2009-04-16
CITY OF OKEECHOBEE 297
PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS APRIL 16, 2009
SUMMARY OF BOARD ACTION
PAGE 10F 3
1. CALL TO ORDER - Chairperson.
Planning Board/Board or Adjustment and Appeals, April 16, 2009 6:00 p.m. Chairperson Maxwell called the April 16, 2009 meeting to order at 6:00 p.m.
ll. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Clement called the roll:
Chairperson Devin Maxwell
Vice-Chairperson Dawn Hoover Present
Board Member Terry Burroughs Present
Board Member Kenneth Keller Present
Board Member Osiel Luviano Present
Board Member Douglas McCoy Present
Board Member Malissa Morgan Present
Alternate Member Karyne Brass Present
Alternate Member - Phil Baughman Present
Atto, , ey john R. Cook Present
Senior Planning Consultant Bill Brisson Present
Board Secretary Betty J. Clement Present
Present
III. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of Board Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the February 19, 2009
Action for the February 19, 2009 regular meeting. Regular Meeting; seconded by Member Burroughs.
VOTE
MAXWELL-YEA HOOVER-YEA BURROUGHS-YEA KELLER-YEA
MCCOY - YEA MORGAN - YEA LUVIANO - YEA MOTION CARRIED.
IV. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's No additions, deferrals or withdrawals of items on today's agenda.
agenda.
i
298
APRIL 16, 2009 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS • PAGE 2 OF 3
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 09-002-R submitted by Pastor Hugh Duffy, agent Kevin
McGinley on behalf of property owner Biship Gerald M. Barbarito Diocese
of Palm Beach Co.
1. Hear from Planning Staff to change the zoning designation from Mr. Brisson presented the petition and Staff Report of approval, stating this request for rezoning is consistent with the
Holding (H) to Residential Single-Family -One (RSF-1) for Comprehensive Plan. Mr. Brisson commended the applicant for addressing each of the standards required for the rezoning.
property located at 901 SW 6'h Street. As a point to interest for the Planning Board, Mr. Brisson explained, the church would have to apply for a special exception
before permitting, due to the height restrictions of the zoning district. The Board inquired of the 10 plus acres regarding the
large scale requirements. Mr. Brisson explained this was not a land use request.
2. Hear from the Property Owner or designee/agent. Mr. Kevin McGinley addressed the Board and asked if there were any questions? There were none.
3. Open Public Hearing for public comment - Chair. Chair Maxwell opened the Public Hearing, there were no comments.
4. Close Public Hearing - Chair. Chair Maxwell closed the Public Hearing. - 0
5. Board Discussion. No Board discussion.
6. Consider motion and vote. Member Burroughs moved to approve Petition No. 09.002-R and recommend to City Council to change the zoning
designation from Holding (H) to Residential Single-Family -One (RSF-1) for property located at 901 SW 61' Street; seconded
by Member Hoover.
VOTE
MAXWELL-YEA HOOVER-YEA BURROUGHS-YEA KELLER-YEA
MCCOY - YEA MORGAN - YEA LUVIANO - YEA MOTION CARRIED.
Petition will be forwarded in ordinance form for final Public Hearing May 19, 2009 before City Petition will be forwarded in ordinance form for final Public Hearing May 19, 2009 before City Council.
Council.
VI. NEW BUSINESS E
A. Consider any additional requests for amendments to the City's Land No consideration.
Development Regulations - Chairperson. i
I
t
APRIL 16, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS • PAGE 3 OF 3 9
VI. NEW BUSINESS CONTINUED.
B. Overview of presentation of Special Exception given to City Council at Mr. Bnsson gave a short presentation of the Special Exception standards and policies as presented to the City Council at
their regular meeting April 7, 2009 - Planner. the April 7' regular meeting, explaining a special exception is a permitted use with added stipulations and/or conditions.
Chair note: Mr. Maxwell questioned Mr. Bnsson as to the future growth of the City regarding annexation. Chair Maxwell
stated the projections are for 300 new residents in the next 15 years. The development is going to occur outside our
boundaries in the County. I do not think growing hurts us, it increases our tax base. Mr. Brisson stated for someone to want
to do a voluntary annexation, typically the community Provides the water and
sewer and will have differential in rates. The
other reason is land use codes and zoning, ie higher density. Services or more favorable zoning are the only enticements,
stated Mr. Bnsson.
V. ADJOURNMENT • Chairperson. There being no further items, Chair Maxwell adjourned the meeting at 6:28 p.m.
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
official records of the Department
Devin Ma ell, Chairperson
ATTEST:
Betty J. C t, ecretary
CITY OF OKEECHOBEE
PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS
HAND WRITTEN MINUTES
APRIL 16, 2009
Page 1 of 7
1. CALL TO ORDER- Chairperson:
ADril 16.2009. Plannina Board/Board of Adiustment and ADoeals Reaular Meetina 6:00 D.M.
II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary.
Present Absent
Chairperson Maxwell V
Vice Chairperson Hoover ,
Board Member Burroughs
Board Member Keller
Board Member McCoy
Board Member Morgan ✓ /
Board Member Luviano
Alternate Brass I /
Alternate - Baughman
Senior Planner Brisson
Attorney Cook ✓
Secretary Clement ✓
III. MINUTES - Secretary. rl ~""'`t
A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment
and Appeals Action for the February 19, 2009 regular meeting.
MOTION: moved to dispense with the reading and approve the Summary of
Planning Board/Board o#Adjustment and Appeals Action for the February 19, 2009 regular meeting;
seconded by -i
APRIL 16,2009- PB/BOA MINUTE GUIDE - PAGE 2 OF T
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. 09-002R submitted by Pastor Hugh Duffy, agent Kevin McGinley on behalf of
property owner Biship Gerald M. Barbarito Diocese of Palm Beach Co.
1. Hear from Planning Staff to change the zoning designation from Holding (H) to
Residential Single-Family -One (RSF-1) for property located at 901 SW 6' Street.
L*AOQZ
i~~r • C~~ ..f f 1t0 ~ _ .
(0 ~ ji,
d-w
v ~
Was-
?(f 7j
.10
APRIL 16,2009- PB/BOA MINUTE GUIDE - PAGE 3 OF 7
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
2. ~/f.~Hear from the Property Owner or dess'ignee/agent.,
APRIL 16,2009- PBIBOA MINUTE GUIDE - PAGE 4 OF 7
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
3. Open Public Hearing for public comment - Chair.
4. Close Public Hearing - Chair.
5. Board Discussion.
APRIL 16,2009- PB/BOA MINUTE GUIDE - PAGE 5 OF 7
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
5. Board Discussion continued.
APRIL 16,2009- PB/BOA MINUTE GUIDE - PAGE 6OF 7
V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED.
6. Consider motion and vote.
MOTION:
-4`r moved to approve/deny Petition No. 09-002-R to change the zoning
signation from ing (H) to Re idential Single- amily -One (RSF-1) for property located at 901
SW 61 Street; seconded by
VOTE:
YEA NAY ABSTAIN
MAXWELL
HOOVER
BURROUGHS r/
KELLER
McCOY
MORGAN ti
LUVIANO
BRASS
BAUGHMAN
RESULTS / CARRIED ENIED
VI. NEW BUSINESS.
A. Consider any additional requests for amendments to the City's Land Development
Regulations -Chairperson.
B. Overview of presentation of Special Exception given to City Council at their regular
meeting April 7, 2009 - Planner.
U~
~s ~ ~
APRIL 16,2009- PBIBOA MINUTE GUIDE - PAGE 70F 7
VI. NEW BUSINESS CONTINUED.
B. Overview of presentation of Special Exception given to City Council at their
regular meeting April 7, 2009 continued.
. yam.
Aj /j
;r 4
r
y~o
6 ,
VII. ADJOURN REGULAR MEETING - Chairperson & pm
CITY OF OKEECHOBEE
PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING APRIL 16, 2009
OFFICIAL AGENDA
PAGE 10F 2
1. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, April 16, 2009 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 Osiel Luviano
Board Member Douglas McCoy
Board Member Malissa Morgan
Alternate Karyne Brass
Alternate - Phil Baughman
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 February 19, 2009 regular
meeting.
IV. AGENDA - Chairperson.
B. Requests for the addition, deferral or withdrawal of items on today's agenda.
APmL 16, 2009 - PBIBOA AGENDA - PAGE 2 OF 2
V. CONSIDER PETITIONS AND APPLICATIONS.
A. Petition No. 09-002R submitted by Pastor Hugh Duffy, agent Kevin McGinley on behalf of property owner Biship Gerald M. Barbarito Diocese of
Palm Beach Co.
1. Hear from Planning Staff to change the zoning designation from Holding (H) to Residential Single-Family -One (RSF-1) for property located at 901
SW 61 Street.
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.
B. Overview of presentation of Special Exception given to City Council at their regular meeting April 1, 2009 - Planner.
VII. ADJOURN WORKSHOP - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. An person decidin
Y 9
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 Date: 3/.2_1 0 q Petition No. 6Cf . 00 ,.2 ,.)R,~
General Services Department I Fee Paid.{ 0,~p .
55 (jv Jurisdiction: PB V"C.~
S.E. 3'd Avenue, Room 101
Okeechobee, Florida 39974-2903 1" Hearing: Al / / ( al(,) 47 tad Hearing: t
Publication Datts:
hone: (863) 763-3372, ext. 218
763_1696 Notices Mailed:
Rezone, Special,ExcOptioa and Variance Date"
APPLICANT INFORMATION Reed. Ctik'd^
1 Name of property owner(s): Bishop Gerald M. Barbarito
2 Owner mailing address: P.O. Box 109650 Palm Beach Gardens, FL
3 Name of applicant(s) if other than owner Sacred Heart Catholic Church
4 Applicant mailing address: see attached
4a e-mail address: see attached
5 Name of contact person (state relationship): Kevin McGinley 16 Contact person daytime phone(s): 5 61 686-2481
I
I
4'' t
PROPERTY INFORMATION_
;s Property address/directions to property:
7 901 S.W. 6th Street, Okeechobee, FL 34974
Describe current use of property:
8 House of Worship (church) with accessory uses,
including parish hall/education center, rectory,
maintenance building, pavilion and offices.
Describe improvements on properly (number/type buildings, dwelling units , occupied or
vacant, etc.
9 Church (250 seats) - 4,708 s.f., hall - 8,638 s.f.,
rectory - 2,125 s.f., pavilion - 4,000 s.f.,
offices - 405 s.f., maintenance bldg. _ 3,000 s.f.
10 Approx. acreage: 12. 0 Is property in a platted subdivision? yes
Is there a use on the property that is/was in violation of a city or county ordinance? If so,
describe:
11 No
12 I Is a pending sale of the property subject to this application being granted? No
Describe uses on adjoining property to the North:
13 North: vacant/ undeveloped East: Child day care/SFRs
South: vacant /undeveloped West: vacant /undeveloped
14 I Existing zoning: Holding (H) Future Land Use classification SF
15 I Request is for: ( X ) Rezone Special Exception Variance
16 I Parcel Identification Number: 2-21-37-35-OA00-00013-0000
1 ATTACHMENTS I
i Applicant's statement of interest in property
17 I see attached I I
Revised 7/08 Page 1 of 10
Non-refundable application fee: Rezoning $2150; Special Exception: $500; Variance: $500;
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 I I v/
20 Notarized letter of consent form property owner (if applicant is different from property
owner)
Three property surveys (one no larger than 11" x IT) containing: '
21 a. certified boundary survey, date of survey, surveyor's name, address and phone number 011
b. Legal description (
a Computation of total acreage to nearest tenth of an acre G-)
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 I Affidavit attesting to completeness and correctness of the list (attached) I I V
1 INFORMATION SPECIFICALLY RELATING TO A REZONE i Date I
]teed ChWd
23 Current zoning classification: H Requested zoning classification RSF 1 j
What is the desired permitted use and intended nature of activities and development of the '
24 property? House of Worship (church) with accessory
uses (hall, rectory,pavilion, offices etc.)
Is a Special Exception necessary for your intended use?
25 Yes - to allow for height in excess of 30 feet I
26 Is a Variance necessary for your intended use? i
No
Applicant's materials addressing required findings for granting a rezoning (attach).
27 see attached
INFORMATION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION j I
Describe the Special Exception sought: i
28 Special Exception request will be subject of a
subsequent application.
Are there similar uses in the area? If so, describe them: i
29
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:
30
Revised 7/08 Page 2 of 10
31 Applicant's materials addressing standards for granting a special exception (attach)
32 Applicant's materials addressing findings required for
g gs granting a special exception (attach)
INFORMATION SPECIFICALLY RELATING TO A VARIANCE
Describe the Special Exception sought:
33
Describe the physical characteristics of the property that make the variance necessary. '
34
Did you cause or contribute to the characteristic necessitating the variance? If so, describe:
35
What is the minimum variance necessary?
36
137 I Applicant's materials addressing standards for granting a variance (attach) I
38 I Applicant's materials addressing findings required for granting a variance (attach) I
I Confii anon; of Aformatiori Accuracy
39 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 and may resulting the summary denial of this application.
Signature Printed Name Date
Revised 7/08 Page 3 of 10
Lf 'VM LAND RESEARCH MANAGEMENT, INC.
ZONING & URBAN PLANNING 2240 PALM BEACH LAKES BLVD. - SUITE 103
MARKET RESEARCH & ANALYSIS WEST PALM BEACH, FLORIDA 33409
ENVIRONMENTAL ASSESSMENTS TEL: (561) 686-2481 - FAX; 681-1551
STATEMENT OF INTEREST
The owner of the subject property is the Most Reverend Gerald M. Barbarito, as Bishop of the
Diocese of Palm Beach, the Applicant is Sacred Heart Catholic Church (Pastor Hugh Duffy) and
the Applicant and Owner's Agent/Zoning Consultant is Kevin McGinley, Land Research
Management, Inc. 2240 Palm Beach Lakes Boulevard, Suite 103, West Palm Beach, FL 33409
(phone: 561-686-2481 / fax: 561-681-1551 / e-mail: Irmi0l bellsouth.net
All correspondence and communication should be addressed to Kevin McGinley.
Lfkm LAND RESEARCH MANAGEMENT, INC.
ZONING & URBAN PLANNING 2240 PALM BEACH LAKES BLVD. • SUITE 103
MARKET RESEARCH & ANALYSIS WEST PALM BEACH, FLORIDA 33409
ENVIRONMENTAL ASSESSMENTS TEL: (561) 686-2481 • FAX; 681-1551
FINDINGS REQUIRED FOR GRANTING A REZONING
OR CHANGE IN LAND DEVELOPMENT REGULATIONS
1. The proposed rezoning is not contrary to Comprehensive Plan requirements.
The subject property has a Future Land Use designation of Single-Family Residential. The
proposed rezoning from Holding (H) to Residential Single-Family (RSF1) is therefore consistent
with the Comprehensive Plan. Policy 3.3 of the Future Land use Element of the Comprehensive
Plan states that the city will coordinate with the county such that "all property in the City is
zoned in accordance with the Future Land Use Element". The requested rezoning to the RSF1
District is not contrary to the Comprehensive Plan requirements; rather, it furthers the adopted
policies, goals and objectives contained therein.
2. The proposed use being applied for is specifically authorized under the zoning district
in the Land Development Regulations.
Houses of worship in excess of five (5) acres are permitted uses in the RSF1 District, pursuant to
Article III, Divisionl, Section 90-120, Code of Ordinances. The subject property consists of 12.0
acres; therefore, the proposed rezoning and planned expansion of the existing church is
specifically authorized under the requested zoning district.
3. The proposed use will not have an adverse effect on the public interest.
Houses of worship serve to provide religious, educational and social services to area residents
and are an integral part of the fabric of any community. Sacred Heart Catholic Church, a long-
established parish in the city of Okeechobee, has and will continue to provide these essential
community services and ministries which serve 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.
The subject property is located in an area characterized as a mix of light commercial (day care
use), residential and institutional uses (day care center, school and church). Vacant and
undeveloped properties are located north, south and west of the subject property. Several
single family homes are located east of the subject property, fronting along S.W. 7th Avenue.
Child day care centers are located at the intersection of S.W. 6th Street and S.W. 7th Avenue.
The proposed use is therefore appropriate and consistent for the subject property in terms of
development patterns in the area and adjacent land uses and is not contrary or detrimental to
urbanizing land use patterns.
Page 2
5. The proposed use will not adversely affect property values or living conditions, or be
detrimental to the improvement or development of adjacent property.
The proposed rezoning will provide for the expansion of the Sacred Heart Catholic Church
parish and is a logical and orderly step in the development of the property. The proposed
rezoning will allow the parish to construct its planned 500-seat sanctuary on the eastern
portion of the property which was initially developed in 1961. The proposed rezoning and
eventual church expansion will not adversely affect property values or living conditions or be
detrimental to the future residential development of adjacent properties because the use is
consistent with the subject property's use as a place of worship for the past 48 years.
6. The proposed use can be suitably buffered from surrounding uses so as to reduce the
impact of any nuisance or hazard to the neighborhood.
The 12-acre subject site is large enough to provide suitable buffering to adjacent single-family
homes to the east and future residential development to the north, south and west. The use is
deemed consistent with the adjacent day care center and will not present a nuisance or hazard
to the neighborhood. Site plans, architectural elevations and landscape plans will be submitted
during the site plan review process and reviewed accordingly to insure compatibility.
7. The proposed use will not create a density pattern that would over burden public
facilities such as schools, streets and utility services.
The proposed rezoning and expansion to the long-established, existing Sacred Heart parish will
not adversely impact public facilities such as schools, parks or government services due to its
non-residential nature. Existing roadways and utilities have been deemed adequate to serve
the proposed expansion. A traffic impact analysis confirming consistency with adopted
standards will be submitted as part of the site plan review process.
8. The proposed use will not create traffic congestion, flooding or drainage problems, or
otherwise affect public safety.
The proposed church expansion will comply with traffic associated standards for concurrency
and site impacts, including access to public streets. Drainage will be addressed in a site-specific
comprehensive manner through a master drainage system that insures consistency with
applicable standards. The subject property does not contain wetlands or areas of specific
environmental concern. Public safety will not be affected by the proposed church expansion.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
The proposed church expansion will meet all applicable land development and design
regulations and standards of the city code. Relief from the 30-foot building height restriction to
accommodate the architectural dome and bell tower is anticipated and will be addressed
through the special exception review process.
City of Okeechobee
55 SE 3' Avenue
Okeechobee, FL 34974
Tele: 863-763-3372 Fax: 863-763-1686
LAND USE POWER OF ATTORNEY
Name of Property Owner(s):
Diocese of Palm Beach, Inc.
Mailing Address: 9995 N. Military Trail, Palm Beach Gardens, FL 33410
Home Telephone: Work: 561-775-9500 Cell:
I Property Address: 901 S.W. 6th Street, Okeechobee, FL 34974
Parcel ED Number: 2-21-37-35-OAOO-00013-0000 02
Name of Applicant: Kevin McGinley
Home Telephone: 561-965-6024 Work561-686-2481 Cell: 561-758-7148
The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the
applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change
the land use of said property. This land use change may include rezoning of the property, the granting of special
exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions,
limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application
or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the
property to the original classification. This power of attorney may be terminated only by a written and notarized
statement of such termination effective upon receipt by the Planning Department.
IN WI F THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS
DAY OF
OWNER
WITNBSS
4 4 C.4.
OWNER WITNESS
Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn
acknowledged before me that they are the owner(s) of the real property descrike4 an ey executed the
power of attorne fo e p se stated therein. Sworn and subscribed this 51 (e day of Ob
' f
~ - 118ACIAi000
Notary Publi c: j 5a- ) CL a SEAL t COMLIM N
Commission Expires: 0:: 1 7~y -.o 05-- pig Apd24, Z=
' ~ e~a.an.~nowrr~mu~w.~we
Revised 7/08 Page 10 of 10 I{
I
DIOCESE OF PALM BEACH
9995 North Military Trail • P.O. Box 109650
- Palm Beach Gardens, Florida 33410-9650
Office of
THE BISHOP
(561) 775-9595 Fax (561) 775-7035
VERITgTEM
_ FACIENTES IN CARITATE j
February 26, 2009
City of Okeechobee
55 S.E. 3' Avenue
Okeechobee, Florida 39974
To Whom This May Concern:
I, Gerald M. Barbarito Bishop of the Diocese of Palm Beach, hereby authorize Mr. Kevin
McGinley of Land Research Management, to submit and represent applications related to the approval
of the church expansion for Sacred Heart Catholic Church, located at 901 SW 6t' Street, Okeechobee,
Florida 34974.
Sincerely urs,
L
ost Reverend Gerald M. Barbarito
Bishop of Palm Beach
GMB/amr
Parcel 2 a r 1
neo" elaraawt7 arw , l ' RAMCO Fp11M 07 r `rte 4,
Us 5praal Warranty ad :dads the 14th day oI Dooeuber A: D. 198 4 by
ToaDw i. ta'PADY, as BIxhop, of the Diooesai6f Orlando, ."u s -
in office and assigns, a oorposation 80110
hereinafter callr,<1 dw prunfor to
TF1CM V. DR=, as Bishop of the Diocese of Palm Beech, his :....e...a..a a in
office and astsigns, a a0rporaticn Role r.~,~~~~
whose postaffita• addre.• is 9999 N=th Military Trail, Palm Reach .7&Tdasea, YL 33410
herrireai4'i t-n11.•rf tLr grnnfrM
'Nhrrni: • I Un- r'r.r urm. •yea.:.:r'" .ar! non :.:ledr .11 d. par tin u tM. inwtt , and
th hhri:,. kµ1 :eprt <..:tr::.n aad --*k M -L.. wed she wen-,w,n. acd alas. .1 rnrP. i...1
WRRI s & That the orantor. for and in consideration o1 the sum of s 10.0ar---- and other
tmduohle considerations, ro etPt terllereof is hereby arknowdPdged, hereby aranta: bargains. spilt, aliens. re-
mises. releaser, ronrew nn.l confirms unto the grartteo, all that certain land situole in 0- a J."..
.
County. Florida. ri_:
B891M Mg at the SOtitlliPfitSt C ==W Of 191ctdC 250, lot Addition to the TtriMM
r; of Cf.::.~ :Laoo=dim to the plat thezoof an file ~iu~..tJh~~e Office
per of the Clark Of Circuit Court of C7otmty, MoLidn, far a
paint of brag rmiug, thewit sun north along the vast botadasy of said dp,
Blank 250 as eftaided a distance of 1039.5 feet to the south right 40
of they bouodary of Third Street, ezbarded, thence west almg the to
r nl.. : i south boundary of 1hind Street, rxterded, a distance of 502.66 feet,
tharlos mouth m a line parallel to the eastern boundary of said ao
tract a distamea of 1039.6 feet, thole east aloW nxth boundary
r of South Street a distance of 502.86 feet, to the mint of beginning.
y
a ' Subject to taltli'8 fcw 1984 and Jlearsr if not feaeffpt, lm
• z easemmits and :oestrictimm of r~eoootl, ~if any. r
6 r NO TAXABLE CONSIDERATION
l0 it!'~ with all the ienaner.ta. hereduaments and eppurtowum therete b.66_; - a~arv `
WLW appertaining.
To lbw ad to *old, du same in fee eimPle foneoer.
IM the grontor, hereby covenants untie said gnaaise that the grantor is &=I** ad mad of said laa.d
in fee rumple: that the grantor has good night and lawful authority to &A and conamw said lard, and 6es-
by awans to the title to ,mid Land and will defend the some opatnst the tmofal claims of all parsons obstrnhtg
by, through or under the and arandar.
alt ltqtM W, the said grantor has hereunto set him hand and seal the day and year
w first a6m writler..
Sign el sealed aid d rrPr#d in our presence:
'..~B.ti r~r.... 4
rA Of Mixub, his a C~e~
8016
STATE OF FLl11tID.
COU%TY OF ~tlL4 [
t~ 1 HERESY CLATIIFY that an dais day, before me, as
n~ Jdj~- am dad m aaa Otra, 1118 1h ePi~i+d
in office and ammigfss, a corparatim Dole
to we know* to be the Person described in and who mecuted the ioreroing iast m t and he aeknowledred
hdom sae that he eamicd the same.
I W,JITVM my head and official seal in die County and Stata last afaremia this ay of
iL+~lft A. D. 10 84. _
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. 1tytfovitasy Pt~l ic', State O! Florida
%7rththrrnx'IB f1nnahY/ OMM%jamimEXpft 6t by:
Notary PaM'k:, State of Florida at :Ripe
:1r/rrq:it iv.4, tdy Cotxnission EsDires t.'.dy T. 15x3
i rt :w+2 Bonded by American Fire & Casualty Co.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
• Phone: 239-334-3366 Fax: 239-334-6384
LaRueP] r Manawment Services, Inc.
Staff Report
Rezoning Request
'0~
4" ~P
7791
Prepared for•.• City of Okeechobee
Applicant: Sacred Heart Catholic Church
Petition No. 09-002-R
From: H
To: RSFI
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
General Information
Owner: Bishop Gerald M. Barbarito
Diocese of Palm Beach, Inc.
Owner Address: 9995 N. Military Trail
Palm Beach Gardens, FL 33410
'Owner Phone Number ° : 561-775-9500
Applicant Pastor Hugh Duffy
Sacred Heart Catholic' Church
Owner/Applicant's Agent Kevin McGinley,
Agent Phone Number 561-686-2481
Agent Fax Number 561-681-1551
Agent E-mail Irmi@bellsouth.net
Existing Proposed
Future Land Use Map Residential Single-Family Residential Single F>,
Classification
Zoning District H RSF1
U ofi Proj ffif+s
Acreage 12.0 acres 12.0 acres
Location: 901 S.W. 6th Street
Legal Description: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 250,
1ST ADDITION TO THE TOWN OF OKEECHOBEE, ACCORDING
TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF CIRCUIT COURT OF OKEECHOBEE COUNTY,
FLORIDA FOR A POINT OF BEGINNING, THENCE RUN
NORTH ALONG THE WEST BOUNDARY OF SAID BLOCK 250
AS EXTENDED A DISTANCE OF 1039.5 FEET TO THE SOUTH
RIGHT OF WAY BOUNDARY OF THIRD STREET, EXTENDED,
THENCE WEST ALONG THE SOUTH BOUNDARY OF THIRD
STREET, EXTENDED, A DISTANCE OF 502.86 FEET, THENCE
SOUTH ON A LINE PARALLEL TO THE EASTERLY
BOUNDARY OF SAID TRACT A DISTANCE OF 1039.6 FEET,
THENCE EAST ALONG NORTH BOUNDARY OF SOUTH
STREET A DISTANCE OF 502.86 FEET, TO THE POINT OF
BEGINNING.
1
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
Request:
The Applicant requests a zoning change from H (Holding)) to RSF1 (Residential Single-
Family) for approximately 12 acres of land located from about 200 feet north of SW 7th
Avenue to about 200 feet south of SW 10th Avenue between SW 6th and 9th Streets.
The Applicant intends to build a new 500-seat sanctuary on the eastern portion of the
property and convert the existing facility to a parish hall.
•
__W_' &7MOHMA-M alp DOW-1-
"Fuc>aeLand Use Map Classlcatfi Sngle Fa
'Zoii~ng District: kMF CL.T'' & 1=1
r Existing Land Use: Vacant/undeveloped and
. ..:3 private school
East: Future Land Use Map Classification: Single-Family, Multi Family
and Commercial
Zoning District: RSF1 and RMF
Existing Land Use: Child day care/single family
residences
5 ~,=~'hf, Uselll
~r, Sin` IFa~ty'
OF " PRO
r_xa_~ _rr`ga"rilt~e.. .xx~aa►~ideel?=_ ,w ,x
West: Future Land Use Map Classification: Single-Family
Zoning District: H
Existing Land Use: Vacant/undeveloped
General
The Current facility has been in place for many years and the intent is to replace the
current 250-seat church with a new facility capable of accommodating 500 persons.
The existing facility will be converted to a parish hall. The overall use of the property
will continue to include the various accessory uses including the parish hall, rectory,
pavilion offices, etc. The Applicant has submitted a preliminary site plan which indicates
that the dome of the new church will be approximately 71 feet in height and the cross at
the top of the bell tower will be at a height of almost 98 Y2 feet. A special exception will
ultimately be necessary. However, the site plan and design aspects, while informative,
should not be a consideration during the rezoning hearings.
2
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
Analysis:
Section 70-340 of the Land Development Regulations requires that the reviewing body
find that an application for rezoning meets each of the following conditions. The
Applicant has submitted a series of responses addressing these criteria. For ease of
review, we have included the Applicant's responses followed by Staff Comments in
bold typeface:
1. The proposed use is not contrary to Comprehensive Plan requirements.
"The proposed rezoning is not contrary to Comprehensive Plan requirements. The
subject property has a Future Land Use designation of Single-Family Residential.
The proposed rezoning from Holding (H) to Residential Single-Family (RSF1) is
therefore consistent with the Comprehensive Plan. Policy 3.3 of the Future Land
use Element of the Comprehensive Plan states that the city will coordinate with the
county such that "all property in the City is zoned in accordance with the Future
Land Use Element". The requested rezoning to the RSF1 District is not contrary to
the Comprehensive Plan requirements; rather, it furthers the adopted policies,
goals and objectives contained therein."
We agree with the Applicant's response. In addition, the RSF1 District is the
only zoning district available without amending the Future Land Use Map.
2. The proposed use being applied for is specifically authorized under the zoning
district in the Land Development Regulations.
"Houses of worship in excess of five (5) acres are permitted uses in the RSF1
District, pursuant to Article III, Division 1, Section 90-120, Code of Ordinances. The
subject property consists of 12.0 acres; therefore, the proposed rezoning and
planned expansion of the existing church is specifically authorized under the
requested zoning district."
We agree with the Applicant's response, but the excess height will require
approval of a special exception and the site plan will, of course, be reviewed
by the TRC to ensure that it meets all the requirements applicable to the use.
3. The proposed use will not have an adverse effect on the public interest.
"Houses of worship serve to provide religious, educational and social services to
area residents and are an integral part of the fabric of any community. Sacred
Heart Catholic Church, a long-established parish in the city of Okeechobee, has
and will continue to provide these essential community services and ministries
which serve the public interest."
We agree with the Applicant's response.
3
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
4. The proposed use is appropriate for the location proposed, is reasonably
compatible with adjacent land uses, and is not contrary or detrimental to
urbanizing land use patterns.
"The subject property is located in an area characterized as a mix of light
commercial (day care use), residential and institutional uses (day care center,
school and church). Vacant and undeveloped properties are located north, south
and west of the subject property. Several single family homes are located east of
the subject property, fronting along S.W. 7th Avenue.
Child day care centers are located at the intersection of S.W. 6th Street and S.W.
7th Avenue.
The proposed use is therefore appropriate and consistent for the subject property
in terms of development patterns in the area and adjacent land uses and is not
contrary or detrimental to urbanizing land use patterns.
We agree with the Applicant's response.
5. The proposed use will not adversely affect property values or living conditions, or
be detrimental to the improvement or development of adjacent property.
"The proposed rezoning will provide for the expansion of the Sacred Heart
Catholic Church parish and is a logical and orderly step in the development of the
property. The proposed rezoning will allow the parish to construct its planned 500-
seat sanctuary on the eastern portion of the property which was initially developed
in 1961. The proposed rezoning and eventual church expansion will not adversely
affect property values or living conditions or be detrimental to the future residential
development of adjacent properties because the use is consistent with the subject
property's use as a place of worship for the past 48 years."
We agree with the Applicant's response.
6. The proposed use can be suitably buffered from surrounding uses so as to reduce
the impact of any nuisance or hazard to the neighborhood.
"The 12-acre subject site is large enough to provide suitable buffering to adjacent
single-family homes to the east and future residential development to the north,
south and west. The use is deemed consistent with the adjacent day care center
and will not present a nuisance or hazard to the neighborhood. Site plans,
architectural elevations and landscape plans will be submitted during the site plan
review process and reviewed accordingly to insure compatibility."
We agree with the Applicant's response and note that the height of the
structure will be considered during a separate hearing on the special
exception.
4
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
7. The proposed use will not create a density pattern that would over burden public
facilities such as schools, streets and utility services.
"The proposed rezoning and expansion to the long-established, existing Sacred
Heart parish will not adversely impact public facilities such as schools, parks or
government services due to its non-residential nature. Existing roadways and
utilities have been deemed adequate to serve the proposed expansion. A traffic
impact analysis confirming consistency with adopted standards will be submitted
as part of the site plan review process."
We agree with the Applicant's response, but note that the specifics of the
demand for public facilities and services and traffic impacts will considered
during the site plan review stage.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
"The proposed church expansion will comply with traffic associated standards for
concurrency and site impacts, including access to public streets. Drainage will be
addressed in a site-specific comprehensive manner through a master drainage
system that insures consistency with applicable standards. The subject property
does not contain wetlands or areas of specific environmental concern. Public
safety will not be affected by the proposed church expansion."
We agree with the Applicant's response to the degree that it deals with the
rezoning to RSF1. The effects of the specific use and its specific develop-
ment characteristics, and any conditions that may be needed to minimize
their effects will be assessed during the special exception and site plan
review stages.
9. The proposed use has not been inordinately burdened by unnecessary
restrictions.
The proposed church expansion will meet all applicable land development and
design regulations and standards of the city code. Relief from the 30-foot building
height restriction to accommodate the architectural dome and bell tower is
anticipated and will be addressed through the special exception review process.
We agree with the Applicant's response.
Recommendation:
Based on the foregoing analysis, Staff recommends approval of the applicant's request
to rezone the property from H to RSF1.
5
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
Submitted by:
James G. LaRue, AICP
April 7, 2009
Planning Board hearing: April 16, 2009
City Council Hearings: May.5, 2009, May 19, 2009
Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's
Aerial
6
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
FUTURE LAND USE
SACRED HEART CATHOLIC CHURCH
AND ENVIRONS
j 191
a 2=-- 193 194 1 c
- 197 19/`
Subject - ti
251, 0
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500 0 500 1000 Feet
0 Sacred Heart Catholic Church
SINGLE - FAMILY
0 MULTI - FAMILY
0 RESIDENTIAL MIXED USE
COM MERC IAL
INDUSTRIAL
0 PUBLIC FACILITIES
7
r
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
ZONING
SACRED HEART CATHOLIC CHURCH
AND ENVIRONS
9 ~ pa 92
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500 0 500 1000 Feet
Sacred Heat Cathdic Church
0 H
0 RSF1
RMH
RSF2
RMF
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CBD
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= PUD-R
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8
Staff Report Applicant: Sacred Heart Catholic Church
Rezoning Request Petition No.: 09-002-R
Okeechobee County Property Appraiser's Aerial
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9
WENDENT 763-M34 1
IMMEWSPAreRS (ee)
OKEECHOBEE NEWS 107 S.W.17th Street, Suite D, Okeechobee, FL 34974
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 fit" C_ 0 P C_an►*u-s•A001""""K
taria a ~ ~,~,wm'
in the matter of
be Wd at "A 55
not P1Wn b. =..42 QRS
~CW« o SWAM ~
164D BE AUVW IIA4
in the 19th judicial District of the Circuit Court of do* W
Okeechobee County, Florida, was published in Of to am
m be bM&
said newspaper in the issues of W "q ^ K4
In Motm moo dabon I* MW ow
dam 2
l V 2009 r V00V D 18009 6170
Affiant further says that the said Okeechobee 3 0,,, 0
News is a newspaper published at Okeechobee, in
said Okeechobee County, Florida, and that saidil
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.
S or )to and subscribed before me this
day of
Public, State of Flor' at Large
216' P4~ Janetta Thibouit
4 ; Commission; D 0D 311
Expires JWWarY 1
of