aaron on behalf of property owner Ronald Celli. The request is to change the zoning rleslgnaton from Residential Mobile Home (RMH) to Residential Skple Family-One (RSF-1) for property located at 314 Southeast 7th Street. Leeg�al description: Lot 1 and the East ten feet of Lot 2 of Block L, also the West one -hat of Hiwassee Street, now Southeast 4th Avenue, lying East of and adjacent to Lot 1, Block 1, Central Park Subdivision, as recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, and isapproxl- matey 0.311 acre(s). The proposed use is to construct a single family dweldng. Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow an adult tam care home or assisted being facility within a Residential Multiple Family (PM ad Zorudd onn behalf of prooper�ry owners Donalld and Mary ligen.yThe sub- ject property is located at 103 Northeast 11th Street Legal description: Lots 18 and 19 of Block 18, City of Okeechobee Subdivision, as recorded in Plat Book 5, Page 5 PPetibionNecOrrd00oSOkeechobee County and is approximately 0.488 Consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan which include the Land Development Regulations ( LDR's) and render a recommendation to the City Council for consideration and final adoption. A copy of the entire apptcation(s ) and agenda are available in the General Services Office, Rm 101 at City Hat or by calling Betty Clement at 863) 763.3372 x 218. Please be advised that ttte Board of Adjustment and will serve as the de- cision maldng body (quasi- Judicial), on behalf of the C , to approve or deny Spe- cial Exceptions or Variance Application(s). The P ning Board wig make recommendations to the City Council for consideration and final adoption of Com- prehensive Plan Amendments, Rezoning Applications and Land Development Regulations (LDR's) Amendments. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any decision made by the Planning Board/Board of Atustments and Appeals with re- spect to any mater considered at this meeting, or hearing wit need to ensure a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. Media are used for the sole purpose of back-up for the General Services Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863-763-3372 x 218; if you are hearing or voice im- paired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). 8Y: Brian Whitehall, Zoning Administrator 220380 ON 7/2/07 CONJSTANCE L. HAWSE Comm# DD0563848 • = Expires 6114 /2010 ;Z^'9ec`' Florida Notary Assn., Inc 1CITY OF OKEECHOBEE - JULY 19, 2007 - PLANNING BOARD /BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: July 19, 2007, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. 11. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Jurarez 0 L)?O( i V Alternate Mike O'Connor Attorney John R. Cook Secretary Betty Clement PAGE -1- Absent X X x X III. MINUTES - Secretary A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the June 21, 2007, regular meeting. Board Member moved to dispense with the reeding and approve the Summary of Agency Action for the June 21, 2007 regular meeting; seconded by Board Member. VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS i( CARRIED DENIED IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. — 136 Pe. V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT II-00 P.M. 1. DISCUSSION Application No. Request Location Applicant PAGE -2- 07- 011 -SSA Comprehensive Plan Small Scale Future Land Use Map Amendment to change the land use from SF to MF. 104 NE 11th Street, Lots 17, 18, and 19, Block 18. approximately 0.488 acres Muhammad Nooruddin on behalf of property owners Donald and Mary A. Ilgen. Staff Representation City Planner Consultant LaRue Planning Staff Recommendation Approval ' t 1 k.�- 4.4.t3�^- ,7► p z, &I--- i / • 9l► ► .. ..t.i..'AI M 4-_1L.a ...6La`.:. _�„ 4. t 9. LA.'a.� / 11 , _I (R . . , ; . NyluteLTN9,044.A., PAGE -3- MOTION: B • . - � er i..--/ moved to find Comprehensiv 3. Jan_Map Amendment Petition No. 07- 011 -SSA consiste nco istentwith the `Comprehensive Plan, and recomm Board Member enial to City Council; seconded by VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD �( HOOVER BURROUGHS X KELLER X MAXWELL x MCCOY JOHNS X JURAREZ X O'CONNOR �._—__ u RESULTS ( CARRIED DENIED 2. Petition No. Request Location Applicant Staff Representation LaRue Planning Staff Recommendation DISCUSSION 07 -010 -R Rezone property from RMH to RSF -1 314 SE 7th Street, Lot 1 and the East 10 feet of Lot 2, Block L, Central Park Subdivision, Okeechobee, Florida, and is approximately 0.311 acres. Vikki Aaron on behalf of property owner Ronald Celli City Planning Consultant Denial . 0 1 t1 ►iL,,, t v. .. —.AA �i A iii _4 t 1 1 a - l . _. MI G'I,ztrd. IMAM I $111111 /A-11Enilid. _ • &ir .11. -0Mat r _ j v L i c4j- . _ I i.._� ..laW ...a1_ PAGE -4- MOTION: Board Member / f lam( moved to • :Rezoning Petition No. 07 -01 OR consistent/ /nconsisten ith the,gomprehensive Plan, and recommend approv• /denial to ity Council; seconded by Board Membe bet.4_t_zQ to VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD Y\ HOOVER Y BURROUGHS 5C KELLER Y MAXWELL )j MCCOY x JOHNS JURAREZ O'CONNOR RESULTS CARRIED DENIED QUASI-JUDICIAL 3. Petition No. Request Discussion Location Applicant Staff Representation 07- 006 -SE Allow an assisted living facility within RMF Zoning District (ref. Sec. 90- 193(12)) 104 NE 11th Street, Lots 17, 18, and 19, Block 18. approximately 0.488 acres Muhammad Nooruddin on behalf of property owners Donald and Mary A. Ilgen. City Planner Consultant LaRue Planning Staff Recommendation Approval _ t • I �1�e I �_ /_" i - �= - - _i /..rte a mommermimmommumw twEwiriv„,_ mrt 4 � ► 6! 3111 116.' • 4 } kCO3..k.v.. — cyl. ,y . _►.. . 'A. r � . :! 10 ' ._ f� r . CIS 41 • ._. , , I: ii_. 1s. i ■ • AC t Acs 44M17 ►� ���� - i►:v �i ��J1!I ... _ � PAGE -5- MOTION: Board Member moved to • . prov deny Rezone Petition No. 07006 -SE to allow an assisted living facility within RMF Zoning District (ref. Sec. 90 -193 , seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD �( HOOVER BURROUGHS X KELLER ->C MAXWELL 1 �C MCCOY - JOHNS �( JURAREZ O'CONNOR _— RESULTS //CARRIED f DENIED CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS - Chairperson. (0: 33? zo94„r_c-to- &-yiLQ-7L-ek_ A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Recommend to amend Code Book Sec. 70 -338 Application for rehearing Discussion A.I _62 G I •fir`. 4 as i �L i_ I 9 4 -1- 1 • •1•.■ I e roar ,411.1.MAISTAITWalevi b`e Lt) MA I - (0rk � spuk(iiiku— C4A, vrvv<mws_.k ypas Motion: PAGE -6- Board Member �!.r 4 L.... moved ti recommen. •eny Amendment to Secti 70 -338 Application for rehearing fo change re- applica n days from 60 t• -- `~ ; seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD X HOOVER )( BURROUGHS KELLER MAXWELL K MCCOY X JOHNS )( JURAREZ X O'CONNOR RESULTS CARRIED DENIED' 2. Recommend to amend Code Book Sec. 70 -152 Powers and duties Discussion Be)- Motion: Board Member Jo- ehnge' PAGE -7- moved to recommend /deny Amendment to Section 70 -152 Powers and duties seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD HOOVER BURROUGHS X KELLER MAXWELL X MCCOY JOHNS J` JURAREZ O'CONNOR RESULTS TARRIED DENIED 3. Recomme mend Code Book Chapter 86, Article II, Plans and Plats Discussion MOTION: Page -8- VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD Y HOOVER BURROUGHS 14 KELLER MAXWELL MCCOY JOHNS K. JURAREZ y O'CONNOR -� RESULTS / CARRIED ) DENIED 4. Recommend to Amend Division 5 - Signs Discussion .'Al . A �� " • 4 _ 1 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239 - 334 -3366 • FAX: 239 - 334 -6384 MEMORANDUM DATE: July 19, 2007 TO: John Cook, City Attorney LPA Members FROM: James G. LaRue, AICP RE: Proposed Sign Ordinance This Sign Ordinance seems fairly clear and to the point. A couple of observations are: 1. Murals should be included in the definitions as we have defined them in our existing Ordinance. 2. Off - premise signs less than 101 square feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" temporary sign allowed other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "device" instead of devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. JGL /vr cc: Brian Whitehall, City Administrator Lane Gamiotea, CMC, City Clerk Betty Clement, General Services Coordinator Bill Brisson, Senior Planner �vc CPF fus5 AA fill A FANIMIAVINNIMM.MeitMe Page -9- Signs Cont'd. VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MBR LEDFERD HOOVER BURROUGHS ,X KELLER S( MAXWELL V MCCOY A JOHNS Y JURAREZ V O'CONNOR CARRIED DENIED 1 74- j, RESULTS / VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT P.M. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING JULY 19, 2007 OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, July 19, 2007, 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook City Planner Jim LaRue General Services Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the June 21, 2007, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. JULY 19, 2007 - PB /BOA AGENDA - PAGE 2 OF 3 V. PUBLIC HEARING 1. Application No. 07- 011 -SSA Request Change FLU from Commercial (C) to Multiple Family (MF) for assisted living facility Location 103 Northeast 11th Street, Lots 17, 18 and 19, Blk 18 approximately 0.488 acres Applicant Muhammad Nooruddin Staff Representation City Planner Consultant LaRue Planning Staff Recommendation Approval 2. Petition No. 07 -010 -R Request Rezone property from Residential Mobile Home (RMH) to Residential Single Family -One (RSF -1) Location 314 Southeast 7th Street, Lot 1 and E ten feet Lot 2, Blk L, Central Park Subdivision Applicant Vikki Aaron on behalf of property owner Ronald Celli Staff Representation City Planner Consultant LaRue Planning Staff Recommendation Denial QUASI- JUDICIAL 3. Petition No. 07- 006 -SE Request Special Exception to allow an assisted living facility within a Residential Multi- Famiiy(RMF) Zoning District (ref. Sec. 90- 193(2)) Location 103 Northeast 11th Street, Lots 17, 18 and 19, Blk 18 approximately 0.488 acres Applicant Muhammad Nooruddin Staff Representation City Planning consultant LaRue Planning Staff Recommendation Approval CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider a request to amend Sec. 70 -338 Application for rehearing. JULY 19, 2007 - PB /BOA AGENDA - PAGE 3 0F3 VI. NEW BUSINESS CONTINUED. 2. Consider a request to amend Sec. 70 -152 Powers and duties. 3. Consider a request to amend Chapter 86, Article II, Plans and Plats. 4. Consider a request to amend Division 5, Signs. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing 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. r City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee Florida 34974 -2903 ' Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: tangy) 1 Petition No.01 a. ©1 - SSA pee Paid: 500 , 00 Jurisdiction: pAi. 1( , Applicant mailing address: p, ,• 6 c> y , LJ L/ E , I(Lee G(u4e rf - 347 73 1st Hearing: 7 i) ei 1 c 7 2nd Hearing: 17 7 Publication Dates: Legal Description of the Property (Lengthy Description May be Attached): CA FU I l cz(4-6 , (..-) & /7, /L? tee ( )9 , RL©4- /D Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): 1 L 5 e Ai n ha. (A) Owner mailing address: ? C '1 c,i 1, re)) / AA );A i)910-7 . , &frjr ' 2-Ai 37: P LName I A N T of applicant(s) if other than owner (state relationship): (J'1 wd may �%r, o /Lc -t /J /),' Applicant mailing address: p, ,• 6 c> y , LJ L/ E , I(Lee G(u4e rf - 347 73 Name of contact person (state relationship): J4i/v`e---- - Proposed Future Land Use Designation: p m , Contact person daytime phone(s): 16 3- 77 7 3 Fax: 7C3--6.61 V Property addreti; directions to propcm - Ati, /1/::- V :: / / c-71- - P R PExisting E R T Y Parcel identification cumber: '5"" ' S - 4 j- 3 - ' '' i c - ` c3 : VC" -- `' / 7 c.) - f - 3 j -31 - uc' j U - c' c> / Z,'u —( c, Size of the Property (in acres): Cl . tt F € /1-c_/t . Current Zoning Designation: fy) y4 -t ` jy vv1 i C� (I Current Future Land Use Designation: [ /-L- �-"( Use of the Property: 5) te- C%,'fr ' Lel - Proposed Future Land Use Designation: p m , Proposed Use of the Property: pm F 1,7 r Gt .. ‹Ae61 c' _ 2(C. 7 'eo-) fr- Al- F Description of Surrounding Properties: f °-- '�'1rn6/ ;`i j — rY) r c _ rvt lc* Ai _ m G Legal Description of the Property (Lengthy Description May be Attached): CA FU I l cz(4-6 , (..-) & /7, /L? tee ( )9 , RL©4- /D Uniform Land Use Application (rev. 12/03) Page 1 of 2 Survey of Property (11" x 14 ", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non - refundable) City Location Map 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 summary denial of this application. 1114 4 WrvVi 01- 4a6i >/es/ Date Printed Name — Icr` °7 Zinifonn Land Use Application tree 12!03) Page 2 of 2 TO: City of Okeechobee Date 6-14 -07 RE: Comprehensive plan amendment application FROM; Donald W. & Mary A. llgen I here; by give my consent for Muhammed Noorudden, managing member of AMSA Holdings, LLC to represent me in the matter of Comprehensive plan Amendment application for the property 104 N.W. 11th Street Okeechobee, F1 Donald W. llgen Mary A. Ilgen Notary Public Date ,4y+ /p ) Date ---7- WA-S Date MY COMMISSION EXPIRES FEB. 4, 2008 `„".1111 / /, \.\`(t4 M. 7;9,/,, 0� STATE ▪ ; OF '..3)::- TENNESSEE � • NOTARY ; IN Date /Time JUN- 18- 2007(MON) 16:19 THIS INSTRUMENT PRI'PAREDBYAND RETURN TO: Elite Title, L c 20 South Parrott Avenue obobea, Florida 3491d 4Dptabota Parcel IdraNMatgon (Folk) Nutnbaa: ‘.1 11/♦ / I V U.1 I V l UU I l Space Ahoea .tai. t.iaa Foc liccoad ®iData !;`f 16 I. 1J V 1/ U I_I 1 FILE NUrI 7006005542 OR t3K 00557 PG 0603 00KEE 1 E SEE�__pMt,CIERK Of CIRCUIT COURT RECORDED oo 5 12:205 Pn RECORDING FEES 10.00 DEED DOC 1.057.00 RECORDED 6Y 6 Raub omen T B:)AhRA NT1 DE /GI, mine 'No 17sa day ofalarrh, 2005 by Larry ISRaebara oto :ad lads L. R eb■sdsoe, as post once R&D= 1s 1004 1W I201S1. , Obeeebobsq FL 3172 haeia aJkd du maim. es Daodd W A Iv and w10g wow port office address la Cad. Lhs £3*c. Otaealattaq FL 3474, In sere *Mgt *tgatar'rma "granite' &d u& all the parlha to Air >f.savne„ r sea the hrirs deg1,s agavatWatryat hck eagesrmosrro vandactt5orgtoopamti w nra Mg K >y $ 9 That Jobe crouton, Ibr and iss consideration of the Enos teTEN AND 0&10015 (510.00) Dollms sna giber vesuable coal yops. mar wbawf L Dcteby sr)aowledged hereby Ctrs sells, RUMS. MISGI. . conveys meta the grantee ail that certain land sitarist is OI 2BOtO2 Comm, sum of Flora a LAIN 17, 1s, ALCM 11, OKRii:C8o8TR, ACCORDING TO MR FLAT 11162utOF RECORD J r PI.II t 5, PAM/ 5,?LIDLICR!¢OORA9 OF OidttCITEMRZ COtINTF. FLORIDA. Esbfeet to astatarans.aoriaad sa■.rvadon. arreootd cad tea ear the year 2D114 and lgaeslfi>v: TOcurnane, with Jolt Cho and spptn cnasotr thereto bsloogk` or in **Avian appaamu0g. ?GRAVE AND T'O BOLD rte seta b b� � ibscver. AND, the sranocca Litany covenant with seld.gdaset that the genet=s aro 1awt4Oy Joked of Did land 1st fie dmplr•, that . the primtors haw good right sad iawlltl aeborit y to sell and mow* said line, in barely warrant over lids to said Iona end wtIt dclkaa titer same spina tbs tswfut ctsbssc of ED pains mhotnsacvcr, wad thnrr 5412 Lod is Hoc of an eaauo uccI, *sccpt tsxas acOU1136 s++bs°4ucnt to Drambcs 3 L 2004_ IN WITNESS WUEREOF, the mid gannet have s..gnrd gad 'ago d thtac presma the day and rat oral strove *lituo. Slip ad, scald and detivr d in the Rasancc al.' FRANPiT WAITCLED-KIKTON Who= Pi Mina I.�t7 >t �FSimo a a2 Primed Name 9TA.TE OF it1ORQDA COVN11f OF OXIINCROBTOI • Tba (Ott:oing B strOactst wag aclmowledgd befarc me this I7th day of March, 2005 by Ir Richardson sad Lirds L I(lnhardjoa wb0 ars pae,mtalb imowo to me or Lava pradacs4 f X4tet3 l/13.5/5 as identification. My Commission Expires ills No; aS,1237 FRANNT WATEORD.it, ON Waite! Notary Name — P.002 DESCRIPTION: ADDRESS: F.I.R.M. ZONE: LOT 13 LOT 14 LOT 15 LOTS 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA 104 NW 11th STREET PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA 15' N 89'57123" W 47.53' LOT 10 47.5' PLAT OH W LOT 16 16 E/P E/P HOO 47.5' PUTT 4' CHAINUNK FENCE LOT 17 ,ZO'OS l 3 .£0,00.00 LOT 9 47.5' PLAT 15' ALLEYWAY N 89'57'2 ET iRC (TWPSf 47.5' PLAT LOT 18 BLOCK 18. TYPICAL WOOD OWER POLE 22.2' LOT' 8 47.5' PLAT W 95.06' T IRC ( TwPS? 47.5 PLAT LOT 19 15' ^'.PORCH SCREE 25.1' cD PORCH 10.4' PORCH 1 inch = 30 ft. GRAPHIC SCALE 30 0 15 30 0 z niesie! FND IRC (HOOVER) SET IRxC (TWPS6 S89'58'12 "E 47.53' E/P 50.5' RESIDENCE a o z 822.3' 50.5' 47.5' PLAT SET„IRC (TWPS) E/P N89'58'12" 95.06' a 8 FND IRC (HOOVER LOT 20 O - S▪ FENCE 0.1'W m — 01 O O C DRIVEWAY CONC. ENCROACHES 5.1' 47.5' PLAT SET Nde (jya CONC. ENCROACHES 4.3' 1NC. ENCROACHES 1.1' CULVERT NE 11th STREET 70' R/W d/3 d/3 d/3 E/P O. / %a,ci d/3 d/3 E/P E/P I HEREBY CERTIFY, based on my knowledge and information, that the plat, hereon represents an accurate field survey performed under my responsible charge and further certify that it was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. There are no apparent encroachments or uses except as shown. NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper. PREPARED FOR THE EXCLUSIVE USE OF: LARRY E. RICHARDSON & LINDA L RIcHARDSON HARBOR FEDERAL SANNGS SANK O KEE —TAN11 111LE INSURANCE COMPANY, INC. FI COMPANY INSURANCE TITLE INSURANCE COMPANY UNITED GENERA: TITLE INSURANCE COMPANY DESCRIPTION DATE BY CK BOUNDARY SURVEY 05/20/99 KB KAB DESCRIPTION REFERENCE: Provided by Client's Representive BEARING REFERENCE: South line of Block 18 assumed N89'58'12 "E FB /PG: 29/11 -12 FILE: 13347 SCALE: 1" = 30' JOB NO: 13347 TRADEWINDS Certificate of Authorisation. No. LB 9719 127 NIAT 36th Street Okeechobee:, FL 34972 Tel: (941) 763 -2887 4' AI, e k, 1,( / Kenneth A. Breaux, Jr (PSM 4820 LEGEND 0 —Set Iron Rod and Cap (TWPS LB 6719) 0—Found CM • —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS Basellne; BM =Benchmarlq t •Centerline; C=Calculoted; CATV=Cable TV; CM= Concrete Monument; CONC- Concrete; D -Deed; A =Delta. or Central Angle; E.-East; E'LY =Easterly; E/PaEdge of Pavement; ESMT- Easement; F.I.R.M. -Flood Insurance Rate Map; FND=Found; IP =Iron Pipe; IR &(C) —iron Rod (and ID Cap); L =(Arc) Length; M.-Measured; MHsManhole; N--North; N'LY =Northerly; NGV(D) =Notional Geodetic Vertical (Datum) of 1929; NTS=Not to Seale; OHW— Overhead Wires Property Une; P -Plot; PC=Point of Curvature; H PCC -Point of Compound Curvature; PCP= Permanent Control Point; POB »Point of Beginning; POC=Polnt of Commencement; PRC'Point of Reverse Curvature PRM =Permanent Reference Monument; PT =Point of Tangency PU&D..Pubilc Utllitiy and Drainage; R =Radius; R/W— Right —of —Way S= South; SLY =Southerly, T= Tongen • TEL = Telephone Splice or Switch Box: W =West; WLY Weeteriy. UTIL =Utflty(Ies); ,' =Spot Elevation based on indicated Datum. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services, Inc. Staff Report —Small Scale Comprehensive Plan Amendment Prepared for The City of Okeechobee Applicant.- Muhammad Nooruddin Petition No. 07- 011 -SSA Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Muhammad Nooruddin Petition No.: 07- 011 -SSA General Information Applicant: Applicant Address: Applicant Phone Number: Applicant Fax Number: Owner: Owner Address Owner Phone Number: Future Land Use Map Classification Zoning District Use of Property Acreage Location: 104 NE 11"' Street Legal Description: Muhammad Nooruddin P.O. Box 448 Okeechobee, Florida 34973 863-763-7773 863 - 763 -6619 Donald W. & Mary A. Ilgen 867 Cliff Top Road Blaine, Tennessee 34973 Not provided Existing Commercial Proposed Multi- Family Residential RMF RMF Single Family Residence Assisted Living Facility 0.488 acres Lots 17, 18 & 19, Block 18, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Commercial to Multi - Family Residential. Based on the size of the property, (0.488 acres), this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Multi - Family Residential RMF Single - family dwelling Multi - Family Residential RMF Vacant Commercial RMF Multi- family dwelling 1 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Muhammad Nooruddin Petition No.: 07- 011 -SSA West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Florida Community Health Center Summary: There is presently a single - family home on the property. The applicant is proposing to purchase this property from its current owner and develop a two -story, 30 -40 bed, assisted living facility. While the subject property is zoned RMF, this is in conflict with the Commercial designation on the Future Land Use Map. The requested change to a Multi- Family land use designation will eliminate the inconsistency between the zoning and Future Land Use designations. The proposed use and RMF zoning are consistent with the surrounding pattern of zoning and existing land use. The property is located in a partially developed residential area east lying east of the alley behind the commercial uses fronting along U.S. 441. Except for the commercial zoning along U.S. 441, the most the immediately surrounding area is zoned for multi - family residential uses and existing development consists largely of scattered multi - family structures. An assisted living facility is allowed by special exception in the RMF zoning district. In the event the owner were to develop a multi - family residential use rather than an assisted living facility, the allowable density of 10 units per acre will permit up to four multi - family residential units. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with the Multi- Family Residential Future Land Use category as described in the Comprehensive Plan. B. Concurrency of Adequate Public Facilities Adequate public facilities would be available to the property. However, potential traffic impacts have not been demonstrated. There will certainly be somewhat more traffic generated by an assisted living facility or by four multi - family uses than is presently associated with the exiting single - family home. However, it is not likely that the assisted living facility, or four multi - family residential units, would generate more traffic than would be expected of commercial uses expected under the current Commercial Future Land Use classification. C. Compatibility with Adjacent and Nearby Land Uses The Multi- Family Residential Future Land Use category and the proposed assisted living facility would be compatible with the adjacent uses. This surrounding neighborhood is comprised of a mix of uses including office buildings, multi - family dwellings, and single family dwellings. This facility would be well suited to this neighborhood. 2 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Muhammad Nooruddin Petition No.: 07- 011 -SSA D. Compliance with Specific Standards of the Plan. This request is in compliance with the Comprehensive Plan and will eliminate a conflict between the Future Land Use Map and current zoning. Analysis and Conclusions Based on the foregoing analysis, staff recommends approval of the applicant's request to amend the Future Land Use Map from Commercial to Multi- Family Residential. Include PDF aerial of property Include Zoning map Include Future Land Use Map Submitted by: James G. LaRue, AICP July 9, 2007 3 Staff Report Applicant: Muhammad Nooruddin Small -Scale Comprehensive Plan Amendment Petition No.: 07 -011 -SSA Future Land Use: Commercial to Multi- family Subject Property — From Commercial to Multi - Family Staff Report Small -Scale Comprehensive Plan Amendment Petition No.: 07 -011 -SSA Applicant: Muhammad Nooruddin Zoning Map Subject Propert 6 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Muhammad Nooruddin Petition No.: 07 -011 -SSA City of Okeechobee General Services Department 55 S.E. 3 ' Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax:. (863) 763 -1686 Date: 6 111107 Petition No. 0 7— 0 } o A P P L I C A N T Fee Paid: ,, C Jurisdiction:- ft Icy',,,, Name of applicant(s) if other than owner (state relationship): not applicable 1st Hearing: ` q10 2nd Hearing: g/' .4 g .13 !67 Publication Dates: Contact person daytime phone(s): 863- 467 -4768 Fax :863- 467 -4618 Notices Mailed: Parcel identification Number: 3- 22- 37 -35- 0030 -000L0 -0010 Uniform Land Use Application Rezone • Special Exception • Variance V Name of property owner(s): Ronald Celli R <) P E R T Y A P P L I C A N T Owner mailing address: 1842 2nd Avenue N. Lake Worth , FL 33461 Name of applicant(s) if other than owner (state relationship): not applicable Applicant mailing address: is a sale subject to this application being granted? No Name of contact person (state relationship): Vikki Aaron — agent Describe adjoining land uses / improvements to the North: Residential Contact person daytime phone(s): 863- 467 -4768 Fax :863- 467 -4618 V Property address / directions to property: 314 SE 7th Street R <) P E R T Y indicate current use of property: vacant residential Describe improvements on property, including number /type of dwellings and whether occupied (if none, so stare): none Approximate number of acres 0.311 ac. Is properr■ in a platted subdi\,ision`, Yes I- I� !hr r, a r■rr,•,,,, vp is cnI .I-L. H li„ n(rt, It -ti[ iti v,,i,, ,i v f,)Hi, i ._ $ :: :u!,. ,dinai�:c''' 11 so. descnhe dc,. I lave there been any land use applications concerning all or pan of this property in the last year? If so, indicate date; nature and applicant's name: No is a sale subject to this application being granted? No Is the subject parcel your total holdings at that location? If not, describe the rernaining,or intended uses: Yes Describe adjoining land uses / improvements to the North: Residential South: Residential East: Residential West: Residential Existing zoning: RMH Future Land Use classification: SF Actions Requested: ( X ) Rezone ( ) Special Exception ( ) Variance Parcel identification Number: 3- 22- 37 -35- 0030 -000L0 -0010 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 S500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Printed Name ai<</07 Date Unifonn Land Use Application (rev 1/03) Page 1 of 2 . Current zoning classification: RMH T— Requestedzening classification : RSF1 R E Z 0 N E What is your desired permitted use under the proposed classification: Construct a concrete block single family residence If granted, will the new zone be contiguous with a like zone? No , but RSF1 is located across the street and further to the west. Is a Special Exception necessary for your intended use? No Variance? No T 0 I' I'1!,,,fit "' i,,,,,i` ,ir.•.;.H, fl„Iil[c In_ludoi,' I1'. f!TIE,,.1 ' CMt;`it , f1(ME', r1U1`.f Pen e I'll [iiii k.1tA'i() Describe the Special Exception sought: V A R 1 A N C E S P E C l P Provide specific LDR ordinance citation: What is the minimum variance necessary? Are there other similar uses in the area? Ic so, describe: Why would °ranting your request be in the best interest of the area and residents? Uniform Land Use Application (rev 1 /031 Pane 2 of 2 Describe Variance sought: V A R 1 A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: _ -- What is the minimum variance necessary? Uniform Land Use Application (rev 1 /031 Pane 2 of 2 Ronald Celli Property Owner and Applicant Statement of Interest in Property I, Ronald Celli am the record title owner of the property located at 314 SE 7th Street and legally described as Lot 1 and the East 10 feet of Lot 2, Block L, Central Park Subdivision, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County Florida. Also: West 1/2 of Hiwassee Street, now S.E. 4th Ave, lying East of and adjacent to Lot 1, Block L, Central Park Subdivision according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. The intent of the attached application is to secure a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family (RSF) to allow for the construction of a site built home. Ream to: Undoes miladdreamd slamped amalop.) Namur - FtT w p L e) -CC= Gz,/ 1 `f m6l fJ = This Itta p.r.N con• 1 Addrtm Property AR:dolma Parcel Idanaatatlon 3 Z — 0.321 n Polio Notabad r L GMlea(.l B.B. a (t) OooL,o — oolo SPACE ABOVE THIS UNE FOR PROCESSING DATA OUIT CLAIM DEED 7591 `411iis (11?uit 1Iiuirii :13eetl, Executed the 28TH RONALD CELLI TRUST first party. to RONALD CELLI, AS TRUSTEE OF THE RONALD CELLI TRUST whose post office address is 1842 2ND AVE, NORTH LAKE WORTH FL, 33461 second party. IWS.,e.er used Wreathe term, gust pares end-wood pans include all this pave, to this manureset end the end assigns 0 indmdualt and the eucceebie and 111319111 et emporsnon.. wMte.er the contest SO ad raamnw) RAMCO FORME I,R 372 PALE 392 BQGK FILED FOR RECORD OKEECDOB•EE CO. Ft. 95 NM 29 AH 8 112 SHAROH ROBERISOIIJ_ CLERK OF CIRCUIT COUR t SPACE ABOV E TH IS UNE FOR RECORDM0 DATA day of NOVEMBER 1995 by pritnessetll, That the fi in hand paid by the said secs and quit claim unto the second party has in and to the following d OKEECHOBEE r and in consideration of the sum of $ e receipt whereof is hereby acknowledged. does hereby remise. release. all the right, title, interest, claim and demand which the said first piece or parcel of land, situate, lying and being in the County of State of FLORIDA ,to -wit. LOT 1 AND THE EAST TEN ' SUBDIVISION, ACCORDINCi)O BOOK 2, PAGE 39, PUBLIC ALSO: WEST 1/2 OF HIWA .E EAST OF AND ADJACENT TO LOT 1, ACCORDING TO THE PLAT THE OF PUBLIC RECORDS OF OKEECHO LOT T 2, BLOCK L, CENTRAL PARK THERE OF RECORDED IN PLAT OKEECHOBEE COUNTY FLORIDA. NOW S.E. 4TH AVE, LYING K L, CENTRAL PARK SUBDIVISION ED IN PLAT BOOK 2, PAGE 39, FLORIDA. to iafie nni to 'inlh The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate. right. title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use. benefit and behoof of the said second party forever. gin Pillars s Whereof, the said first party has signed and sealed These presents the day and year first above written. d, .sealed and delivered in the presence of: Signature arte k, O �o bee Printed Name 6 21 Wnnn, 5[avuurc tar b run Qamorl Hided Nsmc�� 11 El J --4 rI.Qt►a M Wiesen Slanuuts us to CoO . it any) VItnlyd Name WO,..., Sian rests t.. to Co G1.emr. if snrl Printed Nam. STATE OF (- I-o lZi 0 d ) CO)NTY OF -Pa- k -•+r-rr .0.141 -tom C Lt_ 1 °ranter SIgnrtu,e RONALD CELLI Primed Irmor Pan mice Address Co- O0.mor Masson. IV any) Printed Name Post wrier Address I hereby Certify that on this day, before me. an officer duly authorized to administer oaths and take acknowledgments, personally appeared known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that r)c:) ec� executed the same, and an oath was not taken. (Check o bid person(s) istarc personally known to me. O Said person(s) provided the following typo of identification: NOTARY RUBBER STAMP SEAL Notary Public Stato of Florida E County 01 Pokn Hooch E Pntdda Matte Xing LI comtnitbt Witt hanuya. DDT tvo. com a:wonNo.CC2514e3 Wi th m hand and official scat in the County and State last aforesaid day o .4. 0 - A.D. 19 5 Not Prleted Na a T. Ronald Celli Property Owner and Applicant Statement of Special Reasons and Basis for Request Ronald Celli currently owns the subject property previously described in the attached petition. The property is approximately 0.311 acres in area and was previously developed with a manufactured home. In March of 2007 the manufactured home was destroyed by fire. The property is currently zoned Residential Mobile Home (RMTT) and lies within the Single Family (SF) future land use classification of the Comprehensive Plan as adopted by the City of Okeechobee. The applicant wishes to construct a single family residence on the property. The proposed use is compatible with surrounding land uses in the general area and would not adversely affect property values or living conditions in the area. In accordance with city regulations, a change in zoning will be required to allow the construction of a single family residence. The applicant respectfully requests that the Planning Board recommend that the City Council grant the request for a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family (RSF1). Ronald Celli Property Owner and Applicant Intended Use, Nature of Activities and Development of Property Ronald Celli currently owns the subject property previously described in the attached petition. The property is approximately 0.311 acres in area and was previously developed with a manufactured home. In March of 2007 the manufactured home was destroyed by fire. The applicant wishes to construct a single family residence on the property. The proposed use is compatible with surrounding land uses in the general area and would not adversely affect property values or living conditions in the area. The subject parcel has adequate area for ingress and egress with an access point fronting on S.E. 7th Street. The need for screening and buffering is not anticipated given the subject property is in an area designated specifically for future residential development. The proposed use will not increase the density pattern nor will it create traffic congestion, flooding. drainage problems or otherwise adversely affect public safety. Ronald Celli Property Owner and Applicant Existing Use of Surrounding Property Ronald Celli currently owns the subject property previously described in the attached petition. The property is approximately 0.311 acres in area and was previously developed with a manufactured home. In March of 2007 the manufactured home was destroyed by fire. The property is currently zoned Residential Mobile Home (RMH) and lies within the Single Family (SF) future land use classification of the Comprehensive Plan as adopted by the City of Okeechobee. To the North of the subject property are both site built homes and manufactured homes in Residential Single Family (RSF1) and Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. To the East of the subject property are manufactured homes in Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. To the West of the subject property are manufactured homes in Residential Mobile Horne (RMH) zoning districts within a Single Family future land use classification. Further to the West are site built homes in Residential Single Family (RSF 1) zoning districts. To the South of the subject property are manufactured homes in Residential Mobile Home (RMH) zoning districts within a Single Family future land use classification. 4 3 0 I 180 • o 94 9 10 234 . TH STREET 0 It 12 9180 EET 38 11 t 5 4 3 0 t 187 1 0 9 10 Al 12 a 5 4 3 1 194 7 8 9 W II 12 1111 7 2 o 0 11 5 4 321 195 7 8 9 50 3 2 I 5 4 24% a ET SA 4Th STARR B.W. 5884 STREET TH $TREIT Th:21T I 1 C.1 3 1 51 •t;7 4 min 0341 7 1 8.8, 33D STREET 6 5 a 0 a 94 &E. 4 TH STREIT 0 4 2 0 I 0 5 .1 j J. — _ ■ ....., 7 3 4 I 11 I: 1-317 S.E. SIN STREET 2 4 0 I 5 U 5 4 3 3 7 7 b 9 10 11 10 8TH STREET 3 9 4 0 1 0 4 5 2 I 7 8 9 ID II 12 13,8, 7591 STREET 10 11 10 12 ; 5 10 33 LUC 34 B .8340 10 VT N 9. as 24140 44 LAM 834 1,410 432 lfl /WI B 17 7, I 75112 I 541 11 1: 71 II 11,1 r 5 t TH STREET OT 07 , .090 3 2 I A 9 7 IN I 15 1 2 21 00 :3 24 7 5 4105 17 5 2 23 :14 13 0.1 14 12 8.E. 8 ai CT iso 24 75 27 212 10 11 9 ORD et 17 w 3, 51 1, 13 2910 4101718.5 4 0 2 ij 34 1 011 1040 • Oil Ad dl 9J 143 1 11 .1 B E. 0 TH STREET I 77 7 11,1 S.@ 8184 COURT 04 91 tu 05 00. 64 77 55 27 59 04 40 210 8 35 114 142 31 157 1: 0 20 5 07 1,1 14 114 15 112 (11: 11; 106 5 t U7 1U0 104 1,4 i25 25 9 I: S.S. 54 TH STANT 11 15 44 au 50 14: 11 .10:1+4—T.Th 17 BE78T1-111 • 12 X 1 fT lu ' 12 12 11 WC --I-- — W -'--- --' T .3enc 1. .... 451 40 .51AC 14651 Altoe C8 //-1.7./1/7 CF) 45 140 1(40(445) -1 431 964 45110,L0.7 '1- ..15 '1 S.E. 94750 COURT 4,91 11.133e i 3 0 .1 � , `7TH STRE.ET KPRI.nERL' -1 SECO REET ASPHALT PA./EM6N'T 3 a E E t,ER4IGE FOLE S LL 0 0 N \t W sET o(2 * , Corot -N 41_E ,u _ T OP or vuLtCcr- 1P ea 0 J 0 0 0 0') .DO' /r W+t ,..INWES .0 tt - Sll1AL� E 4" 0 •7 EKE "D'2 EuLKNEAG 0 J a 3 U 0 7 7 2 4 a , 1 i PLATtEP IS Al- LE�7- O 0 0 0 EX 1 GT CA>\i A L- Q 3 LL 0 a 4 53 '5 0 W 2 JJ 2 1) FQJ,Ar, 5!&' +Mot,' moo W I T N CA. P 4 LL 0 ■ W 7 13 7 4 m a �Goo lib Sl6; ItzOIJ POP µ,117N (AP 4210 t �C JFT{01 -l� VoT I 1 THE EAST lo.oc> FEET OP t-oT 2 iF,LoGK L , AIJt7 AL-So THE \L T- ■11_ of H1kuAS�EE '&T E.T hJOVV ABAFJrpom , LoT I 13LOGIC L /' L-1 AGC(:), hIG -r-c) TI aE PLaT �[_ n' GEI t i2,&L t�At2�" I 12EC. .37EP lU PLAT 4:5b•K 2 AT PACE 9,0) d THE K'ULL_I(L 12-EGt>t2D6 FLARit7A Surveyors Notes Reproductions of this sketch are not valid unless embossed with the surveyors seal and have the origin& elgnoturs of the surveyor. 2. Lands shown hereon were not abstracted by this office fa Rights -of -ways. Eosemeots of Record. OsnefehIS. Abandonments, Deed Restrictions, Zoning or Zoning Set -books, Land Use Plan Designation or adJ&neng deeds 3. There may be additional restrictions Ihot ore not *wren on this sketch that may be found M the public records of this county. Legal desalption shown hereon was provided by the client and /or 1,1e agent. 5. Deecrfbed property Is located M- Peed-4one- eJOf.iE, 6. Property Address: 72t 4 --)11-1 S'T ET orE_Ecl- kotEE, -Ft-Oval bA Data -7_) _ cii 3 Scots: L ' = 30' Drown by J(ZA County. OKEE Job No .7)%?O'12- Fa/Fir 9j /4-i - Surveyors Certificate I hereby certify that the attached Mop of Survey of the hereon dsecrbed property Is True and Correct to the beet of my knowledge and belief as surveyed in the Geed under my direction on June �"ri , 1993. I further certify thol this purvey meets the Minimum lechnIaol Standards wet forth M Rule 21 -H14-6 adopted by the Florida Board of Land Surveyors, pursuant to Florida Statute 472.027. There ore no above ground eroroochments other Mon those shown hereon. subject to the qualifications noted Arson. Doted this ( yT doy offYLn /s_)UL> , 1995 C Jornee R. ( Almond Professional Land Surveys Florida Registration No. 50151 James R. Almond, LS 418 N.W. 3rd Street, Okeechobee, Florida 34972 (813) 467 -5700 fax 467 -7430 • • • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 • Phone: 239 - 334 -3366 Fax: 239 -334 -6384 • LaRue Planning & Management Services, Inc. Staif Report Rezoning Request Contact: Vikki Aaron Owner: Ronald Celli From: RMH To: RSF -1 Petition No. 07 -010 -R Staff Report Rezoning Request Applicant: Ronald Celli Petition No.: 07 -010 -R General Information Applicant: Applicant Address: Applicant Phone Number: Ronald Celli 1842 2nd Avenue N. Lake Worth, Florida 33461 Not provided'' Contact Person Viikki Aaron Contact Phone Number: 863 - 467 -4768 Future Land Use Map Classification Zoning District Use of Property Acreage Access Existing, Proposed Single Family Residential Single Family Residential RMH Vacant Residential 0.311 SE 7th Street RSF -1 Single Family Residence N/A Location: 314 SE 7th Street Legal Description: Lot 1 and the East 10 feet of Lot 2, Block L, CENTRAL PARK SUBDIVISION, according to the plat thereof recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. Also: West '/2 of Hiawassee Street, Now S.E. 4th Avenue, lying East of and adjacent to Lot 1, Block L, CENTRAL PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book 2, Page 39, Public Records of Okeechobee County, Florida. Request: The applicant is requesting to rezone the above - described property from RMH to RSF -1 to construct a single - family residence on property that is in a Mobile Home Zoning District. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Single Family Residential RSF -1 and RMH Single family residence and mobile homes Single Family Residential RMH Mobile homes Single Family Residential 2 Staff Report Rezoning Request Applicant: Ronald Celli Petition No.: 07 -010 -R Zoning District: Existing Land Use: RMH Mobile homes West: Future Land Use Map Classification: Single Family Residential Zoning District: RMH Existing Land Use: Mobile homes Summary: The subject was previously developed with a manufactured home which was consistent with the current zoning of RMH. The home was destroyed by a fire and the applicant would like to construct a single - family site built home on the property. Since the RMH zoning does not permit conventional single - family uses, the applicant is requesting to rezone the property to RSF -1. Conventional single - family uses and manufactured housing are not inherently incompatible. In fact they frequently coexist in close proximity to one another. For example, there is a single - family home immediately to the north across S.E. 7th Street, and another slightly east at the corner of S.E. 7th Street and S.E. 2nd Avenue. Both of these single - family properties are outside of the mobile home park and are zoned RSF -1. However, rezoning the subject property in the midst of a mobile home park, to RSF -1, a district that does not permit mobile homes, is not an appropriate solution. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No. The proposed single - family use is not contrary to the Comprehensive Plan require- ments. Policy 2.1 (a) establishes the Single Family Residential category on the Future Land Use Map where this property is located. This land use category allows single family residences as well as mobile homes in mobile home parks. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. Section 90- 102(1) of the Land Development Code allows single family dwellings as a permitted uses under the RSF -1 Zoning District. 3. The proposed use will not have an adverse effect on the public interest. It is not in the public interest to create an isolated RSF -1 district within an established mobile home park, thus precluding another mobile home from being placed on the lot in the future. 4. The use and zoning is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. A single - family use is appropriate in the sense that is simply another form of low density housing and certainly is not inherently incompatible among mobile homes. However, 3 Staff Report Applicant: Ronald Celli Rezoning Request Petition No.: 07 -010 -R rezoning the subject property to an "island" of RSF -1 within an established mobile home park would jeopardize the established land use pattern and the consistency of the zoning pattern. This does not represent good planning policy. 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. The proposed use itself would not adversely affect property values or living conditions in the area. While the mobile home park is almost fully developed, there remain a few undeveloped Tots. Allowing single - family homes within the mobile home park may encourage the development of these properties and further beautification of existing properties. 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 If required, this use could be buffered from surrounding uses, but it is unlikely that other owners would consider a site built home to be a nuisance. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No. Neither rezoning the property to RSF -1 nor allowing a single - family use would create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No. The use will not create traffic congestion, flooding or drainage problems 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No. The only restrictions placed on this property are those which are set forth in the City's Land Development Code and Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Yes. If this petition is granted, it could be construed as a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing RSF -1 at this loca- tion, the City would be creating an isolated zoning district within an already established and stable neighborhood. This would also be setting a precedent for similar requests in the future. 4 Staff Report Rezoning Request Applicant: Ronald Celli Petition No.: 07 -010 -R Summary and Conclusions Prior to Certification In summary, the applicant's request has met some, but not all, of the requirements for the granting of a rezoning. If allowed, this Zoning District would be an isolated district. From a planning standpoint, granting this request could be seen as the City granting this applicant's request where other applicants' were denied. If the City wishes to allow conventional, site built, single - family homes within mobile home parks, it would be preferable to include this use as a special exception in the RMH District. In order to be consistent with the City's maximum density for single - family homes in the Single - Family Residential land use category, staff suggests that the minimum lot size for such uses be 10,000 square feet, as it is in the RSF -1 district. This approach would permit the City to review and consider such requests on a case -by -case basis. Recommendation Staff does not recommend approval of the request to allow rezoning from RMH to RSF -1 permitting the applicant to construct a single - family dwelling on the subject property. Submitted by. James G. LaRue, AICP Planning Consultant July 9, 2007 Attachments — Zoning map and aerial 5 Staff Report Rezoning Request Applicant: Ronald Celli Petition No.: 07-010-R • NuliNNON*0214V-t-t;WOle,v,Z264figlailfca:',.z.:: • 6 07 -010 -R Ronald Celli Rezoning Request Proposed for Mixed Use (Single - Family) SE7111 TREE. so 7 r City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 7634686 Date: , l le n 7 R 0 P E R T Y Petition No..0 7 .46d 6, . 'Fee Paid: _ 00 0,0-4_, i3 J /V c ld\i Jurisdiction: Bar 1st Hearing: 71 1 110 7 2nd Hearing: f Publication Dates: i-t LI 8 , rtL� e ctuh h-e f , PL - 3 ‘-f ej ` f 3 Notices Mailed: avW%--C___ C.//) /yam Describe adjoining land uses / improvements to the North: %�Z'v� `�j(, ) i (c I Uniform Land Use Application Rezone • Special Exception • Variance t/ Name of property owner(s): r L 2N Aid C4l l-io) /YI -/ yr 4• R 0 P E R T Y A P P L I c A N T Owner mailing address: ? & 7 C(j () f7 /9 0,0-4_, i3 J /V c ld\i 3 7 7 G / Name of applicant(s) if other than owner (state relationship): in IA titer vv yj lad oc-'✓LG1 D i Applicant mailing address: Y n _ . (..-..vi i-t LI 8 , rtL� e ctuh h-e f , PL - 3 ‘-f ej ` f 3 Name of contact person (state relationship): avW%--C___ C.//) /yam Describe adjoining land uses / improvements to the North: %�Z'v� `�j(, ) i (c I Contact person daytime phone(s): 7b 3 - 7 7 7 3 - Fax: 76 3 — �r LI 6 / / v Property address / directions to property: 10 U f f it y • _ R 0 P E R T Y indicate current use of property: 'i) vs U. ��w'1:- (Al Describe improvements on property including fit AIll,Q t¢ �-f? number .t ipe of dwellings and whether occupied of none, so state): 3 o -- '-f o -1 64-w h i_ r Approximate number of acres ci . t_I vi Is propert' in a platted subdivision? ;-,/ , i i, i rc .i ctrrrern trr recent utie of rlrr pnuperr. rIr, ,v�e, a \ ivlatrun of count. ordinal); e" H .,, i,- ,ache ii; v Have there been any land use applications concerning. all or part of this property in the last year? if so, indicate date, nature and applicant's name: pi 0 Is a sale subject to this application being granted? kt Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: l( 3 LO 4-5 l/0 (1 1e i--,, z( +0 -1-6-7€ I virEIL . Describe adjoining land uses / improvements to the North: %�Z'v� `�j(, ) i (c I South: vVi,vt 6Va. • East: rri LGth4 U West: Existing zoning: ryi UL(A-r bU ✓VI/t i ` Future Lan Use classification: Actions Requested: ( ) Rezone ( ) Special Exception ( ) Variance Parcel Identification Number: t✓ Confirmation of Information Accuracy 1 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 5500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. Signature Printed Name Date Uniform Land Use Application (rev 1103) Page 1 of 2 Uniform Land Use Application (rep- )'O3) Page 2 of 2 Current zoning classification: Requested zoning classification : R E Z. 0 N E What is your desired permitted use under the proposed classification: Provide specific LDR ordinance citation: q 0 ._ 1 e) 3 (1_1 A) . If granted, will the new zone be contiguous with a like zone? Why would granting your request be in the best interest of the area and residents? e t;a N Li A i- F c r• E� kee cALo b'-e f Gf.,- 0-IZcN1- Is a Special Exception necessary for your intended use? Variance? Uniform Land Use Application (rep- )'O3) Page 2 of 2 Describe the Special Exception sought: } ) S5 JS'i il bt/, (,. ()_ h P E C I A L E X C E P O N to; H-1- 31'--qt) b 2- rjY )971: ' v1d t.- , L i �" Zit -e _ (�(%�� 11' /96-096(A1 t Provide specific LDR ordinance citation: q 0 ._ 1 e) 3 (1_1 A) . Are there other similar uses in the area? Jf, so, describe: O , Why would granting your request be in the best interest of the area and residents? e t;a N Li A i- F c r• E� kee cALo b'-e f Gf.,- 0-IZcN1- 11 h,,,ule" hncf, ,l,,.u,hc n,,nir, ,r,, iudnly ilumi,e; „I Crn1,10,,, haul,.. nfltn ,,,en,-1,1t on au�_t ,,,i,, t��" 1,, he CVlldll, I(d ('ilHde of c. Filly ( n�, 4, �tiY"l pte,,J.,,t,, —� V 16-5 i i ci f t A) El Dc oL /�-t,�l -i U i �i' as Uniform Land Use Application (rep- )'O3) Page 2 of 2 Describe Variance sought: V A R I A N C E Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rep- )'O3) Page 2 of 2 Rx Date /Time JUN- 18- 20070M0N) 16:19 THIS INSTRUMENT PREPARED BY AND RETURN T0: Oita Tina Toe- 120 Swint Parrott Aveaue Florida 34974 ADpabuas Parcel IdeatiArat1oa Motto) Tnwrbdx .`• Space aglow 776.1.iaaFortieead. gData TbR AIWAZVT1r DPD, raada she nth clay etburds.2005 by Lszrr 81111cients s~aa �.Cada L. Web. Sulam. Xis MI praamor n5aa ewdorrigst FILE NUII 20oSOOS842 OR SK QOSg7 PG 06Q3 MOH new t CLD0 OF =au CDDAM 0KEEDi�EE r RECORDED 03/2312005 12:2DOS Pn RECORDING FEES ULOD DEED DOC 1.057.00 RECORDED BT 6 flwbourn es post oaks address IS Itt 4 I'W U%hSt , Oirstehobsq FL 84972 bacui =gal tbs gttntat. m lima d W. A 14r.+, hatband clad wiAt, wows port sfGct eddreu a glad. Lin lame, Olbeecbvbay FL 34974, rho Ocaafcem Mr MOW' rawer ape Tramiel' include e4 the pontes to ghee baas.nifM ewd the 6ei2 legst aelsesse.ra tbu m4 t4 s weattees and aylynt QtcwyaroLwcl That the grooms, Da and in cm:sideman clam stun of TEN AND C0fl OSS (StO.DO) Dofars and other valuable cot tloot. teoetpr whatnot b botchy acbwwrledged. baetiy wit, bargaiae, uslt slum. remises. s dedaes, convoys tarn glee grantee all Mar carbon trod stuns in 01021304011343 Cu, md Ram of Florida, vim: LOTS 17, 0, %Welt 11, OKREC83DICE. ACCOED IG TO 1'H8 PLAT =UMW LAT T BECORD 1IN AO L.PAk:CE5.2111111C =CORDS OF OR:EXCHONEISCOMM PL ORIDat- Carded to sasarst ore; cad trtarvadoa. arncotd sad taxer far Oa year 2004 std thaeatb.. TOCCIEtkie, with all Ws ante aodapgrmtroaooee Macro befogging or in Weise appertaining TO HAVE AND TO SOLDt gas tuna {s�� fw tbscvcr. 1A2fD, the grant= levelly comma with sgestmIsies that the grantors aro Lw0ifly wood of laid tend to fat simple, that the gnaws haw gaud right and lswafla autxosiiy m sell and money said load, and hereby want: Wo tele to said lwa¢ and will damn: tan mama ggsian the lawful datum of all perms wbou, O y r, and than odd Bud is frac of ell eao mbr ccr, essept rtzes'caning subsoqum to Dccz!y Ca 3l_ 2{!04 Ili Warms W$$RF,OF, the tad g86tori Nava word and seat, d tbssc pressor tLc day snit year Mat tho'. ..rituo. Signed. scaled RDA delivered lw rltc pressor et FRANNr wATTORD CRTO tt ZikeLY-a n>vame NT-AMC OF IlLORIDA VOMIT OP OK eBOezK g The fbtagotng Ulrtrttaeent was ackmawiedgpd befara ma this 17th day at' Meech, 2005 by Lally $ Richardson and Linda L R)ahariso* who tars parsanally Iao-u to me or have proctor-ad/5r TJt I //5p1S '5 as ideati& gt uz . FlibtadT ATFORD4aR1DN Neu1p P 0glc. laded Fledda tg careen. op, Juts 24 MOO Wm. sb. DD 37R1M8e My Comtoiasion Expire= MN.; 034210 Flu NNaT VATFORD- 1CUITO ' RNDecd Notary .lass P.002 T -U tr° \ 7 °ti- pwvfyie9-e_ ? 14-6 % 5 fi,e-A � a )- U . � i' l� fir{ � ti�� WA Ai 1 ;(4- 4a_ W. `17,11 ib ti-i f Vil 1r7)1"--- Jun is ur ui:iup rower mcluipment. uompanu oos D ra /ODD TO: City of Okeechobee RE: Rezoning/ Special Exception/ Variance Date 6 -14 -07 EROM.; Donald W. & Mary A_ liken 1 here by give my consent for Muhammed Noorudden, managing member of AMSA Holdings, .1_1,C to represent me in the matter of Rezoning/ Special Exception/ Valiance for the property 104 N.W. 11''' Street Okeechobee, FL Donald W. Ilgen Mary A. llgcn Notary Public Date Date q/ 7 w/0-7 • i��6lT%LlL� Date ro 7/.5470 7 COMNIESSIOil EX; -of ES FEE. 4, `LOCI ```oliif!!!!i, `••• 0 . M. Try ' �„I ••STATE'•,." T NNEOF E SS .3(1) NOTARY ...-5- �� '•PUBLIC. ° °. %���sOk CoUN `````- lttititt p. U S HIGHWAY 441 STATE ROAD 15 NE 13TH STREET NE12TH STREET 3-15-37-360010-00180-0080 GODDBREAD. GEORGE A 12575HWY70E OKEECHOBEEFL34O72 3-1637-35-0010-00180-0010 GAGBEE INC 12575HWY 70 EAST OKEECHOBEEFL34872 0 O NE11TH STREET J 316- 37 -35- 001600310 -0110 MORNING NALTER R B OONNAL 101045 OUN9NAVE'OR S JOROMNTB■08500110 31637- 360010 -00310 -0130. GARAFOLA DEAN 1233 SW 4TH TERRACE..: POMPAIV BFACFIFjPAO NE 10 TH STREET NE 3RD AVENUE THIS MAP, HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON Legend Subject Property f Property within 200' DESCRIPTION: LOTS 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED iN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11th STREET F.I.R.M. ZONE: LIMITS FLOOD ZON S HAVE NOT BEEN ETERM N DETERMINED INC THIS EAREA LOT 13 LOT 14 LOT 15 LOT 16 LOT 10 47.6' PLAT OHW 15' N 89517'23' W 47.53' D IRC H005 47.5' PLAT rn� 0 W d M e 4' CHAINLINK FENCE LOT 17 LOT 9 47,5' PLAT 15' ALLEYWAY N 89'57'2 W 95.06' SET IRC (T4S) 47.6 PLAT LOT 8 47.5' PLAT ET IRC (TWPS)` 47.5' PLAT 1 inch = 30 ft. GRAPHIC SCALE 30 0 15 30 0 z ,. LOT 18 I LOT 19 BLOCK 18 TYPICAL WOOD OWER POLE 8 0 w ti m 0 Iv RESIDENCE 54.5' FND iRC (HOOVER vt O. U ° 22.3' FND iRC (HOOVER) 47,5• PLAT !_ auTSET II C (TWPS� SET„IRC (T'M'S)Q S88 '58112'E 47.53' N89'58'12sW 95.06' E/P E/P E/P E/P 0 8 U d 0 Q ti FENCE o.1'w LOT 20 m O CONC DRIVEWAY CONC. ENCROACHES 5.1' 47.5' PLAT ' SET N&T (WPM_ CONC. ENCROACHES 4.3' CONC, ENCROACHES 1.1' CW.YFRT NE 11th STREET 70' R/w d/3 E/P d/3 d/3 ©.�6/ CAL. �rJ d/3 d/3 E/P E/P HEREBY CERTIFY, based on my knowledge and information, that the plat hereon represents an accurate field survey performed under my responsible charge and further certify that it was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. There are no apparent encroachments or uses except as shown, NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted and is not covered by professional liability Insurance. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper. PREPARED FOR TDIE EXCLUSIVE USE OF: CK LARRY E. RICHARDSON as LINDA L RICHARDSON HARBOR FEDERAL SAVINGS BANK OIOE —TART{ MILE INSURANCE COMPANY, INC. TIGOR 11TLE INE COMPANY F1RBT AMERICAN EC h INSURANCE COMPANY mNIIED GQNERAI: TIRE INSURANCE COMPANY DESCRIPTION BOUNDARY SURVEY DATE 05/20/99 BY KB KAE DESCRIPTION REFERENCE: Provided by Client's Representive FB /PG: 29/11 -12 SCALE: 1" = 30' BEARING REFERENCE: South line of Block 18 assumed N89'58'12 "E FILE: 13347 JOB NO: 13347 p TRAD EWIND S �y g3?'NC9/i 61.4 irva1 eJ eitiv-144.6,, J'I'LCr. Certificate of Authorisation No. LB 9719 127 NW 36th Street Okeechobee, FL 34972 Tel: (941) 763 -2887 Kenneth A. •Breaux, Jr l (PSI 4820 J LEGEND 0 —Set Iron Rod and Cap (TWPS LB 6719) 0—Found CM 0—Found Iron Rod (and Cap) O —Found Pipe (and Cap ABBREVIATIONS Et=Baseline; BM- Benchmark; fCenterllne; C=Calculated; CATV=Cable TV; C Concrete Monument; CONC..Concrete; D =Deed; &abaltd. or Central Angle; E =Ec LY..Easterly, E/P..Edge of Pavement; ESMT =Easement; F.LR M, =Flood Insure Roth Map; FNDaFounct IP=Iron Pipe; IRdc(C) iron Rod (and ID Cop); L4(Arc) Lan M '—Measured; MH— Manhole; N =North; N'LY ■Northerly. NOV(D) =National Geod Vertical (Datum) of 1929; NTS -Not to Seale; OHW- Overhead Wire% &Prop Line; P ®Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PI Permanent Control Point; POB =Point of Beginnin¢ POC=Point of Commences PRCrPolnt of Reverse Curvature: PRIt =Permanent Reference Monument PT =F of Tangency, PU&D— Public Utilitly and Drainage; R =Radius; R/W=Right —of- S= South; StY =Southerly, T =Tangen ' TEL =Telephone Splice or Switch Bob W=I t W'LY' Westerly, unwutntty(lae); ,{" =Spot Elevation based on Indicated Da I" DESCRIPTION: LOTS 17, 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11th STREET F.I.R.M. ZONE: LOT 13 LOT 14 LOT 15 PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA 15' LOT 10 47.5' PLAT OHW p'FND IRC ( HOOVEr 47.5' PLAT k mt Q � d S s rr U C c 4' CHAINLINK FENCE too LOT 17 LOT 9 47.5' PLAT 15' ALLEYWAY N 89'57'23" W 142.59' ND IRC (TWPSf 47.5' PLAT LOT 8 47.5' PLAT FND IRC (TWPS) 47.5 PLAT 1 inch = 30 ft. GRAPHIC SCALE 30 0 15 30 LOT 18 I LOT 19 BLOCK 18 TYPICAL WOOD POWER POLE 22.2' 50.2' CONCRETE RESIDENCE 150.5' U 0 U 22.3' FND IRC (TWPS) 47.5' PLAT 47.5' PLAT sr FNLL IRC (TWPS)_ FND IRC (HOOVER) E/P E/P E/P CONC ti FND IRC (HOOVER) LOT 20 ■ FENCE 0.1'W m O O DRIVEWAY 47.5' PLAT FND DRILL HOLE N89'58'12 "W 142.59' E/P CULVERT r ICONC. ENCROACHES 1.1' CONC. ENCROACHES 5.1' CONC. ENCROACHES 4.3' NE 11th STREET 70' R/w d/3 E/P d/3 d/3 d/3 d/3 STANDARD NOTES: 1. No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted here is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. 5. There are no visible above ground encroachments except as shown. 6. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. 7. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper. E/P E/P PREPARED FOR TILE EXCLUSIVE USE OF: FAEED KAHN MUHAMMAD NORUDDIN GULFSTREAM BUSINESS BANK A.M.S.A. HOLDINGS U.C. OKEE —TAN71 717LE INSURANCE COMPANY, INC. 11COR 11TLE INSURANCE COMPANY FIRST AMERICAN 7111E & INSURANCE COMPANY UNITED GENERAL TITLE INSURANCE COMPANY DESCRIPTION DATE BY BOUNDARY SURVEY 07 -18 -07 KB CK KB DESCRIPTION REFERENCE: DREF BEARING REFERENCE: BREF FB /PG: SEE FILE TRADEWINDS .9'D Q a,l Ye/nu-ix P/L, Yrt,G. 0 Certificate of Authorization No. LB 6719 200SW 3rd AVENUE Okeechobee, FL 34974 Tel: (863) 763 -2887 Kfnnet, A. reaux, Jr» (PSM 4820 FILE: 13347 071807 DWG LEGEND 0 —Set Iron Rod and Cap PSM • —Found Iron Rod (and Cap) ® —Found Pip e ( and Cap) ABBREVIATIONS It= Baseline; BM= Benchmark; rL= Centerline; C=Colculoted; CATV =Cable TV; CM= Concrete Monument; CONC= Concrete; D =Deed; . =Delta or Central Angle; E =East; E'LY= Easterly, E/P =Edge of Pavement; ESMT=Eosement; F.I.R.M.—Flood Insurance Rate Map; FND= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH =Manhole; N= North; N'LY= Northerly. NGV(D) = National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; It= Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency, PU &D= Public Utilitiy and Drainage; R= Radius; R /W= Right —of —Way, S= South; S'LY= Southerly; T= Tangent;, TEL = Telephone Splice or Switch Box; W =West; e W'LY= Westerly, UTIL = Utility(ies); =Spot Elevation based on indicated Datum..4 SCALE:BOUNDARY SURVEY JOB NO: 13347 0—Found CM DESCRIPTION: ADDRESS: LOTS 17, 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA 104 NW 11th STREET F.I.R.M. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA LOT 13 LOT 14 LOT 15 15' LOT 10 47.5' PLAT OHW LOT 9 47.5' PLAT 15' ALLEYWAY N 89'57'23" W 142.59' D IRC (HOOVER) 47.5' PLAT LOT 16 1; 16 4' CHAINLINK FENCE two LOT 17 FND IRC (TWPS) LOT 8 47.5' PLAT ND IRC (TWPSjf FND IRC (TWPS) 47.5' PLAT 47.5 PLAT LOT TYPICAL WOOD OWER POLE 22.2' 18 ( LOT 19 BL0 K 18 $1 1 50.2' CONCRETE 1 inch = 30 ft. GRAPHIC SCALE 30 0 15 30 0 z 50.5 RESIDENCE 150.5' 47.5' PLAT FN IRC TWPS 1, CONC UZ °22.3' U FND IRC (HOOVER) cn 0 do LOT 20 *FENCE 0.1'W rn (T- I 0 0 0 DRIVEWAY 47.5' PLAT i. t D: __ CONC. ENCROACHES 5.1' CONC. ENCROACHES 4.3' FND IRC (HOOVER) E/P E/P E/P N89'58'12 "W 142.59' /f E/P CULVERT NE 11th STREET 70' R/w d/3 E/P d/3 d/3 d/3 d/3 STANDARD NOTES: 1. No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. 2. The survey depicted here is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. 5. There are no visible above ground encroachments except as shown. 6. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. 7. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of o Florida licensed surveyor and mapper. E/P E/P PREPARED FOR THE EXCLUSIVE USE OF: FAEED KAHN MUHAMMAD NORUDDIN GULFSTREAM BUSINESS BANK A.M.S.A. HOLDINGS LLC. OKEE —TANTI TITLE INSURANCE COMPANY, INC. TfCOR TITLE INSURANCE COMPANY FIRST AMERICAN 1171E & INSURANCE COMPANY UNITED GENERAL TITLE INSURANCE COMPANY DESCRIPTION DATE BY CK BOUNDARY SURVEY 07 -18 -07 KB KB DESCRIPTION REFERENCE: DREF FB /PG: SEE FILE SCALE: BOUNDARY SURVEY 'k. BEARING REFERENCE: BREF TRADEWINDS EWINDS Yr-cQQ Pla ib�1 &Y1JctI rfQ/I°ULGQ.A, 000 Certificate of Authorization No. LB 6719 200SW 3rd AVENUE Okeechobee, FL 34974 Tel: (863) 763 -2887 /1K nnet A. reaux, Jr. (PSM 4820 FILE: 13347- 071807. DWG JOB NO: 13347 LEGEND O —Set Iron Rod and Cap PSM 0—Found CM • —Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS 5= Baseline; BM= Benchmork; C=Centerline; C= Calculated; CAN =Cable TV; CM= Concrete Monument: CONC = Concrete; D =Deed; L =Delta or Central Angle; E =East; E'LY= Easterly; E/P =Edge of Pavement; ESMT= Easement; F.I.R.M. =Flood Insurance Rate Mop; FND= Found; IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH= Manhole; N= North; N'LY= Northerly; NGV(D)= Notional Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; I'L= Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency; PU &D= Public Utilitiy and Drainage; R= Radius; R /W= Right —of —Way, S= South; S LY= Southerly; T= Tangent; TEL = Telephone Splice or Switch Box; W =West; W'LY =Westerly, UTIL = Utility(ies); .O =Spot Elevation based on indicated Datum. • 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 Email: info @larue- planning.com LaRue Planning & Manaement Services, Inc. Staff Report — Special Exception Request Prepared for.• The City of Okeechobee Applicant: Donald and Mary Ilgen for Muhammad Nooruddin Petition No.: 07- 006-SE Staff Report Special Exception Request Applicant's Name: Petition No. 07- 006-SE General Information: Owner: Contact Person Owner Address: Owner Phone Number: Donald and Mary Ilgen Muhammad Nooruddin (763 -7773) 867 Cliff Top Road Blaine, TN 37709 Not provided Legal Description of Subject Property: Lots 17, 18 & 19, Block 18, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an applica- tion requesting a Special Exception in the RMF Zoning District for property located at 104 NE 11 Street. Background: The subject property, which is subject to this Special Use Exception petition, is approxi- mately 0.488 acre(s) and fronts on N.E. 1l`'' Street. The applicant intends to develop the property with a two - story, 30 -40 bed, assisted living facility. The property is served by public utilities and the adjoining property users are as follows: North: East: South: West: Single - Family Vacant Multi- Family and vacant Commercial (Florida Community Health Center) Consistency with Land Development Regulations: When reaching a conclusion on a Special Exception, the Board of Adjustment shall consider and show in its record the following findings: A. The use is not contrary to the Comprehensive Plan requirements. No. The proposed assisted living facility is a residential use and is not contrary to the Comprehensive Plan requirements. B. The use is specifically authorized as a special exception use in the zoning district. Section 90- 193(12) of the Land Development Regulations includes an assisted living facility as a special exception use in the RMF zoning district. Page -1- Staff Report Applicant's Name: Special Exception Request Petition No. 07-006 -SE C. The use will not have an adverse effect on the public interest. This use will have no adverse effect on the public interest. D. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. The use is appropriate for the proposed location and, as a residential use in a multi - family zoning district is compatible with the surrounding uses. E. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed use will not adversely affect property values and will not be a deterrent to the development of the surrounding area. F. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. Because the site backs up to a single - family residence, it may be necessary during the site plan review process to ensure that the parking area and trash collection facility are adequately screened and buffered.. G. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. The proportion of vehicular ownership in assisted living facilities is very low. Consequently, the assisted living facility will generate only a modest level of traffic by employees and visitors, will neither affect the public school system nor generate undue demand for water, sewer or other utility services. H. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The applicant will be required to properly design the site in order to prevent traffic congestion in terms of ingress /egress, and to accommodate the necessary drainage facilities. Page -2- Staff Report Special Exception Request Applicant's Name: Petition No. 07- 006-SE Recommendation: Move that Petition No. 07- 006 -SE be approved based on the findings contained in this Planning Consultant's report. Submitted by: James G. LaRue, AICP Planning Consultant July 9, 2007 Inter Office MEMORANDUM To: Planning Board From: LaRue Planning and Development Subject: Revision to Land Development Regulations Date: July 10, 2007 Draft for review by the Planning Board/Board of Adjustment and Appeals. Amend Section 70 -338 (new language is underlined and deleted is struck rough). When, after a public hearing, a petition for a comprehensive plan or land development regulations amendment, zoning district boundary change, appeal of an administrative decision, special exception use, or variance has been denied, a petition for the same request cannot be resubmitted for a period of at least 60 -days one year after denial. Inter Office MEMORANDUM To: Planning Board From: Betty Clement, General Services Coordinator Subject: Revision to Land Development Regulations Date: July 11, 2007 Draft for review by the Planning Board/Board of Adjustment and Appeals. Amend Section 70 -152 Powers and duties, (new language is underlined and deleted is std thfeegh). (6) these-regulations:- Number (7) then becomes number (5) Inter Office MEMORANDUM To: Planning Board From: Betty Clement, General Services Coordinator Subject: Revision to Land Development Regulations Date: July 11, 2007 Draft for review by the Planning Board/Board of Adjustment and Appeals. Amend Chapter 86, Article II, Plans and Plats. Current Procedure: Proposed Procedure: Pre - Application TRC Pre - Application TRC Preliminary Application CC Preliminary Application PB Final Application CC Final application CC Inter Office MEMORANDUM To: Planning Board From: Betty Clement, General Services Coordinator Subject: Revision to Land Development Regulations Date: July 11, 2007 Review and recommend Division 5. Signs !!!!!!!!!!!!!!!!!!!ALERT!!!!!!!!!!!!!!!!!!!!!!!!! PLEASE BE: ADVISED, THE SECTION OF 'FIIF CODE BOOK, DIVISION 5. SIGNS WILL BE AVAILABLE AT CITY HALL GENERAL SERVICES DITARTMFAT, FOR PICK t IP AND RFVIEW. ON MONDAY JULY 16. 2007. (please call to confirm when available ALSO I WILL E-MAIL FOR YOUR REVIFW AS SOON AS RECEIVED. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Okeechobee July 16th MEMO Planning/Zoning board re: sign ordinance Sony I am not in attendance, I am at the city attorney convention; This draft of the ordinance is mostly complete; once it is reviewed by the board and by Larue and Assoc. there will be some amendments. However, it must be sent on to the city council for the August agenda; if any board member has any suggestions for the final draft to be approved the third Tuesday in August, please let me know in writing . J. Cook :() 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. ; DIVISION 5 THEREOF, FROM SECTIONS 90 -561 THROUGH 90 -600; PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regulation that preserves the aesthetics within the City and protects the health, welfare and safety of its citizens; and adequately displays commercial message; and WHEREAS the existing sign ordinance does not present a comprehensive regulation of signage within the City, and due to the evolution of sign regulations since the enacting of the original ordinance, by virtue of litigation and enactment of more comprehensive and innovative ordinances by other municipalities, it is necessary to totally redraft such regulations for the City of Okeechobee; and WHEREAS it is appropriate to set forth the purpose and intent of the ordinance within the Land Development Regulations to illustrate the basis and reasoning for enactment of such regulations; THEREFORE (etc.) 1. 'That the city council for the city of Okeechobee, Florida enacts herein Article 1v, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS Sec. 90 -561. Purpose and Intent. It is widely recognized that the City of Okeechobee is a predominantly rural community, with reputation as an area comprised of agricultural uses, along with residential and light commercial activities. The City has traditionally permitted advertisement within the city appropriate to the use or purpose, while attempting to preserve and maintain the natural look and character of the city as a quiet and visitor - friendly community for those wishing to enjoy the atmosphere of a small town. The city council recognizes that there are various persons and entities that have an interes in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinion. The council is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrian and vehicles; where signs do not adversely impact the predominantly residential character of the city, and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the city council that the regulations contained in the article shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible fo the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from right -of -ways and adjacent properties; the surrounding natural rural environment and residential neighborhoods. Sec. 90 -562. Compliance with division provisions. Except as provided or otherwise prohibited in this division, every sign erected on land, attached to a building, wall, fence, pole, tree, or surface, that is constructed, moved, replaced or substantially altered, shall comply with the regulations of this division. Routine maintenance, repainting or permissible changing of copy or content shall not be considered a substantial alteration. Sec. 90 -563. Permit and plan required. (a) Except as otherwise provided in this division, no sign shall be erected, operated, used, maintained, enlarged, illuminated or substantially altered until a permit has been issued. (b)A separate application for a permit shall be made for each separate advertising sign or advertising structure, except for customary window displays, official public notices and court markers required by Federal, State or local regulation; also excepting newspapers, leaflets and books intended for individual distribution to members of the public; attire that is being worn, badges and similar personal gear. (c) The application permit shall describe in words and picture form the size, shape and nature of the proposes sign or advertising structure, and its actual or proposed locations with sufficient accuracy to ensure its proper identification. (d) The application for a permit shall be signed by the applicant or his authorized agent, and by the property owner, if different from the applicant. (e) For multiple occupancy commercial buildings, individual occupants, owners or tenants may apply for a sign permit, but they shall be issued in the name of the lot owner or agent, rather than in the name of the individual occupants. The lot/building owner or their agent shall be solely responsible for allocating allowable sign area and location to individual occupants. owners or tenants, and not the City, subject to these regulations. Sec. 90 -564. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning. Animated Sign means any sign or part of a sign, including the advertising message, which changes physical position by means of movement. Automatic changeable message devise means any sign, which through a mechanical, electrical, solar or other source of power is capable of delivering messages which rotate, or appear to rotate, change or move at any time and in any way, including tri- vision or multi -prism sign faces. Billboard means any type of off -sight signs of a type of permanent freestanding sign, where the top of the sign is in excess of thirty (30) feet above the ground, and which is one hundred one (101) square feet or more in sign face area. Building sign means a type of permanent sign displayed upon or attached to any part of the exterior of the building, including walls, windows, doors, parapets, marquees, and roof slopes of forty -five degrees or steeper. Clear visibility triangle means on a corner lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. Facade means that area of a building within a two - dimensional geometric figure coinciding with the outer edges of the walls, windows, doors, par \pets, marquees, and roof slopes greater than forty -five degrees of a building which is owned by or under lease to a single occupant. Freestanding sign means any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign or "sandwich sign" Geometric shape means any of the following geometric shapes used to determine sign area: square, rectangle, parallelogram, triangle, circle or semicircle. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Illuminated sign means any sign which contains a source of light or which is designed or arranged to reflect light form an artificial source including indirect lighting, neon, incandescent lights, backlighting, and also shall include signs with reflector that depend upon motor vehicle headlights for an image. Occupant means any single commercial use (any use other than residential) Permanent sign means any sign, which is designed, constructed, and intended for more than short term use, including freestanding signs and building signs. Roof line means a horizontal line intersecting the highest point or points of a roof. Roof sign means a sign placed above the roof line of a building or on or against a roof slope of less than forty -five degrees. Sign means any identification, description, illustration or devise illuminated or non - illuminated which is visible from any outdoor place or location, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, designed o advertise, identify, or convey information with the exception of customary window displays, official public notices and court markers required by Federal, State or local regulations; also excepting newspapers, leaflets and books intended for individual distribution to members of the pubic, attire that is being worn, badges, and similar personal gear. sign shall also include all outdoor advertising displays as described within section 31081.1 Florida building code, and all signs shall conform to the requirements of section 3108 of the Florida building code. The term shall exclude architectural features or part not intended to communicate information. Sign area means the area within the smallest regular geometric shape which contains the entire sign copy, but not including any supporting framework, braces or supports. Sign copy means the linguistic or graphic content, including trim and borders, of a sign. Sign face means the part of the sign that is or may be used to display sign copy. Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Sign structure means any construction used or designed to support a sign. Snipe sign means any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or fastened in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be applicable to the present use of the property upon which such sign is located. Temporary sign means any sign which is designed, constructed and intended to be used on a short-term basis. A permanent sign with periodic changes to the message shall not be considered a temporary sign. Vehicle sign means any sign affixed to any motor vehicle, horse drawn carriage or wagon, trailers. Wind sign means any devise, including but not limited to one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move, shimmer, vibrate or wave upon being subjected to pressure by wind . Sec. 90 -565 Maintenance of Signs. (a) All signs allowed by this division, including supports, braces, guys and anchors, electrical parts, and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes that may be adopted by the City. )b) The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of ten feet shall be neatly trimmed, and free of unsightly weeds, and no rubbish or debris that may constitute a fire hazard or health hazard shall be permitted under or near the sign. (c) Signs and sign structures shall always present a neat and clean appearance; any sign not in this condition be virtue of age, weathering, fading, tearing or loose fabric, or other defect shall be corrected within thirty days of written notice. Sec. 90 -566 Right of entry and inspection Appropriate city employees or code officers in the performance of their function and duties and under the provisions of this division may enter into and onto any lands upon which advertising signs or advertisements area displayed and make such inspections and surveys as may be relevant subject to constitutional limitations and state law. Sec. 90 -567 Exempt signs. (a) Within all non - residential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit as set forth herein, if they are not considered to be prohibited signs. 1. Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. 2. Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three inches in height, and limited to a maximum of two square feet. 3. Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. 4. Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into the masonry surface or when constructed of bronze or other similar metallic materials. 5. Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person, not exceeding one square foot in sign face area, provided such professional has a valid business license as may be required for the particular profession to be operated on those premises. 6. Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three square feet in sign face area, and provided such occupant has a valid business license as may be required to operate on those premises. 7. Holiday decorations, provided that such decorations are removed within thirty days of the particular day being celebrated. 8. Construction signs located on a parcel being developed, for the time period of the building permit, or one year, whichever is shorter, and the sign shall not exceed twenty four square feet. 9. On -site directional and traffic control signs of no more than four square feet of sign face, and providing that business logos or other non - traffic control symbols do not exceed twenty five percent of total sign face area. (b) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit, if they are not considered prohibited signs as set forth herein. 1. Not more than one real estate sign advertising the sale, rental or lease of the premises upon which the sign is located. Such signs shall not exceed six square feed in area, and four feet in height. 2. Signs noting the architect, engineer or contractor for a development or project when placed upon work under construction, providing the sign be removed within fifteen days of issuance of certificate of occupancy. such signs shall not exceed six square feet in area, and six feet in height. 3. Signs as required by law to display building permits or other similar public notices. 4. Traffic signs, street name signs, legal notices of public meetings or zoning /land use change„ danger signs and temporary emergency, when erected by city, county, state or federal agencies. 5. No trespassing and private property signs not exceeding two square feet in area. 6. Vacancy or no vacancy signs not exceeding two square feet in sign area. 7. Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four square feet in sign area in residential areas, and not exceeding maximum size set forth herein for freestanding signs in commercial and industrial areas. The placing of political signs on city property or rights of way is prohibited. Illegally placed signs shall be removed without notice by the code enforcement officer, and all political signs shall be removed within 72 hours of the election or primary for which the candidate is running. Any such signs removed by the city may be cited against the candidate for code violation under ch. 162 Florida statutes, and all actual costs incurred in removal of such signs shall also be assessed in such action. 8. Religious symbols and displays. 9. Garage and yard sale signs within residential districts only, not to exceed two square feet in sign area; such signs shall not be erected in public rights of way, on telephone poles, trees or fences , and shall be removed the same day as the last day of the sale. No such signs shall be permitted for a period in excess of three consecutive days. Sec. 90 -558 Prohibited signs The following signs are expressly prohibited unless otherwise exempted or expressly authorized: 1. Signs that violate building or electrical codes. 2. Any signs that presents safety, traffic or pedestrian hazard, including signs which obstruct visibility or are located in the clear visibility triangle 3. Blank signs, or signs that have faded or eroded to the extent no message or display is discernable. 4. Signs with visible moving, revolving or rotating parts, or visible mechanical movement, or other apparent visible movement achieved by electrical, electronic or mechanical means, excepting for governmental traffic devise and sign age. 5. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing copy. 6. Signs with lights or illumination that flash, move, rotate, blink, flicker, scroll, or change in intensity or color, except signs of this type that provide time and temperature only. 7. Strings of light bulbs used on commercial properties to promote commercial uses, other than holiday decorations. 8. Wind signs. 9. Signs that incorporate projected images, emit any sound that is intended to attract attention. 10. Signs that emit audible sound, odor or visible attention, such as smoke or steam. 1 1 . Signs or sign structures that interfere with the use of any fire escape, emergency exit or standpipe. 12. Non - governmental signs that use the words "stop ", "look ", "danger" or similar word or phrase. 13. Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights of way, including sidewalks. 14. Signs within ten feet of a public right of way, or within one hundred feet of a traffic light, which contain green or red lights, that might be confused with traffic control devises. 15. Search or spot lights used to advertise or promote a business or event, or to attract customers to the location. 16. Signs erected on public property without the permission of the appropriate public authority, other than signs erected by public authority for public purposes, and signs authorized in writing pursuant to F.S. 337.407. 17. Signs erected over or across any public street, on public rights of way, or in the city park, except those that the city would permit for temporary or charitable civic functions, such as including but not limited to, church events, cattlemen's rodeo, speckled perch festival, holiday parades, chamber of commerce events, and the like as approved by general services. 18. Portable signs, including but not limited to those inserted or fastened to the ground by stake or wires, similar to a political sign; signs mounted on a trailer or towable frame typically surrounded by flashing lights and an arrow with sign display area. 19. Roof signs, as defined in this division. 20. Signs placed, erected or posted on trees, telephone or utility poles, lampposts, hydrants, fences, or any public building, or within the public park. 21. Billboards, as defined in this division. 22. Signs with obscene language, or obscene graphic description or portrayal of the human body. 23. Snipe signs, as defined in this division. 24. Signs placed on benches, bus shelters, or waste receptacles except as may be authorized in writing pursuant to F.S. 337.407. 25. Signs on motor vehicles, trailers, boats, or other transportable devise in a sign area in excess of ten square feet total, when such vehicle, boat, trailer or devise is: (A) parked for a period in excess of ninety minutes within 100 feet of any park, municipal building, or right -of -way; and, (B) such is visible from a street right -of -way that the vehicle, boat, trailer or devise is within 100 feet of. Sec. 90 -559 Sign area computation (A) For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face. (B) For building signs, except murals, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. (C) For freestanding signs where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the sign area shall be the area of one of the faces. (D) For freestanding signs, where four sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two largest faces. (E) Where a freestanding sign or building sign is in the form of a three dimensional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two dimensional outline of the three dimensional object and multiplying that area by two. Sec. 90 -560 Permitted temporary signs. 1. Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the city. 2. The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requi4rements set forth below: 3. Signs to indicate that an owner, either personally or through an agent, is actively attempting to sell, rent, or lease property on which the sign is located, provided that the sign: (A) does not include the price, terms or similar details. (B) is not illuminated in any manner so as to create a traffic hazard or distraction, or constitute a nuisance to any adjacent or surrounding property. (C) does not exceed six square feet in area in residential districts. (D) does not exceed thirty -two square feet in all other districts. (E) is removed immediately after sale, lease or rental. 4. Signs to indicate a new business or the grand opening of a business or other activity, provided that the sign is not displayed for a period exceeding fourteen days within the first three months that the occupancy is open for business, and that the sign is not placed on the public right of way. 5. Construction site identification signs provided that the sign: (A) does not exceed six square feet in sign area. (B) is not displayed more than sixty days prior to the beginning of actual construction of the project. (C) is removed within fifteen days after the issuance of the final certificate of occupancy (D) is removed if construction is not initiated within sixty days after the message is displayed, or if construction is discontinued for a period of more than sixty days, pending initiation or continuation of construction activities. (E) is not located on a public right of way. 6. Signs to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: (A) is located on the lot where the event will occur. (B) is not displayed more than two weeks prior to the event; and (C) is removed within three days after the event. 7. Permitted temporary signs shall not be counted as part of allowable area for freestanding or building signs. 90 -561. Freestanding monument signs. Freestanding monument signs are permitted within all commercial and industrial districts, provided that; 1. the sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex in commercial and heavy commercial zoning districts , and CBD shall not exceed ninety eight square feet in area, or 8 feet in height. 2. No development shall have more than one freestanding monument sign. 3. They are located consistent with all applicable set back requirements and are not located in a public right of way. 90 -562. Building Signs. 1. Building signs for buildings with a single business or occupant; A. One square foot of sign face area for each linear foot of the building width that faces the front of the lot, provided that no single building sign on any one side of a building shall exceed sixty square feed of sign face area (for example, if the width of the building facing the front of the lot is fifty feet wide, the maximum total sign face area for all building signs ifs fifty square feet. B. Not more than three building signs shall be allowed on any one side of a building. Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by section A above. 2. Building signs for buildings with multiple businesses or occupants. A. One share foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed forty eight square feet of sign face area for any one business. (for example, if the width of a unit or several units occupied by one business is twenty four feet, then one sign, a maximum of twenty four square feet of sign face is permitted) B. Building signs for different occupants shall be separated by a minimum distance of thirty six inches. 3. In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: A. The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty square feet of projected sign face area. B. There shall be not more than twelve inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. C. No portion of such sign shall extend above the height of the roof. D. No portion of such sign shall be closer than eight feet fo any sidewalk or pedestrian walkway, and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. Sec. 90 -562. Unified Sign Plan. 1. After initial effective date of these regulations, all new non - residential development, which shall contain space or units for more than one business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent application for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with the provisions of this chapter, and shall also demonstrate a consistent theme and design with respect to each of the following: A. Manner and type of construction, including materials to be used, installation method and mounting details. B. Means of illumination, if any, and hours of illumination. C. Size, color lettering and graphic style. 2. Signs for purposes of announcing a coming development project may be placed within commercial and industrial zoning districts, subject to the following: A. Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one year from the issuance date of the permit. B. Complete and proper applications for building permits for the related development project must be submitted within sixty days of the placement of any such sign, or the sign shall be removed. C. Such sign shall be removed within thirty days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than thirty consecutive days. D. Only one such sign shall be placed upon the development parcel, and shall not exceed the height or size as permitted by preceding section of this code. 3. Within non - residential zoning districts, one sign per lot or development parcel advertising the sale or lease or the property limited to eight feet in height and a maximum of twenty four square feet of sign face area. A sign permit shall be required for such signs, and these signs shall be removed within ten days of sale or lease of the property. 4. All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. Sec. 90 -563. Entrance signs for subdivision, multi - family or PUD developments. Except for exempt signs as herein provided, signs within residential, or mixed -use zoning districts developed as a PUD, shall be limited to those set forth below. 1. For single family and multi - family residential subdivisions, and developments containing more than ten building lots, where individual lots are accessed from a common internal roadway, one sign identifying the name of the subdivision or project shall be allowed at each entranceway from a collector or arterial street, not to exceed two signs. A. Sign area shall not exceed thirty two total square feet of sign face area. B. Maximum sign height shall not exceed eight feet. C. Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign erected shall be constructed and designed in the same manner. D. These signs may be only externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. 2. For multi - family residential uses, one sign identifying the name of the development shall be allowed at each entrance not to exceed two signs. Internal directional signs and signs identifying buildings shall also be allowed limited to three feet in height, and eight square feet of sign face area. A. The maximum size is limited to sixty square feet of sign face area. B. The maximum height shall not exceed eight feet. C. Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign shall be constructed and designed in the same manner. D. These signs may be externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. Sec. 90 -564 Code compliance All permanent signs and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes. Sec. 90 -656 Illumination standards 1. Sign lighting may not be designed or located to cause confusion with traffic lights. 2. Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets. 3. Illuminated signs shall not have lighting mechanism that project more than eighteen inches perpendicularly from any surface of the sign over public space. 90 -557 Placement standards. 1. Supports for signs or sign structures shall not be placed in or upon a public right of way or public easement, except under the terms of a lease between the owner of the easement or right of way, and the owner of the sign, or with the written approval of the City of Okeechobee. 2. No freestanding sign shall project over a public right of way. 3. No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. 4. No sign or sign structure shall be within fifteen feet of the outside boundary of any public highway, or within two hundred feet of any church, school, public park, public reservation, public playground or recreation area, or residential zoned district. The distance to the sign shall be measured along the public highway on which the advertisement is located; provided however, that signs may be erected on any business lot within one hundred twenty feet of any residential zoned district, or may be affixed or painted upon any business building within any business district, with the exception of murals which is governed by this code. Sec. 90 -558 Clearance standards. 1. All signs over pedestrian ways shall provide a minimum of seven feet six inches of clearance. 2. All signs over vehicular ways shall provide a minimum of thirteen feet six inches of clearance. Sec. 90 -559 Design standards. 1. All freestanding signs shall be designed to resist a wind pressure of twenty pounds per square foot in any direction. 2. No building sign may project more than one foot from the building wall. Sec. 90 -595. Nonconforming signs. All signs which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by these provisions herein, shall be allowed to remain in accordance with the following conditions: 1. Freestanding signs made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance of five feet from any property line shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right of way, or utility easement and that no interference with clear clearance distance exists, and further provided that such signs are otherwise in compliance with the terms of this code. 2. Freestanding signs made nonconforming at the initial date of these amended regulations, which are not in compliance with respect to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this code. 3. Nonconforming signs, including those as described in sections 1 & 2 above, shall bee made conforming with all provisions of this code when any of the following changes are made: A. Any change to the structural support or structural materials, including temporary relocation associated with routine maintenance of a property. B. Any change which increases illumination. C. Any change which increases the height of a sign. D. Any change which alters the display area or face area by more than twenty five percent, or re- branding. E. Any replacement required as the result of an accidental act or a weather related act. F. Any replacement of an abandoned sign, defined as any sign not routinely maintained as required by this code. G. Any change necessary for compliance with Florida Building Code requirements. H. Any re- branding of a sign resulting from a change in franchise and/or business ownership. 4. The provisions of this section shall not be construed to apply to signs that are abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety. 5. Notwithstanding the preceding provisions, all signs permitted within commercial and residential zoning districts pursuant to this section of the code, shall be made to conform with all applicable provisions of this code, and as amended hereafter, within ten years of the initial effective date of these regulations, which shall be the second and final reading of the initial ordinance. Sec. 90 -596 Violation constitutes nuisance; abatement. Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this Code is hereby declared to be a nuisance, and shall be forthwith removed, obliterated or abated. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, or such advertiser, if such sign is placed in a public right of way. Sec. 90 -597. Permit application and approval process. A. The developer shall submit to the building official a completed sign application. B. Within ten days after receipt of an application, the building official shall determine that the information is complete or incomplete and inform the developer of the deficiencies, if any. If the application is deemed: 1. Incomplete, the developer may submit the required information within ten days without payment of an additional application fee, but if more than ten days elapse, the developer must then initiate a new application and pay a new application fee; OR 2. Complete, the building official shall determine if the sign meets all provisions of this code, and shall issue the permit which states whether the application is approved, denied or approved with conditions, within twenty -one days of receiving the application. Sec. 90 -598 Procedure for appeal. Any administrative decision that is made by any city official in the administration or enforcement of this code may be appealed within thirty days to the board of adjustment and appeals, whose decision shall be final. LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239 - 334 -3366 • FAX: 239 - 334 -6384 MEMORANDUM DATE: July 19, 2007 TO: John Cook, City Attorney LPA Members FROM: James G. LaRue, AICP RE: Proposed Sign Ordinance This Sign Ordinance seems fairly clear and to the point. A couple of observations are: 1. Murals should be included in the definitions as we have defined them in our existing Ordinance. 2. Off - premise signs less than 101 square feet are not defined and might be considered as allowable signs. 3. There is no "Special Business Sales Event" temporary sign allowed other than with a new business and could be for a limited period of time. 4. There are some minor typos such as "device" instead of devise, etc. "square" instead of share. 5. Nonconforming section is good but will be tough to enforce. JGL /vr cc: Brian Whitehall, City Administrator Lane Gamiotea, CMC, City Clerk Betty Clement, General Services Coordinator Bill Brisson, Senior Planner