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2012-07-19 ''F CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS '0 JULY 19, 2012 SUMMARY OF BOARD ACTION •r10 PAGE 1 OF 6 AGENDA ACTION-DISCUSSION-VOTE 1. CALL TO ORDER-Chairperson. Chairperson Hoover called the July 19,2012 meeting to order at 6:01 p.m. ti. CHAIRPERSON,MEMBER AND STAFF ATTENDANCE-Secretary. Board Secretary Burnette called the roll: Chairperson Dawn Hoover Present Vice-Chairperson Terry Burroughs Present Board Member Karyne Brass Present Board Member Kenneth Keller Present Board Member Douglas McCoy Present Board Member Malissa Morgan Absent(with consent) Board Member Gary Ritter Present Alternate Board Member Phil Baughman Absent(with consent) Alternate Board Member Les McCreary Present(moved to voting position) Attorney John R.Cook Absent(attending City Attorney Conference) City Planning Consultant Bill Brisson,Senior Planner Present Board Secretary Patty M.Burnette Present III. MINUTES-Secretary. A. Motion to dispense with the reading and approve the Summary of Member Burroughs moved to dispense with the reading and approve the Summary of Board Action for the June 21, Board Action for the June 21,2012 regular meeting. 2012 Regular Meeting;seconded by Member McCoy.There was no discussion on this item. VOTE HOOVER-YEA BURROUGHS-YEA BRASS-YEA KELLER-YEA McCoy-YEA MORGAN-ABSENT RITTER-YEA BAUGHMAN•ABSENT MCCREARY-YEA MOTION CARRIED. IV. AGENDA-Chairperson. A. Requests for the addition,deferral or withdrawal of items on today's Chairperson Hoover asked whether there were any requests for the addition,deferral or withdrawal of items on today's agenda. agenda.There being none the agenda stands as published. JULY 19,2012-PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS-PAGE 2 OF 6 AGENDA ACTION•DISCUSSION-VOTE V. CONSIDER PETITIONS AND APPLICATIONS-Chairperson. A. Petition No.12-001-R,submitted by Muhammad Nooruddin on behalf Petition No.12-001-R,was submitted by Mr.Muhammad Nooruddin on behalf of property owners A.M.S.A.Holdings, of property owners A.M.S.A.Holdings,LLC and E.A.A.A.S.Holdings, LLC and E.A.A.A.S.Holdings,LLC,for property located at 608 NE 2nd Avenue,to change the Zoning on Lots 3 to 6 of LLC,for property located at 608 NE 2"d Avenue,to change the Zoning Block 78,City of Okeechobee,from Commercial Professional Office(CPO)to Light Commercial(CLT). classification on Lots 3 to-6 of Block 78 City of Okeechobee,from Commercial Professional Office (CPO)to Light Commercial (CLT) (Exhibit 1). 1. Hear from Planning Staff. Planner Brisson addressed the Board to review the proposed rezoning. Code Book Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets the following conditions: The proposed use is not contrary to the Comprehensive Plan requirements since the Future Land Use classification is Commercial.The proposed use being applied for is specifically authorized under the Zoning District.The property is currently zoned CPO with a Special Exception for an Assisted Living Facility(ALF).The proposed use,a Group Home,is a Special Exception use in CLT.However,the owner has offered that they will be using the ALF on the second floor and an Alcohol and/or Drug Rehabilitation Center on the first floor.This falls under the definition of a Group Home,which should not have an adverse effect on the public interest. The proposed use is appropriate for the location,is reasonably compatible with adjacent land uses,and is not contrary or detrimental to urbanizing land use patterns.Surrounding uses are largely commercial,however there is a residence and multi-family uses to the South.Group Homes are also a Special Exception use in Residential Multiple Family(RMF) Zoning Districts.The residence is located in the proposed Transitional Commercial Overlay area,and Planning Staff expects it will eventually be used more intensively for either multi-family or commercial uses.The site is already suitably buffered from adjacent properties to the South,and East by a concrete fence.All of the existing uses to the North,and West are separated from the facility by Northeast 7th Street and 2"d Avenue.The proposed use will not create a density pattern that would overburden public facilities such as schools,streets,and utility services;nor should it create traffic congestion,flooding or drainage problems,or otherwise affect public safety The proposed use has not been inordinately burdened by unnecessary restrictions. Planning Staff recommends approval of the petition and permitting the applicant to apply for a Special Exception use for a Group Home.However,it is suggested that during consideration of the Special Exception to allow establishment of a Alcohol and/or Drug Rehabilitation Center that special conditions be added. JULY 19,2012-PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS-PAGE 3 OF 6 AGENDA ACTION-DISCUSSION-VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 2. Hear from the property owner or designee/agent,Petition No. Chairperson Hoover yielded the floor to Mr. Nooruddin, who explained that the Alcohol and/or Drug Rehabilitation 12-001-R to rezone Lots 3 to 6 of Block 78, City of patients would be permitted on the first floor only.They would not be permitted to drive themselves to the facility and Okeechobee,from CPO to CLT continued. would be required to sign a form that would state that they would not be able to leave the facility until authorized. Several Board Members asked specific questions and raised concerns of combining these two types of facilities in one building and for surrounding families.Mr.Nooruddin offered various methods that will be put in place to keep the ALF residences separate from the rehabilitation clients,as well as the requirements of them to be in the program. 3. Open Public Hearing for comment-Chairperson. Chairperson Hoover opened the Public Hearing at 6:42 p.m.and asked whether there were any questions or comments from the public.There was none. 4. Close Public Hearing-Chairperson. Chairperson Hoover closed the Public Hearing at 6:43 p.m. 5. Board Discussion. Chairperson Hoover asked whether there was any further discussion from the Board.There was none. 6. Consider motion for recommendation to City Council and vote. Board Member Burroughs made a motion,based on Planning Staff findings to recommend approval to the City Council for Petition No.12-001-R,to rezone Lots 3 to 6 of Block 78,City of Okeechobee,from CPO to CLT;seconded by Board Member McCoy. VOTE HOOVER YEA BURROUGHS-YEA BRASS-NAY KELLER-NAY MCCOY-YEA MORGAN-ABSENT RITTER-YEA BAUGHMAN-ABSENT MCCREARY-NAY MOTION CARRIED. Petition will be forwarded in Ordinance form for a Final Public Hearing on September 4,2012 before City Council. QUASI-JUDICIAL B. Petition No.12-003-SE,submitted by Muhammad Nooruddin on behalf Petition No.12-003-SE,was submitted by Mr.Nooruddin on behalf of property owners,A.M.S.A.Holdings,LLC and of property owners,A.M.S.A.Holdings,LLC and E.A.A.A.S.Holdings, E.A.A.A.S.Holdings,LLC for property located at 608 NE 2nd Avenue,Legal:Lots 3 to 6 of Block 78 City of Okeechobee, LLC for property located at 608 NE 2°d Avenue,Legal:Lots 3 to 6 of to allow a Group Home that would provide for a Alcohol and/or Drug Rehabilitation Center and ALF within a Light Block 78 City of Okeechobee, to allow a group home that would Commercial(CLT)Zoning district.(Ref.Sec.90-253(16)). provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning District, (Ref. Sec. 90-253(16)) (Exhibit 2). JULY 19,2012-PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS-PAGE 4 OF 6 AGENDA ACTION-DISCUSSION-VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 1. Hear from Planning Staff,Petition No.12-003-SE requesting Planner Brisson reviewed the Planning Staff report.Code Book Section 70-373(b)requires that an applicant address, a Special Exception to allow for a Group Home in a CLT during the presentation to the Board of Adjustment, the following standards for granting a Special Exception: Zoning District continued. Demonstrate that the proposed location and site are appropriate for the use.The specific proposed use is a Alcohol and/or Drug Rehabilitation Center with an ALF.This use qualifies under the definition of a Group Home,which Mr, Brisson read in its'entirety,stating further that a rehabilitation center is reasonably compatible with the zoning and existing commercial uses on adjacent properties.The subject property is located one block East of North Parrott Avenue and within the proposed Transitional Commercial Overlay area,where properties are expected to be zoned primarily CLT,CPO,or RMF. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood,or explain why no specific design efforts are needed.The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance.Just as the current ALF has little or no effect upon the surrounding neighborhood,the treatment center will occur entirely within the property and have no significant effects upon the surrounding properties.Since the residents will not be leaving the building unattended,no specific design efforts are needed. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary.The building and grounds are already suitably buffered from adjacent properties to the South and East by a concrete fence.Uses to the North and West are separated from the facility by Northeast 7th Street and 2nd Avenue and need no special screening treatments. Demonstrate what is proposed to reduce the impacts of any potential hazards,problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems.There will be no increase in the number of beds in the facility.Since the drug and/or alcohol rehabilitation patients are driven to the facility,dropped off, and are unable to leave the facility until released and picked up by friends or relatives,the impacts of the operation will be no different from those of the previously approved ALF.Presumably,the only difference in the operation will be the use of drug and/or alcohol rehabilitation counselors replacing some of the ALF Staff.The existing building and site have been developed to provide for temporary or permanent living. Demonstrate how the impact of traffic generation will be handled off-site and on-site.The applicant has not provided specific information regarding how traffic may or may not differ from the existing use.Planning Staff would not expect traffic associated with those servicing the facility would differ between the rehabilitation operation and the ALF. Therefore,we would expect only a minimal potential increase in traffic. JULY 19,2012-PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS•PAGE 5 OF 6 AGENDA ACTION-DISCUSSION-VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 1. Hear from Planning Staff,Petition No.12-003-SE requesting Planning Staff recommends approval of the Special Exception request to allow a Group Home involved in the operation a Special Exception to allow for a Group Home in a CLT of a drug and/or alcohol rehabilitation program on the property,with the following conditions: 1. No patient shall be Zoning District continued. admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight.2.No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. 2. Hear from the property owner or designee/agent. Mr.Nooruddin stated that the safety concerns of the Board would be addressed and that existing residences at the ALF were very important to him. The Board noted their concern for surrounding residences as well. Planner Brisson suggested that the Board add another condition that there would need to be some sort of electronic or manual blocking mechanism on entrance and exit doors of the Alcohol and/or Drug Rehabilitation Center. 3. Open Public Hearing for comment-Chairperson. Chairperson Hoover opened the Public Hearing at 7:00 p.m.and asked whether there were any questions or comments from the public.There was none. 4. Close Public Hearing-Chairperson. Chairperson Hoover closed the Public Hearing at 7:01 p.m. 5. Board Discussion. Chairperson Hoover asked whether there was any further discussion from the Board.Member Burroughs asked how the surrounding property owners were notified and the verbiage that was used.The notices mailed referenced a Group Home and the advertisement in the newspaper referenced a Group Home with a rehabilitation center and ALF.The Board discussed the language of the notices to surrounding property owners and suggested that "drug/alcohol rehabilitation"specially be used in the notice for the final Public Hearing. When reaching a conclusion on a Special Exception request,the Board of Adjustment must consider and show in its record the following findings as set forth in Code Book Section 70-373(c).The proposed use is found:Not to be contrary to the Comprehensive Plan.Specifically authorized as a special exception use in the zoning district.Will not have an adverse effect on the public interest. Is appropriate for the proposed location,is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns.Will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property.Will not create a density pattern that will overburden public facilities such as schools,streets,and utility services.Will not create traffic congestion,flooding or drainage problems, or otherwise affect public safety. 3 9 4 JULY 19,2012-PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS-PAGE 6 OF 6 AGENDA ACTION - DISCUSSION -VOTE V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 6. Consider motion for recommendation to City Council and Board Member Burroughs made a motion,based on Planning Staff findings to approve Petition No. 12-003-SE,to allow vote. a Group Home that would provide for a Alcohol and/or Drug Rehabilitation Center and ALF within a CLT Zoning District with the following stipulations: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight.2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility,or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. 3. Some type of electronic or manual blocking mechanism on entrance/exit of the facility as well as on the entrance/exit doors to the detox center;seconded by Board Member Ritter. VOTE HOOVER-YEA BURROUGHS-YEA BRASS-NAY KELLER-NAY MCCOY-YEA MORGAN-ABSENT RITTER-YEA BAUGHMAN-ABSENT MCCREARY-NAY MOTION CARRIED. VI. NEW BUSINESS-Chairperson. A. Consider any additional requests for amendments to the City's Land Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. Development Regulations. None were offered. VII. ADJOURNMENT-Chairperson. Chairperson Hoover adjourned the meeting at 7:03 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 appeal is to be based.General Services media are for the sole purpose of backup for official records of the Department. /A t of ATTEST: Dawn T. Hoover, Chairperson f 1.'" '7 _..- Patty M. Burnette, Secretary City of Okeechobee Pg 1 of (I Planning Board/Board of Adjustment and Appeals Patty's Hand written Minutes June 21, 2012 I. Call To Order- Chairperson: Chair Hoover called the July 19, 2012, Planning Board and Board of Adjustment and Appeals Regular Meeting to order at (n D I p.m. II. Chairperson, Board Member Staff Attendance- Secretary. PRESENT ABSENT(W OR W/0 CONSENT) Chairperson Hoover Vice Chairperson Burroughs ✓ Board Member Brass ✓ Board Member Keller Board Member McCoy Board Member Morgan A fo (14 05tvcr Board Member Ritter Alternate Board Member Baughman A b'il+ w/Coast 144 Alternate Board Member McCreary D110■-1-'40 v fZg Planning Consultant Brisson, Senior Planner Board Attorney Cook Ab6trAte w( ns-e vt j- Board Secretary Burnette III. Minutes - Secretary. A. Board Member IT) moved to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the June 21, 2012 regular meeting; seconded by Board w. ca Member 0(1(1 `L Discussion: o n Y� VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BRASS KELLER MCCOY MORGAN ✓ RITTER BAUGHMAN MCCREARY RFStII TS. ARRIFD DENIED I July 19,2012-PB/BOA Minute Guide-Page 2 of ) I IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. n� ^ V. Consider Petitions and Applications. A. Petition No. 12-001-R, submitted by Muhammad Nooruddin on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, for property located at 608 NE 2nd Avenue, to change the Zoning classification on Lots 3-6 of Block 78 City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) (Exhibit 1). no CLCf v2r f kec f-o✓� l�- 1. Hear from Planning Staff. 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 provided comment to each of the required findings. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed use is not contrary to Comprehensive Plan requirements. "The property is located within Comprehensive Plan requirements. Future map is within Commercial." Staff Comment: The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Further, the subject property is located within the second block east of US 441, thereby falling within the area proposed as the Transitional Commercial Overlay Future Land Use Subcategory where CLT is generally considered a compatible zoning designation. There are also other areas similarly situated along NE 2nd Avenue that are zoned CLT. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The property is currently zoned "CPO"with Special Exception for Assisted Living Facility." Staff Comment: The proposed use, Group Home, is a Special Exception use in the CLT zoning district. The specific proposed use is an alcohol and/or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency." July 19,2012-PB/BOA Minute Guide-Page 3 of 3. The proposed use will not have an adverse effect on the public interest. "We will use 6—8 beds initially for detox purposes, where patients drop off for detox treatment anywhere from 1 —4 weeks as an average. It will be good for Okeechobee since there is no detox center in Okeechobee." qIF_ 121✓maa,cn Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. 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. "North of the building is Heavy Commercial. South: Vacant land. East of the building is Heavy Commercial or CPO. West of Building is Heavy Commercial (repair service)." Staff Comment: CLT zoning and its allowable uses are reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single-family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single- family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi-family or commercial use. We do not believe the operation of an alcohol/drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay 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. "The proposed use of the property will not affect value or living condition. 4 -6 beds use of ground floor for detox will not adversely affect property value." [Staff Note: We believe the actual proposal is for 6—8 beds for detox use.] Staff Comment: For the same reasons given in our comments to number 4, above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The proposed use of CLT will [be] suitably buffered within surrounding properties. It will be no hazard to the neighborhood. It will be business within existing business. There will not be any additional parking required, as patients will be dropped off." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use of the existing business has/will not affect the facility's utilities usage more than the current usage. 4—6 beds of detox (or in future may convert total facility to patients with detox)will keep the same usage of utilities as currently." [Staff Note: We believe the actual proposal is for 6—8 beds for detox use.] Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. July 19,2012-PB/BOA Minute Guide-Page 4 of I 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Patients with Detox Rehabilitation most likely [will be]dropped off to the facility. They will be living in facility as the current residents are living. Maximum number will not exceed the 32. (If we decided to go that route in the future.)" Staff Comment: There will be no increase in the number of beds in the facility, therefore one would not expect any increase in traffic. Similarly, the physical facility will be unchanged and no effect upon flooding, drainage patterns or any aspect of public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "We have to get/apply for State license prior to admitting any detox drug and/or alcohol rehabilitation patients. Otherwise, there are no restrictions." Staff Comment: The proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation: Staff recommends approval of the request to rezone the property from CPO to CLT thereby permitting 4\ the Applicant to apply for a Special Exception for a Group Home. We do, however, suggest that during consideration of the Special Exception to allow establishment of a alcohol/drug rehabilitation (detox) center the following be considered as conditions of any approval: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility ,\`'` overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the N,,(,,patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. i5 r er, �� i�f r e 6144=orcevr * - w©Le,t.ct to�� . ' p r-P Corr,�pla.utfs - 114-c Corr 614c-41 / cL� e �C'Cttr�y rCls ��« ( 2. Hear from the property owner or designee/agent. Mt.kka-kh.i&ad Doc►vu--d(1-- Uy 11G r p i 1 CYI C It v t-A- L cU� li� Ktltex-- C�✓ t >ov—ld a� tie to �ypp��s �iC+cM ���r e rl�l ;,,brit �ecu Mule tiwt 4 d a Poo,'" S cA b1C�- - (�O n ce y r 1 oil M bt ae) 5-cc h at- I t nhram ce. 1' jj --}w Sf t.�c e n�t ( u (-e c& rr 3}-a t`►'1�� . J!i'�1 �eY o`i— dOC, � �'Vl{el,�fats • .0 retk-t-5 tit" - n�LCLS f t (�oLJ O�Iy c�cL�r iz� vt klC�tEc�rn (1-7-1 ou (Ulu ere Ct c fvt�� (PA- n f .r i h 2 6)0:t 0300tijAr ee ` �Rt")ernls Ott#rr� ;i ctr ✓t rl 1 i�7ltti Q/l C'1, �� VS kiC�rs a cw AA.e eel - 0 6'4 ° - 1-f'(IA l C o 4-1-4)I V)Irk c*-4 h CUp u,s I n;i rt-e. em.9. IO'-ooprvt doors a.✓e (oc Ice c{ &LCt-yrn s y,,{-Q rvt. July 19,2012-PB/BOA Minute Guide-Page 5 of (1 Q,vwt_v&c 3. Chair Hoover opened the Public Hearing at (0;10- p.m. for public comment- Chairperson. s it 4. Chair Hoover closed the Public Hearing at 6 •qt) p.m. - Chairperson. ICL''�LtJ�, lit 5. Board Discussion. f'' i 1 P t?ei r>°(11/4- • e 1,0,40,1>i tvvs∎CtI. 7ôukt itt ct CCe. :Loll '---1 bind.- 61, k1?e t“) I but -tom 4+�-C. M.+} bV(X.C-1, A,va-x-rt-cl- c i.b. _J 1 ►AcC ern-( b 01 ins id-L..4 ” dd- 41 wAw4-t u,2 'Foy !Cd bi{ S 1�ti v�ss�,� u P b'- (1A-P,C kCc .� v"---✓ -- et C C-eSS- bcx Ze. \v UY ��L�y4Jti v el (ko NAB e l-e>r�azY k s CSC rc•,� r?Nn ()-a vse s �. ry. A d e va_1-v-. 'BY1S�c-vt ( Ct 1 a.4-�cwLcf. A c u d nevi I-E,0:_(1 f t t_p c 04)v_t -k tc h to w-e Ct re s�Gtrl5 cIvn, f 19(4),-) �(e+ - 1Nc��nny t,�,1 1 ' ` `� Creel - ' 6yli 001,)2:SI*-r , 0 /07-ta- t lac-- CR.ci In Lt*-E-t u'K - Co ,p o)(ft ct invOfunfCt s 9•. Q0,- i•.-.►.- PL0-Cc.. / 6 i SP 4-ti) a1 1, )fait t- if AaCCt @ CO July 19,2012-PB/BOA Minute Guide-Page 6 of I 6. Consider motion for recommendation to City Council and vote. Board Member. made a motion, based on Planning Staff findings to recommend approval to the City Council for Petition No. 12-001-R, to rezone Lots 3-6 of Block 78 City of Okeechobee, from CPO to CLT; seconded by Board Member Y'1 VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER /h BURROUGHS 0\1 ✓ BRASS I,/ KELLER " MCCOY ✓ MORGAN itOtAk RITTER BAUGHMAN ✓ MCCREARY I RFSUI TS. (CARRIF DFNIFD I Petition will be forwarded in Ordinance form for a Final Public Hearing on September 4, 2012 before City Council. QUASI-JUDICIAL \\V c/ B. Petition No. 12-003-SE, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for property located at 608 NE 2n°Avenue, Legal: Lots 3-6 of Block 78 City of Ai Okeechobee, to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning district. (Ref. Sec. 90-253(16)) (Exhibit 2). 1. Hear from Planning Staff. Section 70-373 (b) requires that the Applicant address, during the presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has provided comment to each of the required findings. Staff comments follow the Applicant's statements. (1) Demonstrate that the proposed location and site are appropriate for the use. "Group home is the appropriate [use designation]for drug and/or alcohol rehabilitation." Staff Comment: The specific proposed use is an alcohol and/or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency." July 19,2012-PB/BOA Minute Guide-Page 7 of I A drug and/or alcohol rehabilitation facility is reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. The subject property is located one block east of US 441 within the Transitional Commercial Overlay area within which properties are expected to be zoned primarily CLT, CPO, or Residential Multiple Family (RMF). Two of these zoning districts (CLT and RMF) allow Group Homes. Although one adjacent property is zoned Residential Single Family-1 (RSF-1) and used as a single-family residence, it is adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single-family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi-family or commercial use. We agree that the location and specific site are appropriate for the proposed use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The existing building is appropriate for the use of drug/alcohol rehabilitation for residents. No change in structure needed. It will accommodate partial or full use if needed in future up to 32 beds." Staff Comment: The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, the treatment for alcohol or drug rehabilitation will occur entirely within the property and have no significant effects upon the surrounding properties. Since the residents will not be leaving the building unattended, no specific design efforts are needed. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses;or explain why no visual screening is necessary. "Current landscaping is perfect for the use of building for detox, alcohol and/or drug rehabilitation facility." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. cito""t° AO- AS4.,/ e 0..4V cg (e"-, 0") (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "Assisted living facility is running in proposed building. Alcohol and/or drug rehabilitation will fit just fine without adding any current staffing except counselors. No additional parking required, as residents will be dropped off." Staff Comment: There will be no increase in the number of beds in the facility. Since the drug and/or alcohol rehabilitation patients are driven to the facility, dropped off, and are unable to leave the facility until released and picked up by friends or relatives, the impacts of the operation will be no different from those of the previously approved ALF. Presumably, the only difference in the operation will be the use of drug and/or alcohol rehabilitation counselors replacing some of the ALF Staff. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, and presents no hazards or public nuisances, the alcohol or drug rehabilitation treatment will occur entirely within the building and have no significant effects upon the surrounding properties. July 19,2012-PB/BOA Minute Guide-Page 8 of II (5) Demonstrate how the utilities and other service requirements of the use can be met. "Current utilities are designed for assisted living facility, which perfectly fit for the use of alcohol and/or drug rehabilitation up to 32 beds if used up to full capacity." Staff Comment: Since there will be no increase in the number of beds in the facility, one would not expect any increase in the demand upon utilities or other service requirements such as sanitary sewer or solid waste. (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. "For alcohol and/or drug residents, most likely they will be dropped off at the facility and picked up at the time of discharge. No additional parking is required." Staff Comment: The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence among those undergoing rehabilitation will be less than that among ALF residents there will be greater turnover among the residents. The rehabilitation residency will probably average somewhat less than one month, indicating that even if all 32 units were devoted to rehabilitation, there would only be one or maybe two extra trips per day due to the increased turnover. Also, we would not expect traffic associated with those servicing the facility would differ between the rehabilitation operation and the ALF. Therefore we would expect only a minimal potential increase in traffic. When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider and show in its record the following findings as set forth in Section 70-373(c). The Applicant has provided comment to each of the required findings. Staff comments follow the Applicant's statements. (1) The use is not contrary to the Comprehensive Plan requirements. "The use will fit perfectly in existing building." Staff Comment: The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. "Group home will allow us to see residents with drug and/or alcohol issue. 4—6 beds will be used initially with options to convert assisted living into detox center if needed." [Staff Note: We believe the actual proposal is for 6—8 beds for detox use.] Staff Comment: Section 90-253 specifically authorizes a group home as a special exception use within the CLT Zoning District. As noted previously, alcohol and/or drug rehabilitation qualifies as an allowable special exception use under the definition of Group Home in the LDC. (3) The use will not have an adverse effect on the public interest. "It will be same effect as assisted living facility currently using." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. .»R �� � 5; n' July 19,2012-PB/BOA Minute Guide-Page 9 of / I te" c (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The assisted living facility will fit perfect for detox center for drug and/or alcohol rehabilitation." Staff Comment: A drug and/or alcohol rehabilitation facility is reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF-1 and used as a single-family residence. This property is also adjacent to RMF zoning which also allows Groin Homes as a Special Exception use. Given that the single- family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi-family or commercial use. We do not believe the operation of a alcohol/drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. („}j\(5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of ��" adjacent property. "There will be no effect upon the existing value of the living condition and property value." (toe-' -I• h6+ (04,-cr ,n Y1Gti9tn n Staff Comment: For the same reasons give in our comments to number(4), above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "The existing building already has walls surrounded by the neighborhood." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "The current use will remain the same or actually less due to the fact residents will be dropped off to the facility and picked up after being part of drug and/or alcohol rehabilitation program." Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Parking requirement has no effect on the use. In fact most likely residents will be dropped off and will be picked up at the end of the program." Staff Comment: The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence among those undergoing rehabilitation will be less than that among ALF residents. The rehabilitation residency will probably average somewhat less than one month, indicating that even if all 32 units were devoted to rehabilitation, there would only be one or maybe two extra trips per day due to turnover. We would not expect traffic associated with service providers would differ between the rehabilitation operation and that of the ALF. Therefore we would expect only a minimal potential increase in traffic. 1 pDI i� ko Vka-AI Z... �u�zek3 �� ems',01, -t c•'0 --tom July 19,2012-PB/BOA Minute Guide-Page 10 of Recommendation: Staff recommends approval of the Special Exception request to allow a Group Home involved in the operation of a drug and/or alcohol rehabilitation program on the property. We do, however, suggest that the Approval be predicated on the following stipulations: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. 2. Hear from the property owner or designee/agent. 3. Chair Hoover opened the Public Hearing at 7 °� p.m. for public comment- Chairperson. 4. Chair Hoover closed the Public Hearing at 71 0 p.m. -Chairperson. 5. Board Discussion. pt4--/ erlit e r-05., oni, I n pro 6_4(y nfl_ • C tl c o wnw3 iu:p a(La i,- '1) C--' Ijkc Co' (Jy�t �64-4-4--, , iV Y t t cif. - - r,: (ao / A-dvkzv+isav ��rme— CA t' c �,(0I -:0-Q'1 • (lO.ti a. , 6v-,-1 (\, , ct i 666? i,1101 r.'' ,. CA a d -V, - ; July 19,2012-PB/BOA Minute Guide-Page 11 of I I (16? 0 P �1) L �� 6. Consider motion for recommendation to City Council and vote. }" Board Member - made a motion, based on Planning Staff findings to approve Petition No. 12-003-SE, to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a CLT Zoning District. (Ref. Sec. 90-253(16)) with the following stipulations: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking t e released patient to public transportation for return to his/her home; seconded by Board Member �t . /t16 I'1 p c I v6t5 fib rico/t .au LI-Li'$ ,)„tr° l rYVXha. tcSaYt, ' a y s b elu j c41CA e i f C, c b 10c Ioe..'t�, erne c La.r.s rn e■IA u 4- 0 1:, �,A f is� ,�Q,�,� ,,� � ` Akf fS{'caltd/S `,1gIv f Ply cit - VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ BURROUGHS `/ BRASS L/ KELLER '/ MCCOY MORGAN V RITTER ✓ BAUGHMAN MCCREARY I/ I RFSUI TS. (CARRIFf nFNIFn I VI. New Business - airperson. A. Chair Hoover asked whether there were any requests for amendments to the City's Land Development Regulations. VII. Adjourn Meeting - Chairperson c t �� . p.m. INDEPENDENT_ NEWSPAPERS iill OKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134 — ri- IC1 — I � p6I 13014 STATE OF FLORIDA T (1f1�t.0 i- '( COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he 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 V L i._6'-L c-J )1.6-c 4--C G' \ -� �1 in the matter of L-6-k. )). c -__ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 7//3 (i,)-- . Affiant further says that the said Okeechobee News NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The city of Okeechobee Flaming Board will meet as the Local is a newspaper published at Okeechobee, in said PlanMng Agency on Thursday,7uy t9,2012 at.6:00 P.rs.or as soon p i merearter as po�ible,to coratder an Proposed amendments,submitted by Okeechobee County, Florida, and that said newspaper R, ,d„�,dthe ad°poedy c° hie awn,whkh maY in- Y' All amendments are forwarded,ad0,with a recommendation,to tlhee°City(Count' has heretofore been published continuously in said for final cons ratlon•The meeting will be held at qty Hail,55 Southeast Y Y 3rd Avenue,In the Eoundl Chambers,Room 200,Okeediobee,Ronda. Okeechobee County, Florida each week and has been PLEASE TAKE NOTICE AND BE ADVISED that no stenograpphic record by a Y� cerryrtifipeedrs ocourt reporter wiI be made of the foregoing meetlrg.Accordingly, entered as second class mail matter at the post office in any here)w°gl b°e r on`°appeal arty a ver n irn ecor the matters no responsible for making a verbatim record of the testlmo- n and evidence at said meeting upon which any appeal is to be based. Okeechobee, in said Okeechobee County, Florida, for a F ° �^ at863-763-3372,awebslte to o�ln a copy o ithe agenda. In acoordIa�ra5e wKh the Amerkats wtiothpDarlstiacbpllaitles Act(ADA)of 1990 per- period of one year next preceding the first publication r�aeOenetal noat8637631337�21fo a dingshoukt of the attached copy of advertisement, and affiant fur- 4 925an Whitehall, o°"gAdmIni `or ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this 1 day of ti- -t, ,---.<..,!'...._/• ` AD ‘ () Notary Public, State of Florida at Large ..,- ire . .. - ,_. J O.:* ANGIE BRIDGES 4 . i! i4 MY COMMISSION k EE 177653 ...,..: EXPIRES:April 20,2016 %'h,o7.k Bonded Thru Notary Public Underwriters • of A.OF•OKFFC �,`�• y�� CITY OF OKEECHOBEE %La. - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING JULY 19, 2012 ;. �`� OFFICIAL AGENDA d,' PAGE 1 OF 2 I. CALL TO ORDER-Chairperson.July 19,2012 Planning Board/Board of Adjustment and Appeals Meeting,6:00 p.m. II. CHAIRPERSON,BOARD MEMBER AND STAFF ATTENDANCE-Secretary. Chairperson Dawn Hoover Vice-Chairperson Terry Burroughs Board Member Karyne Brass Board Member Kenneth Keller Board Member Douglas McCoy Board Member Malissa Morgan Board Member Gary Ritter Alternate Board Member Phil Baughman Alternate Board Member Les McCreary Board Attorney John R.Cook City Planning Consultant Bill Brisson,Senior Planner Board Secretary Patty Burnette III. MINUTES-Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the June 21,2012,regular meeting. IV. AGENDA-Chairperson. A. Requests for the addition,deferral or withdrawal of items on today's agenda. JULY 19,2012-PS/BOA AGENDA•PAGE 2 OF 2 V. CONSIDER PETITIONS AND APPLICATIONS A. Petition No.12-001-R,submitted by Muhammad Nooruddin on behalf of property owners A.M.S.A.Holdings,LLC and EA.A.A.S.Holdings,LLC,for property located at 608 NE 2"Q Avenue,to change the Zoning classification on Lots 3-6 of Block 78 City of Okeechobee,from Commercial Professional Office(CPO)to Light Commercial(CLT)(Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the property owner or designee/agent. 3. Open Public Hearing for public comment-Chairperson. 4. Close Public Hearing-Chairperson. 5. Board Discussion. 6. Consider motion for recommendation to City Council and vote. Petition will be forwarded in Ordinance form for a Final Public Hearing on September 4,2012 before City Council. QUASI-JUDICIAL B. Petition No. 12-003-SE,submitted by Muhammad Nooruddin on behalf of property owners,A.M.S.A.Holdings,LLC and E.A.A.A.S.Holdings,LLC for property located at 608 NE 2rd Avenue,Legal:Lots 3-6 of Block 78 City of Okeechobee,to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial(CLT)Zoning district.(Ref.Sec.90-253(16))(Exhibit 2). 1. Hear from Planning Staff. 2. Hear from the property owner or designee/agent. 3. Open Public Hearing for public comment-Chairperson. 4. Close Public Hearing-Chairperson. 5. Board Discussion. 6. Consider motion and vote. VI. NEW BUSINESS-Chairperson. A. Consider requests for amendments to the City's Land Development Regulations. VII. ADJOURN MEETING-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. Genera!Services media are for the sole purpose of backup for official records of the Department. 1 -1q- 1 P(3 On , NDEPENDENT_ _ l CO J— NEWSPAPERS 414 OKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, th.t,the attached copy of advertisement being a__ _ _ ' 4 Zy in the matter of _ kd _-v eLatcl , 7 /, I ( / � c(c in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ru ct 7// , // /c20 / -- x > Affiant further says that the said Okeechobee News "` „ , � ,'';, � on is a newspaper published at Okeechobee, in said ,,,,.. • ak 43g Okeechobee County, Florida, and that said newspaper , ►� . ' has heretofore been published continuously in said "f F Okeechobee County, Florida each week and has been " s'° ,'..4"4.' entered as second class mail matter at the post office in _ Okeechobee, in said Okeechobee County, Florida, for a mss" period of one year next preceding the first publication ;#. ', blast* 4 a of the attached copy of advertisement, and affiant fur- whonieYSedt � stern _,, ,•; ,,-�; � » they says that she has neither paid nor promised any - vim kt t . on990 Per- person, firm or corporation any discount, rebate, corn- : e :=. onkeata ,u�- tort="shwd mission or refund for the purpose of securing this ,tom rto z lzo nar»rr�oamr advertisement ublication in the said newspaper. -----Q Toni Byrd worn to and subscribed before me this 1 1! day of L ''Z AD t Notary Public,State of Florida at Large / .. AV = ANGIE BRIDGES E*: ", :rr_ MY COMMISSION#EE 177653 -�^-•i EXPIRES:April 20,2016 lifts, Bonded Thri Notary Public Underwriters , ee Date: 0_ 41_1 't Petition No. Exhibit 1 Department Fee Paid: �1 r�e Jurisdiction: Room 101 1st Q��� `���� 2nd �� - 1 Hearing: 7...0_0,, 2 Hearing: __I L" . ., . ._:ida 34974-2903 1 �-�'� Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): ,,\ r� +.4 .r(,v.` t /) it,.).s `: ', r' . c 2 Owner mailing address: t.r t r i + f= , 7ci; }ft" 1 . /9 f t' ✓ f 1. ,�r ! G% I r ;�}� ?< �:' $�-, c, y 3 Name of applicant(s) if other than owner r l ) , , .),ran 0-1) /v ;, r 714 Gt tr /1/ .5/} 4 Applicant mailing address: ji). G.. ' Y t ( l) p/<t,t.' t, ;/�r t, `' t.o )3 4a e-mail address: /4. ;'C;-' lZ, qtr i, J,' t. ! ('/e ;} fi j c, , i . (' er-4-y1 5 Name of contact person (state relationship): ry-)t,,"/t typyt;ti) fticiC?IZti.t/)b A,12 6 Contact person daytime phone(s): ' - /C cc/, PROPERTY INFORMATION Property address/directions to property: , r rid ye 7 Ut. l) : � t c - 3 C;`)-7.z- Describe current use of property: (:�19 0 ,9 s S;)4- ' ( ( ,‘t,I,�� Ct ��6,‘( _2 8 nil)1 ) 3 13,-4 /"� t�s, S- `/, Ga j J-, ' 7/) 1_6, }`�ct t • Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. f ONE t4,1L , t75s;5 F ..'G( / IL,(GL/ `c.L � L,/1"') Otei ) G�� / ; 84%4 9 ✓ f V � u' Source of potable water: /- -d,; Method of sewage disposal: 6'e2`,/61_6 e . 10 Approx. acreage: /. y) Is property in a platted subdivision? y�s Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 12 Is a pending sale of the property subject to this application being granted? 7\)4,2 Describe uses on adjoining property to the North: 13;9 13 North: Ault' ;2cp4-,1 4.46:1). . East: u ,* South: v'Ace 44.611)0 ) k,,„4 t`.�- t r,;,.� e li West: 1.1 . cce),)S pitc�'e„,,. ' ✓t��i� . ) 14 Existing zoning: L 1� C, 'Future Land Use classification e Have there been any prior rezoning, special exception, variance, or site plan approvals on the 15 property? ( ) No ( Yes. If yes provide date, petition number and nature of approval. -7-o0 `! - 12- esJ) �� OgC)//,- 16 Request is for: (i /) Rezone ( ji ) Special Exception ( ) Variance 17 Parcel Identification Number: - _ j S'_ 7- 3_ s- o e rf D 0 07 7[ ; oil) (Rev 01/12) Page 1 of 11 REQUIRED ATTACHMENTS Applicants statement of interest in property: r.4•4- <2,-`1 .`�y r; �� ti ,), -477x 18 C C Ii _,.,� �rti /a}i�'.1 '"a,{= 4 1 /ct.G�{{-i/)� t'Y s C, < 6 �.� 'o dk •) '.tom .E' .3 Si C v'f"�`�' ) j2'c i.°( JE'i 4'_c.1) .rJ cal/ j l v °7✓rt l 141 l't Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus$30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 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. V 20 Last recorded warranty deed: l`. r ° V 21 Notarized letter of consent from property owner(if applicant is different from property owner) `three property surveys (one no larger than 114 x 170 containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number i 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre r ,1 23 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) 24 Affidavit attesting to completeness and correctness of the list(attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature ^ Printed Name Date tr) /114/Wrik-c) /119P ii_c61.)0/ / 11 () For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218 wr - (Rev 01/12) Page 2 of 11 1111 1 11111111111111111 I i l l 1111111 1 111111111111111111111111 i FILE HUM 20100031 46 OR Elk 00684 PG 0373 SHARON ROBERTSON! CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY! FL RECORDED 03/18/2011) 11:28:53 AM AMT 2B!327.00 Prepared by and return to: RECORDING FEES 35.50 Saeed Khan DEED DOC 128.80 RECORDED BY 11 Pi non 906 SW Lighthouse Drive Pas 0373 - 376; (499s) Palm City. Florida 34990 File Number: ___[Space Above This Line For Recording Data] Corrective Quit Claim Deed This Quit Claim Deed made this ' day of y, 010, between A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, grantor, and A.M.S.A HOLDINGS, LLC, a Florida limited liability company and EAAAS HOLDINGS LLC, a Florida limited liability company whose post office address is 906 SW Lighthouse Drive, Palm City,Florida 34990, grantee: (Whenever used herein the terms "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,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise,release,and quitclaim to the said grantee,and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land,situate,lying and being in Okeechobee County, Florida to-wit: See Exhibit"A"attached hereto and made a part hereof. Parcel Identification Number: 3-15-37-35-0010-00780-0050 THIS CORRECTIVE QUIT CLAIM DEED HAS BEEN EXECUTED AND RECORDED FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY AND CLARIFYING THE TRUE AND CORRECT CORPORATE AFFILIATIONS OF THE GRANTOR IN THAT CERTAIN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 678,PAGE 1536,OKEECHOBEE COUNTY,FLORIDA,PUBLIC RECORDS. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right,title, interest, lien, equity and claim whatsoever of grantors,either in law or equity, for the use,benefit and profit of the said grantee forever. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Book684/Page373 CFN#2010003146 Page 1 of 4 Signed,sealed and delivered in our presence: A.M.S.A.HOLDINGS aF : •• :t .........0 o •an 6 af- I Witness Name: Irtil aeed Khan,Managing Member A . Witness Na -�. ,, A By: ' . l6tj Witness Name: n21 �1,1.) Myra . Managing Member Witness ��. By: , Witness Name: ' ..r ' ,.,i Mohammed Nooruddin, Managing Member 4.1. O 41IIIIIINIi�c.r Witness IMP!'.111111aiiiar., . % `��. i_ !. By: Witness Name: 1,A. Shahnaz 1. d. • Managing Member Witness N. e: '�- Quit Claim Deed-Page 2 i Book684/Page374 CFN#2010003146 Page 2 of 4 State of Florida County of Lt2CA9 Il. "- The foregoing instrument was acknowledged before me this 8 -day of agigh/0-14 by Saeed Khan, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L1 personally known or [_]has produced a driver's license as identification. NOTARY PUBLIC STATE OF FLORIDA _C" (Ett-cJ/L [Nota ea RIDA Notary Public Shahnaz Akhtar Khan Commission#DD535559 Printed Name: SHAHNAZ A. KHAN Expires: APR, 02, 2010 . n a Bonded Thru Atlantic Bonding Co.,Inc, ! — p70 f o My Commission Expires: ' State of Flo rich County of GA .0 Q (Q-12 ri Fir--_` ,, The foregoing instrument was acknowledged before me this O day of 3aae�y,`�2 -1'0`�(by Myra Khan, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who is personally known or L]has produced a driver's license as identification. NOTARY PUBLIC-STATE OF FLORIDA 5�-1 -e. ( ,• [No ,. ., i Shahnaz Akhtar Khan Notary Public Commission#DD535559 SHAHNAZ A. KHAN Expires: APR. 02, 2010 Printed Name: Bonded Thru Atlantic Bonding Co.,Inc. a aoI0 State of Flon_'cja ��6 County of �� ern- The foregoing instrument was acknowledged before me this day ofd, 201 by Mohanuned Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L'1-L■1-ti personally known or [_has produced a driver's license as identification. �,� ^ NOTARY PUBLIC-STATE OF FLORIDA (+�- .__- °'�y •'9hahnaz Akhtar Khan Notary Public Commission#DD535559 Printed Name: SHAHNAZ A. KHAN r Expires: APR. 02, 2010 � Bonded Thru Atlantic Bonding Co.,Inc. V a _ &C)'C) My Commission Expires: State of Florida ,, (� - � County of ecx�pt - [K Ban--- The foregoing instrument was acknowledged before me this "'day ofd+, 2010, by Shahnaz Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who (His personally known or L]has produced a driver's license as identification. NOTARY PUBLIC.""'^'''W FLORIDA g �' t-t),---CP- -- [N►•< s e�}]ahnL Khan Notary Public Commissioi. ,:35;-2 SHAHNAZ A. KHAN Expires: APk. 02 " Printed Name: Bonded Thru Atlantic Bonding moo.,1,.. '`� _ • ^ O f C) My Commission Expires:*• .1.-Q, C7� Quit Claim Deed-Page 3 Book684/Page375 CFN#2010003146 Page 3 of 4 SCHEDULE A Legal Description Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Book684/Page376 CFN#2010003146 Page 4 of 4 / '' " ic" < 4 6.c . '1 • ‘..72 771 (1.Le-1.,kn 0) z ce7')1 /11_, 427 r L-5 7, /kJ: ) ey--) 4/(- 74-e ///e,,1 -7-C? 111/ " '6-42rit 6176 lrY) s c,-- 7 3 0 iCL NOTARY PUBLIC-STATE OF FLORIDA 7 12 - 5 so'"N Shahnaz Akhtar Khan :E Commission#DD969968 Expires: APR.02,2014 - BONDED TIINU ATLANTIC BONDING CO.INC, Lr___ s 1-h) Arco/ 21 .‘ 0 si,fre.ae a3-4 PS 6 / : to/a 61i Petition No. 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 I_-. ►, — , - s 0,A • and the 1. 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 I Li day of ....,_ ..-.1c-.01102VADriGNIM' Ag• b/1 vh A . Signature of Applicant Date muif4?nn2o 61i°P"b) /41 Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this j Ai day of , cQ 01 a . Personally known to me V or produced as identification and did not take an oath. iti VI)• Ot'c.'tluL Seal: Notary Public, State of Florida ,r Notary Public State of Florida Patty M Bumette GoP` MY Comv ru Expires 10/02mlas/2ion 012 DD827982 (Rev.04/11) Page 3 of 11 • WITHIN 300' 3-15-37-35-0010-00780-0050 PIN OWNER NAME ADDRESS 1 CITY NAME ST ZIPCODE 3-15-37-35-0010-00550-0010 TARMAC FLORIDA INC 1151 AZALEA GARDEN ROAD NORFOLK VA 235020000 3-15-37-35-0010-00560-0010 TUTEN TROY T& MARY ANN 2457 SW 18TH COURT OKEECHOBEE FL 34974 3-15-37-35-0010-00560-0160 LOWE JOHN MARCUS &CONSTANCE W PO BOX 296 OKEECHOBEE FL 349730000 3-15-37-35-0010-00570-0050 TRENT RONALD L 2322 SE 33RD ST 'OKEECHOBEE FL 34974 3-15-37-35-0010-00570-0080 LOWE JOHN MARCUS &CONSTANCE W .,PO BOX 296 OKEECHOBEE :FL 349730000 3-15-37-35-0010-00570-0180 HAYDON ELLIS R & RITA 2448 NE 80TH AVENUE OKEECHOBEE FL 349728100 3-15-37-35-0010-00770-0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL 34972 3-15-37-35-0010-00770-0030 4 GIRLS ENTERPRISES INC 701 NE 3RD ST OKEECHOBEE 1FL 34972 3-15-37-35-0010-00770-0060 BIG LAKE EYE CARE LLC cilA49 1540 SE 40TH AVENUE OKEECHOBEE FL 3497.40000 3-15-37-35-0010-00770-0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTT 'OKEECHOBEE FL 34972 3-15-3.7-35-0010-00780-0010 BIG LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE FL +349731203 3-15-37-35-0010-00780-0070 NUNEZ DAVID JR &ANITA e(, 701 NE 3RD ST 10KEECHOBEE FL 34972 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE TFL 34974 3-15-37-35-0010-00780-0110 PARKER ROBERT C SR &JOANNA 209 NE 6TH ST OKEECHOBEE TFL 349720000 3-15-37-35-0010-00790-0030 COYLE WILLIAM D 306 NE 7TH ST I OKEECHOBEE FL 349740000 3-15-37-35-0010-00790-0050 ROWLETT JOSEPH PO BOX 1903 OKEECHOBEE 1FL 349731903 3-15-37-35-0010-00790-0070 ROWLETT JOSEPH ✓ 'PO BOX 1903 OKEECHOBEE FL 349731903 3-15-37-35-0010-00790-0090 QUARLES NANCY GAIL 311 NE 6TH ST rOKEECHOBEE ,FL 3.49720000 3-15-37-35-0010-00880-0060 MITCHELL RONALD&GIANINNA 8800 NW 160TH STREET 'OKEECHOBEE IFL 34972 3-15-37-35-0010-00890-0010 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE FL 349722605 3-15-37-35-0010-00890-0040 NIX CATHERINE S TRUSTEE , 201 NE 5TH STREET - OKEECHOBEE ',FL 349722605 3-15-37-35-0010-00890-0060 MADRIGAL ANSELMO & MARYANN 1788 SW 8TH STREET 'OKEECHOBEE TFL 34974 3-15-37-35-0010-00900-0010 SEACOAST NATIONAL BANK 815 COLORADO AVE ;STUART 'FL 34994 City of Okeechobee ' , 55 SE Third Avenue Tel: 863-763-3372 X218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: July 3, 2012 The Planning Board wishes to inform you of a Public Hearing to consider Rezoning Petition No. 12-001-R to change the zoning designation from CPO to CLT for property located at 608 NE 2nd Avenue. The Public Hearing for citizen discussion will be held at City Hall on Thursday, July 19, 2012, at 6:00 p.m., or as soon thereafter as possible. A copy of the application and agenda are available in General Services, Rm 101. The Planning Board will make recommendations concerning the petition to the City Council for consideration and final adoption on September 4, 2012. You are invited to attend and be heard in person or submit your comments in writing. Respectfully, Patty M. Burnette, General Services Coordinator 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 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. 0 City of Okeechobee 55 SE Third Avenue Tel: 863-763-3372 X218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: July 3, 2012 The Planning Board wishes to inform you of a Public Hearing to consider Rezoning Petition No. 12-001-R to change the zoning designation from CPO to CLT for property located at 608 NE 2nd Avenue. The Public Hearing for citizen discussion will be held at City Hall on Thursday, July 19, 2012, at 6:00 p.m., or as soon thereafter as possible. A copy of the application and agenda are available in General Services, Rm 101. The Planning Board will make recommendations concerning the petition to the City Council for consideration and final adoption on September 4, 2012. You are invited to attend and be heard in person or submit your comments in writing. Respectfully, Patty M. Burnette, General Services Coordinator 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 with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. r ; � CD C CD DM w D CD v I WO w 2 70 Q. 0 0 C) ° Z z m o 0 W r o cn z- 0 CO o r a aw o f r- n 0a C o m= w mm0 Z0 Q0 Wm-0 m 8 o m a 0> 0 3-15-37-35-0010-00770-0010 CIt m 2 xi m o KST CONSTRUCTION INC D O ^J'm 94 8 3283 NW 32ND AVENUE X AU z D m m OKEECHOBEE -G Y' Cl)A o FL34972 mrr-O ZC)o C 0 m NE 2ND AVE 3-15-37-35-0010-00780-0070 o m NUNEZ DAVID JR&ANITA 0) 701 NE 3RD ST I Y' V 3-15-37-35-0010-00560-0160 OKEECHOBEE r_ y- -'I LOWE JOHN MARCUS&CONSTANCE W FL34972 2 s w I PO BOX 296 i o OKEECHOBEE m 0 r O v, FL349730000 w CZ W 2OO C - ZO `mmO0o Am , CA w 3-15-37-35-0010-00780-0090 o_r n 0 0 to M N MEDINAJ REYES GARCIA m �°o m m 0 0 5615NE3RDLANE D >o (40 0 OKEECHOBEE 3 D° T 4 co im-1_0 -� (n -102 '8 FL34974 n_ w n g o 'i m0>01 -< mcxo ADo Z-. z 3-15-37-35-0010-00780-0110 3-15-37-35-0010-00780-0010 PARKER ROBERT C SR&JOANNA BIG LAKE BAPTIST ASSOCIATION I 209 NE 6TH ST PO BOX 1203 OKEECHOBEE OKEECHOBEE FL349720000 FL349731203 NE 3RD AVE ADDITIONAL INFORMATION REQUIRED FOR A REZONING A Current zoning classification: Requested r i) zoning classification L%)ht �G '�1 t YYI er C r4 Describe the desired permitted use and intended nature of activities and development of the property? L� rf LA:e- rk 1-. �A-y►t' 1•ro •1.3 i s }}., B �yy � � ,� � r�� :tJ i�1 activities_ �',�' 4��'r��i� '171t SIC 1 S i'i I't;� �f.�� Jr 1"C•'Y •71 .'V 1 f I A r-,wL? f Y h t! C-'- Is a Special Exception necessary for your intended use? ( )No ( /)Yes If yes,briefly describe: C Ito,L p vfz) .;; 444 l7' 1,,,v A✓ 79041/ ✓f i- t'14—( c wi(/eII 7'ry / '1 1-0 a Is a Variance necessary for your intended use? LZT No ( )Yes If yes,briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer,if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips,pass-bay calculations,internal capture calculations,a.m.and p.m.peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below.Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA 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 bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. t I / % r—M ,7r 74N < Cr. alt i f%)'a c-c,�„ are %73/ Vl Y ht) i i G'✓'�h i/t! L-fi'YI'1 vt+-eV4.i L` 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 1-yu,, hyu v i s [eta(Zr21 ft1 1-P-1 3 DA)a.y( `e-P o ' 1v) f' .T�X� -e:xee fr h'rn rhs,s f-�r vJ i,` 9 3. The proposed use will not have an adverse effect on the public•inter st. `� �� �� rtirys <lr�e2/-1 111/ a)4- 1,✓f// &j. e- !� $ ,tae, :Z'irt frith y t,' be' tta prs�X, GJ iiYc xeyr, ! 004-, 4" nr fr -L- • 4-1 v0'/ 3‘ 3'91- rf 1 0.144,E (.-Ccti? s /7/ "e "ice/ l.�.i,/�� � - / 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 I nd use patterns. , woa- h.7�]j l3it iiGlls.. /3 J vet t rrncy‘rc�C 5 c -. V Ne C.rr14 n 1' 1if&f tb ajwi5c �c(� 6 ti14,yi�fr( L/tA,i: l' �u>✓.te) 5. 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. f�j 1L<</ �ilu iu e ,RS IV Get-M. I / yJIc (Rev.04/11) Page 6 of 11 6. 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. •. i9 f ""-- / t( (L.,,--? )1)1C-.rc .'e.v( A S,-^ai`1-ii 4a k.:..r i.t- r'� •- 7. The proposed use will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of adjacent property. t �, 1 14;-- )">iPc.-ri- ft;;/,' `91 'lb' 6--, lr'cvt Lw , PL. i.6'-`i'l e'c'k`� C-51t./0 ��.-L' /3::il 3 1FLE; /� -y"ei/t. i o(t.';,-,'�' / - - �. ,L y LL (' (71,- '� ,-„,,,// f e ,r%b LTA-s(sy dJ ,;yt a:c pi4.7 3-c a i,,, -�,,erp . J+ E: t f 8. The proposed use can be suitably buffered from surrounding uses,so as to reduce the impact of any nuisance or hazard to the neighborhood =.,.i 1/I )4,,,,;/-',Wl, 7)4,-11'6 i ''1( a ti t t,,,v c'-'1A-411. ‘, i kAft ,G r j`i b ry El he, ` •A Imo' ;tz'�-�- y '+. 1 + �'�"�1 i.�/ .L f( i �''`�"7✓t�F s'I Gf i■n.✓,r / �'!.'t'n"`-� I- Lvin,r fl c. ,, w t- ;// 6,..0,.ve s s ai° 4.-4 11- ivG r-.iNi)fi /e rV`) f ' ) '-€ liar t 4-1 32,..1,4: r'e-r( vv); Pi.,A'e.w!-5 t!r f( /jf'. 9. The pr Posed use will not create a density pattern that would overburden public facilities such as schools,streets,and 22 utility services 1 ex;5 i/ /0 c�(,yu€.�,.P 61,r.�-s �1'Il nE/ .r r,� �n t��sf�-�' use- � � F L' (-9 L - '�`GL� gt G '±-1 s H t;65 4.. e--4-kr e- /1171'e-- "'A/ Wir L'L 1-4 Ct— to s 'U A- LesR try Fu ' c�-� 1-r-v,y +d✓�!t i- yn. �yr`r �f._E�`r, j J4� �sv� X , 1A-P--e-1) 4'-fl - L E j 11-17 11 ".e."-4 "14 e---4714--r-e-'1.-'LI 10. The proposed use will not create traffic congestion,flooding or drainage problems,or otherwise affect public safe `2t -;e>t/t ,,, H-L, f P A W1)I. F�h-vry ` 7, bike g �r 3�'-cat ,9ti 'C , >L�,.c 1-.1,,,. .�.�:/, . `i . i-,+0// .e ,4`�`10 .�1 kt-4-..;a,` -� c-21 -tt+.c_ e- tll/ 'r}- �,� 1 ,4". �... L a : - -,-k x i ,,,,,--,e vngeti- ivir/ ,ij, r,,e ,:.( /, I I. The proposed use as not been inordinately burdened by unnecessary restrictions. , ik _ 11_.s%v-t- -- �-v. <5. 1-7/v F�7 ifl 5,-py id'(ii ,A 4/M-;/74-, an ( . X /'i� Cr;/mt,ii /R.-ail( '-11.c/)c;740)-th',n ✓? 7' s, fi 4r iv..r. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's subm9ssionsin '"�` light of the above criteria and offer a recommendation for approval or denial. (Rev.04/11) Page 7 of 11 ►► iygPOK�FCo� �`� _ �' CITY OF OKEECHOBEE �� Ohm` „� 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 % -... �di" Tele: 863-763-3372 Fax: 863-763-1686 July 9, 2012 VIA E-MAIL nooruddin64(c gmail.com Mr. Muhammad Nooruddin PO Box 448 Okeechobee, FL 34973 Dear Mr. Nooruddin: Please be advised that the Planning Board, Board of Adjustments and Appeals of the City of Okeechobee will be considering Petition No.12-001-R to change the Zoning classification on Lots 3-6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) and Special Exception No.12-003- SE to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning district (Ref. Sec. 90-253(16) ) on Thursday, July 19, 2012 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board/Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report. If you, or a representative, cannot attend this meeting please contact my office at (863) 763-3372 ext. 218. Sincerely, litij M. BannLf12_ Patty M. Burnette General Services Coordinator Attachments — 3 c: Shahnaz Nooruddin, Agent, A.M.S.A. Holdings, LLC Arif Shakoor, Agent, E.A.A.A.S. Holdings, LLC iffirafifir OF 411;0114 ait*As • Keti& Taw sr MEI 0 Mgt 4,11.144i 4141114,6 u. r 0 r- lit • s ab MOIL ' - 4 41110' rgi fe$ * • 4le" IA_ 915-44.0011 411 rilegirif 1 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: A.M.S.A. Holdings, LLC Petition No.: 12-001-R 14-2:10131anning & Management Services. Inc. r5 j")..son'ma,I Suite 2O 1 .n XIS/I.,114 Int1.1 2i0 Serving Florida Local Governments Since 1 088 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R General Information Owner/Applicant: A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC Applicant Address: P.O. Box 448 Okeechobee, FL 34973 Site Address: 608 NE 2nd Avenue Contact Person: Muhammad Nooruddin, Mgr of A.M.S.A Applicant/Contact Phone Number: 863-610-1404 E-mail Address Nooruddin64©gmail�com Existing Proposed Future Land Use Map Classification Commercial Commercial Zoning District CPO CLT Use of Property Assist d. .i�ring Group Home &ALF Facility(ALF) Acreage 0.642 0.642 Legal Description of Subject Property Location: 608 NE 2nd Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3-15-37-35-0010-00780-0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request Applicant is requesting a rezoning for the above shown property from CPO to CLT. The Applicant would like to use some or all of the facility for an alcohol and drug rehabilitation (detox) facility. The Applicant envisions initially conducting the alcohol/drug rehabilitation treatment in six to eight of the beds on the ground floor. Ultimately, he may wish to use all 32 of the beds in the facility for the alcohol/drug rehabilitation services. An alcohol/drug rehabilitation facility qualifies under the definition in the LDC for"Group Home". A Group Home is a Special Exception in the CLT District. 1 s,ming Florida Ln a)t:nctrnn, ms Stmt. It>vti Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Industrial Zoning District: IND Existing Land Use: Vehicle sales, repair and open storage East: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land.Use: "Big Lake Baptist Association" South: Future Land Use Map Classification: Commercial and Single ,1 Family Zoning District: CPO and RSF-1 Existing Land Use;_ Vacant and single-family ` ;} home West: Future Land Use Map Classification: `! Commercial Zoning District: CHV Existing Land Use:: :° "KST Construction" 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 provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed use is not contrary to Comprehensive Plan requirements. "The property is located within Comprehensive Plan requirements. Future map is within Commercial." Staff Comment: The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Further, the subject property is located within the second block east of US 441, thereby falling within the area proposed as the Transitional Commercial Overlay Future Land Use Subcategory where CLT is generally considered a compatible zoning designation. There are also other areas similarly situated along NE 2nd Avenue that are zoned CLT. 2 Seri ing F1c»id. Lot.111,o%vrnnxents yin. 1088 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The property is currently zoned "CPO" with Special Exception for Assisted Living Facility." Staff Comment: The proposed use, Group Home, is a Special Exception use in the CLT zoning district. The specific proposed use is an alcohol and/or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency. 3. The proposed use will not have an adverse effect on the public interest. "We will use 6 — 8 beds initially for detox purposes, where patients drop off for detox treatment anywhere from 1 — 4 weeks as an average. It will be good for Okeechobee since there is no detox center in Okeechobee." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. 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. "North of the building is Heavy Commercial. South: Vacant land. East of the building is Heavy Commercial or CPO. West of Building is Heavy Commercial (repair service)" Staff Comment: CLT zoning and its allowable uses are reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single-family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the 3 Serteng Ilurid., Local t;mernment,Sm,e 10}{S Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R single-family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi-family or commercial use. We do not believe the operation of an alcohol/drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay 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. "The proposed use of the property will not affect value or living condition. 4 - 6 beds use of ground floor for detox will not adversely affect property value." [Staff Note: We believe the actual proposal is for 6 —8 beds for detox use.] Staff Comment: For the same reasons given in our comments to number 4, above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The proposed use of CLT will [be] suitably buffered within surrounding properties. It will be no hazard to the neighborhood. It will be business within existing business. There will not be any additional parking required, as patients will be dropped off." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use of the existing business has/will not affect the facility's utilities usage more than the current usage. 4 — 6 beds of detox (or in future may convert total facility to patients with detox) will keep the same usage of utilities as currently." [Staff Note: We believe the actual proposal is for 6 —8 beds for detox use.] Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. 4 Serving FI<,aida Lo,a) IWO, Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Patients with Detox Rehabilitation most likely [will be] dropped off to the facility. They will be living in facility as the current residents are living. Maximum number will not exceed the 32. (If we decided to go that route in the future)" Staff Comment: There will be no increase in the number of beds in the facility, therefore one would not expect any increase in traffic. Similarly, the physical facility will be unchanged and no effect upon flooding, drainage patterns or any aspect of public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "We have to get/apply for State license prior to admitting any detox drug and/or alcohol rehabilitation patients. Otherwise, there are no restrictions." Staff Comment: The proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation Staff recommends approval of the request to rezone the property from CPO to CLT thereby permitting the Applicant to apply for a Special Exception for a Group Home. We do, however, suggest that during consideration of the Special Exception to allow establishment of a alcohol/drug rehabilitation (detox) center the following be considered as conditions of any approval: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Submitted by: Wm. F. Brisson, AICP June 27, 2012 Planning Board Hearing: July 19, 2012 Council Hearing: August 12, 2012 and September 4, 2012 Attachments: Future Land Use Map Zoning Map Aerial photograph Sewing}')u�itia 1,U. t;uc,rnmrnts Since ttltth Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS SEABOARD COAST LINE RAILROAD N E . T I STREET Subject Property £ _ 4 1 _ h 5 1 3 2 1 t. A 10 7 8 9 !n 11 •2 I N.E 6TH . 3 ±� W MI W i IIIIIII Z W 4 MIL N Z 7 8 9 10 11 "2 ♦ '0 11 12 iii W tai Z Z Z N.E. 5TH STREET 8 5 4 3 2 111 7 8 9 12 •1 •2 N.E. 4 TH STREET COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY - COMMERCIAL III INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 6 Serving Plorid:a Local Governments Since 1988 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R ZONING SUBJECT SITE AND ENVIRONS al .' - .t I 4 .4 4 :..._........:56 55 s �: 54 5 to 7 +7 J °T t NE -- Subject Property III I , , : vs . • ,, ,, Mil 78- t 5 Ill 7 8 i 10 r tI 7 N.E C TH STREET t f/.../r;:, I lflLI!r 4aa ZONING ; . ,,. E 7 III Y N.E. 5T14 STREET I UNINCORPORATED h `�' f , . i CBD-CObiM B:1StNESS DISTRtCT fi:,,,"e 4.: 1. E i • 1 F- 111 ai l CHW-HEAVY COMMERCIAL ,XF�;/j T 4 a t. M t7 - CIT-LIGHT COMMERCIAL 1 N.E. 4 TN ETRE ElCPO-COMM PROFESSIONAL OFFICE H-HOLDING = I , L t IND-INDUSTRIAL elPUB-PUBLIC FACILITIES igPUD-MIXED 1,.. ] PUD-R - RMF-RESIDENTIAL MULTIPLE FAMILY RMH-RESIDENTIAL MOBILE HOME —^1 RSF1-RESIDENTIAL SINGLE FAMILY RSF2-RESIDENTIAL SINGLE FAMILY(2 i 1.31DC 7 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R SUBJECT SITE AND ENVIRONS •,. .., f 4 , r :. I e l a�•may'` �. rye_ . 1 , ; 'e ice 1 w w z•c Repair& .,.4011. TT. ! 4 1 4' Sates I .• .._ 1 .w F , '"MIL r ii, i,- • Subject - S * •" KST SubjertY r^ ■ sL I i ". wt ..., r .. . IP ail u 104 1 n�`]D3T7=BSVI ^:J A,29:■ - w ...,. :"s,.u< 8.a .{ a: w5 ,....,,,I. _ • ..� - --. _ v :.■re. >.+r111111111111■110, ar, u e 8 Serving Florida Local Governments Since 1988 -0(70 Pon rno) raiL INDEPENDENT- �NEWSPAPERS OKEECHOBEE NEWS 107 S .17th Street,Suite ll,Okeechobee,FL 34974 (863)763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, hat the attached copy of advertisement being a 41 . - '1 ._ _ `` in the matter of �Ld.-E. 1/9 d ytsc{i=D„, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Ctotik weuc, tdt belt mane The et. Affiant further says that the said Okeechobee News � � , w ,, is a newspaper published at Okeechobee, in said 200 '• „ b-lico to w a >a» serteoes , Okeechobee County, Florida, and that said newspaper waw u21a has heretofore been published continuously in said Y t `NM that would 414 ` ' cease= Okeechobee County, Florida each week and has been * ' Ate entered as second class mail matter at the post office in „� � c C-1, � to Diu ana In Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication '. se T �, w ar deny "east of the attached copy of advertisement, and affiant fur- any&dam; - the °m” °" NW Mader air*meeting, ther says that she has neither paid nor promised any ate verbatim '�io * ear n meals are uses C<iriCsdie of.badc-up r«aye person, firm or corporation any discount, rebate, corn- wnnn the l(eaeapns „��,,,D,�)ar tsso• ., spet�i m at this proceeof1 stquld,. mission or refund for the purpose of securing this a i"serwoesomoeatima s3ntoraPnxeed advertisement f ublication in the said newspaper. 21'0'4'50N 7/1, 2012 Tom Byrd Sworn to and subscribed before me this day of .L AD \ Lt Notary Public, State of Florida at Large � T )c "...., ANGIE BRIDGES ►: • a; MY COMMISSION#EE 177853 - -41= EXPIRES:April 20,2016 ;df : Bonded 11pu Notary Public Underwriters I City of Okeechobee Date: 6,11-11:14,1 %v?_. 003-sE apartment Petition No. ap Fee Paid:500 0 re o Jurisdiction: Exhibit 2 Room 101 1st (304 Hearing: jCj_r 2nd Hearing:34974-2903 g: 372, ext. 218 Publication Dates: p7/` ?t Fax: (863) 763-1686 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): f'1111`, (..` (((;v,`- 2 Owner mailing address: ∎"' 6,1 3 Name of applicant(s) if other than owner ( , �C ✓�}`�`�{ �""��` �)'1 /SG f=� 4 Applicant mailing address: p. G, , '4. ,r t i t' ���- 4a e-mail address: rr v14; ; 11 �, t ; �; 5 Name of contact person (state relationship): PI7t,ltiin✓1l✓17) f()col`t-64.06/c ' /144--'v, 6 Contact person daytime phone(s): , PROPERTY INFORMATION Property address/directions to property: , r Describe current use of property: 17 O s s,),f.cfcl ( ,'`L fl c,f Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. v Ne. %ivy% S�-rti.! �r3 9 J ct , t 4/ILA( , GaSS)sh 4.1 (i;( Source of potable water: C U -,,< Method of sewage disposal: 6/e, 'e 10 Approx. acreage: /3. , L/) Is property in a platted subdivision? • Is there Al Ai a use on the property that is or was in violation of a city or county ordinance? If so, describe: 11 12 Is a pending sale of the property subject to this application being granted? �J Describe uses on adjoining property to the North: ' c ?isNorth: � �� r -ev East: f �_/) '.13 South: ti.Accir,� � i*-f-(c,i90 ) �i �.i C �- 5)„.) e ,-_16.1 West: . 14 Existing zoning: Lid Future Land Use classification Have there been any prior rezoning, special exception, variance, or site plan approvals on the 15 property? ( ) No (/Yes. If yes provide date, petition number and nature of approval. 0 7 0 0 — J2 eV) F:"( /I b� �// - sue 16 Request is for: (`5 Rezone ( j/) Special Exception P ( ) Variance 17 Parcel Identification Number: _ (Rev 01/12) Page 1 of 11 REQUIRED ATTACHMENTS (104.58(l tv) C c T46i-finer Applicant=s statement of interest in property: t-tsi-=- -1‘?(..,t )1-ti' e,1'v 1 ; 7X "J 18 1 Z.d het �F1'//VIM , i /lc 1 .i/), i r >;r?-tj47' ? 11-L �4� e Le lr� Iii' L L S!Le.. /z c i`,F E'x e/ /-7 71/ .v �� Zr 1, ..e Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exce tion: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 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. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner(if applicant is different from property owner) Three property surveys (one no larger than 11@ x 17 @) containing: a. certified boundary survey, date of survey, surveyors name, address and phone number Dc' 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre r,o,,,. 23 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) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature ", Printed Name Date 6/7 V//2- L, v / 1-1/47m7),,-) / 9a Lccl))Ir✓ For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218 (Rev 01/12) Page 2 of 11 11111111111II111III11I111II11 11I11111!!111111111111111111111 FILE HUN 2010003 1 46 ClR >?k tjClc'r '..F',. F'G 0373 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 03/15/21)10 11:28:53 AM AN 28,327.00 Prepared by and return to: RECORDING FEES 35,51) Saeed Khan DEED DOC 195.80 RECORDED BY 11 Pinon 906 SW Lighthouse Drive Pss 0373 - 376; (4pss) Palm City. Honda 34990 File Number: (Space Above This Line For Recording Data] Corrective Quit Claim Deed This Quit Claim Deed made this 8 - day of Lti010, between A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, grantor, and A.M.S.A HOLDINGS, LLC, a Florida limited liability company and EAAAS HOLDINGS LLC, a Florida limited liability company whose post office address is 906 SW Lighthouse Drive, Palm City,Florida 34990, grantee: (Whenever used herein the terms "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,trusts and trustees) Witnesseth,that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee,and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land,situate,lying and being in Okeechobee County, Florida to-wit: See Exhibit"A"attached hereto and made a part hereof. Parcel Identification Number: 3-15-37-35-0010-00780-0050 THIS CORRECTIVE QUIT CLAIM DEED HAS BEEN EXECUTED AND RECORDED FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY AND CLARIFYING THE TRUE AND CORRECT CORPORATE AFFILIATIONS OF THE GRANTOR IN THAT CERTAIN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 678,PAGE 1536,OKEECHOBEE COUNTY,FLORIDA,PUBLIC RECORDS. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right,title, interest, lien, equity and claim whatsoever of grantors,either in law or equity, for the use,benefit and profit of the said grantee forever. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Book684/Page373 CFN#2010003146 Page 1 of 4 ■ Signed,sealed and delivered in our presence: A.M.S.A.HOLDINGS al-- aF : + 'l.` i �o ' +an Witness Name: ^ ' 6 need Khan,Managing Member w ( .r!►� , Witness Na -�' b. �/ " By: 1 Witness Name: �p �.Q Myra , Managing Member r Witness //i By: Witness Name: • ..QOr ' Mohammed Nooruddin, Managing Member iii Est Witness °M r'.>/.iii�n , , M�0. I By: Witness Name: .\-ti Shahnaz \• d. + Managing Member Witness N• �/rV-„ .. , iQuit Claim Deed-Page 2 Book684/Page374 CFN#2010003146 Page 2 of 4 State of Florida County of fter2.C:r _ � 1R The foregoing instrument was acknowledged before me this 8 `day of 41tig,/till by Saeed Khan, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who LA-is personally known or [_]has produced a driver's license as identification. ■,9ka,1- 1--C ___ ,v1L NOTARY PUBLIC-STATE OF FLORIDA Notary Public [Nola ea Shahnaz Akhtar Khan Commission#DD535559 Printed Name: SHAH NAZ A. KHAN u �o g o OO Bonded ThrAtlantld n CIn My Commission Expires: 'z — %w e [Q State of Flo ri ,� �p County of G- -a e g-{D-t, f The foregoing instrument was acknowledged before me this �`day o Janttaf614 Myra Khan, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who is personally known or L]has produced a driver's license as identification. `� ,,��++e� NOTARY PUBLIC-STATE OF FLORIDA "�• cl�C1�t,. [No . Shahnaz Akhtar Khan Notary Public Commission#DD535559 Expires: APR. 02, 2010 Printed Name: SHAHNAZ A. KHAN Bonded Thru Atlantic Bonding Co.,Inc. r�li`-c rX a a'0 ' O State of Floncha County of CivE) The foregoing instrument was acknowledged before me this day of-fanne�y, 201 by Mohayuned Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L personally known or [j has produced a driver's license as identification. NOTARY PUBLIC-STATE OF FLORIDA that—OL_AA,_ [No y, Khan Notary Public �' ' Commission#DD535559 SHAHNAZ A. KHAN Expires: APR. 02, 2010 Printed Name: Bonded Thru Atlantic Bonding Co.,Inc. 1-� My Commission Expires: V a -_ otO t 0 State of Florida �n, 2t� -� � County of bt¢..2c1 C,c — The foregoing instrument was acknowledged before me this CS 'day ofr3amiePy, 2010, by Shahnaz Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who (A is personally known or L]has produced a driver's license as identification. NOTARY PUBLIC.°T'"''""IF FLORIDA • :Z t-b—CO--A [N` s e�Hahn,.. _ Khan Notary Public Commission. ,'3537g SHAHNAZ A. KHAN Expires: APR. 02 ' Printed Name: Bonded Thru Atlantic Bonding Co.,,., `� ,� n �1 &o S O My Commission Expires: �_}j`, Quit Claim Deed-Page 3 Book684/Page375 CFN#2010003146 Page 3 of 4 SCHEDULE A Legal Description Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Book684/Page376 CFN#2010003146 Page 4 of 4 A.evk o )-r E-/17-1-I ,f• , Lf /4fs t21/71_5. /fr ' 5,53 c5)-L fry M (tAmn 04-it_ 2 AA) to- )i. j:•e-fa-c-e4 4-27 ti f),4, e .e/) OY) 0,1 ffr-Y '29'0 iZT-7 • _ 4---e€7, irte_e_e 17-4i7/)4'-k- aee,; 10, L.' NOTARY PUBLIC-STATE OF FLORIDA 12- F- tiitie,y4s it_) es*""',,,,Shalmaz Alditar Khan ;414 Commission#DD969968 ,/ Expires: APR.02,2014 Y" - BONDED THRLI ATLANTIC BONDING CO INC. 1-112 M-1411-' ‘) i'fre."--Ve% )/d'- Ps 3 beo-e.A (pi a A Petition No. • 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 5C�" U 1 al, • 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 / L( day of b// V)/ Signature of Applicant Date mu ititrriffhlt aOF/U1b) /41 Name of Applicant(printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 111 day of ' , fit . Personally known to me or produced as identification and did not take an oath. Seal: serf,Notary Public, State of Florida Nota Notary Public State of Florida Patty N1 Burnett° o Rom f PUes ii 0/02/20DD827982 (Rev.04/11) Page 3 of 1I Okeechobee County Property Appraiser's Office Information Request Form for the City of Okeechobee ANL-0 ROI'. Propert Owner Name(s) n-iY)5/3- 1.,/-e.://linj - 2.4—C Parcel I ntification No. 3 — 1 5--- 3 7- 3 C — 0 I 0 Contact Person Name (y](4 ft-11-mr1 in A-0 /VI):.t&c,t i)A Contact Person Phone No. (,/d; ‘. <41'2 1, ':',, kf....--/ c /1,P c/ :; 7 Requested Items Needed By ,1--_ -, , 69 Project Type (Circle One or Check Box) / , Special Rezoning ,Z / cial Exception -tr. Items Needed: Items Needed: Location map 100" surrounding property Location map 100" surrounding property from the outermost portioii of subject from the outermost portion of subject property. Surrounding property owners property. Surrounding property owners mailing addresses 300" from the outermost mailing addresses 300" from the outermost portion of subject property. portion of subject property. Variance 0 Future Land Use Map Amendment Iii Items Needed: Items Needed: Location map 100" surrounding property Location map 100" surrounding property from the outermost portion of subject from the outermost portion of subject property. Surrounding property owners property. mailing addresses 300" from the outermost portion of subject property. Information is provided by the Okeechobee County property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Angela Jones Okeechobee County Property Appraisers Office 307 NW 56 Avenue, Suite A Okeechobee, FL 34972 Phone: (863) 763-4422 Fax: (863) 763-4745 (Rev.04/11) Page 4 of I I -.1 WITHIN 300' 3-15-37-35-0010-00780-0050 PIN OWNER NAME ADDRESS 1 CITY NAME 1 ST ZIPCODE 3-15-37-35-0010-00550-0010 TARMAC FLORIDA INC ✓ ,1151 AZALEA GARDEN ROAD NORFOLK VA 235020000 3-15-37-35-0010-00560-0010 TUTEN TROY T& MARY ANN ✓ L2457 SW 18TH COURT OKEECHOBEE FL 34974 3-15-37-35-0010-00560-0160 LOWE JOHN M ARCUS &CONSTANCE W 'PO BOX 296 'OKEECHOBEE FL 349730000 3-15-37-35-0010-00570-0050 TRENT RONALD L 2322 SE 33RD ST OKEECHOBEE 1FL 34974 3-15-37-35-0010-00570-00.80 LOWE JOHN MARCUS &CONSTANCE W PO BOX 296 OKEECHOBEE 1 FL {349730000 3-15-37-35-0010-00570-0180 HAYDON ELLIS R & RITAy 12448 NE 80TH AVENUE OKEECHOBEE FL 349728100 3-15-37-35-0010-00770-0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE 1 OKEECHOBEE 1 FL 34972 3-15-37-35-0010-00770-0030 4 GIRLS ENTERPRISES INC ✓ 1701 NE 3RD ST 'OKEECHOBEE jFL 34972 3-15-37-35-0010-00770-0060 BIG LAKE EYE CARE LLC ,✓ 11540 SE 40TH AVENUE !OKEECHOBEE FL 349740000 3-15-37-35-0010-00770-0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTT AVENUE 1 OKEECHOBEE FL 34972 3-15-37-35-0010-00780-0010 BIG LAKE BAPTIST ASSOCIATION I ' PO BOX 1203 OKEECHOBEE FL 349731203 3-15-37-35-0010-00780-0070 NUNEZ DA VID JR&ANITA _!701 NE 3RD ST OKEECHOBEE FL 34972 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 3-15-390 ' -/ 5615 NE 3RD LANE OKEECHOBEE I FL 34974 � - _ - - - 34974 3-15-37-35-0010-00780-0110 PARKER ROBERT C SR&JOANNA ,/ 209 NE 6TH ST OKEECHOBEE ;FL ! 349720000 3-15-37-35-0010-00790-0030 COYLE WILLIAM D 1306 NE 7TH ST !OKEECHOBEE FL 349740000 3-15-37-35-0010-00790-0050 ROWLETT JOSEPH v PO BOX 1903 I OKEECHOBEE I FL 349731903 I 3-15-37-35-0010-00790-0070 ROWLETT JOSEPH PO BOX 1903 10KEECHOBEE !FL 349731903 1 3-15-37-35-0010-00790-0090 QUARLES NANCY GAIL✓ _ 1311 NE 6TH ST OKEECHOBEE FL i 3.4.9.720000 3-1 5-37-35-0010-00880-0060 'MITCHELL RONALD &GIANINNA ✓ 8800 NW 160TH STREET OKEECHOBEE I,FL ' 34972 3-15-37-35-0010-00890-0010 NIX CATHERINE S TRUSTEE ✓ 201 NE 5TH STREET I OKEECHOBEE 1 FL 349722605 3-15-37-35-0010-00890-0040 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE ;FL 349722605 3-15-37-35-0010-00890-0060 [MADRIGAL ANSELMO & MARYANN✓ 11788 SW 8TH STREET OKEECHOBEE ,I FL 34974 3-15-37-35-0010-00900-0010 SEACOAST NATIONAL BANK ./ 1815 COLORADO AVE 'STUART 'FL 34994 1 1 City of Okeechobee III} 55 SE Third Avenue Tel: 863-763-3372 X218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: July 3, 2012 The Planning Board wishes to inform you of a Public Hearing to consider Special Exception Petition No. 12-003-SE to allow a Group Home in CLT zoning district , Ref. Sec 90-253 (16), for property located at 608 NE 2nd Avenue. The Public Hearing for citizen discussion will be held at City Hall on Thursday, July 19, 2012, at 6:00 p.m., or as soon thereafter as possible. A copy of the application and agenda are available in General Services, Rm 101. You are invited to attend and be heard in person or submit your comments in writing. Respectfully, Patty M. Burnette, General Services Coordinator 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 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 - ,17 55 SE Third Avenue Tel: 863-763-3372 X218 ,. .,,,`:, Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: July 3, 2012 The Planning Board wishes to inform you of a Public Hearing to consider Special Exception Petition No. 12-003-SE to allow a Group Home in CLT zoning district , Ref. Sec 90-253 (16), for property located at 608 NE 2"d Avenue. The Public Hearing for citizen discussion will be held at City Hall on Thursday, July 19, 2012, at 6:00 p.m., or as soon thereafter as possible. A copy of the application and agenda are available in General Services, Rm 101. You are invited to attend and be heard in person or submit your comments in writing. Respectfully, Patty M. Burnette, General Services Coordinator 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 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. CD cm 0) (Q wD CD --' _ 2 x �- 0 cn 0 — 0 oZ Z m 00 o w r O w z i O CO,_, O r- °- 0 03 0 7 I C o 9 mm�mo Z O A > 0 3-15-37-35-0010-00770-0010 0 to m ro I m m o KST CONSTRUCTION INC > E 0 ^v'm-I D oo 3283 NW 32ND AVENUE 'x r Ah„ D m_i x OKEECHOBEE - 07 m<,-o FL34972 - t m r o z 0 o c O m NE 2ND AVE 3-15-37-35-0010-00780-0070 o Z NUNEZ DAVID JR&ANITA °i 701 NE 3RD ST *g w V 3-15-37-35-0010-00560-0160 co- LOWE JOHN MARCUS&CONSTANCE W OKEECHOBEE G� I w i PO BOX 296 w N OKEECHOBEE 71=O D 2 o FL349730000 -w wcZ o c. mmG�NO Amcn cn is ow ED CI)A F ti O A 3-15-37-35-0010-00780-0090 o n Q° w MEDINA J REYES GARCIA m ° m m*O o 5615 NE 3RD LANE a m o wnco o A _, OKEECHOBEE g a V °p 2 Q° FL34974 <? 4 W n o = m O D th -< mc�o -i D°o z z O 3-15-37-35-0010-00780-0110 3-15-37-35-0010-00780-0010 PARKER ROBERT C SR&JOANNA BIG LAKE BAPTIST ASSOCIATION I 209 NE 6TH ST PO BOX 1203 OKEECHOBEE OKEECHOBEE FL349720000 FL349731203 NE 3RD AVE ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: . A .---ti.). , i' -t-I<; /1 t;s,z.. q0---,Z5 3 ( I(o) C L I 4 04 1 rt j Are there similar uses in the area?6o ( )Yes If yes,briefly describe them: / B I._/9- (,` )-'+j L ) 4. L 12-lily riti t-it°dit; A/GL-tt&C._ (}1 ".5)Si 'eY /f'4i14 rJ 1:-et c 4 ( 9--t/ ,) /°cam, If a business,briefly describe the nature of the business,number of employees,hours of operation,and any activities to be conducted outside of a building: c'.4 t"tZ-1l i--f t-tl Yr"-s-.S 7-e-z` /--'',A 4¢,•./r C 64.4-1404, j iYrq;ie > ",,., /41.....e.,)1-1.6,-( �r,/11' ..1 ,keit.4 / -iGJ ,•;4,' ).b- �`.4,z". c.:GLx'rG fh y c ica-t rC 41---ffrAl grxYA� j e..l' Vii.,Ac/) L (AAA G-)yi-€. iii.A.b 1,y-vi r,4 s e ci,,, ,1.44i:i r j, 'ri--i E,Z,f' tv('.-,t,l'):t i f/fi f,\Cil1 Py 0;cl4 Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips,pass-bay calculations,internal capture calculations,a.m.and p.m.peak hour trips,and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below.Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(b), LDR page CD70:19] Applicants are required by Sec. 70-373(b)to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. re Jt. '-e "� k of tw Yv l Pvti � "-b i''r r 4 t.-cz . IiGt ; c iii- n/. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood,or explain why no specific design efforts are needed. -rtA e ,ks 4;'"LS- Ai-tit 6lif ;c ` l ',Y; f*-rY y-fit,-- /j.L1- �} -/ /). -t '-a c-C 44-11-<11,,,v r`h'�-- fir/ ,r ,`. � �i ' /�;f,�ILGGLY Aro t'64u0'tai rdw 41'41- ai Y. :_ - t*'41/ Cc CGatin.,td G ".n- 'fi-: ey el L( "l5- t 11,1 1 61 t?-i'Il-P"-- c j 3',3 et a/ 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. >d T L A "A- 1b /7)14/fly ' x , t6- o,e/4W/ by L,�/,'ham,, 1u.;e. . 4. Demonstrate what is proposed to reduce the impact of any potential hazards,problems or public nuisance generated by the use;or explain how the nature of the use creates no such potential problems. A,�s 4 { 1/v>"`4 e4-r`�,`5t9 't 5 I_�M/YJ - H.a /n/7 ,s d iyi-hA A-L�G hk(' /Y//r2v biLt _i /2e4 3 • ti►>j vt.t tttrt,-O J-44 f 1- v& `V 1/'G 't f 4417-1 "elia Gcs,R„Eivr- 5''t71-/ 70 €A441- Cc'hi,, / -l/S. NI} f > ;fa`rn i iLie_(`cAf' . tvt'tte-I f .4 (lee/de e,J/ I Ia-e 1'7' ' -, 5. Demonstrate how the utilities and other service requirements of the use can be met. (,GU?!l- r f/I fir!, f-i`.¢I i'3ty� ,S1�r s:s-s ( L c'v,t1 t7,-.�a/7/; C�JL�iG4 /411-1-e0/1 1-0- ,Z,,�_ i rrC A,.�-G c+Y/moo a-r-c "a,' ' r i • 4-'0/ 3 , -1 `v�j tae-d /jsIf 4"1=, . 6. Demonstrate ow the impact of traffic generated will be handled,off site and on site. c ,�I F t/ A-t.Lz-`GLC/ tiles'i l) q .lh'‘' - / 'y,`Xe--444--f, '1)1941 11 pct"�� � `` �/ (c e. y 0:, i� 7 -4-it e_ fr, t..'l r` �l /1L V/d t_� fj L. r e-4-"* � C JJ C �t/ � L ,( '.�'1 !'bo/ cz�` �6`t.-� �? 1�7.E= � !r'�!S b ,; i,i F4 G4 h'1lt.-6't u`0/2- 14-(`l /. 15.,k1 L.,L i rte-- . (Rev.04/11) Page 8 of 1 I FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70-373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 1. / ' Ji))(1 i f �7atti k c f t rri •.�;.5 �r -J4 Fid/.� 2. The use is specifically authorized as a special exception use in the zoning district. �t3? 0.,1,44./0'�; r� � litcyn e ' �,,1 r I nil e rAl s 1-1? /1es:s � i 41171; - G ,3c 4011 /.3€ ei +-v L4 f' Y ) =v�,�.�.. Iti/g "):114: 3. The use will not have an adverse effect on the public interest. L iitf►1 4-(-) ��'�i/=✓L t 3S $ Cf d .1- 'l {n/r/1 il<-iYwt �'GAG- i < f-J �i•G�/ �. Lt,an t• Fr.'{/ �ii- t,v1 SA kV 4. The rise is apprriate for the propcl§ed location,is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. s, s,� { L'.1‘ G,t'/ , 1 ' r tiv j.(�/PA • L°40,4- i _Dr` erry.� yr, &�s-'Lce;,/i fthvoiV. 5. The use will not adversely affect property values or living conditions,nor be a deterrent to the development of adjacent property. 7-Ltr,t,z_ '(f 6z. tr`u "G.o-e,_ f ,`s h`r //4,4,4,e_4 G c�v a-' 4 rI�L j � .a1 p �7 a-r� �l 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. The_ .e 1 S �' htvad1( Al ne.-eta r%✓eLf/s 5,,,,.yrdyciwt b-yo iGt� rl.,,�`S� h�W tea „ 7. The use will not create a density pattern that will overburden public facilities such as schools,streets,and utility services. Tka.... �1A.a%_ i 'a/f i cu-�v v�vtti /Y /t-ufu lcj L to S s etAe i-� fl't.e -ref; 1 5•' 3 J// cA. / ��y` r (1 n ) 1,e v 8. he use not crente tra fic congestion,flooding or drainage pro ems,or tdrherwise affect public safety. �AiZ k .1 iL44 A�j/v e,fi �'v► }x Lt-e�ki4_ _ - N Kvf i /t etfivt pi)} // 4- 41)t), /V kV, // r"/`�fc C`�1 mil/ f /-14-e c_44_"41-,49-4 The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL[Sec. 70-348(4)] (Rev.04/1 I) Page 9 of 11 se`s.oF,O FCyO .•�w mss;, CITY OF OKEECHOBEE rti "Ti 55 SE THIRD AVENUE ' - ��� OKEECHOBEE, FL 34974 '••���* �� ��� Tele: 863-763-3372 Fax: 863-763-1686• July 9, 2012 VIA E-MAIL nooruddin64*4mail.com Mr. Muhammad Nooruddin PO Box 448 Okeechobee, FL 34973 Dear Mr. Nooruddin: Please be advised that the Planning Board, Board of Adjustments and Appeals of the City of Okeechobee will be considering Petition No.12-001-R to change the Zoning classification on Lots 3-6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) and Special Exception No.12-003- SE to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning district (Ref. Sec. 90-253(16) ) on Thursday, July 19, 2012 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board/Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report. If you, or a representative, cannot attend this meeting please contact my office at (863) 763-3372 ext. 218. Sincerely, Pl±bj M.BLanL Ne.. Patty M. Burnette General Services Coordinator Attachments — 3 c: Shahnaz Nooruddin, Agent, A.M.S.A. Holdings, LLC Arif Shakoor, Agent, E.A.A.A.S. Holdings, LLC . 0 4%. QC. i w : Ilk° ''' ' If: r$ Ill 4 -te " A * 0 o , • ik ",r• 9151'407 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: A.M.S.A. Holdings, LLC Petition No.: 12-003-SE ,L ,tfj Planning & Management Services. inc. 1 4-i 1:u L,,:n MR,t 'Milt 206 ;.-%9 ti, i;(N. tiering Florida Local t;ctxelnnientti Since 1988 Staff Report Applicant's Name.A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE General Information Owner/ Applicant: A.M.S.A. Holdings LLC and EAAS Holding, LLC A.M.S.A. Holdings, LLC Applicant Address: P.O. Box 448 Okeechobee, FL 34973 Site Address: 608 NE 2nd Avenue Contact Person: Muhammad Nooruddin, Mgr of A.M.S.A Applicant/Contact 863-610-1404 Phone Number: E-mail Address Nooruddin64 @gmail.com Existing Proposed Future Land Use Map Classification Commercial Commercial Zoning District CPO CLT Use of Property Assisted Living Group Home &ALF Facility (ALF) Acreage 0.642 0.642 Legal Description of Subject Property Location: 608 NE 2nd Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3-15-37-35-0010-00780-0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request Applicant is requesting a Special Exception for a Group Home concurrent with his application to rezone the property from CPO to CLT. A Group Home is a Special Exception in the CLT District. The Applicant would like to use some or all of the facility for an alcohol and drug rehabilitation (detox) facility. The Applicant envisions initially conducting the alcohol/drug rehabilitation treatment in six to eight of the beds on the ground floor. Ultimately, he may wish to use all 32 of the beds in the facility for the alcohol/drug rehabilitation services. An alcohol/drug rehabilitation facility qualifies under the definition in the LDC for"Group Home". 1 tirrtm I I,rid. Ca mnn-tit, tmiK Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE Adjacent Future Land Use Map Classifications and Zonin• Districts North: Future Land Use Map Classification: Industrial Zoning District: IND Existing Land Use: Vehicle sales, repair and open storage East: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land Use: "Big Lake Baptist Association" South: Future Land Use Map Classification: Commercial and Single Family Zoning District: CPO and RSF-1 Existing Land Use: Vacant and single-family home West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: "KST Construction" Analysis Section 70-373 (b) requires that the Applicant address, during the presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Group home is the appropriate [use designation] for drug and/or alcohol rehabilitation." Staff Comment: The specific proposed use is an alcohol and/or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. 'ler% .,l ti119.4. Iqc, Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency. A drug and/or alcohol rehabilitation facility is reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. The subject property is located one block east of US 441 within the Transitional Commercial Overlay area within which properties are expected to be zoned primarily CLT, CPO, or RMF. Two of these zoning districts (CLT and RMF) allow Group Homes. Although one adjacent property is zoned RSF1 and used as a single-family residence, it is adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single-family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi-family or commercial use. We agree that the location and specific site are appropriate for the proposed use. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The existing building is appropriate for the use of drug/alcohol rehabilitation for residents. No change in structure needed. It will accommodate partial or full use if needed in future up to 32 beds." Staff Comment: The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, the treatment for alcohol or drug rehabilitation will occur entirely within the property and have no significant effects upon the surrounding properties. Since the residents will not be leaving the building unattended, no specific design efforts are needed. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Current landscaping is perfect for the use of building for detox, alcohol and/or drug rehabilitation facility." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest 3 'orrt tt 11:,ial.iI ,n1 ■nt. Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE and west are separated from the facility by public roads and need no special screening treatments. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "Assisted living facility is running in proposed building. Alcohol and/or drug rehabilitation will fit just fine without adding any current staffing except counselors. No additional parking required, as residents will be dropped off." Staff Comment: There will be no increase in the number of beds in the facility. Since the drug and/or alcohol rehabilitation patients are driven to the facility, dropped off, and are unable to leave the facility until released and picked up by friends or relatives, the impacts of the operation will be no different from those of the previously approved ALF. Presumably, the only difference in the operation will be the use of drug and/or alcohol rehabilitation counselors replacing some of the ALF Staff. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, and presents no hazards or public nuisances, the alcohol or drug rehabilitation treatment will occur entirely within the building and have no significant effects upon the surrounding properties. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Current utilities are designed for assisted living facility, which perfectly fit for the use of alcohol and/or drug rehabilitation up to 32 beds if used up to full capacity." Staff Comment: Since there will be no increase in the number of beds in the facility, one would not expect any increase in the demand upon utilities or other service requirements such as sanitary sewer or solid waste. (6) Demonstrate how the impact of traffic generation will be handled off site and on-site. "For alcohol and/or drug residents, most likely they will be dropped off at the facility and picked up at the time of discharge. No additional parking is required. Staff Comment: The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence among those undergoing rehabilitation will be less than that among ALF residents there will be greater turnover among the residents. The rehabilitation residency will probably average somewhat less than one month, indicating that even if all 32 units were devoted to rehabilitation, there would only be one or maybe two extra trips per day due to the increased turnover. Also, we would not expect traffic associated with those servicing the facility would differ between the rehabilitation operation and the ALF. 4 El',iii1.i 1.:,.a1 t,1,\ tiiS1.■• 108, Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE Therefore we would expect only a minimal potential increase in traffic. When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider and show in its record the following findings as set forth in Section 70-373(c). The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The use will fit perfectly in existing building." Staff Comment: The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. "Group home will allow us to see residents with drug and/or alcohol issue. 4— 6 beds will be used initially with options to convert assisted living into detox center if needed." [Staff Note: We believe the actual proposal is for 6—8 beds for detox use.] Staff Comment: Section 90-253 specifically authorizes a group home as a special exception use within the CLT Zoning District. As noted previously, alcohol and/or drug rehabilitation qualifies as an allowable special exception use under the definition of Group Home in the LDC. (3) The use will not have an adverse effect on the public interest. "It will be same effect as assisted living facility currently using." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The assisted living facility will fit perfect for detox center for drug and/or alcohol rehabilitation." Staff Comment: A drug and/or alcohol rehabilitation facility is reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single-family residence. This property is also 5 �crr int; f .0\Yf11171VIII`."I1lL i•`ON Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single-family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi-family or commercial use. We do not believe the operation of a alcohol/drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "There will be no effect upon the existing value of the living condition and property value." Staff Comment: For the same reasons give in our comments to number (4), above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "The existing building already has walls surrounded by the neighborhood." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, north- west and west are separated from the facility by public roads and need no special screening treatments. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "The current use will remain the same or actually less due to the fact residents will be dropped off to the facility and picked up after being part of drug and/or alcohol rehabilitation program." Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. 144 41■4011.4118441161.11044494144404444014014w 6 s tr ing i'I..0, I.tit.ii 4.olt^nsntra1+tiin.e 1984 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE (8) The use will not create traffic congestion, .flooding or drainage problems, or otherwise affect public safety. "Parking requirement has no effect on the use. In fact most likely residents will be dropped off and will be picked up at the end of the program." Staff Comment: The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence among those undergoing rehabilitation will be less than that among ALF residents. The rehabilitation residency will probably average somewhat less than one month, indicating that even if all 32 units were devoted to rehabilitation, there would only be one or maybe two extra trips per day due to turnover. We would not expect traffic associated with service providers would differ between the rehabilitation operation and that of the ALF. Therefore we would expect only a minimal potential increase in traffic. Recommendation Staff recommends approval of the Special Exception request to allow a Group Home involved in the operation of a drug and/or alcohol rehabilitation program on the property. We do, however, suggest that the Approval be predicated on the following stipulations: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Submitted by: Wm. F. Brisson, AICP June 27, 2012 Planning Board Hearing: July 19, 2012 Attachments: Future Land Use Map Zoning Map Aerial photograph 7 letting rim i(1.1 1 1.01 err=ntrnm+ e leks Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS SEABOARD COAST LINE RAILROAD N E. 7 TH STREET Subject Property 11 a. 111011 1111111 s r, II 11111 7 +4 9 11111 - r.E. a TH STREET 1114 W z a M 1Z t- +7 $ a 11 79 t2 W .0 t" 12 YJ W Z z Z N 5TH STREET e 5 • 3 2 111 7 8 s 10 ^1 12 N 4TH STREET COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY i COMMERCIAL - INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 8 serving Florida Local Governments Since 1988 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE ZONING SUBJECT SITE AND ENVIRONS r7 w, 7 t 7 17 2 lit 2 l ws3 f 53 8 II =a M 74 a It I 4,20 WE 7i4 .'� Subject Property Er., , l 0 III 2 2 . I IF, 6 111 11111 ^ . t 111 111111111 4 . 1111111 g 7RE. Q T 1 STREET i , Nii, ii I, , . .,,,..,,,, . • 4 1111 . _ ZONING g Z 1 A G 'V '7 �i if -t Y7 7y W 2 2 2 N.E. STN STREET UNINCORPORATED J/ CBD-COMM BUSINESS DISTRICT if!! 111 f xa in 0 CHV-HEAVY COMMERCIAL '77''',7 7 it 4 /1 77 12 or: r ' CLT-LIGHT COMMERCIAL ' I Tit ST T 1 CPO-COMM PROFESSIONAL OFFICE ' - Ilia :, • 9 Y 7 t " 3 2 t 111 • (7/./r; H-HOLDING IND-INDUSTRIAL PUB-PUBLIC FACILITIES PUD-MIXED PUD-R - RMF-RESIDENTIAL MULTIPLE FAMILY 1 RMH-RESIDENTIAL MOBILE HOME II RSF1-RESIDENTIAL SINGLE FAMILY I RSF2-RESIDENTIAL SINGLE FAMILY(2 i n-r ing Florida Local Go7'ernmenoi Since 1988 Staff Report Applicant's Name:A.M.S.A. Holdings, LLC Special Exception Petition No. 12-003-SE SUBJECT SITE AND ENVIRONS 7 (' P `. r t s ,e ice t , i Stor•_ Repair& 1 "�' 3 ' Sates -t * Mrs S Subject • KST Property v-' + , . 1 L''1.---.1-47 : ''''.11:10**' 111: ,_ 1116 MS PO 4.0 AM: AL" #i4 \ jai -new •x• r , 4181. MI■11111. serving Florida Local Governments Since 1988