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2007-11-15
CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 15, 2007 SUMMARY OF BOARD ACTION 229 PAGE 1 OF 7 I. CALL TO ORDER - Chairperson. Planning Board /Board of Adjustment and Appeals November 15, 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 Senior City Planner Bill Brisson Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 18, 2007 regular meeting. Chair Ledferd called to order the November 15, 2007 Planning Board /Board of Adjustment and Appeals at 6:00 P. M. Board Secretary Clement called the roll: Present Present Present Present Present (entered Chambers at 6:05 p.m.) (Moved to voting position 6:58 p.m.) Present Absent (without consent) Present (moved to voting position) Present (moved to voting position) (left Chambers at 6:58 p.m.) Present (left Chambers at 6:50 p.m.) Present Present Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the October 18, 2007 Regular Meeting; seconded by Vice Chair Hoover. VOTE LEDFERD - YEA HOOVER - YEA BURROUGHS -YEA JOHNS - ABSENT O'CONNOR - YEA MOTION CARRIED. KELLER -YEA JUAREZ -YEA MCCOY -YEA MAXWELL - ABSENT 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- 013 -SSA, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer - Tuten. The application is to change the Future Land Use designation from Commercial (C) to Industrial (IND) for property located at 701 Southwest Park Street. Legal description: Unplatted lands of the Town of Okeechobee, according to the plat thereof, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and is approximately 0.642 acre(s) - Planning Consultant. NOVEMBER 15, 2007 Planning Board /Board of Adjustment and Appeals - Page 2 of 7 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- 013 -SSA, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer - Tuten. The application is to change the Future Land Use designation from Commercial (C) to Industrial (IND) for property located at 701 Southwest Park Street. Legal description: Unplatted lands of the Town of Okeechobee, according to the plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and is approximately 0.642 acre(s). Bill Brisson, Senior Planner for LaRue Planning and Development reported the LaRue Planning Staff recommendation of denial. This property is located between Southwest 7th and 8`h Avenues on the south side of State Road 70. This is at the western extremity of the City's Central Business District (CBD) and essentially within a commercial area. Looking at the surrounding land uses and future land use designation, the land to the north is zoned CBD, with Commercial Land Use designation, consisting of a restaurant, car sales and vacant land, immediately to the east is the Park Avenue Greenbelt, to the south a large furniture store, also zoned CBD with Commercial Land Use designation. There is a little confusion as to the actual designation immediately to the west of the property. To the west there is the abandoned right of way. It does not show up on the future land use map as having any land use category, nor does it show any zoning category. Approximately 50 to 60 feet wide in width. Board Member Burroughs inquired whether this strip of land was unincorporated? Mr. Brisson replied, "it is within the City, but it is land that is not officially showing on the maps." Mr. Brisson stated LaRue Planning does not believe that this land or for that matter a number of other lands that are presently shown as Industrial, either on the zoning map or the future land use map, really are practical planning designations. They are carry overs from the fact that this was railroad property and they are given a variety of different land use designations, not all of which make a lot of sense. In light of the way much of these properties are shown on the maps, one would have expected it could have been Industrial in designation. In conclusion, LaRue Planning Staff does not believe the land use to be consistent in the application of the Industrial designation along the railroad right of way. We believe it is a hold over from the previous use of the land as railroad right of way and does not really reflect the most appropriate designation from a planning prospective. 1 V. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 013 -SSA continued. NOVEMBER 15, 2007 Planning Board /Board of Adjustment and Appeals - Page 32f 3 1 This is property located at the end of the CBD district and the Industrial zoning would essentially interrupt the Commercial land use pattern. It tends to introduce the potential of heavy duty manufacturing use in an other wise commercial area. We recommend this proposal be recommended for denial to the City Council. Steven Ramunni, representing property owner Mary Ann Newcomer - Tuten, addressed the Board. He stated, last February the Board acted in an appellate capacity with regards to the recision of the building permit that was issued by the City for a billboard. The City testified before this Board that the property adjacent to this property was designated Industrial, so I have a problem tonight with it being coded as, not really anything, because this Board rendered its decision based on the testimony of the City Staff at the February meeting. Now it seems like it is being pulled out from under us, so to speak. If you look at the City maps, and there is some confusion, but the property on each side of the abandon right of way, is coded as Industrial property as far as zoning. Somehow there is an error or an omission undoubtably in the City maps where it leaves a gap as to this particular piece of property, which is adjacent to our subject property. In the Land Use designation, there is nothing for any of the abandoned right of way property and we believe that in and of itself creates an inconsistency within the City's comprehensive plan future land use map and the defacto (actually existing, esp. when without lawful authority) zoning that has gone on in the City. It is our contention that the subject property is contiguous to property that is in fact zoned Industrial. With the potential use of manufacturing or processing, this application is consistent and compatible with the surrounding land uses. Vice Chair Hoover stated the objective of the Board is to get the zoning to match with the land use designations of the Future Land Use Map. Mr. Brisson concurred. Mr. Ramunni interjected, unfortunately this is the procedure we have to go through first as suggested by Mr. Cook at the February meeting to rezone the property. To rezone the property, we have to ask for a future land use change. Ms. Hoover then added maybe she misunderstood, but she thought Mr. Ramunni said he thought the property was already zoned Industrial. Mr. Ramunni replied, we believe the property adjacent, which is one of the factors is in fact Industrial and think that is a critical element because that is what gives us our consistency and compatibility to rezone the subject property ultimately as Industrial if the Board was to adopt the Future Land Use Map Amendment, Shelly Johnson, Planner for the applicant, distributed a paper she had prepared, comparing permitted uses within the CBD and Industrial zoning districts. The main question she had was whether the Board was clear on the presentation so far as to the inconsistency between the land use map and the zoning map with regard to the Industrial designations of railroad right of way in the City. I think that is key to this application. The railroad right of way is zoned Industrial, but it does not have a land use designation at all, which creates obvious inconsistencies in the land use map and zoning, which is an issue. CJL V. PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 013 -SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. NOVEMBER 15, 2007 Planning Board /Board of Adjustment and Appeals - Page 4 of 1 The inconsistency makes it difficult to argue one way or the other whether proposed change is consistent with adjacent land use, because the adjacent land use does not exist to the west. The placement of the billboard was proposed on the west side of the property, which is adjacent to the railroad right of way. It was not proposed on the east side adjacent to the park. If the zoning and land use maps were consistent and applied the Industrial land use designations to all the railroad right of ways in the City, it would in fact fall adjacent to Industrial zoned land use designation. The tendencies, based on the land use pattern that has been established on right of ways in the City, is that it probably should have been zoned Industrial at some point in time when all the rest of the right or ways received that designation. Board Member Burroughs stated that you are requesting to make more Industrial property right in the middle of town and that I do not agree with. The Planner for the applicant stated there are other avenues. There is litigation going on and the applicant is more than willing to establish this as criteria of eliminating the litigation process. Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property has always been Commercial. She stated she does not want to change her property from Commercial to Industrial. All I want is to get an approval for the billboard sign to be put on the property line. She stated she told Carter- Pritchard, the billboard sign company, she wanted the sign placed as far away from her business and as close to the property line as allowed. "Can we just take the little strip of land by the property line and change to Industrial and make it contiguous with the railroad and leave the rest of my property alone, would that be alright?" Chair Ledferd replied that setbacks for Industrial would not allow for the sign. Chair Ledferd then instructed the Board, this application was for land use change, not a sign. She then asked if she could apply for partial zoning. Board Member McCoy said the Board needs to look at the application as submitted, to change the designation of the whole lot, not a portion of. Chair Ledferd asked if there were further questions from the Board, applicant, or citizens. There were none. Board Member Burroughs moved to recommend denial to City Council for being inconsistent with the Comprehensive Plan for application No. 07- 013 -SSA to change Future Land Use from Commercial (C) to Industrial (IND); seconded by Vice Chair Hoover. VOTE LEDFERD - YEA BURROUGHS - YEA O'CONNOR - ABSENT HOOVER - YEA MAXWELL - NOT VOTING MOTION CARRIED. KELLER - YEA JUAREZ -YEA MCCOY -YEA JOHNS- ABSENT Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. 1 V. PUBLIC HEARING CONTINUED. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 014 -SSA, submitted by property owners Gwynn and Linda Johnson. The application is to change the Future Land Use designation from Commercial (C) and Single Family (SF) to Industrial (IND) for property located at 105 Northeast 9th Street. Legal description: Lots 1 through 7 and 20 through 26, Block 36, City of Okeechobee, approximately 2.84 acre(s) - Planning Consultant. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. C. Consider Rezoning Petition No. 07- 015 -R, submitted by Brad Goodbread on behalf of property owners Gagbee, Inc. to change the zoning designation from Residential Single Family -One (RSF -1) to Heavy Commercial (CHV) for property located at 2103 Southwest 2nd Avenue, Lots 8 and 9, Block 46; First Addition to South Okeechobee - Planning Consultant. NOVEMBER 15, 2007 Planning Board /Board of Adjustment and Appeals - Page 5 273 3 Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 014 -SSA, submitted by property owners Gwynn and Linda Johnson. The application is to change the Future Land Use designation from Commercial (C) and Single Family (SF) to Industrial (IND) for property located at 105 Northeast 9th Street. Legal' description: Lots 1 through 7 and 20 through 26, Block 36, City of Okeechobee, approximately 2.84 acre(s). Mr. Brisson presented the LaRue Planning Staff recommendation of approval, stating the application is compatible with surrounding property and consistent in land use. Chair Ledferd asked if the applicant wished to address the Board. Vikki Aaron, representing the applicant, stated this was being requested due to property appraisal. Mr. Johnson stated when he bought the property many years ago it was Industrial and that is the way he would like to see it remain. Board Member Burroughs interjected, this is an Industrial area and has been zoned that way for a long time. From a contiguous stand point, this request should not be a problem. Board member Maxwell affirmed the need for more Industrial zoning. Chair Ledferd asked if there were further comments or concerns from the Board or citizens. There were none. Board Member Burroughs moved to approve and find consistent with the Comprehensive Plan Application No. 07- 014 -SSA and recommend to City Council to change the Future Land Use from Commercial (C) and Single Family (SF) to Industrial (IND); seconded by Board Member Maxwell. VOTE LEDFERD - YEA BURROUGHS - YEA O'CONNOR - ABSENT HOOVER - NAY JOHNS- ABSENT MOTION CARRIED. KELLER -YEA JUAREZ -YEA MCCOY -YEA MAXWELL - YEA Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. Consider Rezoning Petition No. 07- 015 -R, submitted by Brad Goodbread on behalf of property owners Gagbee, Inc. to change the zoning designation from Residential Single Family -One (RSF -1) to Heavy Commercial (CHV) for property located at 2103 Southwest 2nd Avenue, Lots 8 and 9, Block 46; First Addition to South Okeechobee, .5 4 V. PUBLIC HEARING CONTINUED. C. Consider Rezoning Petition No. 07 -015 -R continued. Application will be forwarded in ordinance form for a final Public Hearing on January 15, 2007 before City Council. CLOSE PUBLIC HEARING VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider and discuss recommending to City Council to amend ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS DIVISION 1. Sec. 90 -253, 90 -223 and 90 -282 - City Attorney NOVEMBER 15, 2007 Planning Board /Board of Adjustment and Appeals - Page 6 of 1 Mr. Brisson presented the LaRue Planning Staff recommendation to approve Rezoning Petition No. 07- 015 -R. He reported these two lots are the remainder of the block that was previously all zoned Heavy Commercial. Chair Ledferd asked whether the Board or any citizen had any comments. There were none. Board Member Burroughs moved to approve Rezoning Petition No. 07 -015 -R and recommend to City Council to change the Zoning from Residential Single Family -One (RSF -1) to Heavy Commercial (CHV); seconded by Vice Chair Hoover. VOTE LEDFERD -YEA BURROUGHS -YEA O'CONNOR - ABSENT HOOVER -YEA JOHNS- ABSENT MOTION CARRIED. KELLER -YEA JUAREZ -YEA MCCOY -YEA MAXWELL - YEA Application will be forwarded in ordinance form for a final Public Hearing on January 15, 2007 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:37 P.M. Consider and discuss requests for amendments to the City's Land Development Regulations. The City has had requests for assisted living facilities. Currently there is no provision for this use other than Residential Multi - Family with a special exception. It was determined the City should offer assisted living facility in the Light Commercial (CLT) and Commercial Professional Office (CPO) by special exception and be a permitted use in Heavy Commercial (CHV) Zoning Districts. Also private and public hospital as a permitted use in Heavy Commercial (CHV) Zoning District. Sec. 90 -253 Special Exception Uses for CLT, add: (5) Adult family care homes or assisted living facilities as provided by law. Sec. 90 -223 Special Exception Uses for CPO, add: (10) Adult family care homes or assisted living facilities as provided by law, And Sec. 90 -282 Permitted Uses for Heavy Commercial, add: (13) Adult family care homes or assisted living facilities as provided by law. (14) Public or Private Hospital. VI. NEW BUSINESS CONTINUED. A. Consider and discuss requests for amendments to the City's Land Development Regulations, continued. VII. ADJOURNMENT - Chairperson 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 - •artment. -eY? William Ledfer. 1 hairperson ATTEST: J., Clement, Secretary NOVEMBER 15, 2007 Planning Board /Board of Adjustment and Appeals - Page 7 273 5 Chair Ledferd asked whether the Board had any questions or concerns. There were none. Board Member Maxwell moved to recommend to City Council to amend LDR's Sec. 90 -253 CLT special exception uses, add (5) Adult family care homes or assisted living facilities as provided by law, Sec. 90 -223 CPO special exception uses, add (10) Adult family care homes or assisted living facilities as provided by law, and Sec. 90 -282 CHV permitted uses, add (13) Adult family care homes or assisted living facilities as provided by law, and (14) Public or Private Hospital ; seconded by Alternate Juarez. VOTE LEDFERD - YEA HOOVER - YEA KELLER - YEA MCCOY -YEA BURROUGHS - YEA JOHNS - ABSENT JUAREZ - YEA MAXWELL - YEA O'CONNOR - ABSENT MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:47 p.m. CITY OF OKEECHOBEE - NOVEMBER 15, 2007 - PLANNING BOARD /BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: November 15, 2007, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Absent 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 OWI 7TH V"g I-J Alternate Mike O'Connor _ 6 V °A- Attorney John R. Cook Secretary Betty Clement PAGE -1- 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 October 18, 2007, regular meeting. Board Member moved to dispense with the read' g and appr ve the Summary of Agency Action for the October 18, 2007 regul.�meeting; seconded by- Beerct-M fib r ��7'1 VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED % DENIED IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT (0 00 P.M. PUBLIC HEARING 1. Application No. Request Location Applicant Staff Representation LaRue Planning Staff Recommendation DISCUSSION: PAGE -2- 07- 013 -SSA Change FLU from Commercial (C) to Industrial (IND) 701 SW Park St., Unplatted lands of the City, approximately 0.642 acres Steven Ramunni on behalf of property owner Mary Ann Newcomer Senior Planning Consultant Denial not i....,� !J� : f_ ► .,.soli . a myna o '!' `%I�11 �L.__ _� . , . ,. u BIER*; I MWM ;INIF _ ! _ _ ffiri nia' !!IOINT EME' '�1 ...� 11.E •• rI 1, .i_ ...fin, I:, st i .! .. ! e'I i� r►_ �.. e� i '! m • .,.1Gar • &11014-, (41--sek-1A,4.1_ 1,77 NAL 6 t /efka.,t4t1- (-VW c1L4,69 &i1 etriA-L1 (J411/./(-64-- 11;i74* _,Ittlq4,2,. ) — t(Le dte MAA(Lgc,: FL& , (fLecLit Corikcj RiAA:711`A liCkL, C404tet-470G4 1/1-Azik4 . 0( emiuoi a , 4)2, CA4-Kfc_._ ertti(-VL U-) 4046,0-- ayv,eto . Dsuk, tt,,cla ,A-:° 4404 46/1-C-' \10151A-UL_ „vg-1 POO' c10 "A;1- L /1/4-eiriTud iga(kiP-e- An4 toold-hAzi- (651-4 fic-v-f"Yitt- 41 --kL11 c14 )44 Al7c-sect_f\Ctk,b cT C6iv\/\\ F. fl'L ieJ4 -7\ (['4 — C-Iv÷otct A-4 7 cq--4-' cfrikust_ti. 4J cQ LL — - J2E-7- ra-Th ,r5Le,,2 •••••••• 4 OLsy\ ---1,\-A2-)- tf2A-4- t-4-k-- ",L69 --1,<A,.,4}7—CrLe= R}Lk Qi.,t r c)ak - &V o s . i 4e- &/ (1/6,) /Am 61-- L.Ait(,--7/(u ~ � �J(/"- � / -- / - Cd/A) (IA; Vbafa4 L B A't-6.•'`7M/j(.� �` -PAGE -3- MOTION: Board Member moved to_rasenuwand{eleny to Ci y Council Application No. 07 -013 -SSA to Change FLU from Commercial (C) Industrial (IND) for property located at 701 SW Park St., Unplatted lands of the City, approximately 0 2 acres, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer; seconded by Board Member VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL \X---- MCCOY JOHNS JURAREZ O'CONNOR ,.-/A)1.\\ RESULTS k / CARRIED 1 1 DENIED n X �4i . ,/, i nin L� /% -, � (Zr 2. Application No. Request Location 07- 014 -SSA Change FLU from Commercial (C)and SF to Industrial (IND). 105 NE 9th Street, Lots 1 -7 and 20 -26, Block 36City of Okeechobee , approximately 2.84 acres Applicant Gwynn K and Linda P. Johnson Staff Representation Senior Planning Consultant LaRue Planning Staff Recommendation Approval DISCUSSION: ft-tL O.�UI,,1.tu� , / C�.(�C1►c a �y . L 9 QLet ,' Pket L—C( e4kUo-tAX+ 314 At.a - .ytu -P - C� . -�— rLU fh f 111;46u-- Ga PAGE -4- - 2 ev„ CA,-_-yy,, . e M. C 2- " 1 - -r- - uoiii Iv* ±+- 66-441A • 362,e_t_aR, A0-54-4_,Litia41 oet,c-k, PA-,e- `z • MOTION: Board Member rel0 moved t recommen /deny to City Council Application No. 07 -014 -SSA to Change FLU from Commercial C)and SF to Industrial property located at 105 NE 9th Street, submitted by Gwynn K and Linda P. Johnson; seconded by Board Membe�� VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL V MCCOY V JOHNS JURAREZ Y---- O'CONNOR RESULTS CARRIED } DENIED 3. Petition No. Request Location PAGE -5- 07 -015 -R Change Zoning from RSF -1 to Heavy Commercial (CHV). 2103 SW 2nd Ave.,lst Addition to South Okeechobee, Lots 8 & 9, Block 46 approximately 0.325 acres Applicant Brad Goodbread on behalf of property owners Gagbee, Inc. Staff Representation Senior Planning Consultant LaRue Planning Staff Recommendation Approval DISCUSSION: MOTION: 4'14 kir=t1. Board Member ! ___ moved to r: comme - dtdeny to City Council Petition No. 07 -015 -R to Change the Zoning from -esidential 'rngle Family -One (RSF -1) . -avy Commercial (CHV) for property located at 2103 SW 2' ve., submitted by Brad Goodbread on behalf of property owners Gagbee, Inc.; seconded by Board Member PAGE -6- VOTE YEA NAY ABSTAIN ABSENT NOT SERVING AS VOTING MEMBER LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS / CARRIED DENIED CLOSE PUBLIC HEARING - Chairperson. l 1)0 VI. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider and Discuss recommending to City Council to amend Sec. 90 -253, 90 -223, and 90 -282 - City Attorney Discussion eft CI\d)73-49 VII. ADJOURNMENT - Chairperson. VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT ' / y 7 P.M. 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 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING NOVEMBER 15, 2007 OFFICIAL AGENDA Page 1 of 2 I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, November 15, 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 Senior Planner Bill Brisson 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 October 18, 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. 1, Application No. Request Location Applicant Staff Representation LaRue Staff Recommendation 07- 013 -SSA Change FLU from Commercial (C) to Industrial (IND). 701 SW Park St., Unplatted lands of the City, approx. 0.642 acres Steven Ramunni on behalf of property owner Mary Ann Newcomer Senior Planning Consultant Denial NOVEMBER 15, 2007 - PB /BOA AGENDA - PAGE 2 OF 2 2. Application No. 07- 014 -SSA Request Change FLU from Comm. and SF to Industrial Location 105 NE 9th Street, Lots 1 through 7 and 20 through 26, Block 36 City of Okeechobee, approximately 2.84 acres Applicant Gwynn K and Linda P. Johnson Staff Representation Senior Planning Consultant LaRue Staff Recommendation Approval 3. Application No. 07 -015 -R Request Change Zoning RSF -1 to CHV Location 2103 SW 2nd Ave, 1St Addition to South Okeechobee, Lots 8 & 9, Block 46. Approximately 0.325 acres Applicant Brad Goodbread on behalf of property owners Gagbee, Inc. Staff Representation Senior Planning Consultant LaRue 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 and discuss recommending to City Council to amend Sec. 90 -253, 90 -223 and 90 -282 - City Attorney 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. 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 'Lib) K C7he , in the matter of (.e c c (C 1`) f' �rG � ►'1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of IC) • i j 1 I tcl) () 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. Sworn totatt8 subsci+bedbef e me this ( r� y YQ l L . A.D. 20 day of Public, State of Florida at Large C `l) NOTICE OF CONSIDERATION OF PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT NOTICE: A PUBLIC HEARING IA be held before the City of Okeechobee Planing Board/Board of Adjustment and Appeals on Thursday, November 15, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200; Okeechobee, Florida. To consider Comprehensive Plan Small Scale Future Land Use Map Amendment Ap- plication No. 07- 013 -SSA. The application is being subMitted by Attorney Steven A. Ramunni, on behalf of property owner(s) Mary Ann Newcomer MrIa/ Mary Ann Newcomer- Tuten. The application is to change the Future Land Use designation from Commercial (C) to Industrial (IND) for property located at 701 North Park Street West Legal description being: Beginning at the Southeast comer of Block 161, Town of Okeechobee, accordrig to ply thereof recorded in Plat Book 2, Page 17, Public Records of St Lucie County; Ronda, and run thence South 70 feet to South line of North Park Street for the Pdint of Beginning; run then South 150 feet to inter - section with North line•of South Park Street run thence West along said North line 300 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right -of -way 150 feet to intersection with South line of North Park Street aforesaid; mn thence East along said South line 200 feet to Point of Beginning; said land lying in and comprising part of East one -hat of Southwest one- quarter of Section 16, and Northeast one - quarter of Northeast one - quarter of Northwest one - quarter of Section 21, Township 37 South, Range 35 East andikepgroximately 0.642 acre(s). The proposed use is for a drive -thru convenience st to erect a billboard sign. A ctrey of the entire application(s) and agenda are available in the General Services ,The 101 at City Hall or by calling Betty Clement at (863) 763.3372 x 218. ThePlanning Board will make recommendations to the City Council for considera- tion and final adoption tentatively scheduled for Tuesday, December 4, 2007. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect 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 ap- peal is to be based. General Services media are used for the sole purpose of back-up tithe department In accordance with the Americans with Disabilities Act (ADA) and Ronda 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 01 863 -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). BY: Brian Whitehall, Zoning Administrator Application No. 07 -013 -SSA 245962 ON 10/29;11/9/07 Janetta Thibouit �. Commission # DD50531-i ^� �o Expires January 10, 2010 • n F,-0 Bonaea Troy faro insurance Inc 800- 385 -7019 C i t y 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: ° j / 1 J D 7 Petition No. 07 -o 13-SS A Fee Paid: 0v57 , co Jurisdiction: 106 -+-CG 1st Hearing i p i $1(j 7 ' 2nd Hearing 11' P-Oi o 7 f Publication Dates: unnf, . ay?), . )r 1e Notices Mailed: Fax: 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): if Owner mailing address:} p5-1- ar 4 0 auk ()mei r/& «t � °.LtY�'a!nii �r e, �jpX 153-7 c I�KP.��Rhobee,rL 3�173 A �� L3 c N A T ( Name of applicant(s) if other than owner (state relationship): ft en C . ry. E6q. il Applicant mailing address:�5.)- Of. ; c11)04. Mk L bel )e, r -�. 3o q76 , Name of contact person (state relationship): Gi-4 ven 6 k unnf, . ay?), . )r 1e Contact F erson daytime phone(s): (n?)- 10"5--do Fax: , 3(75- 4 - 1 1 7 4 kfitm Clyne V Property address / directions to property: 101 Sins TC't` K -f-r ( -4 t °Kee (1" vbee , FL Number: 3 -,11_37 - 35_ DRGU= cx'C}G 3 - -60C Parcel identi£tcation Size of the Property (in acres): Q (04 Current Zoning Designation: (5b ' jl--1 1( a___ 1 P. R Current Future Land Use Designation: C N-V O p E. R T Y Existing Use ofthe Property: , �'t�?rY�.Y��IGc ��-� ��t'?ren('�S1r) ire -DY1Ve, I hat_ Proposed Future Land Use Designation: —i y- it5-- f r i- Q 1 Proposed Use of the Property: Comme-rL i'a_ 1 -C onvt ni enCf 6'Jrl Dr", ve, -thC LC — -- 11 board Description of Surrounding Wor-i-h . C So id-h : CB Properties: , tA- B 17 I d tiStY, Ct C Sf . D ( ) S + : C i-1 V , :_r i tAS4ric, Legal Description See a of the Property (Lengthy Description May be Attached): ached Ein `( 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 _ - C9rifinuution of luformalion- Accuracy - - • _ • . • . I her appli islea da s Si fy that the information in this application is correct. The information included in non is for use by the City of Okeechobee in processing my request. False or g information may be punishable by a fine of up to $500.00 and imprisonment of up to and may result in the summary denial of this application. .1)?q/b94,00 7 7 Printed Name Date Uniform Land Use Application nev 12/03) Page 2 of 2 6 0 4- 6. W. 611-1 AVEI1E ruccAixo. TRgT I P 1 70,0 - AWxar FIARIDA EA6T C0A61. RAILWAY --- - -- 100, 1- LRAM 1807 LoGIEII Mr IN USE Ig0•04'25•E 1448810 TM I50•I0.11 ss. ss67 j L -- -- — — fi4 BP'l it 10'14 P1 _ - -- Sow W'IPM a 1K IS'lcl EONM l6U'10.P1 EDGE PAV'HFd7r 6 R E C E R V E D G. W. 7TH AVER -le _ �— —�-�— AWtE IP1 43 CERTIFY T0: MARY Arrt ri Ewcor j R YS PO'M1 .5r70 4,$ Printed for lowyers'.THte Guaranty Fund, Orlando, Florida arranty ittd (STATUTORY FORA(— SECTION 687,02 LS.) 3nbrnnturr, Mode this 4 day of January 're; 2 2 C'E 0539 This instrument was prepared byt PAUL R. STANTON, ESQ. WELLFSCH AND METZGER, P.A. 1Is_ Aiweria Ammo, /!OO[ CORAL OAIW, PlORIDA i31M 19 88 , Wrtnirrn JOHN A. SMITH, JOHN R. BROOKS and WILLIAH J. VACHON, As Tenants in Common of the County of • Okeechobee , Stole of Florida MARY ANN NEWCOMER whose post office od-dress is P. O. Box 1537, Okeechobee, FL 34973 of the County of Okeechobee • Swte of Florida grantor', and , grantee., *ttllteetth, That said grantor, for and in 'consideration of the sum of Ten and 00 /100 ($10,00)--- - --- -- - . Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof k hereby acknowledged, has granted. bargained and sold to the said grantee. and grantee's heirs and assigns forever, the following .. A,'ribed lond, situate, lying and being in Okeechobee County, Florida, tow+ih gl!-'1; t x-v..: G7 fi x W .--�rf_ Subject to _'i'�f� ■., ,:j 1. Taxes for the year 1988 and subsequent years; 2. Conditions, restrictions, reservations, limitations and easements of record; l : t r- - "13. Applicable zoning ordinances, regulations and other restrictions imposed by c,, ..- governmental authorities. .OVxIt to sosd grantor does hereby fully worrant the title to said lond, and will defend the some against the lawful cloims of oll persons whomsoever. * °G4ontor" and "grantee" are used for singular or plural, as context requires_ Beginning at the SE Corner of Block 161, TOWN OF OKEECHOBEE, according to. plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the point of beginning; run thence South 150' to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right of way 150 feet to intersection with South line of North. Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and comprising part of E 1/2 of SW 1/4 of Section 16, and NE 1/4 of NE 1/4 of NW 1/4 of Section 21, Township 37 South, Range 35 East. This is commercial property and is not the Homestead property of any of the Grantors. 3n Aftnree Iiihrrrnf, Grantor h Sign •, sealed and delivered in our .resence: as hereunto set grantor's.band of seal the doy and year first r�lTl- FILED FOR RECOP sal /, i OhEE �' CN«'�" - -- i CS A L GLORIA FORD_ bove. ritten. (Seal) (Sean (Seal} (Seel) 195147 STATE OF FLORIDA COUNTY OF OKEECHOBEE t HEREBY CERTIFY that on this doy before me, on officer duly qualified to take acknowledgments, personally appeared BROOKS J. VACHON JOHN A. SMITH, JOHN R. BROOKS and WILLIAM J. VACHON to me known to be the person 6 described in and who executed the foregoing instrument and ocknowledged before me that t he yexecuted the same. WITNESS my hand and official soot in the County and State lost aforesaid this 4 doy of January 19 68 My commission expires: 5/31 / 9W.�J Notary Rub)i I. JC i i,;1C l r�•.,. . I.:. rt :.1 1111': %1;=21G ) • rAxl �00.L -;, EXHIBIT "A" AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Mary Ann Newcomer Tuten a/k/a Mary Ann Newcomer, Affiant state the following: 1. That I am hereby the owner of the property located at 701 SW Park Street, Okeechobee, Florida, also particularly described as follows: Beginning at the Southeast comer of Block 161, Town of Okeechobee according to plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the Point of Beginning; run thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right -of -way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of . East one -half of the Southwest one- quarter of Section 16, and the Northeast one - quarter of the Northeast one - quarter of the Northwest one- quarter of Section 2I, Township 37 South, Range 35, East. Less and except: Additional D.O.T. Road right -of -way on S.R. 70. 2. That Steven A. Ramunni, Esq. is authorized to act on my behalf concerning the rezoning application submitted contemporaneously with my affidavit and he is further authorized to appear at all public hearings herein. Under penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. AFFIANT STATE OF FLORIDA COUNTY OF OKEECHOBEE NEWCOME TU.11N, Sworn to and subscribed before me this ay of August, 2007. Mary Aim Newcomer Tuten is personally known to me or has produced . as identification and did pt5f`ake. an oath. NOTARY PUBLIC -STATE OF FLORIDA Lisa Pace Commission # DD549434 My Comm. Expires: 12/20/2007 TNRY PUBLIC AUGUST 21', 2007 • REGULAR MEETING AND BUDGET WORKSHOP • PAGE 8 of 15 VI. MINUTES City Clem, A, Motion to dispense with the reading and approve the Summary of Council Action for the August 7, 2007 Regular Meeting, VII. WARRANT REGISTERS • City Administrator, A, Motion to approve the July 2007 Warrant Register: General Fund $342,184.21 CDBG Fund $1,889.00 Public Facilities improvement Fund ... , , ... , , . $635,12 Viii. AGENDA • Mayor, A. Requests for the addition, deferral or withdrawal of Items on today's agenda, IX, OPEN THE PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT • ADOPTION Mayor,.. A, 1', a) Motion t6 read by title only proposed Ordinance No, 994, amending Code Book Chapter 90, Division 5, Signs Regulations • City Attorney (Exhibit 2). b) Vote on Motion to read by title only, Council Member L w'i'lams moved to dispense with the reading and approve the Summary of Courcll Action for the August 7, 2007 Regular Mee' ng; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK • YEA C. WILLIAMS - YEA MARKHAM-YEA L. WILLIAMS • YEA WATFORC • YEA MOTION CARRIED, Council Member Warlord moved to approve the July 2007 Warrant Register In the amounts of: Gencral Fund, three hundred forty-two thousand, one hundred sixty-four dollars and twenty -one cents (S342,184.21); Community De\'elopment Building Grant Fund, one thousand, eight hundred sixty -nine dollars and zero cents ($1,869.00); Public Facilities Improvement Fund, six hundred thirty -five dollars and twelve cents ($635.12); seconded by Council Member Markham. The Ti wasr no discussion on this Item. KIRK • YEA C, WILLIAMS YEA VOTE • MARKHAM • YEA L. WILLIAMS - YEA WATFORD • YEA MOTION C ARRIED, Mayor Kirk asked whether here were any requests for the addition, deferral or withdrawal of Items on today's agenda? There were none, MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION AT 6:32 P.M. Council Member'Aal{crd moved to read by title only, proposed Ordinance No, 994, amending Code Book Chapter 90, Division 5, Signs Regulators, seconded by,Councii Member L. Williams, . VOTE KIRK • YEA MARKHAM • YEA , WATFORD • YEA C. WILLIAMS YEA L.,WIt:LIAMS -YEA MOTION CARRIED, • IX, PUBLIC HEARING CONTINUED, A, 1,o) City Attorney to read proposed Ordinance No, 994 by title only 2, a) Motion to adopt Ordinance No, 994, b) Public comments and discussion, c) Vote on motion, AUGUST 21, 2007 • REGULAR MEETING AND BUDGET WORKSHOP - PAGE 9 OF 15 Attorney Cook reahi r 000sed Ordn,anoe No. 994 by tltle only as foliows: "AN ORDINANCE OF THECITY OF OKEECHOBEE, FLORIDA PROVIDING FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO 716; DIVISION 5 THEREOF, FRQM SECTIONS 90561 THROUGH 90 '600; PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5SIGNORDINANCE ;PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGEAS 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 ANDSEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE," Council Member Markham moved to adopt proposed Ordinance No. 994; seconded by Council Member L. Williams, Mayor Kirk askeo nether there were any questions or comments from the public? There were none, The Council dlscussec certain requirements of the proposed sign ordinance that seemed too strict For example, Okeechobee Main Street wou'c = allowed to keep their small signs on the trash receptacles they purchased 'or the City to install along South Park Street The OKeechobee Cattlemen's AssoclatIon could not continue to park horse trallerswIth banners' tled to them, on private property advertise the various rodeo events throughout the year The consensus was that the proposed ordinance needed more worK o, Staff and the Planning Board, Council Member Watford moved to postpone, until a date certain of October 16, 2007, the actI n of adopting proposed Ordi • nce 0 994 so that It ma be rev e e' e b , Boa o o Se. =lib: I 107' eco de IP II Council Member Markham, KIRK • YEA C, WILLIAMS • YeA . VQTE , MARKHAM - YEA L'. WII .IAMB • Yrfp, WATFORD • YEA MOTION CARRIED. • Based on the actor, Councll Member Watford moved to extend the date. from September 1, 2007 until October 1; '2107 or -esolution No, 07. 61m .o 'I , a or •n e =c c= • t ec if :,.'I. a to s or off- re Ises signs designed to be billboards; seconded by Council Member Markham. VOTE KIRK • YEA C. WILLIAMS YEA MARKHAM , YEA L. WILUAMS • YEA WATFORD • YEA MOTION CARRIED. RESOLUTION NO. 07-06 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, EXTENDING THE PROVISIONS OF RESOLUTIONS NO. 06-10 AND NO. 07-04 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OF APPLICATIONS FOR OFF - PREMISES SIGNS DESIGNED TO BE BILLBOARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, by previous Resolutions No.06 -10 and 07- 04, imposed a moratorium on the acceptance and processing of any applications within the City for the erection of off- premises signs designed as billboards; and WHEREAS, Resolution No. 07 -04 set a date of May 1, 2007 by which time the City would consider and enact amended sign ordinances for use in the City that addressed such billboard advertising; and WHEREAS, since the imposition of the moratorium the City has been sued by Centennial Builders of Lee County, Florida, a develop /sign contractor, concerning the denial of permit for erection of billboard advertising, which suit seeks damages and a judicial determination via declaratory judgment concerning the legal effect of the present ordinance and denial of permit, which suit may not be resolved for several months; and WHEREAS, such judicial determination and /or amendment to current sign regulation is a prerequisite to lifting the moratorium in order to secure the rights and liabilities of the City in the dispute, which further requires an extension of the moratorium. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT the provisions of Resolutions No. 06 -10 and No. 07 -04 previously adopted by the City are herein extended in their entirety to September 1, 2007, or until the City Council adopts an amendment to the sign ordinance, or until the pending litigation is resolved, whichever first occurs. Page 1 Z INT.RODUOOAND_ADOPTED in regular session this 1 st • , 2007 f7- IT) . ATTEST: /Kt Lane Gamiot a, CMC, City Clerk REA/1E D FOR LEr7ICIENCY: John R. Cook, City Attorney 3 Page /of James E. Kirk, Mayor • RESOLUTION NO. 07 -04 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE PROVISIONS OF RESOLUTION NO. 06 -10 WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE BY THE CITY OF APPLICATIONS FOR OFF - PREMISES SIGNS DESIGNED TO BE BILLBOARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida by previous Resolution No. 06 -10, imposed a moratorium on the acceptance and processing of any applications within the City for the erection of off - premises signs designed as billboards; and WHEREAS, said Resolution set a date of March 1, 2007 by which time the City would consider and enact amended sign ordinances for use in the City that addressed such billboard advertising; and WHEREAS, the legal appeal by a developer concerning the denial and refund of a permit issued by the City for a billboard was not heard and considered by the Board of Adjustment and Appeals for the City until February 16, 2007, which appeal initially caused the moratorium to be enacted; and WHEREAS, such appeal was denied by the Board on February 1, 2007, and additional time is now needed to consider amendments and re- drafting of the existing sign ordinances within the City. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT the provisions of Resolution No. 06 -10 previously adopted by the City are herein extended in their entirety to May 1, 2007, or until the City Council adopts an amendment to the sign ordinance, whichever first occurs. INTRODUCED AND ADOPTED in regular session this 20th dam February, 2007 ATTEST: - Lane Gamiotea, MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James . Kirk, Mayor • • RESOLUTION NO. 06 -10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TEMPORARILY SUSPENDING THE APPLICATION OF SECTION 90 -561, DIVISION 5, SIGNS, AS IT PERTAINS TO THE PERMITTING AND ERECTION OF SIGNS DEEMED TO BE BILLBOARD SIGNS; PROVIDING FOR TIME CERTAIN AMENDMENT OF THE CITY'S SIGN ORDINANCE; PROVIDING FOR ENACTMENT OF DEFINITIVE STANDARDS FOR THE PLACEMENT, DESIGN AND ERECTION OF SUCH SIGNS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 90 -561 et.seq. of Division 5, the Sign Ordinance for the City of Okeechobee, Florida does not address the design, placement and construction of billboards within the City; and WHEREAS, such signs are typically construction in a manner that may encroach into neighboring property; be intrusive; be highly visible; be a distraction to traffic; and unsightly to residential areas; and WHEREAS, the City has a legitimate interest in the aesthetics, location, size, placement, design and construction of billboard signs, but not initiating a ban on such signs that would meet reasonable City codes; and WHEREAS, due to the time necessary to study the issue; to arrive at a consensus on new regulations; and to enact the necessary Ordinance, that in the interim it is in the best interests of the City and its citizens to impose a moratorium on permitting billboard signs; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT from and after the date of adoption of this Resolution, the Department of General Services and Building Official for the City of Okeechobee shall not accept, review or approve any permit to any person or entity for the placement and erection of a billboard sign within the City. SECTION 2. THAT other permissible signs may be approved by the City in the interim, but no sign shall, in any Zoning District, until further amendment of the Sign Ordinance, exceed 100 square feet in display, nor exceed a total height of 20 feet. SECTION 3. THAT the office of the City Attorney and Staff are directed to study the issue of billboard sign and construction, and draft a proposed Ordinance clearly setting forth acceptable standards for approval of such signs within the City. Page 1 of 2 ,LTV 515.•5‘ Y. THAT this Resolution shall remain in effect until further modification or approval of the Ordinance amending the Sign Ordinance, or until March 1, 2007, whichever first occurs. INTRODUCED AND ADOPTED in regular session this 7" day of November, 2006. ATTEST: (_1.41 Lane Gamiotea, REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • • • • • • • ac son .ee, tue 1. Fort Myers, Florida 33901 -2845 Phone: 239 -334 -3366 Fax: 239- 334 -6384 LaRue Planning & Management Services, Inc. Staif Report -Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Steven Ramunni, Esq. for Mary Ann Newcomer Petition No. 07- 013 -SSA (from Commercial to Industrial) Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Steve Ramunni, Esq., for Newcomer Petition No.: 07 -013 -SSA General Information Applicant Phone Number: Applicant Fax Number: Future Land Use Map Classification Zoning District Use of Property Acrea • e Proposed Industrial Commercial convenience store (drive -thru) and Billboard 0.642 Location: 701 SW Park Street Legal Description: Beginning at the Southeast corner of Block 161, Town of Okeechobee according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the Point of Beginning; run thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right -of -way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of East one -half of the Southwest one - quarter of Section 16, and the Northeast one - quarter of the Northeast one- quarter of the Northwest one - quarter of Section 21, Township 37 South, Range 35, East. Less and except: Additional DOT Road right -of -way on SR 70. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Commercial to Industrial. Based on the size of the property (0.642 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. Adjacent Future Land Use Map classifications and Zoning Districts: Future Land Use Zoning Existing Use North: Commercial CBD Restaurant, Car - sales, and vacant East: Public Facilities PUB Park Avenue Greenbelt Public Park South: Commercial CBD Large furniture store West: Commerciale'} CHV(') Retail {') (1) These designations are for the property on the west side of NW 7th Avenue. The property immediately west and adjacent to the subject property is vacant, abandoned railroad right -of -way, and presently carries no Future Land Use or zoning designations. Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Steve Ramunni, Esq., for Newcomer Petition No.: 07- 013 -SSA Summary: The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial to allow an off - premises sign to be constructed on the property.. The subject property is located in the western part of the SR 70 corridor at the western extremity of the City's CBD and within a predominately commercial area. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The current and proposed uses for the property are consistent with the Industrial Future Land Use Category and the policies that which govern this category. However, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land use designation at this site is consistent with sound planning as it inserts the possi- bility for manufacturing or processing activities into an area intended for office, retail, wholesale and related commercial activities. As such, Staff does not believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: "Through a well - planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." [emphasis added] B. Concurrency of Adequate Public Facilities The subject property contains an existing commercial use that is already enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a change to the Industrial land use category. Staff sees no likelihood of concurrency deficiencies associated with the requested plan amendment. C. Compatibility with Adjacent and Nearby Land Uses While there is nothing inherently incompatible with industrial uses in close proximity to commercial uses, Staff does not believe that the insertion of the potential for heavy industrial at the perimeter of the City's CBD is good planning and is incompatible with the predominantly commercial char- acter of the SR 70 corridor in this area, and particularly in relation to the CBD. 2 Staff Report Applicant: Steve Ramunni, Esq., for Newcomer Small -Scale Comprehensive Plan Amendment Petition No.: 07 -013 -SSA D. Pattern of current land use and zoning designations The City has treated abandoned railroad rights -of -way in the general vicinity of the subject prop- erty in an inconsistent manner with regard to assigning future land use designations. In some instances, abandoned railroad rights -of -way are shown as Industrial on the Future Land Use Map (FLUM); sometimes the lands remain undesignated; and in still others, a residential designation has been applied. Application of zoning to these lands has been somewhat more consistent in that most of the lands have been zoned Industrial, although sometimes in conflict with the future land use designation. Staff believes the application of Industrial zoning is a holdover from the lands' prior association with the railroad, and does not necessarily reflect the most appropriate designation from a plan- ning perspective. Consequently, the existing land use and /or zoning classifications (or lack thereof) do not provide a basis upon which to make land use decisions for nearby properties. The abandoned railroad rights -of -way in this area and elsewhere in the City need to be examined so that their Future Land Use designations and Zoning classifications can be assigned based on sound planning principles rather than just their prior association with the railroad use. Conclusion and Recommendation While the Applicant may have no intention of introducing manufacturing or processing onto the site, amending the plan as requested will afford current and future owners the potential to do so. These types of uses, which would be allowed only if the land were designated industrial, would not be compatible with the commercial character of the area. To allow the possibility of their introduction into the area would be inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denial of the requested amendment. Submitted by: James G. LaRue, AICP October 11, 2007 1st Hearing 10 -18 -07 LPA Planning Board 2nd Hearing November 20, 2007 Future Land Use Map Zoning Map Aerial from Property Appraiser's web site • Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Steve Ramunni, Esq., for Newcomer Petition No.: 07 -013 -SSA City Future Land Use Map Subject Property COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 4 Staff Report Small-Scale Comprehensive Plan Amendment City Zoning Map Subject Property Applicant: Steve Ramunni, Esq., for Newcomer Petition No.: 07-013-SSA ZONING LINICORP ORAIED CO CNV CLT CR 0 H Ri0 PUB RAM RS II 5 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Steve Ramunni, Esq., for Newcomer Petition No.: 07- 013 -SSA 6 20 10 0 SCALE : AS SHOWN 20 TP I CAL LEGEND INHERE APPLICABLE-SEE ORANING) PAN-PERMANENT REFERENCE NOPUMENT PCP - PERMANENT CONTROL P01N1 CNF- CONCRETE MONUMENT FOUND CMS- CONCRETE MONUMENT SET 955 -REBAR FOUND SOS-RE0AR SET wlcop 50.5170 IPF- IRON PIPE FOUND POL- PGINT -ON -LINE UTS-UNI TED TELEPHONE SERVICE FPL-FLOR IDA POWER d LIGHT CO. (91 -51EL0 MEASURE (PI -AS PER PLAT (C)-CALC. DISTANCE (01-A5 PER 05E0 S /T- SEPTIC TANK NH - MANHOLE FC -FENCE CORNER PP -POWER POLE CMP- CORAUG. MET. PIPE TOO -TOP OF BANK RCP -RE INF. CONC. 14I95 CB -CATCH BASIN OVERH0. LINE MN -MATER METER x— FENCE LINE UG -UNDERGROUND 0.0 R/O4 L 1 rtE — — — r✓ 0 0 6Li2VEYOR 1t1TE6: 1. Bearings shown are relative assuming N87'24 16'E along Reg 5.R /W LIne N. Park. 2. This survey Is based on Information provided by the customer /agent and no search was made of peel lc records by this off Ice t0 verify or deny owners. e as events. or right -of ways. 3. No visible or underground Improvement has been located except as shown. 4. 15(s. survey Is not valid Nl thout the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. 5. According to FIRM map dated 2/04/198( panel v 120177 01758, parcel Iles In Not Included Area of Ci ty Limits. Flood lone C. per Okeechobee County Planning 6 Zoning Department. 6. Property Address Is: 701 W.North Park Street, Okeechobee. FL 7, There may be additional restrictions that are not recorded on this survey that may be found In the Pub Ilc Records. BOUDARY GURNEY OF: 0. R. 500K 292, PAGE 539: BEGINNING AT THE 5E CORNER OF BLOCK 111, TOWN OF OKEECHOBEE ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA. AND RUN THENCE SOUTH 70 FEET TO SOUTH LINE OF NORTH PARK STREET FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 150' TO INTERSECTION WITH NORTH LINE OF SOUTH PARK STREET; RUN THENCE WEST ALONG SAID NORTH LINE 200 FEET TO INTERSECTION WITH EAST LINE OF FORMER BUT NOW ARAN- 005E0 FEC RR; RUN THENCE NORTH ALONG SA 10 RIGHT OF WAY 150 FEET TO INTERSECTION WITH SOUTH LINE OF NORTH PARK STREET AFORESAID; RUN THENCE EAST ALONG SAO SOUTH LINE 200 FEET TO POINT OF 95614- NING; SAID LAN0 LYING IN ANO COMPRISING PART OF E 1/2 OF 5W 1/4 OF SECTION 10, AND NE 1/4 OF NE 1/4 OF NW 1/4 OF SEC- TION 21. TOWNSHIP 37 SOUTH, RANGE 35 EAST. LESS ANO EXCEPT: ADOI T I ONAL O. O. T. ROAD R/W ON S. R.70. 1 RBF a /Cap No. 5178 -I LOT 5 LOT 6 589 55' 54'E 200.05'(51 200'15) I - - 5P.. 70 - rIORTH PARK 6TREET 70'RAI - ASPHALT - NO MEDIAN OLD RAM LI('IE Q CO vi NAIL Fd.w/01sc No. 5178 1 t1 83 I 901' 21" 05' W 5.94' 151 LS 500'00'0295 5.92'(DOT) N85' 58' 13' E 199. 56'10 EAST 200'10, P1 �� r 24' 16` E :.:::.' .::..................... 0. R. 292/539 COI'1T. 0. 64 ACRE6 / 27, 898. 1'- [ 008.6 [VT I r ICLL00E ADDTL. C1 50.25' (F1 50"f PI R85 •.G'iY.Ct' C.SL' �: T :�: RAF: 0.07' S. SQ IRREGULAR corKRe-e RBF: Unnumbered Ar10HOR PP LIG Q./C. L)T6 S89' 59' 25' N 200.14 axe PAVErEfif PARK 6TRT 70,8/W - ASPHALT I � RR SPIKE Fdr ce sif) u • 06 CL a CU tO o to Permitted Uses in CBD Permitted Uses in Permitted Uses in IND Both CPD and IND Business School * Business School Business Office * Business Office Retail Service * Retail Service Retail store including outdoor * Retail store including outdoor display of merchandise display of merchandise Parking Garage or Lot * Parking Garage or Lot Restaurant, Cafe Research laboratory Personal Service Manufacturing, processing, except those which produce explosives Dry Cleaner, Laundry Printing Private Club, Nightclub Bulk storage of nonhazardous material Craft Studio jte s Medical Office Outdoor sales and storage, building contractor Commercial Indoor Recreation Wholesale sales and distribution Professional Office Veterinary services Railroad facilities Commercial laundry, dry cleaner Enclosed warehouse and storage CBD Special Exception Required Continued IND Permitted Uses Drive -thru Service * Drive - through service Auto service station, car wash Auto service station, car wash Radio, television, or cable Radio, television or cable reception, transmission or reception, transmission or operational facilities operational facilities Mechanical and repair services Mechanical and repair services Public Utility Public utility Public facility Public facility Marina, dock, pier House of worship Permitted uses in excess of 45 feet 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 e e in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of t lot ler) 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, m 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. NOTICE OF CONSIDERATION OF PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT NOTICE:, A PUBLIC HEARING 0111 be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, November 15, 2007 at 6:00 p.m. or as soon tbereafter as possible. The meetng will be hell at City Hall, 55 Soutlleast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Ronda To consider Comprehensive Plan Small Scale Future Land Use Map Amendment Ap- plication No. 07- 014 -SSA. The application is being submitted by Yddd Aaron, on behalf of property owner(s) Gwynn K. and Linda 0 Johnson. (SF) The applcalon is to cla Cj change the Future Land Use designation from (IND) for property located at 105 Northeast 9th Street Legal Commer- cial description being: Lots 1 through 7 and 17 throw 26 of Block 36, City of Okeechobee and is approximately 2.84 acre(s). The proposed use is to continue operating a machine shop. 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. The Planning Board will make recommendations to the City Council fa considera- tion and final adoption tentatively scheduled to Tuesday, December 4, 2007. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or heating will need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the ap- peal is to be based. General Services media are used for the sole purpose of back -up for the department In accordance with the Americans with Disabilities Act (ADA) and Flonda 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 heanng or voice im- paired, call TDD 1 =800- 222.3448 (voice) or 1- 888- 447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator Application No. 07-014-SS A 24 5964 ON 10/29;11/9/07 Lf _ L' ii J rt Sworn Co sub d before me this day of i \ A.D. 20 Nota Public, State of Florida at Large Je, Janetta ThiboUlt Commisslan # D0505311 T Expires January 10, 2010 ? o Bonded Troy Fam ineurance inc 800 - 385 -7019 i L City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974- 2903 Phone: (863) 763 -3372, ext. 218 Fax: 863) 763 -1686 Dale: / 0 1 ) C9 1 01 Petition No. 0 / - 01 ,S h. Fee Paid: VVt _Cook. Jurisdiction: t) °d �q`� 1st Hearing 1 1 )15 7 2nd Hearing: ' / '� / 4 /O 7 1 / ) Publication Dates: j7: i0 /aq -1`1g Cc Applicant mailing address: not applicable Notices Mailed: Contact person daytime phone(s): 863- 467 -4768 Fax: 467 -4618 Comprehensive Plan Map Amendment Application Please Check One: x Small Scale Amendment (Under 10 Acres) , Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): Gwynn K. and Linda P. Johnson `.!°► ; Owner mailing address: Post Office Box 266 Okeechobee, FL 34973 r . �>v I = c Name of applicant(s) if other than owner (state relationship): not applicable Applicant mailing address: not applicable Name of contact person (state relationship): Vikki Aaron - agent Contact person daytime phone(s): 863- 467 -4768 Fax: 467 -4618 ✓ Property address / directions to property: 105 NE 9th Street 3- 15- 37 -35- 0010 - 00360 -0010 Parcel Identification Number: 3- 15 -37 -35 -0010- 00360 -0070 Size of the Property (in acres): 2.84 acres jZ : . Y Current Zoning Designation: Industrial Current Future Land Use Designation: Commercial and Single Family Existing Use of the Property: Industrial Proposed Future Land Use Designation: Industrial Proposed Use of the Property: Industrial ' Description of Surrounding Properties:Commercial and Industrial uses Legal Description of the Property (Lengthy Description May be Attached): Lots 1 through 7 and 20 through 26, Block 36, City of Okeechobee Uniform Land Use Application (rev. 12/03) Page 1 of 2 nisei X Survey of Property (11" x 14 ", 20" Scale) X Letter Outlining Request N/A Notarized Letter of Owner's Authorization Application Fee (non - refundable) X City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days .1, I I ay result in p >. ary denial of this application. Signature Gwynn K. Johnson Printed Name Date October 11, 2007 Linda P. Johnson Ocotober 11, 2007 Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 180 r45 P APP0111 PPP_ NI _a.. co••e+. •..+ his Ilkrranty decd ...J ...naiad d.. 23rd Jar al February A. D. to 76h MACOMB LAND COM2A.YY. • r..pw.ri.n ..i•w,v —.6..6 6se..1 Michigan A..i.,., .1 49780 Van Dyke. Utica. Michigan kminefler tallest iA. •,.n.✓. CHYNN T. JOIDISON and LINDA F. JOHNSON, his wife. ,.A.,. poes.fl,e..JJ.... a P. 0. Box 266, Okeechobee. Florida 33472 . era A..+ns ai r►.do.l p1....1 A.r.in.fl.• r.l1eJ iA. ar wi..: .......,• ... bow. a..... •w•-� •... -papa..- el. • n:, '' Po b... ..r ProArenoweneg •....s. el .4..... PP r PP... OW .,.. d .....P•.1 Witncssdh: not tA. ••••••. f•• •••d b. e.a•al•noi.n of ,1 10.00 .r•J .iA.. r.Iw&l. r.nrtde..ti.....r.ipt rA•••nf i. A...& •r:•••441•J• b d••• .••••••u J..• Ir.n1. I.•r•t•i. /Len, Penh.. ..L... cofteeF .nd eenfu.. wb .Ae •.or.i....1 Ada c s.h, Ln/ ohm,. is Okeechobee Counts. Ft..•d...•It: Lots 1; 2. 3. 4, S. 6, 21. 22, 23. 24. 25 and 26 of Block 36, TOWN OF OKEECHOBEE, according to plat thereof recorded in Plat Book 2. pege 17. public records of St. Lucie County. Florida. SUBJECT to restrictions. reservations and easements of record. Together rid .tt .A, i........n1, A.../n.wwle .+d ••••••••••••a• .A■••• iet •n.ina e• h ."r .r1...pp.*LtnUy. To Ilan and to Mold, .A...,. M 1 .. .M.l. l•••a••. 17114 rA. •••arse A.•.As n.+n.ni. ,r11A ..44 p«1» 4.4 a r l.e•f.Jls ..1.4 .1 ..14 lea M f.. 13.1 a has e..4 seta ..J larf l ..t3* np w ..n ...J now., .lid l...f, .Aei a ALL, I..nr .w. ,.nl. 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Thy L trwmt l( perm/ by: 1.1607 TOM W. CONELY Itl 207 W. 2nd Street Okeechobee. Ronda 33372 111DrXED & VERIFIED I Morns j p. f[i.y.a:y'Y. t '•^ tt.4t7$ �sr l t.ce� re,�PCMC' P.40/11/7117711 �'1'C..MG 1nN twOn •r.Wu/C[ w0[awetfR' 4444 `' 113 xZ39 ..... w 4444..... =,ems OWNS. e#..... This illarrantg Dud M.J. d. 3rd_ !.s d April A. D. to 69 it HOWARD WISE and IXLZ WISE, Husband and wife A.e.e.441..e e.714 14. r•+'••. •• C:171111 K. JORN O11 or LIJ)A P. JOIOISON, husband and vifa •4.,. o.#.ff Jd.... se 915 Stafford Place, Aceecbobee, Florida 33472 A..W..f..e ewamJ d. s•e••i..: 04.4.....4 Y... 4. w 14.• e.. . r...e. r — w w. Y...me....4 •. ...1 by — 4 •••■•••••■ w. ea 4444.. e.. Y 4 ..T4.04 i(Jitacsstth: n.s d........., i.. ea in .....J...a.n .j d..w. •f • 1.00 a d ceder .+:.rid. e.n4%w.H........40 .4....f Y 4...i, ei.w' & rL i•••i/ pw".s. iwf4••i. ..Flt Arms, w. .4.... ,.l...... ewn..7e n.J ee..f..44 ....e .. /wow .a ■... 4•ed. 1.4 or olit w Okeechobee C..&,. F7..Ida. rest Lot, 7, 17, 18. 19 end 20, Stock 36, City of Okeechobee, arcordin6 to play, thereof on file in Plat Sock 1, page 10, public records of Okeechobee County, Florida. 044 d Po T 1441 0.. o.9. CANGat Lit : (1}; Together .b...n«n.,. 64..1rs....ww ad ......e.n.n...:...,. 166■.■e 4444 a sap rr4.. 0004 .. .1.. To {iaue and to MI, d..a. w fee w...1. Ia...•. Bad th...wn... r..es&, ti......4s .tee e.ia s.w..nt dr d.. s..•... Unfera,..h.14...J 1.4 M F• r.nale: 664 do r-' Aar .«1 .yf i ...J 1n+%a4 . S.m, 111. .ea 4444.! s.••.s ...J 1..1, dr d. 44.44••.• A.++b f.a7 .'+...e. dm sd1. le .dJ 1•.J ..4 ma 44.4 A. alma seekse d• 1.+1.1 dee.4 •l .a ....A........., .n1 4.....J lad . tnse 4 .a imen.+e..n.....ws+ i.... aee.w ..{-..nf wf�....6..si. ro in Witness WUhrrtof, d...+J ....4.e Ace .....d ...J 11.•..1.....++4.., 5..•.ed....W Immo.wde der ...J7... mom ne FLORIFk ou r M OKEECHOBEE 1 Hk?UV CII.RTIry 44 w 04 M. 4A..• we. r •.e. 4.1, .....w... 4444.. 11,44 44.444 w.. M fe. 0....4 &...w r ..M .. d,..•.. p., .••b •1+•••�+ Howard Wise and Inez Wise, husband and wife 44 .w ►.,ri"., w ',At,,.,,,. a 44444 w ...4 ..fow wed w. 1"."4"8-.6"."'6'• _....e ,,FVey...�.rasne 1444... w :a.. they M7NESS ie2.1.4 .d .6,4.4 4*J 1.... C. r. _ s... 1.4 .l4...0. 4444. r 64 4 . pri1 !,=,' . w n. is 69 IrEmp _ o C • Ea nrr N ..., Th� et, o azt: 1 Z 8a .o re 20 Es ., = n cn 1• Gwynn K. and Linda P. Johnson Property Owners and Applicants Statement Outlining Request Gwynn K. and Linda P. Johnson currently own Lots 1 through 7 and Lots 17 through 26, Block 36, City of Okeechobee located at 105 NE 9th Street. The property is approximately 2.84 acres in area. The applicants purchased a portion of the property in 1969 and relocated Kelley's Machine Shop to the subject property. In 1976, the applicants purchased adjacent property. The machine shop has operated continuously for over thirty years. The subject property is currently zoned industrial and lies within both Commercial and Single Family future land use classifications. The applicants wish to continue operating the machine shop and are seeking a change in the future land use classification in accordance with current regulations. The applicants believe the requested change in the future land use classification is consistent and compatible with the current industrial zoning designation, surrounding uses and the general area. The applicants respectfully request that the Planning Board recommend the City Council approve the request for a small scale map amendment. -At City of Okeechobee Zoning Map MCI = ZSPEEt4:12VICII 72Z2:94=S212. 111111111111111111 nemmosii: pstfit-pi F3:111r-11 ty,t! ZONING UNICORPORATED •CBD •CHV CLT CPO IND 11111 PUB LDRMF RMI1 RSFI CoS AUGUST SI. 2006 CHANGES WERE MAIDE TO THE OFFICIAL ZONING MAP THROUGH BONING PETITION NO 0600.17 CT, OF OKEECHOBEE. ELCRIDA.. CI, CLERK: LAME GAMIOTEA M.. ADMINISTRATOR. BRIAN .11TEHAU. 0 0.125 0.25 0.5 0.75 • Miles General Notes Alleys shown here. are 1501 20 feet in width. See appropriate subdivision plat for specific alley widths This map has been compiled from the most Cunent data aVailable. The City of Okeechobee is not responsible for any errors or omissions contained herein LOT II LOT 12 LOT 13 LOT I d 1 LOT 15 PP LOT 16 RETAIL TORE // /A7( ; /// / // O O� P8F:Unnumbered LOT6 1-7: 1. 191 ACRE6 +/- LOT6 17 -26: 1. 65 ACRE6 +/— N. E. 101H GTREET 61 XTEErtTH AVENUE I P 100' RN RBF: Unnumbered =' O : J RBF w /Yellow Cap ROADBED N89' 59' 38' E 370.50' I F) 370' (P) RBF: Unnumbered DAMAGED GREErHOL6E6 MOT LOCATED TO BE REMOVED N89'56'27'6 370.28'1 F) 370' (P1 15 ALLEY x -" BR 1 CK /FR I VACY FE1KE 011 FOOTER N90'00'00'M [ASSUMED) 512.57'1 P1 512.5' WELL 0 RBF: Unnumbered (P) 500'04'30'11 20.00'(F,P) —. N O J 569'59'23'11 512.36 (F1 512.5'(P) um 5 Loose RBF: Unnumbered Reset Loose RBF: Unnumbered Reset RBF: Unnumbered UT6 / / /// i // % /// % // /1ATt /< rt E. RTH CTREET F I FTEET1TH 6TREET [ P 70'R /M 60 30 0 60 SCALE : AS SHORN TYPIGmir LOSE MD (THERE APPLICABLE -SEE 36561 S) APE c60TEL POINT CIF- �CO9IICRREETTEE 1 O) 101100 RIND NOWLIENT 57:2- /CIE6W FOLIC I6 S-SIEPEB A SET e!Cep eb.5176 POL- POINT -9. -CITE U10- IMITED TFLf9f0E SERVICE PPL-FLORIDA POWER 1 LIGHT CO. (F1 -FIELD 663066 IM-AS P66 PLAT (C)7- CALC.0ISTANCE 101-50 PER CEEB S/T -SEPTIC TANK NN -WHOLE FC -FENCE COINER PP -POWER POLE CNP- CM16.1ET.PIPE T06-TOP OF 85* RCP- IEIIF.CONC PIPE co -CATCN BASIN —d'-- REMO. LINE NN -MATER 1ETEO — I— FENCE.UNE uS- 6CEL660* Q.RVE'YOR 117T6 L. Bearings shown are rotative assuming 69090'00'W along SR/11 15'ALLEY. 2. This survey Is based on Inforeatlon provided by the custoser/agent and no search was made of public records by tills off ice to verity or deny mere. easements, or right -of ways. 3. No visible or underground improvement has been located except as shown. 4. This survey Is not valid without the signature and the original raised seal of a Florida Licensed Surveyor end Mapper. Additions or Deletions are prohibited without written consent of Surveyor. 6. According to FIRM gap dated 2/04/1991 panel 120177 S, parcel Iles In Not Included Area of City LISlts, Flood Zone C. per Okeechobee County Planning C Zoning Deportment. 6. Property Address Is: 106 11.E9th Street. Okeechobee. FL 7. There may be additional restrictions that are not recorded on this survey that say be found In the Public Records. EtU DARY SURVEY Ge LOTS 1-7 1 17-26, BLOCK 36, OKEECH09EE. according to the plat thereof as record- ed In Plat Book 6. Page 6 of the Public Records of Okeechobee County, Florida. w FLD. DATE: 9/27107 WANING .:20258 P 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: Gwynn K and Linda P. Johnson Petition No. 07-014-SSA From: Commercial and Single Family to Industrial Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Gwynn and Linda Johnson Petition No. 07- 014 -SSA General Information Owner Address: Contact Person: Contact Phone Nurnber: P.O. Box 266 Okeechobee, Fl 34973 Vikki Aaron 863.467 =4768 Existing Proposed .ffor Zoning District Vse. =oropert!, Acreage Location: 105 NE 9th Street IND Machine .Shoj 2.84 acres erdial,3?ffices IND Legal Description: Parcel 1 — Lots 7, 17, 18, 19, and 20, Block 36, City of Okeechobee, according to the plat thereof on file in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. Parcel 2 — Lots 1, 2, 3, 4, 5, 6, 21, 22, 23, 24, 25, and 26 of Block 36, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Request: The matter for consideration is an application for a Future Land Use Map Amendment from Commercial and Single Family to Industrial. Based on the size of the property (2.84 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. 1 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Gwynn and Linda Johnson Petition No. 07- 014 -SSA Adjacent Future Land Use Map classifications and Zoning Districts: 14orth, Future and l seMap Class cation I Cuiti 1= attlily Zoning District: RMF E tstrng Land Use: Vacant:.. East: FiltUre ;and`,Use Map Classificati.c Zoning District: l kistitti,Land .1i south: Future 1L2 d, Use Niap Classificati Zoning District: Existil tg Land Use_ Patti Farm RMF vacant :.ir Industrial IND Ware f use West: Future Land.;Use.Map Classification :, Comm.ercial.; Zoning District: CHV Ewing Land Use iri m►i Summary: The subject property has been under the ownership of the Applicants since 1976. It is has been and continues to be used as the location for a machine shop and the Applicants intend to continue this use. The site is designated as Commercial and Single Family on the Future Land Use Map. The Applicants would like to amend the Future Land Use Map to Industrial to be consistent with the longstanding industrial use of the property and its IND Zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The Applicants' request is consistent with Comprehensive Plan and the Future Land Use Element. Granting this request would eliminate the inconsistency between the Future Land Use and Zoning, thereby implementing Policy 2.4 of the Future Land Use Element. Further, the request is consistent with Industrial future land use category as described in Policy 2.1(e). B. Concurrency of Adequate Public Facilities The subject property is now served OUA and because the existing use is merely being continued, no further burden can be expected upon provision of water and server services. Similarly, traffic should not be increased beyond that anticipated under the long- standing industrial zoning. C. Compatibility with Adjacent and Nearby Land Uses The requested Industrial Future Land Use category would be compatible with the adjacent and nearby uses. The property is surrounded mainly by vacant properties and 2 Staff Report Applicant: Gwynn and Linda Johnson Small -Scale Comprehensive Plan Amendment Petition No. 07- 014 -SSA because the site has been in operation for so many years, Staff does not expect the requested amendment to create any new problems of incompatibility. D. Compliance with Specific Standards of the Plan. Based on the above information, this request is compliant with the specific standards of the Comprehensive Plan. The Plan's Goals, Objectives and Policies support Industrial uses at this location. Analysis and Conclusions Staff recommends that the City of Okeechobee find that this request is consistent with the Comprehensive Plan and recommends approval of the Applicants' request to amend the Future Land Use Map from Commercial and Single Family to Industrial. Submitted by: James G. LaRue, AICP November 7, 2007 1st Hearing: Nov 7th LPA. 3 sStaff Report Applicant: Gwynn and Linda Johnson Small-Scale Comprehensive Plan Amendment Petition No. 07- 014 -SSA City of Okeechobee Future Land Use Map r r0 1 22 23 24 25 26 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY Ile COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 4 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Gwynn and Linda Johnson Petition No. 07- 014 -SSA City of Okeechobee Zoning Map 5 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Gwynn and Linda Johnson Petition No. 07- 014 -SSA Okeechobee County Property Appraiser Aerial Map 3-15-37-35-0010-00360-0070 JOHNSON GWYNN K d, LINDAP 3-15-37-35-0010-00360-0070 JOHNSON GWYNN K & LINDAP 0.842AC 14/1/1969 - $2,500 -1,0 SEABOARDaCOAST4LIN 4S4' 6 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 eC° Qc1h(t 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 \k (tie') 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.` ) ribed before me this Swonl and ci`AN day of ELI A.D. 20 C}t Public, State of Florida at Large NOTICE OF CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING will be hell before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Thursday, November 15, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Florida. To consider a request for a change in zoning from the e>asting classification of Resi- dential Single Family-One (RSF -1) to the proposed classification of Heavy Com- mercial (CIIV) tor PMon No. 07. 015 -R. The petition is being submitted by Bradley G. Goodbread, on behalf of property owners) GAGBEE, Inc. The property is located at 2103 Southwest 2nd Avenue. Legal description: Lots B and 9 of Bock 46, First Addition to South Okeechobee, and isapprowmatety 0.325 acres. 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. The Planning Board will make recommendations to the City Council for considera- tion and final adoption tentatively scheduled for Tuesday, January 15, 2008. ' PLEASE TAKE NOTICE AND BE ADVISED that B 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 Ronda 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). BY: Brian Whitehall, Zoning Administrator Petition No. 07 -015 -R 245958 ON 10/29;11/9/07 o�PRY PVC/ Janetta r hibouRR Commission # DD505311 o` Expires January 10, 2010 9� or vvO° Bonded Troy Fein insurance Inc 800- 3857019 LI, ,nctrtJJV,U X1,1 7 6 2007 City of Okeechobee General Services Department 55 S.E. 3r' Avenue, Room 101 Okeechobee, Florida 34974 - 2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 10110101 Petition No. 0 1 ..*) 16.6 Fee Paid: j .:g-, Jurisdiction: bri / l ' eA' ,�, j 4. t t A "'- 1st Hearing: l } {ui 2nd Hearing: lit `�! slo g ( Publication Dates: ( , , Notices Mailed: Contact person daytime phone(s): (, 3ti--,9 0 / Fax: 46'7 JAlf o0 Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): 6ii DG � / v 4— Owner mailing address: /a57.5 / er / - 3 q91 Z Indicate current use of property: Y liCik„.5 r SiJ‘3 m ILV RE,cith5,0- A P P L 1 A N T _ Name of applicant(s) if other than owner (state relationship): / l ' eA' ,�, j 4. t t A "'- ®l Applicant mailing address: g- is he subject parcel your total holdings at that location? If not, describe the remaining .or intended uses: -7-4-&-- '% jy ©u-v.) R- _,oF g Name of contact person (state relationship): `B ""' Y 1(.E 045:siDE-xyr Existing zoning: 6 Future Land Use classification: Contact person daytime phone(s): (, 3ti--,9 0 / Fax: 46'7 JAlf o0 ✓ Property address / directions to property: R 0 P E R T Y Indicate current use of property: Y liCik„.5 r SiJ‘3 m ILV RE,cith5,0- Describe improvements on property, including number /type of dwellings and whether occupied (if none, so state): V4 ME 14o - i , 0 y'/ 5F r -t. Approximate number of acres: 0, 3 2 Is property in a platted subdivision? n%a,J Le there f e a current or recent use of the property that is /was a violation o count\ ordinance? if so. describe: + 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: hitc:i is a sale subject to this application being granted? /V is he subject parcel your total holdings at that location? If not, describe the remaining .or intended uses: -7-4-&-- '% jy ©u-v.) R- _,oF g Describe adjoining land uses / improvements to the North:A'how,ead.► South: CINI mvegjit L. East: West: g55S, Existing zoning: 6 Future Land Use classification: Actions Requested: (V) Rezone ( ) Special Exception ( ) Variance Parcel Identification Number: 3 - "2& 31- 36 Aoit✓ 59 " opi- o -oc, IQ Confirmation of Information Accuracy i he -eby certify the City of S5 .00 a Signa ure hat the inf• `r elion in this application is correct. The information included in this application is for use by ! eechobee�''�l'.ces 0 my request. False or misleading information may be punishable by a fine of up to • •n rT a • _ up 0 days and may result in the summary denial of this application. .401° Printed Name A2 cr-r- a200 7 Date Uniform Land Use Application (rev 1/031 Page 1 of 2 Uniform Land Use Application trey 1103) Page 2 of 2 Current zoning classification: R S I 1 Requested zoning classification : C S P E R z 0 N E What is your desired permitted use under the proposed classification: (o3fr/n L l `� a e.),Pi v -Ai-r' Are there other similar uses in the area? IP so, describe: Why would granting your request be in the best interest of the area and residents? If granted, will the new zone be contiguous with a like zone? kie Is a Special Exception necessary for your intended use? Ar1 Variance? No Uniform Land Use Application trey 1103) Page 2 of 2 Describe the Special Exception sought: S P E C I A L E X C E P T I 0 N Provide specific LDR ordinance citation: Are there other similar uses in the area? IP so, describe: Why would granting your request be in the best interest of the area and residents? if business, briefly describe nature including number of employees. hours_ noise generation and activities to be conducted outside of a building: Uniform Land Use Application trey 1103) 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 trey 1103) Page 2 of 2 This instrument was prepared by: Return to: James M. Gann, P. A. P. O. Box 1596 Belle r, .,. F1.33430 sec's on No. 0-00460-0080 ��o This Inde ? re, made this EDW FILE NUM 2007010944 OR BK 00636 PG 1729 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 08/07/2007 01.00 :08 PM RECORDING FEES 10.00 DEED DOC 1,750.00 RECORDED BY R Parrish Ps 1729! (fps) WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) a 0 day of /'i1.4 t,e.si . STZEMORE, SR., a single person whose post office adder 203 S. W. 21st Avenue, Okeechobee, Florida, 34974 oldie County of Okeecho . ;,,� , State of Florida, grantor', and GAGBEE, IN Florida corporation whose post office address is 1 of the County of Okeechobee 70 East, Okeechobee, Florida, 34972 tame of Florida, 17 v Witnesseth that said grantor, fora • 'on of the sum of ($10.00) 2007, Between grantee, Ten and 00/100 Dollars• and other good and valuable considerations to' • in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit Lots 8 and 9, Block 46, FIRST ADDITION (1, SOUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and rrAkeechobee County, Florida, recorded in Plat Book 1, page 17. CC ='- Subject to restrictions, reservations and easements of recd es subsequent to December 31, 2006. and said grantor does hereby fully warrant the title to said lan-ain. defend the same against lawful claims of all persons whomsoever. ' "Grantor" and "grantee" are used for singular or plural, as context requires. ess Whereof, grantor has hereunto set grantor's hand and seal the day and year first ve written name) a4;ff 1e 3-- ,,/'% • t /1�ni •• . T,nor 111. L.Ocol) Plr- STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged is personally k00wn a or produced My commission expires: this to h9 tor: Printed name: EDWARD J. SIZEMORE. SR. Grantor. Printed name: day of L"i'146L1.5'T , 2007, by EDWARD J. SIZEMORE, SR. He as identtf cation. No Public Linda M. Woodham Commission # DD385441 Elm Februny 10, 2009 Immiritsyrift -Vormse. aooaa 1DI Book636 /Page1729 CFN #2007010944 Page 1 of 1 L/_3Cal elLRGSUIIs Okeechobee County Property Appraiser Last Updated: 10/8/2007 Parcel ID: 3- 28- 37 -35- 0050 - 00460 -0080 Owner & Property Info use 2007 Proposed Values Retrieve Tax Record j Property Card I f Interactive GIS Map j r Print New Super Homestead Taxable Value Calculator Owner's Name GAGBEE INC Site Address 2103 SW 2ND AVE, Okeechobee Mailing Address 12575 HIGHWAY 70 EAST OKEECHOBEE, FL 349720000 Brief Legal 1ST ADDITION TO SOUTH OKEECHOBEE LOTS 8 & 9 BLOCK 46 Total Land Area 0.325 ACRES Neighborhood 518652.00 Tax District 50 UD Codes 351/403 Market Area 40 DOR Use Code SINGLE FAM (000100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863 -763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $54,810.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $32,795.00 XFOB Value cnt: (1) $217.00 Total Appraised Value $87,822.00 Search Result: 1 of 1 GIS Aerial 0 42 84 126 168 210 252 294 ft 2007 Proposed Values Just Value $87,822.00 Class Value $o.00 Assessed Value $87,822.00 Exempt Value $o.00 Total Taxable Value $87,822.00 Sale Date Book/Page Inst. Type Sale VImp Sale Quai Sale RCode Sale Price 8/2/2007 636/1729 WD I U 03 $250,000.00 12/1/1993 351/403 WD I U 03 $32,500.00 6/1/1988 295/1857 WD I Q $39,000.00 Ci eristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show -ketch 1 SINGLE FAM (000100) 1940 904 1054 $32,795.00 c: Out E!; € €dirig Code Desc Year Bit Value Units Dims Condition (% Good) APA N4 AL PIER AL 1991 $217.00 28.000 7 x 4 x 0 PD (50.00) Le d CAM! Lnd Code Desc Units Adjustments Eff Rate Lnd Value 0675P8 SO SIDE ST (MKT) 100.000 FF (.325AC) 1.00 /1.00/1.00 /1.00 I $548.10 $54,810.00 Okeechobee County Property Appraiser Last Updated: 10/8/2007 Search Result: 1 of 1 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ ( Contact Us http://www.okeechobeepa.com/GIS/D SearchResults. asp 10/12/2007 BOUNDARY SURVEY PREPARED FOR GA GREF, INC. DESCRIP770N: LOTS 6 AND g BLOCK 46, FIRST ,400 /77019 TO SOUTH OKEECHOBEE, ACCORDING' 177 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 1y PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NOTES /LEGEND: 1) UNLESS SHOWN OPIERW7SE, ALL DIMENSIONS ARE PLAT(8) AND MEASURED(M). 2) PARCEL /O: J- 28- 37- 35- 005O- 00460- 0080. ZONE: ZONE UNDETERMINED, PARCEL LIES 0/THIN THE OKEECHOBEE CITY LIMITS 4) THIS SURVEY IS NOT INTENDED TO DEPICT JUR /SOICPONAL AREAS OR 07HER AREAS OF LOCAL CONCERN. 5) 771E SURVEY DEP /07E0 HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDITIONS OR DELETIONS 70 SURVEY MAPS OR REPORTS BY OTHER 77-IAN THE SIGNING PARTY OR PARPES l5 PROHIBITED WITHOUT WR /T7EN CONSENT OF THE SIGNING PARTY OR PARPES. 6) THE 0E5CR /P T/ON SHOWN HEREON WAS PRONGED BY THE CL /ENT OR THE CLIENTS REPRESENTATIVE. 7) BEARING REFERENCE 771E EAST RIGHT— 05— WA Y OF SW 280 AVENUE /5 TAKEN TO BEAR NORTH 003527" WEST. 8) DATE OF LAST F7E10 SURVEY: 01/05/06. 9J WPP — WOOD POWER POLE PREPARED FOR 77IE EXCLUSIVE USE OF GAGBEE, INC. 1 1 BOUNDARY SURVEY 10/15/07 FILE WC 458 DESCRIPTION 0W0. DATE . F8/PC or CA" SCALE l s = 30f DRAWING NUI/BEN: 21409 l \,311117 1 OF LEGEND 0-sal ,ran Rod 004 Cop 18.05 6719 • - Fond CM •-Food Iron Rod (and Cop) a -Frond pipe (,,n, Cop) ABRR[ RA110N8n ..cn,we a c- cwoe.I.x: urv-w. rv, m Bore' ow..a a.0ne o CwH M• o-F.a n.-ral :rss 0y,•a..,nh .. ier:r I.wwee le-tee less het 8.08. w� nil a s soil isne o un esbl rle�nx •I. 10 x,s.lbi~eo Cape wr=M. i..w%t w .showy I Caw airora^ae' o =r w s .�'wrlliu.w ei , .yA � t m -1 w0avw�i trta nnw.sl�X u,swl•MbT. Jb•b.r [swan bows * OOoo. • 65LANOAR0 N01E5: 1. No •earah of N. pobllc record. for determination of ownenhb n r..krl6000• a1l.,On9 lh. 1004. shown no. performed by the earvepr. 2. The survey depleted here Is prepared exdu&My for those port. noted. 3. No responvibNity or Ib 11117 le oeeumed by Ine surveyor fn use by others not o.0Oealy nerved. 4. Not yolk; without the elgnolare d embossed s.d I Florida licensed eurnyor ond mopper 14820. • 5. mere ore no 0.101. °boss ground enoroo nmente except a. en �> nwoa r) ow purl of B. No attempt wax mode to locate anderyroded M le and/or daoe0l. (11 on MH why. 7. Thl. Volutes. vies prepared h accordance with minimum leMNod .landords established by the Florida Bond of Surveybre and Mappers (Chapter 81017 -8. F.AC.) pursuant to Section 472.027, Florldo TRADEIYINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 B.N. 3rd avenue 0keeohobee. Fla- 34074 Tel: 083)-783-288T X4/.4414 A Kenneth A. Bteeux, Jr (Pik 4820) ....la el kuUsarlatiew n.. u me 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 Rezoning Request Applicant Bradley Goodbread Owner: Gagbee, Inc. From: RSF-1 To: CHV Petition No. 07-015-R Staff Report Rezoning Request Applicant: Bradley Goodbread for Gagbee Petition No. 07 -015 -R General Information Commercial Use of Property' Single Family Retail Commercial Access SW 2nd Avenue Location: 2103 SW 2nd Avenue Legal Description: Lots 8 and 9, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Okeechobee County, Florida, recorded in Plat Book 1, Page 17. Request: The Applicant is requesting rezoning the subject property from RSF -1 to CHV to allow for retail commercial development of the property. 1 Staff Report Rezoning Request Applicant: Bradley Goodbread for Gagbee Petition No. 07 -015 -R Adjacent Future Land Use Map Classifications and Zoning Districts: Mari Mare Land UsesMap Classification: aommercia .iatmg Land Use Commercia ure Lana Use MapY Classif cation , Commercial': Commercia Future Land-Use Map, Classification: ommercial ;- "Existing Land Use: Vacant Commercial West: Future Land Use Map Classification: , Single Family Existing Land Use: Single Family Summary: The subject property is developed with a wood -frame house. The Applicant is requesting rezoning the property from RSF -1 to CHV in order to develop it commercially. The parcel is already designated as Commercial on the Future Land Use Map and this request will make the zoning consistent with the future land use designation. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed use is not contrary to the Comprehensive Plan requirements. This request would further the Goals, Objectives, and Policies of the Future Land Use Element and bring the zoning of the property into consistency with its land use designation. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the proposed commercial retail uses is allowed by the Unified Land Development Code. Specifically, section 90- 282(2) allows retail services and retail stores as a permitted use in the CHV Zoning District. 2 Staff Report Applicant: Bradley Goodbread for Gagbee Rezoning Request Petition No. 07 -015 -R 3. The proposed use will not have an adverse effect on the public interest. No, the proposed retail commercial use or CHV Zoning will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed commercial use and CHV Zoning is appropriate for this location. The requested use will be compatible with adjacent land uses and will not be contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed commercial use and zoning district will not affect property values or living conditions. By allowing this request, its development will be an encouragement for the development or improvement of adjacent property. 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 necessary, the Technical Review Committee may require that the property be buffered from nearby residential uses. However, this will be determined during the site plan review phase of this property's development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, density and school concerns will not be an issue. Utility services are already provided to the existing use. Some increase in traffic can be expected, but this would be expected under the Commercial future land use designation. To the extent that traffic becomes and issue, it will be discussed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As discussed in #7 above, traffic congestion, flooding, and drainage considerations, and any other problems that may arise from the development of this property, will be discussed during the site plan review phase. 3 Staff Report Applicant: Bradley Goodbread for Gagbee Petition No. 07 -015 -R Rezoning Request 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions being placed on the property are those which are set forth in the City's Unified Land Development Code and the City's Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezoning of the property does not constitute a grant of special privilege to the owner. All similarly situated lands with a Commercial future land use designation could be expected to be treated similarly. Recommendation Staff recommends approval of the request to allow rezoning from RSF -1 to CHV permitting the Applicant to develop commercial uses on the subject property. Submitted by. James G. LaRue, AICP Planning Consultant November 7, 2007 1st Hearing 11 -15 -07 LPA. 4 Staff Report Rezoning Request Applicant: Bradley Goodbread for Gagbee Petition No. 07 -015 -R City of Okeechobee Zoning Map 5 Staff Report Rezoning Request Applicant: Bradley Goodbread for Gagbee Petition No. 07 -015 -R City of Okeechobee Zoning Map ..a.c a... yea naeu 5 0.125 0.25 0.5 0.75 Mies • General Naos ys sewn !wow yr. snv re.. Md. Se. = uw,a. am aeecrK **:a±., -,s nap rx betr cong.e4 !ma eumor. t! :era lass a:aix.e.' a; a Obeaub. Q ew•esv�we rx al, -re at crns:ors m areor.we. -. 6 Staff Report Rezoning Request Applicant: Bradley Goodbread for Gagbee Petition No. 07 -015 -R Okeechobee County Property Appraiser Aerial Ma ACBEE► 0.325AC 8Q7. 7 BOUNDARY SURVRY PREPAR) D FOR GA GBJ?E, INC. DESCRIPTION: LOTS 8 AND 9, BLOCK 46, FIRST ADD/770N TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT /HEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. MCDNUM 9 50 SCALE IN FEET MAP SCALE: 1 NCH w 30 FEET PROJECT SPECIFIC NOTES /LEGEND` 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M). 2) PARCEL ID: 3 -28— 37-35-0050-00460-0080. 3) F./.R:M. ZONE' ZONE UNDETERMINED, PARCEL LIES HI THIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JUR /SD /C77ONAL AREAS OR DINER AREAS OF LOCAL CONCERN. 5) 7HE SURVEY DEPICTED HERE /5 NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE ADDI77ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN 7HE SIGNING PARTY OR PAR77ES IS PROHIBITED WITHOUT WR! /TEN CONSEN T OF THE SIGNING PAR TY 01? PARTIES. 6) THE DESCR/P TION SHOWN HEREON WAS PROVIDED B Y THE C.I. /f N T OR IHF Cl /FN I 'S REPRESENTA TI VE. 7) BEARING REFERENCE: THE EAST RIGHT —OF —WAY OF S. W 2ND ALLNL /F IS TAKEN TO BEAR NORTH 00'35'27" WEST. 8) DATE OF LAST FIELD SURVEY 01/05/06. 9) WPP = WOOD POWER POLE. PREPARED FOR THE EXCLUSIVE USE OF. GAGBEEr INC. i DOW 75 O SW 21ST STREET rA5vw6tr 00r0) 4a' M'/) 5' 895958' E 142.76x0) 142.50(') . _-17047I 6o P` (0r? S 495958" E 142367(x) 742509') 0077 . &MX 46 UMW 107 MOO( 46 Aa-M SA' PO. 500 • CA 7000 05 4070" N 8959:30" E 14236 (M) 142.50YP) x0108 1�' 0700 Rao pA7 00) a1• e: E77M0 .7/4" Ewe (1.9 10.) n9'e Iry� •g$ ,n,.,0 ,,. WO. per Oro ,^ O ; LOT 8 BLOCK 46 507E. EASING RESOENCE ANC 0111Er IMPROVE/47.17S ARE 70 BE REMOVED AND HERE NO7 LOCe100 AS PANT OE 7145 SURVEY PER MOVERS REQUEST . TOTAL PARCEL CONTAINS ±0.33 ACRES LOT 9 BLOCK 46 S 89 58'25' W '42 38 (U) 142 507P) ratty 5/8" LS 44710 1 CANO S S Bp tar 10 elaar 46 31450 .400000 70 50070 00050001 (P$ L Pa 77) 5 89575. W 142.391I) 742501') / BOUNDARY SURVEY 10/15/07 FILE WC KAB DESCRIPTION DWG. DATE FB /PG er CK SCALE / A = 301 DRAWING NUMBER.: 2 / 409 J SHEET 1 OF 1 LEGEND 0-Set Iron Rod and Cap TWPS 6719 1 -Found CM • -Found Iron Rod (and Cop) CT -Found Pipe (and Cop) ABBREVIATIONS It Bosdk.e e1.1- 8endunork; l - Center»Vne: C.CdMated; CAN -Goble rv: CM- Concrete Mononett CONC.Co0Cele: D =0004 o.Ddln or Control Angie E.Eoett E•LY.Enat.4t rEdpe of Po0ement ESMT- Eosement F.LrR_.Y-L. -Flood 'neurones Rote Men trN'+wrd; IP -'on Pipe F&(C).bon Rod (ond O CPO: t.(Arc) Lyngln: M- leeo.ured; MN.Monhde; N- North: N'LYwnfortherty 14GY(D).Hotlond Geodetic Yeeticel (Bohm) of 7929: NTS -Not to Scde: Eeiw- O.erhead YAree; it- Properly Line: P-Pbt. PC.POInt of Curvature; FCC.Poinl of Compound Curvature: PC, Penne,enl Control Point: POB -PoInt of Beptnninot FOG -Point of Co.vnencemeoL PRC.Po'nt of Revere. Curvature; PRM- Permo,.eni Reference Monument' PT - Point of Tangencyy. Plldc0wPUdk UtOitiy one Orainoge: R- Rodk.a: R/W-Right- of -Woy. Srg00th; SLY.Southerly, T.Tonoent: TEL. Tdednone Splice 0' Switch Bort W -weft: WLY- Wptely. UTI•Utiity(iee): >0-Spot EIeolion based on indirnled 00700. (STANDARD NOTES: • 1. No search of the public records for determination of ownership or restrictions offecting the londs shown was performed by the surveyor. 2. The survey depicted here Is prepared exclusively for those parties noted. 3. No responsibility or [lability 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 encroadhments except as shown. 6. No attempt was made to locate underground Improvements and /or encroachments (if any) as port of thle survey. 7. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61017 -6, F.A.C.) pursuant to Section 472.027. Florida Statutes. tors many y � , MAO 5/8' Pa' 5a7 111 ' 5 Le 6n9" Wp h^ 2;;,- LOT J many 46 801 SA- CAP 7640 a 4820' 0' 5/8' 0100 800. 417-'""' 8 uv vas to 6nP' TRADEWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (883)' 783 -2887 Kenneth A. Breaux, Jr. (PS1A 4820) CerWio,t4 of Aulhorlmllon No. LB 6110 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 t in the matter of .L'C i"l (. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of t CA.\ 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. Sworn to dad ubscri day of K-) NOTICE OF CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION AMENDMENTS NOTICE: The City of Okeechobee Planning Board/Board of Adjustment and Appeals will meet as the Land Planning Agency on Thursday, November 15, 2007 at 6:00 p.m. of as soon thereafter as possible to consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Development Regulations (LDR's). The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Flori- da A copy of the agenda are available in the General Services Office, Rm 101 at City Nall or by calling Betty Clement at (883) 763.3372 x 218 PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this meeting, or hearing wit need to ensure a verbatim record of the proceedings H made; which record includes the testimony and evidence upon which the ap- peal is to be based. General Services media are used for the sole purpose of back -up for the department In accordance with the Americans with DisabilNes'Act (ADA) and Honda Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contactBetly Clement, no later than two (2) Worldng days prior to the proceeding at 863.763 -3372 x 218; if you are hearing or voice im- paired, cafl 150 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). BY: Brian Whitehall, Zoning Administrator ( a.� fore me this , o�pRV °t ;.a i..a Janetta Thiboult A.D. zo : Commissfor. # DD505311 1, o` Expires January 10, 2010 9'' or & Bonded Troy Fain insurance inc 800 - 385 -7010 c ( ry Public, State of Florida at Large MEMORANDUM CITY OF OKEECHOBEE GENERAL SERVICES 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863 - 763 -3372 EXT. 218 TO: Planning Board FROM: Secretary Clement SUBJECT: Revision to LDRs DATE: November 6, 2007 Draft for review by the Planning Board /Board of Adjustment and Appeals. Amend Light Commercial (CLT) ref. Sec. 90 -253 Special Exception Uses ADD: (5) Adult family care homes or assisted living facilities as provided by law. Amend Commercial Professional Office (CPO) ref. Sec. 90 -223 Special Exception Uses ADD: (10) Adult family care homes or assisted living facilities as provided by law. Amend Heavy Commercial (CHV) ref. Sec. 90 -282 Permitted Uses ADD: (13) Adult family care homes or assisted living facilities as provided by law. ADD: (14) Public or Private Hospital