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2008-11-12
I. CALL TO ORDER - Chairperson. Planning Board /Board or Adjustment and Appeals, November 12, 2008 6:00 p.m. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 12, 2008 SUMMARY OF BOARD ACTION II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Mike O'Connor Board Member Douglas McCoy Board Member Malissa Morgan Alternate Member Osiel Torres Altemate Member Karyne Brass Attorney John R. Cook Senior Planning Consultant Bill Brisson Secretary Betty J. Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 23, 2008 regular meeting. PAGE 1 OF 3 Chairperson Maxwell called the November 12, 2008 meeting to order at 6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Present Present Present Present Absent (with consent) Present Present Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the October 23, 2008 Regular Meeting; seconded by Member Hoover. VOTE MAXWELL - YEA HOOVER - YEA KELLER - YEA BURROUGHS - YEA MORGAN - YEA O'CONNOR - YEA MCCOY - YEA MOTION CARRIED. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 08- 009 -R: Gianinna Mitchell, applicant and property owner. Request to change zoning designation from RSF to CHV for property located at 909 SW 2' Avenue- Planning Consultant. B. Petition No. 08- 010 -R: David and Anita Nunez, applicant and property owners. Request for change of zoning designation from H and RMF to CHV for property located on NE 7' Avenue - Planning Consultant. NOVEMBER 12, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 2 8 L There were none. Mr. Brisson presented the petition and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies. There was no one present to represent the applicant. Chair Maxwell opened the Public Hearing and inquired whether there were comments from the public? There were none. Secretary Clement reported receiving a telephone call from James Wayne Burton, 914 SW 2nd Avenue, requesting to limit the rezoning to CLT. Board Member O'Connor stated he had received a call from Mr. Burton requesting the same. Chair Maxwell then closed the Public Hearing and requested discussion from the Board. After brief discussion, Member Burroughs moved to find Application No. 08 -009 -R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from RSF to CHV; seconded by Member Hoover. VOTE MAXWELL - YEA HOOVER - YEA KELLER - YEA BURROUGHS - YEA MORGAN - YEA O'CONNOR - YEA MCCOY - YEA MOTION CARRIED. Application No. 08 -009 -R final hearing will be December 2, 2008 before City Council. Mr. Brisson presented the petition and the Staff recommendation as being complicated. Staff feels this rezoning should be CLT to be consistent with the Comprehensive Plan. Chair Maxwell asked whether the applicant wished to address the Board? Anita Nunez, 610 N Parrott Avenue addressed the Board and maintained her request for CHV zoning stating she felt it was consistent with the surrounding land use. He then opened the Public Hearing and inquired whether anyone from the public wanted to be heard. Mr. and Mrs. Brown, 109 NE 8th Ave both addressed the Board and were opposed to the commercial rezoning. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. Petition No. 08- 010 -R- continued. IV. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. Devin xwell, Chairperson ATTEST: CreCe-/iLg_424- Betty J nt, Secretary NOVEMBER 12, 2008 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF • CUSSIO Chair Maxwell closed the Public Hearing and requested discussion from the Board. After lengthy discussion Member Burroughs moved to find Application No. 08 -010 -R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from H and RMF to CHV; seconded by Member O'Connor. MAXWELL-YEA BURROUGHS -YEA MCCOY -YEA VOTE HOOVER -NAY MORGAN - YEA MOTION CARRIED. KELLER -YEA O'CONNOR -YEA Application No. 08.010 -R final hearing will be December 2, 2008 before City Council. There were no additional proposed amendments to the LDR's submitted. CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING NOVEMBER 12, 2008 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, November 12, 2008 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Mike O'Connor Board Member Douglas McCoy Board Member Malisa Morgan Alternate Osiel Torres Alternate Karyne Brass Attorney John R. Cook Senior Planner Bill Brisson General Services Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the October23, 2008 regular meeting. IV. AGENDA - Chairperson. B. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 NOVEMBER 12, 2008 - PBIBOA AGENDA - PAGE 2 OF 2 V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08- 009 -SSA submitted by Gianinna Mitchell. 1. Hear from Planning Staff to change zoning designation from RSF to CHV for property located at 909 SW 2nd Avenue.. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. B. Application No. 08 -010 -R submitted by David and Anita Nunez. 1. Hear from Planning Staff to change zoning designation from H and RMF to CHV for property located at NE 7th Avenue. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. VI. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. 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. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES NOVEMBER 12, 2009 I. CALL TO ORDER- Chairperson: November 12, 2008, Planning Board /Board of Adiustment and Appeals Regular Meeting 6:00 p.m. 11. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Chairperson Maxwell Vice Chairperson Hoover Board Member Burroughs Board Member Keller Board Member McCoy Board Member Morgan Board Member O'Connor Alternate Torres Alternate Brass Senior Planner Brisson Attorney Cook Secretary Clement 111. MINUTES - Secretary. Present Absent V V , v 17 1 1,7 V V A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the October 23, 2008 regular meeting. (1 MOTION: _j_14.AApi moved to dispense with the reading and approve the Summary of Planning Board /Board of t and Appeals Action for the October 23, 2008 regular meeting; seconded by -, — z,- -).��; ti� i k, NOVEMBER 12 23, 2008 - PB/BOA MINUTE GUIDE - PAGE 2 OF 6 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. — f\; c V. CONSIDER PETITIONS AND APPLICATIONS. A. Application No. 08-009-R submitted by Gianinna Mitchell. 1. 2. 3. 4. 5. 6. Hear from Planning Staff to change zoning designation from RSF to CHV for property located at 909 SW 2 Avenue.. Hear from the Property Owner or designee/agent. Open Public Hearing for public comment - Chair. Close Public Hearing - Chair. Board Discussion. Consider motion and vote. DISCUSION:f.1 b_A-U tcl ‘1.1 ,•-v 0-e-c \‘Vt-14..p , cocca_4_70- le 1 ° 7 4L , ^ L(--f A 0174 41--; a-Jut/cc/16/d At 4 (7-1 Ae6i-4 5/9 t, via div - - VA-( /A' 9_,e7X, 'XfiZeif / 6 42--t4Lte-a Lti-7-7(--,46,,c, /A NOVEMBER 12, 2008 - PB/BOA MINUTE GUIDE - PAGE 3 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 0 1,011 7 2.47n,et/ a)/14/1 ‘14) ee:TY Ae44,e)-,k-t-1 -- - • 6- j2e "7L zLIL(.-(x_ Zele .10 L-,c) c 74-ic Akifi ite Lat i CW ..t1 VAL e L)J zitif -7/ aMe7A1- el/ a-xL-- (14-/i/J,9' el4,11:1t/ 16,,,17,tAu NOVEMBER 12, 2008 - PB /BOA MINUTE GUIDE - PAGE 4 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: moved to approve /deny Application No. 08 -009 -R consistent with the Comprehensive flan and recommend to City Council to change the Zoning Designation from RSF -1 to CHV for property located at 909 SW 2nd Avenue; seconded by +Arm VOTE: YEA MAXWELL HOOVER I �' BURROUGHS I KELLER ( (.17 MCCOY MORGAN O'CONNOR I [/ TORRES BRASS RESULTS < ICARRIE DENIED NAY ABSTAIN B. Application No. 08 -010 -R submitted by David and Anita Nunez. 1. Hear from Planning Staff to change zoning designation from H and RMF to CHV for property located at NE 7'h Avenue. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. NOVEMBER 12, 2008 - PB/BOA MINUTE GUIDE - PAGE 5 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. DISCUSSION: 6/J4) ),/lal0A, le Lc/ ii)4161u,7 .2,- J., . Lel At 74-6C/r /-?"' 7("1-/ 7 -1 55A ,)744 ,ty ,„ (LL—e;z1- /€ Lez / ‘?. / (E1=\ (1 A t-e e_ Lefz-c_e_ ) )14, /41)/CV 7 2 yi Application/Petition No. Cg--CIC / /cc-7 Guitjczci tak--L„, a 4/ki,l/t( C / , Lh .2 1,c-4-et-v.- It ' • / (11C L /( -2 • ‘.? 6-1 (1(1,%Lii) ,rge,-/ 7 - AC- • 7 2(/ u- ,61-4-7" V/e." ) \ kt-L J-L 14) ae, 44-149. 7 /CC I: 4 e_t_eci / / X- P- a-) Jc ) (47s 0 : tie_e4-7 _ 1/-erW t‹) (raf-4) (<71/,',0a (le) /6. /," , _t., ) . V,- I) - tz /, i , -- 6,c_ e ,...- if' e /6/1") 7, 112: - 0- )16/ cl-c) oLk, c(C/7 ,(61.k-et cTu—e-,- / L . ILL Qv- Y-7 1,etiz-2 /I 121 26-e-4. /Le-- LE", ibb - ? _‘---2,2,- '..497,----e-i 65-2/C'2-C_ i / - -- 71---1 , ", dz. __--r---- Lae"' te,C---(-1--"Z•i''' cLk 1 .1 11 GC) a &`7477-1 &-.2) (Y% 6 ( -r- /r7( (- et 4 Clet_ (6.( C 41 — /(Zi>/: /c_ S Z 4-et_ ( 77/ c - ISt .<AL-)LALA,c 61-1--(2—efc — 64! LI24-4C 141 Ofe/Le/ e7LIC:111 -C tr/44-74- NOVEMBER 12, 2008 - PBIBOA MINUTE GUIDE - PAGE 6 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: moved to appro /deny Application No. 08 -010 -R and find consistent with the Comprehenve Plan and recommend to City Council to change the Zoning Designation from RMF to CHV for property located on NE 7`h Avenue; seconded by L VOTE: MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN O'CONNOR TORRES BRASS RESULTS VI. NEW BUSINESS CONTINUED. YEA NAY ABSTAIN tyv ` CARRIED/ DENIED B. Consider and discuss recommending to to City Council to amend LDR's Sec. 90- 35(d). VII. ADJOURNMENT - Chairperson 1 /0 p.m. City of Okeechobee General Services Department 55 S.E. 311' Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763 -3372, ext. 218 6 bate: % ' 7. I Fee Paid: 11' Hearing: / I Publication Dates: 1 Notices Mailed: Petition No. 5 Jurisdiction: /1/2,4 rd Hearing: URI j 1 Name of property owner(s): � iarti n na 4- M 1'tcI� t L 2 Owner mailing address: $ $ Q Q Nvq. 1100 street 3 Name of applicant(s). if other than owner 01A 4 Applicant mailing address: N ( A 4a e-mail address: i an i rt rya 2c1 vct t oo • coo rY\ 5 Name of contact person (state relationship): Colt-tact 1YI e- C 11 ✓tote. 6 Contact person daytime phone(s): $10 (p 'G( 4.2- ��. iv. �.1�..'!.4't.re`^'��SF �•. ..t �a.aF3 _o.. �.. ". �"'t..'..`M1ra l-ti] �i 'i "'R dO:1� .fl'.A [ai -'I% i�'�i'S.�. L 'fi't>hi� .2 .. 7 8 9 10 11 12 13 14 15 16 Property address/directions to property: 909 S IA/ 2tia. use- OKee cb-ee. FL_ 3461711 Describe current use of property: 1e,si'de✓MM(-ia I Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Approx. acreage: 0 . Itt Z. Ao/eS Is property in a platted subdivision? in c,{} 1 !1 mrts Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: Is a pending sale of the property subject to this application being granted? N 0 . Describe uses on adjoining property to the North: North: COMniw,rrad I2r0 fe r East: z c:rFri entS, 8usinesses South: 401,(Se-- West: ase, Existing zoning: �es j CerCtTpt l () r - uture Land Use classification Com naevcia.t Request is for: (�) Rezone (. ) Special Exception ( ) Variance Parcel Identification Number: 3_21-31- 3 5 - 0046-00060 -0(20 /4X BMENTS 17 Applicant's statement of interest in property �I ` Po-! 'ess,on_a 1 p- P-6'o_, (Acc uyf . tiia . rVir s 1 Revised 7/08 Page 1 of 10 Non - refundable application fee: Rezoning $500; Special Exception: $250; Variance: $250; all plus $30 /acre 18 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed /" py j 1 20, 200 20 Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x 17 ") containing: 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) 23 Current zoning classification: RSF - ( Requested zoning classification C V What is the desired permitted use and intended nature of activities and development of the property? 1,0 + 0 -[ ,A? AIM Is a Special Exception necessary for your intended use? Applicant's materials addressing required findings for granting a rezoning (attach). 30 Describe the Special Exception sought: Are there similar uses in the area? If so, describe the If a business , briefly descri e nature of the business, # of employees, hours of operation and any activities t conducted outside of a building: Revised 7/08 Page 2 of 10 31 32 Applicant's materials addressing standards for granting a special exception (attach) Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Describe the physical characteristics of the property that make the variance n ssary. Did you cause or contribute to the characteristic necessitating t variance? If so, describe: 35 What is the minimum variance necessary? 36 37 Applicant's materials addres g standards for granting a variance (attach) Applicant's materials ad 39 I hereby certify th in this applicati misleading up to 30 da Signa essing findings required for granting a variance (attach) the information in this application is correct. The information included is for use by the City of Okeechobee in processing my request. False or rmation may be punishable by a fine of up to $500.00 and imprisonment of and may resulting the summary denial of this application. Printed Name Date Revised 7/08 ag/;74/ 4,1 '/1 0q / /2 /Qg Page 3 of 10 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board /BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 September 29, 2008 To : Planing Board/BOA and City Council From : Gianinna Mitchell 1. Rezoning the property at 909 SW 2 Avenue, will actually parrell and accent planning requierements that are currently already in place by the Planing Board and City Council. 2. In accordance to regulation requierements set forth by Land Development for this particular area, we are incouraged to utilize the property for business purposes that will also contribute with tax money and revenue directly into the local economy. 3. Since the success of our business venture solely rest upon the interest of the public, we will supply service needed by everyone. 4. Because of the property is already surrounded by rental property and businesses such as the Car Wash, Car Dealerships and Restaurants, it conforms perfectly to other businesses who are already established. In fact non - commercial lots are scarcer than those that are utilized for commercial purpose. 5. We have contributed countless hours and labor into remodeling the interior of the building from flooring to the ceiling as well as extensive tree trimming of our property as well as our neighbor's. Our relationship with our neighbors, their businesses and their clients are excellent. 6. Because of the size of the property and the nature of our business intentions, we will perfectly blend in the neighborhood without causing any nuisance or hazard. 7. Because the property is large enough to sustain clientele and the type of business we offer, no impact or burden will be placed on schools, streets or utilities. 8. Like stated before the property is large enough to easily contain parking with virtually no change to traffic drainage or public safety. 9. There are no known restrictions to our intended purpose at this time. lJ JGCI.l l+IIL _k.JU1 La Okeechobee County Property Appraiser Last Updated: 8/29/2008 Parcel ID: 3- 21- 37 -35- 0040 - 00060 -0120 HX Owner & Property Info Owner's Name Site Address Mailing Address Brief Legal Total Land Area Neighborhood UD Codes DOR Use Code COOPER GARY L 909 SW 2ND AVE, OKEECHOBEE %GIANINNA A MITCHELL 909 SW 2ND AVENUE OKEECHOBEE, FL 34974 SOUTH OKEECHOBEE LOT 12 BLOCK 6 0.162 ACRES 518652.00 ITax District 150 Market Area 40 SINGLE FAM (000100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863 - 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value Ag Land Value Building Value XFOB Value Total Appraised Value Sales History Sale Date 4/28/2008 6/1/1993 7/1/1992 cnt: (1) cnt: (0) cnt: (1) cnt: (1) Book/Page 653/758 336/461 336/461 Building Characteristics Bldg Sketch Bldg Item Show Sketch 1 Extra Features & Out Buildings - Code AFY N4 Desc MTL FLR SH Land Breakdown Lnd Code 067SP8 $27,405.00 $0.00 $26,014.00 $350.00 $53,769.00 Inst. Type WD WD 0 Bldg Desc SINGLE FAM (000100) Year Bit 2001 Desc SO SIDE ST (MKT) Okeechobee County Property Appraiser I Value $350.00 Just Value Class Value Assessed Value Exempt Value Total Taxable Value "W., 1 VA. L ire LWdCLL- nzAIL 2008 Proposed Values ard> - biter ctive GIS Aerial Search Result: 1 of 1 37 74 111 148 185 222 :259- ft (code: HX) Sale Vlmp Sale Qual I Q I Q I U Units 50.000 FF - (.162AC) Year Blt Heated S.F. 1950 Units I 32.000 912 Dims 8x4x0 I Adjustments 1.00 /1.00 /1.00 /1.00 Search Result: 1 of 1 2008 Proposed Values $53,769.00 $0.00 Sale RCode 03 Actual S.F. 912 $28,169.00 $25,000.00 $3,169.00 Sale Price $90,000.00 $30,000.00 $11,500.00 Bldg Value $26,014.00 Condition (% Good) PD (75.00) IEff Rate $548.10 ILnd Value $27,405.00 1 1 1 Last Updated: 8/29/2008 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAQ Contact Us 1 http: / /www okeechobeepa .com /GIS/D_SearchResults asp 9/3/2008 UKeecnoDee county rroperry .appraiser - lvt-ap rttllteu 011 Y /)/2,000 14.3J.JU rtvl I T.H__STREET, I S:W7 {TH STREET fj.,!r I t.. -71 1 l - - -o :IN 91TH�81 -R TH STREET LLi !1 I`- W 1 I— w y' � 1 .i. _ _ 14 IL__ __I r— S:�W.. i,D,TH- STREE' TH_ST.REET 1 I4,. -_„ ? I L1-i 5_W_11 TH- STREET - -_- I 1 I I fI s __ -. 1 EIi ; 0 r 1— *---1 1 -,-----SON..-1.? TH-ST-REET {I 1 S_E_6-T_H STREET_ S E T TH _STREET ! I _II_I 3-21-37-35-0040-00060-0120 COOPER GARY L S.E.4- .TH4,STREET - 0.162AC 1 4/28/2006 - $90,000 - Lt2 l y I 1 11 1 b. _ - - -I -L L. i- [ . i ! . L___. - S-y _13TH -.STTREET ¢ 1 '' 1 - ---1 I- -- __-__ 1 i �— ! 1 mt i • ' 1 ____I 1 ._._ _ "- :- -, 1 - _ltif_14 TH- STREET = ; I I I r---11 , ! 1 :VI!_- 14TH- GI?URT Okeechobee County Property Appraiser W.0 "Bill" Sherman, CFA - Okeechobee Florida - 863-763-4422 PARCEL: 3- 21 -37 -35 -0040- 00060 -0120 HX - SINGLE FAM (000100 SOUTH OKEECHOBEE LOT 12 BLOCK 6 Name:COOPER GARY 1 LandVal $27,405.00 Site: 909 SW 2ND AVE, OKEECHOBEE BldgVal $26,014.00 %GIANINNAAMITCHELL ApprVal $53,769.00 Mail: 909 SW 2ND AVENUE JustVal $53,769.00 OKEECHOBEE, FL 34974 Assd $28,169.00 Sales 4/28/2008 $90,000.001 / Q Exmpt $25,000.00 Info 6/1/1993 $30,000.001/ Q Taxable $3,169.00 7/1/1992 $11,500.001 / U This information, Last Updated: 8/29/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation - Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. 210 420 630 ft ra8c1 http: / /www okeechobeepa.com/GIS/Print Map. asp? pjboiibchhjbnligca fccjfhojiaehdomhloankkimfbpfhbo - 9/3/2008 Prepared by; Record and Return to: Wendy Bostwick Big Lake Tihle..Company, Inc 203 SW 4th Street Okeechobee, Florida 34974 File Number: 3593 Warranty Deed 111011111111111111111111111111111111111111111 E -I LE NLJN 2008005548 OR Bk 00653 PG 0758 SHARON ROBERTSON, CLERK. OF CIRCUIT COUR OKEECHOBEE COUNTY, FL RECORDED 05/05/2008 04 :11 =37 P11 ANT 90, 400, 00 RECORDING FEES 10.00 DEED DDC 630.00 RECORDED BY it Noon Ps 0758; (fps) Made this April 28, 2008 :A :D. , By Gary L. Cooper, a single man whose address is: 237 Kingfisher Lane, Haines City, FL 33844, hereinafter called the grantor, to whose address is: 09 -SW 2nd Aveinie, Okeechobee, Florida 34974, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lot 12, Block 6, SOUTH OKEECHOBEE, according to the Platthereofrecorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida. Parcel ID Number: 3- 21 -37 -35 -0040 -00060 -0120 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever: And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of a_ ll encumbrances except taxes accruing subsequent:ta: Jeceniber 31,.2007. - In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in o r presence: Witness Printed Nar�ie J i- Witness Printed Name /Vendv s/w%ck State of Florida County of Okeechobee Gary Cooper Address: 237 Kingfisher Lane, Haines City, FL 33844 (Seal) The foregoing instrument was acknowledged before me his 281 day of April, 2008, by Gary L. Cooper, a single man who is /are personally known to me or who has produced as identification. L.4 L1 ft- v \)\ G V de, .4n SURVEYOR'S CERTIFICATE o. 38.4' f{'i 45 65112WE 38.4' t(1 k. 142,50' (P & M) tottei 142.50' C 12 & M) 1 1 J--aT 1 if HST) 85.5' ' 1 0 (PLAT- 'jE-t sf 4 4 2o-g4171-1-t-rl-cr 1 FLOOD ZONE) 'X' UNMAPPED I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TEC ICAL STANDARDS SET FORTH IN CHAPTER 61- G -17 -6 BY THE F 1 ';1A BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 F ';•I)A STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROAC EN S OTHER THAN SHOWN. BY: REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.L.S. DATE; 08 ■ • Q. FFE PSM R/W PC A L X 0.00 LEGEND; - FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD - EXISTING WIRE FENCE - EXISTING CHAINLINK FENCE - EXISTING WOOD FENCE - CENTER LINE - FINISH FLOOR ELEVATION - PROFESSIONAL SURVEYOR AND MAPPER - RIGHT -OF -WAY -POINT OF CURVE -DELTA ANGLE -ARC LENGTH - TYPICAL ELEVATION 0, 16 2 Acres FIELD WORK COMPLETED; 03/04/08 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772)878 -7568 (voice) (772)343 -1091 (fax) CERTIF. OF AUTHORIZATION NO. LB7332 LOCATION MAP 'ia:.0*it .. •sesrai 1.. s • ,s.ee.i 1411(' ; ,m1E- 4.. s. i:e3i LEGAL DESCRIPTION: LOT 12, BLOCK 6, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ADDRESS: 909 SW 2ND AVENUE OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP. 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIONS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: GIANINNA A. MITCHELL BIG LAKE TITLE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY RIVERSIDE NATIONAL BANK OF FLORIDA, ITS SUCCESSORS AND /OR ITS ASSIGNS BOUNDARY SURVEY REPARED ON THE ORDER OF; RIVERSIDE NATIONAL BANK SCALE; DRAWN BY+ FILE NO.+ 1' =20' TMW 4000 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 Prepared for: The City of Okeechobee Applicant: Gianinna A. Mitchell Petition No. 08-009-R Staff Report Rezoning Request Applicant: Gianinna A. Mitchell Petition No.: 08 -009 -R General Information Applicant: Applicant Address: Gianinna A. Mitchell 909 SW 2nd Avenue Okeechobee, Fl 34974 Contact Phone Number: 863- 634 -8942 Contact Person: Gianinna A. Mitchell Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial RSF1 Single - family 0.162 Proposed Commercial CHV Professional office 0.162 909 SW 2nd Avenue, Parcel ID 3- 21 -35 -7- 0040 - 00060 -0120 Legal Description: LOT 12, BLOCK 6, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from RSF1 to CHV. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV Single- family Commercial CHV Mixed office /residential Commercial CHV Single- family Single - Family RSF1 Single- family 1 Staff Report Rezoning Request Applicant: Gianinna A. Mitchell Petition No.: 08 -009 -R Analysis: Section 70 -340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has included along with her application a series of brief statements addressing these criteria. A copy of these statements is provided at the end of this Staff Report. Following are Staff comments 1. The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to CHV, the zoning of the subject property will be consistent with its Future Land Use designation of Commercial.. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has indicated she intends to use the property for a professional office, specifically, accounting services. Professional services are a listed permitted use in the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. Uses allowed in the CHV district on a property designated Commercial on the Future Land Use Map are not expected to 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 requested CHV zoning appears to be consistent with the general pattern of commercial expansion evident along the east side of SW 2nd Avenue southward from about SW 5th Street. The proposed zoning and use are appropriate for this location and are reasonably compatible with adjacent uses. The properties to the south and north are designated Commercial on the FLUM and zoned for commercial use although they currently contain single - family dwellings. While properties across SW 2nd Avenue to the west remain in single - family use, it has been generally recognized that commercial use is expected along the east side of SW 2nd Avenue. The proposed professional office use is considered compatible with nearby uses although buffering may be needed if more intense uses are envi- sioned. CHV zoning would not be contrary or detrimental to urbanizing land use patterns in the area. 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. CHV zoning at this location is not expected to adversely affect property values or living conditions. CHV zoning is common among properties located within the first block both east and west of US 441. 2 Staff Report Applicant: Gianinna A. Mitchell Rezoning Request Petition No.: 08 -009 -R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Nearby properties can be adequately buffered from any nuisance factors that may be associated with the uses allowed in the CHV district. The need for buffering will be considered by the Technical Review Committee (TRC) during the site plan review phase of this project. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue for the subject property. The impact on utility services such as water and sewer were not shown by the applicant, but the lot size is small and the likely intensity of development should have no significant impact upon the City's ability to provide public services and facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This is a small property and the addition of a professional office use is not expected to create traffic congestion, undue runoff or public safety problems. Drainage will be accommodated during the site plan review process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those standards prescribed by the Land Development Code and the Comprehensive Plan. Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from RSF1 to CHV. Submitted by: James G. LaRue, AICP October 31, 2008 Planning Board hearing: November 12, 2008 Council Hearing: December 2, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 3 Staff Report Rezoning Request Applicant: Gianinna A. Mitchell Petition No.: 08-009-R ZONING MITCHELL SITE AND ENVIRONS 235 236 I 237 SW8 TH ST Mitchell site CHV CPO RSF1 300 0 300 600 Feet 0) 5 Staff Report Rezoning Request Okeechobee County Property Appraiser Aerial Applicant: Gianinna A. Mitchell Petition No.: 08 -009 -R 6 Staff Report Applicant: Gianinna A. Mitchell Rezoning Request Petition No.: 08 -009 -R September 29, 2008 To : Planing Board/BOA and City Council From : Gianinna Mitchell 1. Rezoning the property at 909 SW 2 Avenue, will actually parrell and accent planning requirrements that are currently already in place by the Planning Board and City Council. 2. In accordance to regulation requierements set forth by Land Development for this particular area, we are incouraged to utilize the property for business purposes that will also contribute with tax money and revenue directly into the local economy. 3. Since the success of our business venture solely rest upon the interest of the public, we will supply service needed by everyone. 4. Because of the property is already surrounded by rental property and businesses such as the Cu Wash, Cu Dealerships and Restaurants, it conforms perfectly to other businesses who are already established. In fact non - commercial lots are scarcer than those that are utilized for commercial purpose. 5. We have contributed countless hours and labor into remodeling the interior of the building from flooring to the ceiling as well as extensive tree trimming of our property as well as our neighbor's. Our relationship with our neighbors, their businesses and their clients are excellent. 6. Because of the size of the property and the nature of our business intentions, we will perfectly blend in the neighborhood without causing any nuisance or hazard. 7. Because the property is large enough to sustain clientele and the type of business we offer, no impact or burden will be placed on schools, streets or utilities. 8. Like stated before the property is large enough to easily contain parking with virtually no change to traffic drainage or public safety. 9. There are no known restrictions to our intended purpose at this time. 7 City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 1-16u€ 1 2 3 4 4a 5 Date: Av se Fee Paid-1D. bd 11" Hearing: //ill:X/35 Publication Des:' Notices Mailed: Petition No. p g-0/0 - Jurisdiction: p 2nd Hearing: // 1/- 7 6 Name of property ovvner(s): D AV I D ANT) ANIT-A I\1D AiPz_ Owner mailing address: NORT14 PA R Avi7- , Name of applicant(s) if other than owner Applicant mailing address: i w10 KORTH PARRarr 4 11C? n e-mail address: Nu Nje 7 3 p-A 1 I?... NJ--r Name of contact person (state relationship): le( 'KA At\t gsf-A\\ Contact person daytime phone(s): et,";5- 14.0- 00 PROPERTY INFORMATION Property address/directions to property: 70 EAST TO 71. 44 AV E LEFT, JUST 1\1 aett•S FAsr c AM.6"i PROJ EOT (EAST 3i DE- ON Describe current use of property: SiKfilF FA(Yltly 110&4E q VACA WT. Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. H om E 4 (47/ARA Cie TO BE VACATFD VJ ini iN1 (00 Drty5 AtfD DENAULt34 Eb 10 Approx. acreage: 1173 1 Is property in a platted subdivision? Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: North: Mot31 LE 44 Ohilt" 4 NiActoiNn- LOT East: TA yi 0 R CieeEK 13 \ South: vAramr" Przt-PrTay (CWwCR i West: 1TH E 14 Existing zoning: 14F 0 b Future Land Use classification 15 Request is for: ( ) Rezone ( ) Special Exception ( ) Variance 373S--0o Jo- 00010-- c.r)/ 16 Parcel Identification Number: /5-37 - -ex) 0- c / 0 — c3c1 1 17 SAHAAWICSP " ° T - Applicant's statement of interest in property ow t IZ Revised 7/08 Page 1 of 10 Non - refundable application fee: Rezoning $500; Special Exception: $250; Variance: $250; all plus $30 /acre 600 t '3i7 -= 4.53OC2G -' Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges - When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Last recorded warranty deed Notarized letter of consent form property owner (if applicant is different from property owner) N /A Three property surveys (one no larger than 11" x 17 ") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) Affidavit attesting to completeness and correctness of the list (attached) I1 ORM IQI! SPECIFIC >YIt I t4TING'TO ; -_ - 23 24 25 26 27 Current zoning classification: QMF / or Requested zoning classification c H v What is the desired permitted use and intended nature of activities and development of the property? C oM m ER C tAU Is a Special Exception necessary for your intended use? NO Is a Variance necessary for your intended use? 14 O Applicant's materials addressing required findings for granting a rezoning (attach). A CI;A;L'E CEPTII Describe the Special Exception sought: Are there similar uses in the area? If so, describe them: If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: Revised 7/08 Page 2 of 10 31 Applicant's materials addressing standards for granting a special exception (attach) 3 Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: V Vet; Describe the physical characteristics of the property that make the variance necessary. Did you cause or contribute to the characteristic necessitating the variance? If so, describe: What is the minimum variance necessary? Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) 39 1 hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may resulting the summary denial of this application. Sips =ture Revised 7/08 Printed Name Date frt. A N V Al-Z- 10'20 \073 Page 3 of 10 Petition No. ? O J0 Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this 2011"1 day of nTORFR Z(7C) . t) Sigy(atdr4 of Applicant AO 'TA /l)L2,)EZ Name of Applicant (printed or typed) State of Florida County of Okeechobee 10 Da e Sworn toad subscribed before me this )OTC day of n CTDI3i=12 , 2008. Personally known to me V or produced as identification and did not take an oath. Revised 7/08 to of Florida Seal: KIMBERLY L ANDERSON obi MY COMMISSION # DD812601 EXPIRES August 06, 2012 (407)S $.0153 FlorddeNolaryService.com Page 8 of 10 yea /9: so •W, • ,3 8S. o0 nits Document Prepared By and Return hat CONNLY E CORIUM', P.A. TOM W. CONSI;Y. ZII 401 N.W. 6TR STREET P.O. D'- 1367 ON= •t. - +;'. FL 34973 -1367 11111111111111 FILE NUM 397902 OR BK 00511 PG 1153 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 09/18/2003 04152:40 P11 RECORDING FEES 19.50 NTG DOC 385.00 INTANGIBLE TAX 220.00 RECORDED BY N Arnold Real Estate Mortgage 27th dayof June AD. 2003 . DAVID NUNEZ, lend ANITA S. NUNEZ, his wife herein called Mortgage, m of the samnamed in the promissory note perein desc.ibed received from FRED B. CAGLE, w e post office address ill Post Office Box 1033, Inverness, FL 344 40 herein called Mortgagee, (the terms ad "Mortgagee* include all parties in each capacity to this instrument e their respective heirs, paeo,al representatives, summon d av � . � `• the ten " mote" includes all promissory notes described herein) Mortgagor hereby mortgages to - = Coety Florida deenbed r Mottgegeote eappey n Okee See Exhibit nAn atta•t;�-Ohereto. r_ between THIS IS A PURCHASE MONl4lVFIRST MORTGAGE. IF A CONVEYANCE SHOULD B HEREIN DESCRIBED, OR ANY OF THE MORTGAGEE AND UPON SHALL REQUEST, THEN IN SUCH MORTGAGEE, ALL SUMS OF MONEY CONCURRENTLY WITH SUCH CO BY THE MORTGAGOR OF THE PREMISES THEREOF, WITHOUT PRIOR WRITTEN CONSENT TERMS AND AT SUCH A RATE AS MORTGAGEE AND AT THE OPTION OF THE HEREBY SHALL IM44EDIATELY AND BECOME DUE AND PAYABLE. MORTGAGOR SHALL FURNISH A PAIDQAELRECEIPT FOR AD VALOREM TAXES LEVIED AND ASSESSED AGAINST THE SUBJECT PROPERTY ON OR BEFORE APRIL let OF EACH YEAR COMMENCING APRIL 1, 2004, FOR SO LONG AS ANY PORTION OF THE PROMISSORY NOTE SECURED HEREBY SHALL REMAIN UNPAID. MORTGAGOR SHALL ALSO FURNISH A PAID INSURANCE RECEIPT REFLECTING THE MORTGAGEE AS AN ADDITIONAL NAMED INSURED. TOGETHER with all easements, connected therewith, improvement now or hereafter made thereon. fixtures attached thereto. any Nrniture or uunisbings located thereon or therein and any reversions, remainders. tents, issues and profits thereof as security for the payment of the Promissory note, a copy of which is attached. AND Mortgagor hereby covemWS: I. That Mortgagor is in actual possession and seized of said real property is fee simple with fall power and lawful right t0 rmrtgage the same that said property is flee from all Hem and encumbrances except as set forth herein; that Mon3agor folly warrants the title to said teal property and will defend the same against lawful claims of all persons whomsoever. 2. To pay all money required by said note and this mortgage, or either, promptly when doe. 3. To pay all taxes, assessments, levies, debilities, obligations and a contrances of every description now on or which may hereafter accme on said property, this mortgage and the debt secured hereby, or any of these, when due. If any put thereof is not paid when due, Mortgagee may pay it without waiving the option to foreclose trim mortgage or any other right hereunder. 4. To pay all costs and expenses together with reasonable attorney's fees (including appellate pmceediags) insulted by Mortgagee because of any default by Mortgagor under this mortgage and said note, or either. 5. To kegs the improvements now or hereafter on said property insured against loss by fire or other hazards included in the terms "extended coverage' and "other perils" in the annum secured by this mortgage by an insurer approved by Mortgages. The policy shall be beid by and made payable to Mortgagee by standard New Yesk mortgagee chase without contribution as Mortgagees intent nay appear. If any money becomes payable ender such policy. then all checks for said money will be made payable to Mortgagor and Mortgagee and the proceeds shall be fast applied to store the mortgaged property to the condition it was immediately before the loss oceuncd and if there be any excess or if the property not so restored then Mortgagee may apply the same to the payments last due on the debt secured hereby or may penrrt Mortgagor to use it, or any part thereof, for other purposes without waiving or impairing any lien or right hemmder. If Mortgagor fails to obtain such policy. Mortgagee any procure it and pay therefor without waiving the option to foreclose this mortgage or arty other right hereunder. 6. To permit, commit or suffer no waste, impairment or deterioration of said property or any part thereot 7. That if said property, err any part tbereot is taken by eminent doom), Mortgagee shall have the right to receive and apply ad money paid for such taking to the payments last doe on to debt secured hereby or may permit Mortgagor to use it, or any part thereof, for other purposes without waiving or impairing any lien or right under this mortgage. If the remaining part of said property is inadequate security for the unpaid balance of said debt, Mortgagee may accelerate payment thereof re edialdy. 8. That if Mortgagee shall bold another mortgage or Hen on said property, a default under such other nmrtgsge or lien shall constitute a default wider this mortgage also. Amy default under this mortgage shall likewise cootitute a default under such other mortgage or lien. If foreclosure proceedings under any mortgage or lien (whether held by Mortgagee or another) affecting said property ate instituted this shall constitute a default under this mortgage. 9. Tlnt Mortgagee may forbear to enforce defaults under this mortgage and said note, or either. or may extend the time for payment of any money secured hereby or may take other or additional security and may deal directly with any owner of said property in all respects pertaining to this mortgage and said note, or either, without nonce to or the consent of any person liable under this mortgage and said rate, or either, and without discharging or affecting the liability of any person liable order this mortgage and said nob, or either. Lale G maadbr0 DirbaySyma., tae. ]ere 1863)1633555 Penn F PMM -2 DR BK 00511 PG 116 EXHIBIT "A" 8 and 9 of Block 147, OKEECHOBEE, according to the plat thereofrecorded in Plat Book public records of Okeechobee County, Florida. BEG I r .'' at the Northeast comer of Lot 9 of Block 147, OKEECHOBEE, according to the plat thereof in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and run Southwes . ong the East line of said Lot 9 to the Southeast corner of said Block 147; thence run Southw- ' . to the Northeast comer of fractional Block 148 of said plat of Okeechobee; thence run ' : - �. , -. the Easterly extension of the North line of said Block 148, to the Westem shoreline ofTayl reek; thence run Northeasterly, along said Western shoreline, to the intersection with theEasterly , on of the North line of aforesaid Lot 9; thence nm West, along the extended North line of said Lo %{p the POINT OF BEGINNING. S 110,000.00 MORTGAGE NOTE Okeechobee ,Florida June 27th, 2003 FOR VALUE RECEIVED, the undersigned, (Mindy 'slid severally, 21.03020 Dnmt one) promises to pay to FRED B. CAGLE ONE O g Post Of or order, in the manner hereinafter specified, the principal sum of TEN THOUSAND AND NO /100 DOLLARS 00.00 ) with interest Sem date at the tate of —0— per cent per ante= on the balance from time to time bid principal and interest ahaR be payable in lawful runway edits United Stags ofAmertcrt at Box 1033, Inverness, FL 34451 be designated by written notice Dom the holder to the nether hgaoi; on the dab and m the manner following: nthly installments of $15,000.00 each commencing on July, 2003, and a final installment on the 4th month f $65,000.00. or at such place as Payable the 27th dum in the amo r THIS NOTE MAY PENALTY. REPAID IN WHOLE OR IN PART AT ANY TIME WITHOUT This one with interest is secured by a mortgage on real estate, of even date herewith, made by the maker hereof in favor of the said payee, and shall be construed and enforced according to the laws of the State of Florida if default be made in the payment of any of Me sums or interest mentioned herein or in said mortgage, or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall at the option of the holder hereof become at once doe and collectible without notice, time being of the and said mire-Mal sum and accrued interest shall both bar interest from such time until paid at the highest rate allowable under the laws of the State of Florida failure to exercise this option shall not coastinue a waiver of the right to exercise the same in the event of any subsequent default Each person liable hereon whether takes or endorser, hereby waives presentment, protest, notice, notice of protest sad notice of dis- honor and agrees to pay all costs, Melodies a reasonable aiorney's fee, wbether sent be brought or not, if, after maturity of this nob or defbAA hereunder. of under said mnttgage, counsel shall be employed to collect this nob or to protect the security of said mortgage. Whenever used herein the tenor " bolder". " maker" and "payee' shall be construed w the singular or plural as the context may require or admit Maker's Address 2085 S.S. 4th Street Okeechobee. FL 34974 ON= - GtiLa1 DAVID NUNEZ, ANITA `nz Lager onsr.dy 0 aph, System, Inc, 2003 (aQ) 76 3-3333 /on,rt2p0R1 (Seal) (Seal) 0 X 0 0 0 K 0 0 Y Real Estate Mortgage -Page 2 10. ateigsed twelve and nudity or income, profits, issues rent, iacane, inadequacy of the 11. That if legal proceedings ero wherein Mortgagee is or either, together with nR eK 00511 PG 1154 the rents, profits, income, issues aid revenues of said property (including any pausal property located thereon or therein) are further security for the payment of the debt secured hereby with the right (but no duty) on the part of Matpgee to demand sad on said debt at any time after a default hereunder. If suit is Instituted to foreclose or tefbrat this massage or to detmmim the Mortgagee shall be enticed to appoiamheot of a receiver pendeate lite without notice for said property and of all rens, revenue thereof It is covenanted and agreed that the court shell forthwith appoint a receiver of said property and of such and revenues Such appointment shall be node as a mater of strict right to Mortgagee without tefetmce to die adequacy or property herby mortgaged or to the solvency or insolvency of Mangos= arses involving said note end this mortgage, or either, wherein Mottgagee than say costs (reip idles of whether or not err if any action or proms (including eppaaan proceedings) shall be maintained by any pesos other him Mortgagee au expenses incurred by Mortgagee to prosecute or defend the highs seated by the mmtpge and said ms, r creel's fees and costs, whether same be rendered negotiation, trial or appellate work shall be paid by Mortgagor. 12. Thatifugmon wrdherebysnotfullyl�dwitn THIRTY (30) days after it becomes due, or if any covenant or agreement of said note and this e, or eider, is breached, Mortgagee stag have the opdon to accelerate payment of the ware yrineipd and any due and payable without notice. Tune is of the essence of this mortgage Any payment made by Mortgages at the =shim legal ate front the date of payment and shalt be secured by the mortgage. No waiver order this mortgage and said rote, er either, shall constitute a waiver of any subsequent defeat or of the between the hams of this mortgage and said non, the tam adds mortgage stall prevtI. other money secured hereby as under paragraphs 3, 4, 5, or k I shall of or feriae to enforce any default or tars of either iasmmaen. Waste is any In Witness Whereof, the Signed, sealed and delive In hereunto set their hands and seals the day and year that above written. EVA MAE COMELY �n1Jj Witness 0 II STATE OF FLORIDA COUNTY OF OKEECHOBSE The foregoing instrument was acknowledged before me this 27th day of DAVID NUNEZ, JR. and ANITA 8. NUNEZ, his wife DAVID NgNEP JR. P.O. Addylaw 2085 SS. . 4th Street, Okeechobee, 11.34974 ANITA 8. NQNSx [hJ �0 P.O. Address: 200511.IL 4th Strsa, Okeeche FL 34974 who are pasooally known to me NUNEZ- CAGLE1 June KVA $AE COMELY Notary Public MyCarm atoeExpires: 12/12/04 EVAUAECO,BY lie,4..„ MYCOMMsssloN^ eCC9g(563 E%PIRE&0tc tet12,2004 1 eDne.r To aarPP100d.waq Ise 1ov Oea++aed b' 0 y Syaen.. Inc, MOD (r6r) 141 -5555 Rom Pined-2 ,2003 by 11 GMC NAME OWNADDR1 OWNCITY OW OWNZIP SUAREZ JERRY W ABC PROPERTIES, LTD AZBLUE LLC AZTECA #3 INC AZTECA #3 INC AZTECA #3 INC BREWER KAY CARRINGTON & MARIAN BROWN JENNIFER ANN, ETAL BROWNING T R BROWNING T R BURDESHAW KEVIN W & CAROLYN J BURK DONALD L CONRAD BRUCE F & LOUISE E CROSS STELLA H & LUSTER BILLY ELARDI DOREEN FANTOZZI EDNA MAE & GAINER FOR GRAY JEROME M SR & IRENE K & GREEN HARLEY M & DOROTHY L JOE LOUIS LAWSON CONSTRUCTION 3679 NW 6TH AVENUE PO BOX 593688 1265 SE 21ST STREET 605 -625 EN PARK STREET 605 -625 EN PARK STREET 625 NE PARK STREET 201 NE 8TH AVENUE BOX 64, SPEDDEN 8 ACCESS RD BHR 8 ACCESS RD BHR 602 NE 3RD ST 200 NE 6TH AVE 210 NE 8TH AVENUE 1307 S PARROTT AVE LOT # 203 NE 8TH AVE 204 NE 8TH AVE OKEECHOBEE ORLANDO OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 62 OKEECHOBEE OKEECHOBEE OKEECHOBEE GRAY JEROME M JR 209 NE 8TH AVENUE 209 NE 7TH AVE LAWSON MASONRY & CONST CO 1190 JORDAN CECIL E & BETTY JO 212 NE 8TH AVENUE KOENIG MATHIAS C & ELAINE L (LIFE ESTATE)107 NE 8TH AVENUE LEANDER JOHN W JR 300 NE 8TH AVENUE LIGHTSEY RICK A & BONITA B 502 NE 6TH AVENUE LIGHTSEY RICK A & BONITA B 502 NE 6TH AVENUE LIGHTSEY RICK A & BONITA B 502 NE 6TH AVENUE LIGHTSEY STEWART R & MARY K TR 700 NE 4TH ST OKEECHOBEE OKEECHOBEE FL 34974 FL 328590000 FL 34974 FL 349720000 FL 349720000 FL 34972 FL 349720000 FL 34974 FL 34974 FL 349724575 FL 349724581 FL 349724504 FL 349740000 FL 349724506 FL 34972 FL 34972 FL 34972 QUEEN STREET TITUSVILLE FL 327804464 OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 349720000 FL 34972 FL 34972 FL 349720000 FL 34972 FL 34972 FL 349722644 NAME OWNADDR1 OWNCITY OW OWNZIP PADGETT STEVE ALLAN, ETAL. PEACOCK DANNY R & DEBBIE L RAYA LIDUVINA ROWNEY ROBERT J & BEVERLY ROYALS 0 K LUNCH INC RYAN JO ANN M & FRANK SMALL EARL & MARY SOUTHERN MANAGEMENT CORP TINSLEY GAIL I TOVAR MAURO WINDHAM CARL LEE JR 58 records selected. 205 NE 6TH AVE 205 NE 7TH AVENUE 310 NE 7TH AVENUE 620 MARYLAND AVENUE 324 SW 16TH ST 105 NE 8TH AVE 112 NE 8TH AVENUE 324 SW 16TH ST 208 NE 8TH AVE 9256 SE 62ND DRIVE P 0 BOX 2743 OKEECHOBEE OKEECHOBEE OKEECHOBEE OTTAWA BELLE GLADE OKEECHOBEE OKEECHOBEE BELLE GLADE OKEECHOBEE OKEECHOBEE TALLAHASSEE FL 349724581 FL 34972 FL 349720000 IL 613500000 FL 334302824 FL 349720000 FL 34972 FL 334302824 FL 349720000 FL 34974 FL 323160000 October 21, 2008 Anita Nunez 610 North Parrott Ave Okeechobee, FL 34972 863 - 467 -0611 RE: Finding required for granting a rezoning or change in land development regulations 1. The proposed rezoning is not contrary to the Comprehensive Plan requirements. 2. The proposed us is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing and use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement of development 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. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Thank You, Anita Nunez .1919 "T ID 1 Hd'd219Od01 9111194 30 114106 111 01 '0 101 0w5 10 1111 4190/4 03131191 41 59119 'ISA 01 3311111 3 101 31151911 00 1111 0401 41 10 9015011) 11131093 341 1111 110031561131 311 01 '111119X5 0011539 0115 9401 '41111511110011 01 341141 '11343 991461 A 4114015 0031511 331 01 '911 0)30 0195 A 491 119011 11 30 101911113 1431593 4l 9101 1513 190 33441 '3390333110 30 1914 0165 A 901 10019 1110113/61 30 114993 15141001 1340 0l 11X31S311I1105 Mw 31141 .(91 1304 0195 30 91003 15•14005 311 01 6 101 0115 A 411 1513 41 01119 11X115311005 011 Ma 10111f 41393 340113 -3340 A 500034 111014 5 3911 '5 999 1614 MI 0303034 30411 194 3341 01 991190330 '340133319 '101 03016 30 6 101 A 013103 1564/001 44 IV 91111939 116 0019313 011103 333333)30 10 501034 311010 '5 1114 '5 999 191d MI 03010313 9031 1916 41 01 9110931 1110131319 091 13030 A 6 011 3 1 A 5101 139 9111194 A 141134 131 01 001 A 113094 005 A 411 1090390 9105 41 9019 051 139 41103/143 0313133 0195 91019 '354 101 3441 '199 3994 '510 903 3 0 93 019133530 9111 0105 30 009113 15114/005 41 91111 051 '13415 030 1 1 A 411131033 01151049 11 A 11019,13M3 113120 41 4111 191131531131 11 01 '41133005 11154 01/5 911 11415141301 100 33341 13113 901491 A 41113005 13154 40 04 6 99 0405 A 011 ■1301 41 3145931/3 1011591 141 9919 '1513 00 1391141 411 131119 0115 MI 6 101 A 93113 15141301 11 01 '10141 11593//3 4441195 141 441 1 101 0110 A 1111 1563 41 9119 933154 141195 11911■3 43941 411 03019 0195 31 1 101 A 0413 (59 41311 11 01 '411 0111123 0495 910 111115101405 114110 131111 '9111104 A 10106 14 140 6011914 '111103 11001331111 A 503031 31100 1,99 3394 500 1009 11 0 11 0191312 30 59 001 A 133011 A 34131511119511911100519 1113315011141111431131150[ 300 A 411101100 3.3 11111 1011315 -33131 341 01 091 1013 0115 30 411 1591 11 A 11913113 111304 0110 911 '4133153101115 000 090 '01113 '11113 311003331 30 50934 31191144 '5 3094 '5 MAO 19111 330934 301111 19144 111 01 93109339 '339011331A '914 320 1(1 11 21 101 A 000103 /5941405 ■11 019 /91 1391 9 1,111 1591 1111 40 11531191 11111911109 111 A 10113161111111 A 11104 311 19 31114193 3.41 3341$'51 AM.CS1100 1 110 199 503 '.9010' l 19 -499 311131 4514.- L41,94; 9038014'3= 104,13141 113819 10144 4411101 1 9119 SkfRA31f IRO 41NV1 Wirelq 110113 011144 191 11 03944 .9 09 1101 14.,111 1111 14 0414 11 1.41 011 44411314011 1010111004 10 0. 0311 '9 13119133 6111110 9 40109114 419•.1 1391009340 94 7 3100 13011 '11011 3113 41 949 9.001031 101 01 191 101400 130000 101044 • 1394 1961/0/2 11111 493 0011 11 41911.000 5 340109 0119 i•1.4,4 301wsl.wl 91 1t.. sl Iaa4 awl + WI niwsl 13113111aY13391 4301903 1 11 01 131.05 29 990 62.609 aa3cu :Etta/ere 93499191100 41 5.•9.101 01153 1191'9106110 M 44311317 0/1194109 91 411 3411 . 111111 91111 01 311 90144 3150 13113, 40 1114 103 •14-01 0 A 4930 3114 (4 91•1910 301 410' 44 411991 331193- 150 319344344 S9 -101 3101510 31(] -lil 114 314 51141 104514 01111.141 19 49911 9 410 /01101111 MINN 1141111 011101-510 411 -1- 01414-14 915 ]a 11:44 '1 501 Ox91 360 1 0 1144 1 11 •1111 91 3 0401 I0113w1110]0] •I 0104 911(0] 191111tl0 434 111x131 344111 1x4114 034 (9113919 316 11331140 0100 a ,'M,IJAL 0111 11119 9 01990 '001 013941344 1006 S9 11135 O0 110 .0/ 1 .14 113819 4410914 CIO 1,1 iamb (1114.9331 101 lta3VA 1St 1 /1tS?lto RIoo- 01000-- LE -s%-¢ • 111141 4,49963 Mt 104 1014 104 01 (11.40'(5 1.10.(5.31 013/5 11 004 01 131 l( 504 1.10.(5.614 11 41131,1 111 41 411, 9+ 1' /4) 1191059 1/X.0! 1 d 1 131819 44111141 lae0uI CMG - u 0 SI 510151911 003/03 1000 005 53193 2 010-90 • 90' 13115 121 00(2 • 9x1300 40/02/04 1110 014 01/133015 1994191 0( .1 4135 t:1113F-ChLOREVER 4111 • e---"er 4") ?? 77-1 rP -t-Parr-7q1' 7742' QL wT 7-&->-alcerK e kury 37-07 —S gA/ VITZVV-- •212:y __?/y 7-22 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 • LaRue Planning & Management Services, Inc. Staif Report— Rezoning Request Prepared for • The City of Okeechobee Applicant: David & Anita Nunez Petition No. 08 -010 -R Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No.: 08 -010 -R General Information Rl cantioger , % : Applicant Address: . ii'cant P ©nett Contact Person: E -mail Address „and Use Map cation Zoning District r'operty Acreage Location: NE 7th Avenue mler, Davi • r, : : nfta Nunez..' 610 North Parrott Av. Okeechobee, FL 34972 O611- Same as above nunezd @earthlink.net Existing Cornmerci Proposed Commercia Holding and RMF CHV }Vacant 1.731 1.731 Legal Description: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE SOUTHEAST CORNER OF LOT 12 IN BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG SAID NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147, TO THE INTERSECTION WITH THE CENTERLINE OF NE 3RD STREET (FORMERLY NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG SAID EXTENDED LINE, TO THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 147; THENCE CONTINUE SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 1 AND THE SOUTHERLY EXTENSION THEREOF, TO THE NORTHEAST CORNER OF LOT 9 IN SAID BLOCK 147; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE AFORESAID CENTERLINE OF NE 3RD STREET, ALSO BEING THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN O.R. BOOK 405, PAGE 654; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE AND ALSO ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND TO THE POINT OF BEGINNING. AND: 1 Staff Report Rezoning Request LOTS 6, 7, 8, AND 9 BLOCK 147, THEREOF RECORDED IN PLAT OKEECHOBEE COUNTY, FLORIDA AND: Applicant: David and Anita Nunez Petition No. 08 -010 -R OKEECHOBEE, ACCORDING TO THE PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND RUN SOUTHWESTERLY, ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY TO THE NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF AFORESAID LOT 9; THENCE RUN WEST, ALONG THE EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF BEGINNING. Background: The applicant is requesting that this 1.73 -acre property be rezoned from RMF and Holding to CHV to allow a commercial development as part of a larger shopping and entertainment complex involving the 1.02 -acre piece to the south and the 1.5 -acre Suarez property to the north, which was recently the subject of a Small Scale Amend- ment and rezoning to CLT. The total project will therefore encompass about 4.25 acres. It is possible another 1.4 acres separating the Nunez properties and the Suarez property may be acquired and included in the ultimate development, potentially increasing the overall project to about 5.64 acres. 2 Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No. 08 -070 -R Adjacent Future Land Use Map Classifications and Zoning Districts Zoning District: East: Future Land Use Map Classification: 'Zoning District: Existing Land Use: South: Tito ;Land Use Classification: Zoning District: Exiatlig Land Use,V West: Future Land Use Map Classification: Zorn . District: Existing Land Use: l aylo RSF1 on the western part and CLT immediately north ._ adjacent to Taylor Creek. Mobi themes ouse;. i14E4 Taylor Creek; Single- Family on east side of Taylor Creek RMH: east of Ti yloriCre Mobile Home Park east of Taylor Creek Commercial CHV Vacant:: Single- family and Multi - Family across NE 7th Avenue RSF.. d RMF across. Single- family Analysis: Section 70 -340 sets forth the following criteria petition to rezone property. The Applicant has application submission and therefore will need to his or her presentations. Following are the Staff's to be considered in acting upon a not addressed these criteria in the address these considerations during comments: 3 Staff Report Applicant: David and Anita Nunez Rezoning Request Petition No. 08 -010 -R 1. The proposed use is not contrary to Comprehensive Plan requirements. The CHV Zoning District is consistent with a Future Land Use Designation of Commercial and is not inconsistent with any requirements of the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed uses are contained within the list of permitted uses in the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. Given the fact that this property is to be used in connection with the recently rezoned commercial property which adjoins its northeastern boundary, as well as the property to its immediate south, the cumulative impacts of the entire commercial development will need to be assessed. Possible adverse impacts of this development may occur as a result of increased traffic at the intersection of NE 7th Avenue and SR 70, and /or increased traffic along neighboring residential roadways, as well as noise or other potential impacts upon nearby residential uses. However, the intensity of the development will be specifically considered during the site plan review stage of the development permitting process. 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 City has already approved the Small Scale Development Activity (SSA) amendment to Commercial; therefore, commercial zoning is the only type of zoning that would be compatible with the Comprehensive Plan. The issue now facing the City is the type of commercial zoning that would be compatible with surrounding land uses. Staff is concerned that the intensity and character of a number of the uses permitted as a matter of right in the CHV district are too intensive for this area. The surrounding neighborhood is not a commercial area and should be protected from the potential impacts of intense commercial development. We realize that many of the uses permitted in the CHV district are not contemplated at this time and, in fact, are not likely to be attractive to any future owner. However, the Applicant has shown on the most recent site plan the location of a billiard and gaming center with a outside deck indicated for use as `outdoor eating ". The site plan also indicated that uses in the development would be open from 8 AM to 12 PM. Under the CHV zoning, the billiard and gaming center could include a restaurant or nightclub or other similar use involving consumption of alcoholic beverage and musical or other entertainment that could potentially have adverse impacts upon the environment of 4 Staff Report Applicant: David and Anita Nunez Rezoning Request Petition No. 08 -010 -R those living in the mobile home park on the other side of Taylor Creek. Such uses could also result in increased traffic through the residential area to the west during late night hours. Consequently, Staff is reluctant to suggest that the proposed rezoning to CHV is compatible with adjacent and nearby land uses. Rather, Staff believes it would be more appropriate to rezone the property to the CLT zoning district. This district would allow the office and retail uses proposed by the Applicant Further, commer- cial indoor recreation, restaurant, cafe, nightclub, docks and piers are all allowed as special exception uses in the CLT district. As special exception use, the City would have the authority to attach conditions such as hours of operation, limitations on outdoor activities such as amplified music, and other such conditions that may be necessary to protect nearby residents and the adjoining neighborhood. 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 Staffs concerns associated with the preceding item apply in this instance. Unchecked, a number of the uses allowed as a matter of right in the CHV district could adversely affect both property values and living conditions on adjacent and nearby properties. Staff does, however, feel if the property is rezoned to CLT, the Special Exception process can sufficiently protect nearby properties in particular and the neighborhood in general. 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 While Taylor Creek provides a degree of physical separation from the mobile homes located to the east, physical separation alone may not be adequate. This, again, is a reason the Staff feels that CLT zoning is preferable. The Special Exception classification of some of the uses that would otherwise be allowed out- right under the CHV district provides for attaching conditions that may be neces- sary on this particular site. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. While density will not be an issue, the intensity of development on the site and the other properties associated with the overall development as proposed, will need to be considered, particularly as regards the levels and distribution of traffic attracted to and leaving the site. 5 Staff Report Rezoning Request 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No traffic analysis has yet been submitted. However, Staff is working with the representative of the Applicant to ensure that a complete traffic impact analysis is conducted for the entire project, not just this one portion. Flooding and drainage considerations will also have to be addressed during the site plan stage. During its initial review of the Applicant's site plan for this particular portion of the overall project, the TRC required that the Applicant submits its drainage calculations and plans to the SFWMD to ensure that it is effective in addressing stormwater, drainage, and water quality issues. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. Applicant: David and Anita Nunez Petition No. 08 -010 -R Recommendation: Based on the foregoing analysis, Staff would recommends that the request for CHV zoning be denied. Alternatively, Staff recommends approval of a rezoning to CLT. Submitted by: James G. LaRue, AICP October 31, 2008 Planning Board hearing: November 12, 2008 Council Hearing: December 2, 2008 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 6 Staff Report Rezoning Request Applicant: David and Anita Nunez Petition No.: 08 -010 -R FUTURE LAND USE NUNEZ PROPERTY AND ENVIRONS NE 2nd St. (paper street FUTURE LAND USE 0 Nunez site SINGLE - FAMILY MULTI - FAMILY ni COMMERCIAL EOM 300 0 300 600 Feet 7 Staff Report Rezoning Request • Applicant: David and Anita Nunez Petition No. 08 -010 -R ZONING NUNEZ PROPERTY AND ENVIRONS ri45 RMF NE 2nd St. (paper street ZONING 0 Nunez site CHV 300 0 300 600 Feet CLT RSF1 8 Staff Report Rezoning Request Okeechobee County Property Appraiser — Aerial SUBJECT PROPERTY AND VICINITY Applicant: David and Anita Nunez Petition No. 08 -010 -R 9 -INDEPENDENT NEWSPAPERS OKEECHOBEE NEWSPAPERS OKEECHOBEE NEWS ill STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 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 `6l3. 01- 11/716S' 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 continu- ously 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. / 7, 6kJit.!) orn t(e) and subscribed before me this 1 day of 7u -o�w�P rPi�i otary Public, State of Florida at Large -, ..-r r Anus. •:84-6'9 Janetta Thiboult r r4 Ccmmisslon ; DD505311 t �: /pares January 10, 2010 Anato g (863) 763 -3134 NOTICE OF CONSIDERATION OF , PROPOSED,ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Plan- ning Board/Board of Adlushnehl-and Appeals. on Wednesday; November 12, 2008 at 6:00 p.m. or as soon theteafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeecho- bee, Florida. To consider a request to change the zoning district from Residential Multiple Faintly (RMF) (8 to Heanvdy Commercial (TChHeV). The petition is being submitted. Creek betweowner(s) n rttieast 2nd and 3rd Nunez. Streets and properly is 7th Avenue. Legal of Taylor Legal description: Parcel One: Commencing at the point of intersection of the Northerly extension of the East line of Block 147 and the Southeast corner of Lot 12 in Block 116, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Pbblic Records of Okeechobee County, Florida, and run Southwesterly along said Northern extension of the East line of said Block 147, to the intersection with the center line of Northeast 3rd Street, (formerly Ninth Street), also being the Southwest comer of a parcel of land as described in 0.R. Book 405, Page 664, Public Records of Okeechobee County, Aorta and the Point of Beginning; thence continue Southwesterly along said extended line to the Northeast comer of Lot 1 in said Block 147; thence continue Southwesterly along the East line of said Lot 1 and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run East along the Easterly extension of the North line of said. Lot 9, to the Western shoreline of Taylor Creek; thence run Northeasterly, along said Westem shoreline, to the intersection with the Easterly extension of the aforesaid centerline of Northeast 3rd Street, also being the Southeast comer of said land described in 0.R. Book 405, Page 664; thence run West along said extended centerline and also along the South boundary Inc of said parcel of land to the Point of Beginning; and Parcel Two: Lots 6 through 9 of Block 147, City of Okeechobee Subdivision, ac- cording to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okee- chobee County, Florida; arid Parcel Three: Beginning at the Northeast comer of Lot 9 of Block 147, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of `Okeechobee County, Florida, and run Southwesterly along the East line of said Lot 9 to the Southeast comer of said Block 147; thence inn Southwesterly to the Northeast comer of fractional Block 148 of said plat of Okeechobee; thence run East, along the Easterly extension of the North One of said Block 148, to the Western shoreline of Taylor Creek; thence ronjNortheasteriy along said Western shoreline, to the intersectidn with the Easterty extension of the North line of aforesaid Lot 9; thence run West along the extended North lineal said Lot 9, 10 the Point of Begin - ning; and is approximately 1.74 acre(s). The proposed use is for a multi functional building. A Servic- es Office, Rm 101 at City Hall or by calling' BBety Clement available (863)e763 3372 x 218. The Planning Board will make recommendations to the City Councillor considera- tion and final adoption tentatively scheduled for Tuesday, December 2, 2008. PLEASE TAKE NOTICE AND BE ADVISED that'd any person desires to appeal any decision made by the Planning Board with respect to any matter considered,at this meeting, or hearing v411 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 used for the sole purpose of back -up for the department In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863 -763 -3372 x 218; if you are hearing or voice impaired, call TDD 1 -800 -222 -3448 (voice) or 1 -888- 447 -5620 (TTY). BY: Brian Whitehall, Zoning Administrator Petition No. 08 -010-R 297632 ON 10/24;11/07108 ItTDEPENDENT_ _ NEWSPAPERS OKEECHOBEE NEWS 107 1) =IN NEWSPAPERS OKEECHOBEE NEWS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 J J 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 three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a J /1 ?i in the matter of / uL in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of / 44- i(h g 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 continu- ously 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. orn Yd and subscribed before me this la day of-tiLeYht.lisi% tary Public, State of Florida at Large Janetta T s boult . ommisslcf # )D505311 ,_tfes Jarfuar- y 10, 2010 384 v,9 An ,2CG g (863) 763-3134 NOTICE OF CONSIDERATION OF PROPOSED ZONING RECLASSIFICATION NOTICE: A PUBLIC HEARING will be held before the City of Okeechobee Planning Board/Board of Adjustment and Appeals on Wednesday, November 12, 2008 at 6:00 p.m. or as 0000 thereafter as possible. The meeting will be held at Cary Had, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Rori- da. To consider a request to change the zoning district from Residential Single Family- One (RSF -1) to Heavy Commercial (CHV) for Petition No. 08-009 -R. The petition is being submitted by property owner(s) Gianinna Mitchell. The property is located at 909 Southwest 2nd Avenue. Legal description: Lot 12 of Block 6, South Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 7 Public Records of Okeechobee County, Florida, and is approximately 0.162 acres; A copy of the agenda may be obtained from the City website www.cilvofokeocho- bee.com or contact the General Services Department, bclementOcitvofokeecho- bee.com (863) 763 -3372 x 218. A copy of the entire appbcation(s) are available at the General Services Department. The Planning.Board will make recommendations to the City Council for consideration and final adoption tentatively scheduled for Tuesday, December 2, 2008. PLEASE TAKE NOTICE AND BE ADVISED that if 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 ver- batim 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 pur- pose of back -up for the General Services Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Betty Clement, no later than two (2) working days prior to the proceeding at 863- 763 -3372 x 218; O you are hearing or voice impaired, call TDD 1.800- 955 -8770 (voice) or 1. 800 - 955 -8771 (TTY). By: Brian Whitehall, Zoning Administrator Petition No. 08 -009 -R 297752 ON 10/24 & 11/7/08 ill INDEPENDENT - NEWSPAPERS OKEECHOBL NEWS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 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 three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of /L{Q 4w _ J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /0/A4 t/ /7 /6 k 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 continu- ously 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. /� J n to end subscribed before me this -`� rIE') e y of Florida at Large otar Public, State Janotta Thiboult Commission ;# DD505311 nlfes January 10, 2010 are g ADao O (863) 763 -3134 NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The Cty of Okeechobee Planning Board wit, meet as the Local Waning Agency on Wednesday, November 12, 2008 at 6:00 p.m. or as soon thereafter as possible, to consider any proposed amendments, submitted by City Staff or citizens, to the adopted City Comprehensive Plan, which may include amendments to the adopted Land Developnnent Regulations (LOR's). At amendments are forwarded, with a recommendation, to the City Council for final consideration. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council Chambers, Room 200, Okeechobee, Rorida. A copy,of the agenda may be obtained from the City web site www.citvofokeecto- bee.com or contact the General Services Department, bclementlacitvnfnkeec(o, Doom, (863) 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 is made; which record includes the testimony and evidence upon which the appeal is to be based. General Services media are used for the sole purpose of back -up for the department. In accordance with the Americans wth Disabdities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding shout contact Betty Clement, no later Than two (2) worldng days prior to the proceeding at 863 - 763 -3372 x 218; if you are hearing or voice impaired, call TDD 1-800- 955 -8770 (voice) or 1- 800 - 955 -8771 (TTY). BY: Brian Whitehall, Zoning Administrator ON 10/24 & 11/7/08