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1089 12-001-R/Blk 78/CPO to CLT• ORDINANCE NO. 1089 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of the property owners, A.M.S.A. Holdings, LLC and E.A.A.A. S. Holdings, LLC, has heretofore filed Petition No. 12- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.642 acre(s) from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District, and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on July 19, 2012, and submitted by Planning Staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land consisting of approximately 0.642 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 3 TO 6 OF BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1089 Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 21st day of August, 2012. S Lane-Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of September, 2012. James E. Kirk, Mayor ATTEST: rilk.4 2 Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Jon R. Cook, Cityttorney Ordinance No. 1089 Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: G_Ii4_01 Petition No. /a_ 00/_ t Fee Paid: re Jurisdiction: �Q -�� � � �� � ��,' 1st 2nd 1 Hearing: iG_la 2 Hearing: �_aj_�a �_µ�l� Publication Dates: '� /I r1 'II Yet. a r , / Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): n ty) A 14d j (l; w, ,C o E 4,13-A .S q� i d; tv, L- (. 2 Owner mailing address: ?l,1 6L,X t41(s,6, e -tiiui i,ji,3,.i5-7 i ) 7 4- 0 s /‘i//e-b)cek 2i ?, /2sl- -,f-L 3 Name of applicant(s) if other than owner ,, 3 `" 4 Applicant mailing address: P, L? . e,),/ t1 8 , 0/Ke e, t,i.�;,k e, ( _ 3 Lt c173 4a e-mail address: A,>o p jZ a.1)) /J k ('"i ryj 41 ; / , C er) 5 Name of contact perso,n (state relationship): /loaltLtinr)'1 m) 11) 00 4-(-t ))D /;), Ap-fi �jEc 6 7 Contact person daytime phone(s): 'Fe. S - &:> /G' - / ci v y , PROPERTY INFORMATION Property address /directions to property: �, c ai ' v :414, ,� 1C hobt&i/ rL 3(-- /`57)-- 8 <; Describe current use of property: c„,f7 U , R ;s; ) •i-4, , 1 , °L,,' IA- L'-' 6110) '/ 3? .13e?-1 X ,-' 7 y, S-e ‘ G/ j I-,, ' 6 1---:.6,,,, 1 4� 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 0/Ve. I,,,,, ' ��/ )LC ; t4l,11 � ✓- YS 1F-r', / i ,!ct./ c:Li C;11'';) plt cc. /» /s /37 (j 9 c u6 Source of potable water: 1 w,,4,, Method of sewage disposal: (6.2,,,A-,,,ye. 10 Is property in a platted subdivision? 45, Approx. acreage: /) , L/ y 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: Ski 0 /V -e_ 12 Is a pending sale of the property subject to this application being granted? J^J c> 13 Describe uses on adjoining property to the North: Offiees'w 61_9 L�C..¢ 13 hs r North:xuh> ;2,/,ti, 1, &/). . -v . is. r!iL.r5+ -r> East: � ,b . '42---Pi) South: vAec,rJ r 4-+f- CCO0) ik.„,4 j,- s;,.,� 1 e t;� West: d_ 0 V (.,t ," ✓4, /l4, . S:efri,y-cz) ■ 14 Existing zoning: (2_ 1r) U Future Land Use classification e_ 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? () No (Yes. If yes provide date, petition number and nature of approval. 7 7.o 0 K _ 8 e si E ( 6 g'O // - S 16 z Request is for: (V,,) Rezone ( V ) Special Exception ( ) Variance 17 Parcel Identification Number: -3 _ j S' _ 2, --)_ s- _ 6 L, / - v 0 7 ThC, . 00 j U (Rev 01/12) Page 1 of 11 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 x Printed Name n!1 Date Jr LA [LOW 21t.e) 9a/Lce/Mu,/ 117v/o-, For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicants statement o interest in property: !as.1- s'r- -,-1z. 11 �� 6'/42 ` e-r( -,:(; t-. 6&y „ta_7X /7• f`L." A GPI / f i ✓ i ) -,- ti/) /, r,-- t70,') (Le c, is:.y f f-y /14 I� 4 hi Gi /1•% C,CY) ) m P.r C i J) �x' c �F r z 13 h &)lJ • /T' si v 12-1 --vim v 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exce tion: $500 plus $30 /acre; Variance: $500 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: W e lcie� + ° 4 /:f.::' f' 11., /t of o, '` ` 4k " "0 7 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 ►'three property surveys (one no larger than 11@ x 170 containing: a. certified boundary survey, date of survey, surveyors name, address and phone number 1;-, ✓b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 'lc,/ x 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 x Printed Name n!1 Date Jr LA [LOW 21t.e) 9a/Lce/Mu,/ 117v/o-, For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 Prepared by and return to: Saeed Khan 906 SW Lighthouse Drive Palm City, Florida 34990 IIIIIIIIIIIIIIIIIIIINIIIIIIIHIIIIUIIIIIIIIIIIIIIIIHBf _ FILE NUM 20100031 4 6 OR BK 00634 PG 0373 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 03/18/2010 11:28:53 AM AMT 287327.00 RECORDING, FEES 35.50 DEED DOC 148.80 RECORDED BY M Pinon F'ss 0373 - 376; (4p9s) 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: Witness Name: l Witness Na Witness Name: Quit Claim Deed -Page 2 A.M.S.A. HOLDINGS a aeed Khan, Managing Member an By: Myra Managing Member 13y: Mohammed Nooruddin, Managing Member By: Shahnaz Managing Member Book684 /Page374 CFN #2010003146 Page 2 of 4 State of Florida ,,n _ 9 County of jkara (;�. i Ili etch, The foregoing instrument was acknowledged before me this 8 -day of 44Qta by Saeed Khan, as Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L1 personally known or produced a driver's license as identification. Managing L] has [Nota NOTARY PUBLIC -STATE OF FLORIDA e Shahnaz Akhtar Khan Commission # DD535559 Bonded Thru Atlantic Bond ogco.,OInc.. State of Flo Oa County of GB4e The foregoing instrument was acknowledged before me this Member of A.M.S.A. HOLDINGS, LLC, a Florida limited produced a driver's license as identification. NOTARY PUBLIC -STATE OF FLORIDA [No f1Ehahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. State y Florila County of _ east - -- The foregoing instrument was acknowledged before me this O q k day ofr�y, 2010 by Moha ed Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L s personally known or [J has produced a driver's license as identification. o9k-a-L? th.C_QAA Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: day of iary, 2 10 Myra Khan, as Managing liability company, who is personally known or LJ has \cLZ-9,—,La7e (a,LCt■t, Notary Public Printed Name: SHAHNAZ A. KHAN 1D NOTARY PUBLIC -STATE OF FLORIDA [No Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. State of Florida County of e2ck.c 2.Q_- Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: a &O I o f td l- `T V6-- The foregoing instrument was acknowledged before me this g "'day oft- Jenttsfy, 2010, by Shahnaz Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who ts personally known or Li has produced a driver's license as identification. NOTARY PUBLIC. r^ '"' r1F FLORIDA [1'1%. ahrl� , Khan Commission: ..;:35579 Expires: APR. 02 Bonded Thru Atlantic Bonding Co., , .. Quit Claim Deed - Page 3 Notary Public Printed Name: My Commission Expires: SHAHNAZ A. KHAN 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 Adorn to: (enclose self - addressed stamped envelope) Name. Address: This Instrument Prepared by: s•h •1 *b.1MJ NO d J3$I Name: Address Moto tJ NG1tT -tio-v 16 , P411.1Y\ ctMy Properly Appraisers Parcel Identification Folio Number(s): Granleels1=3(s) tae A 0 02 95 SPACE ABOVE THIS LINE FOR PROCESSING DATA Clio Quit VI1aiiii Peet, Executed the I IIIIII IIIII IIIN IINI IIIII INII IIIII IIIII IIIII IINI ilfl IIII FILE NUN 2009012702 OR BR 00678 PG 1 536 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 11/17/2009 02:40:13 PM AMT 10.1)0 RECORDING FEES 10.00 DEED DOC 0.71) RECORDED BY M Pinon Ps 1536; (1a3) SPACE ABOVE THIS LINE FOR RECORDING DATA 1-1 5' day of N O UE n'Of3cp) 2-oocj by Date first party, to fIYY) S A {4OG%J /eiv 55 GL` whose post office address is q06, SW Gi /(.D144e— t+-11-1 VLF - (tf- -/rn GJ'/y / rL -3/050. second party. Ary)S f} 11-01- 1Ai 1$ L C /ND e A M-5 Azel -) /'S 6. . (kin aw LtGNr+toJ6E Dt2 PIKtxYa GTy 3�Q (Wherever used herein the terms -first party' and -second party' include all the parties to this Instrument and the heirs. legal representatives, and assigns of individuals. and the successors and assigns of corporations. wherever the context so admits or requires.) I ?I! itnesstti , That the first party, for and in consideration of the sum of $ /17 in hand paid by the said second party,the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of eke a (A/1.o / / State of FLerit / h A- • to -wit: GIT`( of OK Ecif°(3EE Lo-T5 3 r H 5 a. (e Pal —oc14 0 nt}/II.GG y 6 g , (s 37- 35-- 00/o- a 0 7 ,90 - Do) flu the nub to PO The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. gin Pitutso Allprettf, the said first party has signed and sealed these presents the day and year first above written. Signgd seale an delivered in the presence of: Wtmesa Signature (es to first Grantor) Grantor Signature WkG KtttrtJ Prined Name ` D- 13o1C- J4t4✓8 DK1✓F-cN -o(aE-E 14913 c4 OL ryr/ 7714,P101/1--- re tare With Sig (aa'aa toofirrst Gra ) 5401 I nt /iDut-%', Print NemoJ WI ore as to Co- Grantor, if any) [; Rt Clw—(- Printed Witness Signalasa (as tp Co-cramori ii any) r\ t y- r-tciCTre . r-, r Printed Name STATE OF T.-LORI/5h- COUNTY OF OKEZG1tb Sf,a e) Post Office Address Co- Gnmmstgo"ur any) '/ CM e„eh fit o o u Db ov Printed Name 0X }It(g oKF.E alto ©EE Post Office Address 9-C_ + 3 ti-413 I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared known to me to be the person `°described in and who executed the foregoing instrument, who acknowledged before me that executed the same, and an oath was not taken. (Check one:) O Said person(s) is /are personally known to me. 0 Said person(s) provided the following type of identification- Mt orR-a) NOTARY RUBBER STAMP SEAL NOTARY PUBLIC -STATE OF FLORIDA Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thn. Atlantic Bonding Co., Inc. Witness my hand and official seal in the County and State last aforesaid this 11 day of N(NE tt I Jt o,Ooq' Date "2,7447-t-341/4-7, na-7, K t f P\ N Printed Name Book678 /Page1536 CFN #2009012782 Page 1 of 1 THIS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Kelly Elite Title, Inc. 311 NE 2nd Street Okeechobee, Florida 34972 Property Appraisers Parcel Identification (Folio) Numbers: 3- 15- 37 -35- 0010 -00780 -0050 IIII 1111111111111111111111111111111111111111111111111111 $1: (r_- C) FIloiE HUM 200 7 00280v OR BK 00624 PG 0376 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 02/22/2007 02:57:53 PM RECORDINS FEES 10.00 DEED DOC: 1,120.00 RECORDED BY R Parrish P3 0376; (1es: Space Above This Line For Recording Data THIS WARRANTY DEED, made the 16th day of February, 2007 by William S. Welder, a single man , whose post office address is 608 NE 2nd Avenue, Okeechobee, FL 34972 herein called the grantor, to A.M.S.A. Holdings LLC , whose post office address is 906 SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: (Wherever 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) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S (S10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness gtattur William S. Welder Sha.hnsrN lie l lt� Witness #1 Printed Name 14-2/114:2 Witness #2 Signature M/14.Ct5 f? o� 14^ 1 Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged befo[(e�me this J[ day of February, 2007 by William S. Welder who is personally known to me or has produced 1Ll t1 t titi� (1 as identification. SEAL My Commission Expires: File No: 07-3267 SHANNON MULHOL Notary Public, State My Comm. Expires June 2 Comm. No. 0D 332394 ublic Printed Notary Name SHANNON MULHOLLAND Notary Public, State of Florida My Comm. Expires June 24, 2008 Comm. No. DD 332394 Book624 /Page376 CFN #2007002808 Page 1 of 1 we* www.sunbiz.org - Department of State FLORIDA DEPARTMENT OF STATE DIVISION OF ORPOIlik 10 S Page 1 of 2 Horne Contact Us E-Filing Services Document Searches Forms Help Entity Name Search No Events No Name History Detail by Entity Name Florida Limited Liability Company EAAAS HOLDINGS LLC Filing Information Document Number L09000094235 FEI/EIN Number APPLIED Date Filed 09/30/2009 State FL Status ACTIVE Effective Date 09/29/2009 Principal Address 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE FL 34986 US Changed 03/30/2012 Mailing Address 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE FL 34986 US Changed 03/30/2012 Re istered A ent Name & Address SHAKOOR, ARIF 7960 SADDLE BROOK DRIVE PORT ST. LUCIE FL 34986 US Manager/Member Detail Name & Address Title MGRM SHAKOOR, ARIF 7960 SADDLE BROOK DRIVE PORT ST. LUCIE FL 34986 US Title MGRM SHAKOOR, ELMA 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE FL 34986 US Annual Reports Report Year Filed Date 2010 03/30/2010 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&ing_doc_number=t090000942... 6/25/2012 'vvtrw.sunbiz.org - Department of State 2011 04/29/2011 2012 03/302012 Document Images 1111M=CLPINIF !IN Note: This is not official record. See documents if question or conflict. No Events No Name History Page 2 of 2 Entity Name Search bttpliwww sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc_number= 1,090000942... 6/25/20 i www.sunbiz.org - Department of State FLO toA ° DEPARTMENT OF STAT . DIVISION OF CORPOI.A11'142INS Home Previous on No Events Contact Us Next on List Page 1 of 2 E- Filing Services Document Searches No Name History n To List Detail by Entity Name Florida Limited Liability Company A.M.S.A. HOLDINGS, LLC Filing Information Document Number L07000007838 FEI /EIN Number 208281912 Date Filed 01/22/2007 State FL Status ACTIVE Effective Date 01/22/2007 Principal Address 608NE2AVE OKEECHOBEE FL 34972 US k. Changed 03/30/2010 Mailing Address P.O. BOX 448 OKEECHOBEE FL 34973 US Registered Agent Name & Address NOORUDDIN, SHAHNAZ 111 NE 11 TH STREET OKEECHOBEE FL 34972 US Name Changed: 02/18/2011 Address Changed: 02/18/2011 Manager /Member Detail Name & Address Title MGRM KHAN, SAEED P.O. BOX 448 OKEECHOBEE FL 34973 US Title MGRM NOORUDDIN, SHAHNAZ P.O. BOX 448 OKEECHOBEE FL 34973 Title MGRM KHAN, MYRA P.O. BOX 448 Forms Help Entity Name Search I Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &ing_doc_number= L070000078... 6/15/2012 A k r 4,1,, 22 /21 tt (A,Pn 422 de- 4 S 4/(2 oz-vt(.. 1) 1) AA) A e 75'ey) 2 .7- bite iI: I) ' 111" 14,-/ ; 5 )` &-) YY3 k3Z2-1:ti-Z6/ ‘1,1-4-47 1"-)v , - 3 NOTARY PUBLIC-STATE OF FLORIDA '''''' Shahnaz Akhtar Khan Sa Commission #DD969968 Expires: APR. 02, 2014 BONDED THRU ATLANTIC BONDING CO. INC, e0/3-60 LLt 1729-4%y /47-1 (J i2 iF - tt ) /_S 1-112 bill., o 4■-,2 Ps c fc 3 t.4 a 61 ( WITHIN 300' 3- 15- 37 -35- 0010- 00780 -0050 PIN OWNER NAME ADDRESS 1 3- 15- 37 -35- 0010 - 00550 -0010 TARMAC FLORIDA INC 1151 AZALEA GARDEN ROAD 3- 15- 37 -35- 0010 - 00560 -0010 TUTEN TROY T & MARY ANN 12457 SW 18TH COURT 3- 15- 37 -35- 0010 - 00560 -0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 3- 15- 37 -35- 0010 - 00570 -0050 TRENT RONALD L 12322 SE 33RD ST 3- 15- 37 -35- 0010 - 00570 -0080 LOWE JOHN MARCUS & CONSTANCE W i PO BOX 296 3-15-37-35- 0010 - 00570 -0180 HAYDON ELLIS R & RITA 2448 NE 80TH AVENUE 3-15-37-35- 0010 - 00770 -0010 KST CONSTRUCTION INC 13283 NW 32ND AVENUE 3- 15- 37 -35- 0010 - 00770 -0030 4 GIRLS ENTERPRISES INC 701 NE 3RD ST 1540 SE 40TH AVENUE 3- 15- 37 -35- 0010- 00770 -0060 BIG LAKE EYE CARE LLC 3- 15- 37 -35- 0010 - 00770 -0100 BIG LAKE EYE CARE LLC 3- 15- 37 -35- 0010 - 00780 -0010 BIG LAKE BAPTIST ASSOCIATION I 3-15-37-35- 0010 - 00780 -0070 NUNEZ DAVID JR & ANITA 3- 15- 37 -35- 0010 - 00780 -0090 MEDINA J REYES GARCIA 3- 15- 37 -35- 0010 - 00780 -0110 PARKER ROBERT C SR & JOANNA 3-15-37-35- 0010 - 00790 -0030 COYLE WILLIAM D 3- 15- 37 -35- 0010- 00790 -0050 ROWLETT JOSEPH 3-15-37-35- 0010 - 00790 -0070 ROWLETT JOSEPH 3- 15- 37 -35- 0010 - 00790 -0090 QUARLES NANCY GAIL 3- 15- 37 -35- 0010 - 00880 -0060 MITCHELL RONALD & GIANINN A 3- 15- 37 -35- 0010 - 00890 -0010 NIX CATHERINE S TRUSTEE 3- 15- 37 -35- 0010 - 00890 -0040 NIX CATHERINE S TRUSTEE 3-15-37-35- 0010 - 00890 -0060 MADRIGAL ANSELMO & MARYANN 3-15-37-35- 0010 - 00900 -0010 SEACOAST NATIONAL BANK CITY NAME ST ZIPCODE NORFOLK IVA 235020000 OKEECHOBEE FL 34974 OKEECHOBEE FL 349730000 OKEECHOBEE I FL 34974 OKEECHOBEE FL ! 349730000 OKEECHOBEE FL j_349728100 OKEECHOBEE-1FL 34972 OKEECHOBEE FL 1 34972 OKEECHOBEE FL 349740000 606 NORTH PARROTT AVENUE OKEECHOBEE FL 34972 PO BOX 1203 OKEECHOBEE FL 349731203 701 NE 3RD ST OKEECHOBEE FL 34972 5615 NE 3RD LANE OKEECHOBEE FL 34974 209 NE 6TH ST OKEECHOBEE FL 1349720000 306 NE 7TH ST OKEECHOBEE FL 349740000 PO BOX 1903 OKEECHOBEE FL !, 349731903 PO BOX 1903 OKEECHOBEE FL 349731903 311 NE 6TH ST OKEECHOBEE FL 349720000 18800 NW 160TH STREET OKEECHOBEE FL { 34972 201 NE 5TH STREET OKEECHOBEE FL +349722605 201 NE 5TH STREET OKEECHOBEE 1FL 1349722605 1788 SW 8TH STREET OKEECHOBEE FL 34974 815 COLORADO AVE STUART FL 34994 CD . ao z cj, ■-/ o XIXC'3 r- rn 3:1; rn C.ra) 0 coix,mc, m m > m o <1— O r- Z 0 o C 0 m 3-15-37-35-0010-00780-0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE FL34972 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 3-15-37-35-0010-00780-0110 PARKER ROBERT C SR & JOANNA 209 NE 6TH ST OKEECHOBEE FL349720000 3-15-37-35-0010-00770-0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL34972 co (r) - CD L, - >0) x - x 0 0 I— C., r- 0 cri 71 0 1—D20 G) oo 9 P3 r(r) 9 o ST> 0 rn > >0 - > • ° 0 cn -71 3-15-37-35-0010-00780-0010- gIG LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE FL349731203 NE 3RD AVE 1S H1L 3N NE 2ND AVE 3-15-37-35-0010-00560-0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 OKEECHOBEE FL349730000 C 4, rn cn Z 0 -.4 -74 PC T. XI " 0 0 0 co o 0 c cS > 0 z zo ,00I• NIHlIM A2ivaNl0813abdd 1 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 ismade based upon an inspection of the tax rolls of the f Property Appraiser of Okeechobee County as of 0 t-044-79-O JoZ • 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 / day of 9 Signature of Applicant Date u it- nm No 'flub) /A) Name of Applicant (printed or typed) State of Florida County of Okeechobee b// vh Sworn to and subscribed before me this I 14 day of , . Personally known to me ✓ or produced as identification and did not take an oath. rfl • Notary Public, State of Florida Seal: ,-00 "cite. Notary Public State of Florida • , Patty M Burnette My Commission DD827982 of me' Expires 10/02/2012 (Rev. 04/11) Page 3 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A REZONING' Current zoning classification: (1_, 0 Requested zoning classification L% )hf Ccn' 1 ill I B Describe the desired permitted use and intended nature of activities and development of the property? L. L ri T 'Az- 1.)v q71v il 1n / N 4- / S , LJE.• i.t) i 1 I e')tal• i rJ 7 G1,t. ex i *S t-PA Li h �, /r I rzy 4e.-71-72)( dettAk�.- . :7..1, ,n 0 /1c —,4 .47 C. t.. r. f C Isla Special Exception necessary for your intended use? () No (A) Yes If yes, briefly describe: ) /; -1 4 h 0'0UL [,'.`' Sr.() t4v`% �' ,S'. �t f -r,,"4e . /7' /^� j', 7�l etit/j' d6 e�X / ✓ -1-. ,- 034 /c( vi -9 /toildti/. /om. D Is a Variance necessary for your intended use? (No (_) Yes If yes, briefly describe: E 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 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. "1 IZY012dN i c t.Lt L i. 1( 1,0 / >t"l'�/'i e.cynt, feA49A/f,1 /)14r) 'iii c'r . 1 I/l Y -G r 1'y1 tip is 6'✓' fh i/1/ L-c i . 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. l v l s Cw ‘2-4- L J 'G-/ iv) / L /- Lxee fr er t-1 v 3. The proposed use will not have an adverse effect on the public inter st. , 7 /P /ii try 144 L 1— /,g l iI t' `\��,, �` �_� t11� (i✓t /I G1,S �'- lv -- c /3z11/ Irir�iit/l� �,- &-/"V X /uY�',rsc' c•✓it�cr� Q41/x ., ire itt en/r / `f ddlt --rte. U / L/ 0114 -) 4✓) ! ✓ :Y✓.r71 G f" 4„,)' / / 13..4 j �r r{ 17 ✓ t >(Ct�e G(, ,76tz »>VGe Y -'- 2 yo ,.✓v ,6V4' < . tekt fi' "f /C.++ ece4,44/ -e 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. 4021 h . v� Gim1 �i1�rG �l co ��'. 0`/�/i r �,,, r r17✓A �j 1�� ir�l+ is y 5 Ors{- f ;(4,tif l ► i./ Ct r y i , tit p G Pt ttle& - 11, j) kv' t7 vvem yvo:,frv( Lk1)01 5FAv;C .) 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. /h it.6"411 ) �jtZS;-✓L J . (Rev. 04/11) Page 6 of 11 ASBUILT SURVEY PREPARED FOR A. M. S.A. HOLDINGS, LLC. QESCR /PPON: LOTS .% 4, 5 AND 6, BLOCK 74 CITY OF OKEECHOBEE; ACCORDING 70 7HE PLAT THEREOF AS RECORDED IN PLAT BOOK 5. PAGE 5, OF 7HE PUBLIC RECORDS CP OKEECHOBEE COUNTY, FLORIDA. ARAIRENTIMI MN MIA L Mehl . :MET NAKED aLL AV IPA/ PROJECT SPEC /F/C NOTES: 1) UNLESS SHOWN 07HE7R$? S ALL DIMENSIONS ARE PLAT(P) AND M£ASURED(M). 2) SITE ADDRESS: 608 N.E. 2ND AVENUE. 3) PARCEL /D: 3- 15 -37 -35 -0010- 00780 -0050. 4) 7HE DESCR /P770N S7/OV,N HEREON WAS PROVIDED BY THE CLIENT OR THE CLIENTS REPRESENTATIVE 5) BEARING REFERENCE.• 771E NORTH LINE OF BLOCK 78 IS TAKEN 70 BEAR NORTH 89'47'38" EAST. 6) F.I.R.M. ZONE ZONE UNDETERMINED, PARCEL UES N1TH /N THE OKEECHOBEE CITY UM /TS 7) THIS SURVEY IS NOT INTENDED 727 DEPICT JJR/SD /C770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 8) ADD /T1ONS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY OTHER THAN 7HE SIGNING PARTY OR PAR7IES IS PROHIB/7ED M7HOUT NR/T7E7V CONSENT OF 7HE SIGNING PARTY OR PARTIES 9) 7HE ELEVATIONS SHOWN HEREON ARE BASED ON 7HE NA7)ONAL GEOOE77C VER17CAL DATUM OF 1929 (NGVD 1929). 10) DATE OF LAST F7ELD SURVEY. 09/14/10. PROJECT SPEC /AC LEGEND: NPP = WOOD POWER POLE = ASBUILT ELEVA770N PREPARED FOR THE EXCLUSIVE USE OF. A.M.SA. HOLDINGS, LLC. GULFSTREAM BUS /NESS BANK ELITE 1771E, INC. 71COR TITLE INSURANCE COMPANY COMMONWEALTH LAND 7771E INSURANCE COMPANY 7'r -0 d£NCHMARK FOUND RAC NAIL R DISK 7rAB IS 4820- IN ASPHALT. £L£V. 28.07' (NOW 1929) N.E. 7771 STREET 8/. APPI OF my amyl. IMMO r6 `,aa .a. >. NM MP fa, MYOPIA POMP, PPM (REARM REFER ICO N 11087Je E sonar 900 COOL MI KAM. I Centaint row army. - — MPFP TAW a a 14-.1 C Annum AMA PP I TOTAL PARCEL CONTAINS 1.064 ACES COPACM �F^ 5 2 STORY BUILDING F.7£ 2984 (NG.0 29) roni Mw r mw PM MO maa 7 4 POICACIP �Lm OF, STAMP l/-- - -- I PIO .._........... mom.. ,o Pe m% i .. OOMlIP7r AIM AMMO PIM NAN 3 1 APPAL! PAMPA LAMP, AMMO a 7. N NYT.7C E mans) toaoorP) I a»o urram, a7'n 2 5' BERM (APPROXIMA 1E LOCADON) ay11m.. I CPO r,L,a 03./Wrt SON pyyes IMP s ar4027' w /a820I)1) swoop.) AMP PM' MY na.a 20' ALLEY T -� a CILOCK 7B 9 7'`m: w n T - -� 10 S 0/3117 tr .A7acorm) S0a00DP) 11 T I Y1 3 a 12 FAMO ICA P PAP IMP" TRADEWINDS SURVEYORS & MAPPERS, INC. 200 S.A. 9rd Avenue Okeechobee. FL 94974 TeL (863) 769 -2887 L(rl Fax (663) 769 -4942 Smell: twpallembargmaiLaom Kenneth A. Breaux, Jr. (PSI1 4820) ASBUILT SURVEY LYING IN LOTS 3 -6, BLOCK 78 CITY OF OKEECHOBEE (P.B. 5, PG. 5) OKEECHOBEE COUNTY, FLORIDA STANDARD NO1FR 1. Na ..arch of the maid .mead. for MWLnbaUen or nrnr"np or mediation. affecting the land. sham am p.fbmd by Ma .ae*r.r. 2. nor massy hre h propane. a luel.dy for them pmtl.. word. S No y or Idtalty In moaned by the snows for or by Ohara not palllelly want 4. Not without the .Ipalun and armored mot of Florida Monad smarms and mapper item. S 1e*m a. no *7'm. oboe* 9811.d a orecohnend aapt ea shaman. e. N. attempt dm made to Moab .ndaywnd Improvements and/or maeea..e*.r (N my) a. pat of 7. 181. may .m prepared H aoaordmae with Wilburn technical .8.06.8. .89681.d by O.. Florida Bead of %norms arm WOW. (Onp4 91017 -9. FAG) waned b S..6.. 472027. Ronda LEGEND 0-Set Iron Rod and Cap "098 LS 4820" ■ -Found CN O -Found Iron Rod (and Cap) • -Found Pipe (and Cap) ABBREVIATIONS .1.V.CoOls C. Canasta or Control cL. L. P.N• �° , Mk :,R P.� fad ., Swtkway L itwty ma pinopa :N. t R/M�RIat -off ..x Slw +deal+ . b.. a Ra hoc x�: ryiw.m.nx utt.utuRKle): �✓ -swt a..otw, ew.a a .�a.eta uee..i. R. ORSCR WOO 666. 14472 or art BOUNDARY SURVEY (ASBUILT) 09/14/10 272/15-16 WC KAB w r - 20' MOM MONIER 20565 -ASB `SST 1 or 1 Okeechobee County Property Appraiser - Map Printed on 6/1/2012 4:36:11 PM Page 1 of 1 lOtakeSi t a ppliCaho.4 C.L.L.. bin o-lS +1) 47.; 1 NE 7TH ST 3-15-37- 35aI0 10-00780-00 50 AMSAHOLE'INaS LIB:8 EMAS 1 7 64211..0 1 2.6.2':10 - .2 4OO 3ra aa£ 3N flak . dv Cla.P N.G. "BM" Sherman. PARCEL: 3- 15 -37 -35 -0010-00780 -0050 - OFFICE BLD (001700) 04 T ►7� t;o r(eOf Oddfe S� Qn�I��r2, po Dftce-C tno ►at E 1 c_ 34413 CITY OF OKEECHO TS 3, 4, 5, & 6 BLOCK 78 Name:AMSA HOLDINGS LLC EAAAS LandVal Site: 608 NE 2ND AVE, OKEE HOBEE BldgVal HOLDINGS LLC ApprVal Mail: 906 SW LIGHTHOUSE DRIVE JustVal PALM CITY, FL 34990 Assd Sales Exmpt Info Taxable $52,200.00 $400,748.00 $517,339.00 $517,339.00 $517,339.00 $0.00 $517,339.00 44 86 132 ft This information, CAMA updated: 5131/2012, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. htip://www.okeechobeepa.com/GIS/Print_Map.asp?pjboiibchhjbnligcafcefocnfkfdfefdbblej... 6/1/2012 pyti u n/ nit, w% `fir K h cc,►t i �,r. KO o ru t t ti `to 40%5 t ci./Ma,# uivd, tka-- 441 (*.Ow P.t oPo +.0ouryLe_ fitu-kitryuvuut- 46c trtoAt tit-60_0141 AkActitcLk,iii lumuit ix) 44,t, Jaa-t-t, GOLLI s t,o kat 9-i-tt 0-A-L ax) • AGENDA V. AGENDA • Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 1089 regarding 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, to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1089 by title only. 2. a) Motion to adopt Ordinance No. 1089 b) Public discussion and comments. SEPTEMBER 4, 2012 - REGULAR MEETING & FIRST BUDGET HEARING • PAGE 2 OF 11 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1089 regarding 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, to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT); seconded by Council Member Watford. VOTE KIRK - YEA WATFORD • YEA MAXWELL- YEA O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1089 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1089; seconded by Council Member Watford. Mr. Jim LaRue of LaRue Planning Consultants reviewed the Planning staff report findings. The proposed use is not contrary to the Comprehensive Plan requirements, the Future Land Use is Commercial. The proposed use being applied for is specifically authorized by Special Exception. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is an allowable Special Exception use in CLT. More so, the owner has specifically requested a combined use of an ALF and an Alcohol and /or Drug Rehabilitation Center. The center falls under the definition of a Group Home. VI. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments (for adoption of proposed Ordinance No. 1089) continued. SEPTEMBER 4, nu • KEGULAR MEETING 2i■ FIRST BUDGET HEARING - PAGE 3 OF 11 p(i) COUNCIL ACTION - DISCUSSION • VOTE The rezoning should not have an adverse effect on the public interest. It is appropriate for the location, is reasonably compatible with adjacent and 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 existing 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 7' Street and 2nd 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. It has not been inordinately burdened by unnecessary restrictions. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Jim Vensel of 2002 South Parrott Avenue, stated his objection to the rezoning as then the Special Exception would allow two types of group homes to operate within one structure, He also clarified his statements from the first reading in that his frustrations over the matter are not aimed at the Council. It is with the granting of the Special Exception. Commenting further, "this is not going to be a good thing. Drug and alcohol rehabilitation is needed in this community, but it does not need to be in combination with our elderly." Attorney Tom Conely whose office is at 401 Northeast 6th Street, joined Mr. Vensel on his concerns. Stating further, his 97 year old mother is there and doing very well, It is a wonderful facility and they are pleased with the staff and care. However, they hoped this would not continue and could not believe the zoning regulations allows for a combination of the uses. He could not envision how those two types of facilities could mix in one complex and have the safety that is needed, Mr. Tom Janowski of 1260 Southeast 23`d Street spoke of his opposition towards the rezoning along with another concerned citizen whose mother is a resident at the facility. Ms. Karyne Brass, Planning Board Member, asked Council Member Maxwell, to elaborate his concerns voiced at the first reading. Council Member Maxwell stated he voted against the first reading since his concern was the contingency of the Special Exception and the broader defined category of a group home. He is interested in all the concerns expressed, but questions whether the two types of uses can co- exist. However, through further research, by calling other ALF's within the state, he has found some comfort in that the state professional license regulators may alleviate everyone's concerns. In order for the drug rehabilitation to be licensed to operate at the existing ALF, there are many requirements that will have to be met. If they cannot, then the State will not issue a license. AGENDA VI. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments (to adopt proposed Ordinance No. 1089) continued. c) Vote on motion. CLOSE PUBLIC HEARING FOR ORDINANCES - Mayor. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 12 -07, revising and adopting Commercial Rates and Fees for Solid Waste Collection - City Attorney (Exhibit 2), SEPTEMBER 4, 21112 - KEGULAR MEETING 6, riRST !BUDGET HEARING • IdAGE 4 OF 11 1 ter COUNCIL ACTION - DISCUSSION - VOTE City Clerk Gamiotea noted for the record, there were 18 courtesy notices mailed to surrounding property owners. The City received one response in writing, from Ms. Janet Holder, she did not give her address other than she is a County resident and stated her objections to the rezoning in that her grandmother resides at the ALF, but did not offer her grandmothers name. Council Members Watford, Maxwell, O'Connor and Mayor Kirk disclosed that they spoke with either the applicant or opposed and concerned citizens. Council Member Williams noted he received messages of opposition on his answering machine. The Council discussed the matter at length. The situation is difficult due to the fact that rezonings cannot be passed with any conditions. In order to deny a rezoning there has to be clear facts that the property is not a good fit for all the permitted uses listed in the zoning district. The petition meets all the requirements, as outlined in the Planning Staff Report and noted previously. VOTE KIRK - YEA MAXWELL • YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCES AT 6 :36 P.M. Council Member Watford moved to adopt proposed Resolution No. 12 -07, revising and adopting Commercial Rates and Fees for Solid Waste Collection; seconded by Council Member Maxwell. Attorney Cook read proposed Resolution No. 12 -07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA REVISING THE COMMERCIAL RATES SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2012 -2013; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Administrator Whitehall explained the reason this item was postponed twice, was to renegotiate the rates. Mr. Jeff Sabin, Government Affairs Manager for Waste Management (WM) was in attendance and he was asked how the City rates compare to the County's. Mr. Sabin answered the commercial rates are within four to six dollars per month and within thirty cents for residential. The disposal rate for the Municipal Solid Waste is $35.00 per ton and has been frozen until 2016. The discussion of fuel costs ensued as it is one of the largest variables for the rates. Melisa Jahner From: Melisa Jahner <mjahner @cityofokeechobee.com> Sent: Tuesday, September 18, 2012 11:52 AM To: nooruddin64 @gmail.com Cc: Lane Gamiotea Subject: Rezoning Ordinance No. 1089 Laserfiche Documents.zip This notice is to officially advise you that the City Council at its regular meeting on September 4, 2012 held a Public Hearing and approved your Rezoning Petition No. 12- 001 -R, adopting City Ordinance No. 1089, rezoning Lots 3 -6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District. Attached in a zip file, is Ordinance No. 1089 for your records. Should you require additional information please do not hesitate to contact me. With best regards, I am Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863 - 763 -3372 ext. 215 863- 763 -1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 Melisa Jahner From: Melisa Jahner <mjahner @cityofokeechobee.com> Sent: Tuesday, September 18, 2012 11:48 AM To: Angie Jones; Celeste Smith Cc: Lane Gamiotea Subject: City of Okeechobee Rezoning Ordinance Laserfiche Docurnents.zip Attached in a zip file, please find a copy of Ordinance No. 1089, rezoning Lots 3 -6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District. Should you require additional information please do not hesitate to contact me. With best regards, I am Sincerely, Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863 - 763 -3372 ext. 215 863 - 763 -1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 Patty Burnette i2 -oo/- From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Wednesday, August 29, 2012 7:41 AM To: 'Lane Gamiotea'; 'Patty Burnette' Cc: rbrock @cityofokeechobee.com Subject: FW: no detox at the Heritage For your file From: City Council jmaiito :citycouncil(d)cityofokeechobee .core Sent: Friday, August 24, 2012 1:43 PM To: Clayton Williams; Devin Maxwell ; Dowling Watford; Mayor Kirk Cc: Brian Whitehall Subject: FW: no detox at the Heritage From: Janet Holder [mailto:janetiholder©gmail.com] Sent: Friday, August 24, 2012 1:39 PM To: citvcouncik cityofokeechobee.com Subject: no detox at the Heritage Dear Council Members, I am writing because of the proposal to add detox beds at the Heritage Assisted Living Facility. My grandmother currently lives there and I spend alot of time in the facility. I would like to propose that the council members spend some time with the residents at the facility and then make a determination whether or not to put recovering addicts in the home. Due to the limited mobility, dimentia and general vulnerability of the residents (mostly women over the age of 80), I strongly feel that detoxifying people would prey upon the residents. I moved my grandmother to the secure facility because of the people who tried to take advantage of her. We feel very fortunate to have found a home where she is well looked after and safe. If you move addicts into any part of the building, I will have to be forced to move my grandmother. It is not fair to her because it is a BIG DEAL to someone her age (90) to move. Please look out for our elderly citizens, I am a County voter but grandma lives in the City and will vote accordingly. Thank you Janet Holder i Patty Burnette From: Brian Whitehall < bhitehall @cityofokeechobee.com> Sent: Wednesday, August 29, 2012 7:42 AM To: Tatty Bumette' Cc: 'Lane Gamiotea'; rbrock @cityofokeechobee.com Subject: FW: Heritage For your file From: Dowling Watford [ mailto: dowiingwatfordftkeechobeeford .corn] Sent: Friday, August 24, 2012 2:13 PM To: janetlholder(a)gmail.com Cc: Brian Whitehall; Lane Gamiotea Subject: Heritage Thank you for your email concerning the Heritage. The decision facing the City Council is on the Zoning for the Heritage. The Special Exception for the drug rehab was approved by the Planning and Zoning Board and is not a decision we can go back and address. f know there is opposition to the drug rehab, but 1 am not sure that legally we can deny the zoning if their request meets all the requirements for re- zoning. We will have to listen to all issues at the public hearing and then vote accordingly. Thank you for your thoughts. Dowling Watford 1 Melisa Jahner From: Sent: To: Subject: Lane Gamiotea <Iamiotea @cityofokeechobee.com> Friday, August 24, 2012 3:49 PM Melisa Jahner FW: no detox at the Heritage Melisa, please print & file in both the 12 -001 -R rezoning file & 9/4/12 minute file, txs Lane From: Brian Whitehall fmailto:bwhitehall citvofokeechobee.coml Sent: Friday, August 24, 2012 2:51 PM To: 'Bill Brisson'; 'Jim LaRue' Cc: rbrock@cityofokeechobee.com; 'Lane Gamiotea' Subject: FW: no detox at the Heritage Fyi Councilman Watford's response — Thank you for your email concerning the Heritage. The decision facing the City Council is on the Zoning for the Heritage. The Special Exception for the drug rehab was approved by the Planning and Zoning Board and is not a decision we can go back and address. I know there is opposition to the drug rehab, but I am not sure that legally we can deny the zoning if their request meets all the requirements for re- zoning. We will have to listen to all issues at the public hearing and then vote accordingly. Thank you for your thoughts. Dowling Watford From: City Council fmailto: citycouncil@ cityofokeechobee.coml Sent: Friday, August 24, 2012 1:43 PM To: Clayton Williams; Devin Maxwell ; Dowling Watford; Mayor Kirk Cc: Brian Whitehall Subject: FW: no detox at the Heritage From: Janet Holder fmailto:janetlholder@gmail.com] Sent: Friday, August 24, 2012 1:39 PM To: citycouncik cityofokeechobee.com Subject: no detox at the Heritage Dear Council Members, I am writing because of the proposal to add detox beds at the Heritage Assisted Living Facility. My grandmother currently lives there and I spend alot of time in the facility. I would like to propose that the council members spend some time with the residents at the facility and then make a determination whether or not to put recovering addicts in the home. Due to the limited mobility, dimentia and general vulnerability of the residents (mostly women over the age of 80), I strongly feel that detoxifying people would prey upon the residents. I moved my grandmother to the secure facility because of the people who tried to take advantage of her. We feel very fortunate to have found a home where she is well looked after and safe. If you move addicts into any part of the building, I will have to be 1 forced to move my grandmother. It is not fair to her because it is a BIG DEAL to someone her age (90) to move. Please look out for our elderly citizens, I am a County voter but grandma lives in the City and will vote accordingly. Thank you Janet Holder 2 INDEPENDENT_ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared 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 in the matter of 4 .411 J. . r '. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund f r the purpose of securing this advertisem or publication in-the said newspaper. Tom Byrd Sworn to and subscribed before me this t _day of \A. AD Notary Public, State of Florida at Large s CLS- • ry4tnt ANGIE BRIDGES MY COMMISSION ;« EE 177653 0. Bonded Thru NotaApril blic Underwrtars w.+..a.ev •mow (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CRY ORDINANCE PLEASE TAKE NOTICE �tahaat the Council of the City of Okeechobee Florid; will on ter possible; at ( Hall, 55 SE 3rd A�lOkeechobee FL conduct a PUBLIC HEARING to consider final reading for adoption of t(se following Ordinance Into taw: No. 1089: AN ORDINANCE OF THE CRY OF OKEECHOBEE, FLORI AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE ILY. INCA =AIN TRACT OF LAND MORE 'PARTICULARLY BED (_y HEREEIISN,,RFROM COMMERCIAL PROFESSIONAL OFFICE DTS Ch�NIANMGEND THE ZONING MAP ACCORDING'.LY; PROVID- ING FOR CONIUCTS, SEVERABIWY AND AN EFFECTIVE DATE. The ordinance leregardIng Rezoning Petition No. 12.001 -R, submitted by Muhammad Noonlddin, on behalf of property owners, A.M,S.A. Holdings, LLC and E,AA.A.S. Moldings, LLC, to change the Zoning District, on approximate- ly 4442 acres, from co P m CLT for property located at 608 NE 2nd Avenue. l: ,LAW 34, MX* 78, Cty of Okeechobee as recorded In Plat Book 5 Page .5, Pubic llecozds of Okeechobee County, The proposed use is for G,rDup Home to operate an Assisted Living Facility with an Alcohol and/or ng Rehabilitation Center. Ail men oflbePubl are encouraged to attend and partldpate In said hem posed fiance may be Inspected In Its entirety by mem- bers. the. ib it the Office of the CRy Clerk during normal business hours, Monf 1 8:00 AM-4:30' PM, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meng. Accordingly, any person who may seek to appeal any decision involving the matters n- aked herein will be responsible for making a verbagovecord of the testimo- ny and evidence at said meeting upon which any appeal Is to be based. Please =tact City Administration at 863-763 -3372, or website to obtain a copy of the agenda. Lr accordance with the Americans with Disablllies Act (ADA) of 1990 per- sons mead n Itty spedal accommodation to partidpate In this proceeding should ysp contact the Clerks at 863-763-3372 for assistance. Lane Gamloteea, CMC, aty Clerk VIII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on adopting proposed Ordinance No. 1088 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A. 1. a) Motion to read by title only and set .September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089, regarding 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, to rezoning Lots 3 to 6 of Block 78, City of Okeechobee from CPO to CLT - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1089. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 8 OF 15 957 COUNCIL ACTION - DISCUSSION - VOTE For further clarification, the natural gas gate is located at Cemetery Road and U.S. Highway 441 North, The initial infrastructure will be along U.S. Highway 441 and State Road 70. The County is not permitted by State law to require a franchise agreement, they can only issue building permits. FPUC will also have to submit for Florida Department of Transportation permits and City building permits. VOTE KIRK - YEA WATFORD - No MAXWELL - YEA O'CONNOR -No WILLIAMS - YEA MOTION CARRIED. Mr. Kennedy thanked the City Staff for their assistance and introduced two FPUC employees who will be transferring to Okeechobee to begin establishing the system. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6 :58 P.M. Council Member Watford moved to read by title only and set September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089, regarding 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, to rezone Lots 3 to 6 of Block 78, City of Okeechobee from CPO to CLT; seconded by Council Member O'Connor. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1089 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." AGENDA IX. NEW BUSINESS CONTINUED. 2. a) Motion to approve the first reading of proposed Ordinance No. 1089. b) Discussion. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - REGULAR MEETING - PAGE 9 OF 15 COUNCIL ACTION - DISCUSSION - VOTE Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1088; seconded by Council Member Williams. LaRue Planning Services Senior Planner Mr. Bill Brisson addressed the Council and reviewed the Planning Staff report, which reflects the following findings: The proposed use is not contrary to the Comprehensive Plan requirements, the Future Land Use is Commercial. The proposed use being applied for is specifically authorized by Special Exception. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is an allowable Special Exception use in CLT. More so, the owner has specifically requested a combined use of an ALF and an Alcohol and /or Drug Rehabilitation Center. The center falls under the definition of a Group Home. This should not have an adverse effect on the public interest. It 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 existing 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 7t' 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. It has not been inordinately burdened by unnecessary restrictions. Planning Staff is recommending approval. The Planning Board is also recommending approval, by a 4 to 3 vote. The property owner submitted a Special Exception (Petition No. 12- 003 -SE) at the Planning Board /Board of Adjustments July 19 meeting. Approval is contingent upon the adoption of the rezoning. Council clarified that by State law, only the rezoning could be addressed, and whether the uses listed would be appropriate or not for the location. Special Exceptions are granted by the Board of Adjustments. Mr. Brisson was asked by Council Member Maxwell, what were all thdtypes of centers or facilities that could fall under the definition of a Group Home? Mr. Brisson read an extensive list. The question was asked whether a sex offender rehabilitation center would fall under the definition? Mr. Brisson responded, yes, in some instances. However, when a group home use is being applied for, the Board of Adjustment should specifically address it in the motion, as to what type of facility /center was approved, not just a general approval of all group homes. That is what they did in this situation, with added special conditions. Therefore, should the owner wish to change from a drug /alcohol rehabilitation center, they would have to apply for a new Special Exception. Attorney Cook noted he would need to review this information by the final hearing. AGENDA ViiI. NEW BUSINESS CONTINUED. A. 2. b) Discussion on approving the first reading of proposed Ordinance No. 1089. c) Vote on motion. B. Motion to adopt proposed Resolution No. 12 -07, revising and adopting Commerical Rates and Fees for Solid Waste Collection - City Attorney (Exhibit 4). C. Consider a request for approval of Welcome Sign Project and New Mural project - Cindy Birdashaw, Main Street (Exhibit 5). D. Motion to Award Grant Administration Service Bid No. RFP -ADM- 03-00-06-12, for the FY 2011 CDBG Economic Development Program - City Administrator (Exhibit 6). AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - REGULAR MEETING - PAGE 10 OF 15 259 COUNCIL ACTION - DISCUSSION - VOTE There were two members of the public who addressed the Council. Mr. Jim Vensel of 2002 South Parrott Avenue, whose mother -in -law, Mrs. Martha Conely, is currently a resident at the ALF, stated his opposition to the rezoning as it would allow the drug and alcohol rehabilitation center. He agreed the community needed a center of that nature but not in combination with an ALF. Ms. Karyne Brass, City Planning Board Member, noted she voted against the rezoning and special exception, and stated her concern for the approval. Dr. Khan, one of the property owners of the application defended his plan for the center. He offered that this center was going to be for upscale clients, from out of town, wanting their privacy. Remodeling would be done in order to keep two types of uses separate from each other. There would not be a common area, the center would have a discrete enclosed area with its own area and privacy. Mayor Kirk clarified, what is before us is the rezoning for first reading, it will be on the agenda at the next meeting. The Council can only consider whether the zoning is appropriate. Council Member Maxwell noted he was still concerned with the various types of centers that would fall under group home and needed legal counsel to confirm Mr. Brisson's interpretation that the motion of the type of group home is specific to only a drug and alcohol rehabilitation center. VOTE KIRK - YEA MAXWELL - No O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The motion to adopt proposed Resolution No. 12 -07, revising and adopting Commercial Rates and Fees for Solid Waste Collection was withdrawn from the agenda. The item to consider a request for approval of a Welcome Sign Project and New Mural Project was withdrawn from the agenda. Council Member Watford moved to Award the Grant Administration Services RFP No. ADM- 03- 00- 06 -12, to Nancy Philips and Associates, L.C., [in the amount of eighteen thousand dollars] for the Fiscal Year 2011 Community Development Block Grant Economic Development Program [Grant No. 12DB- OH- 07- 57- 02 -E08, Applebee's State Road 70 East, left turn lane]; seconded by Council Member O'Connor. The Request for Proposals were received until July 16, 2012. The ranking committee, consisting of Mayor Kirk, Administrator Whitehall, and Executive Secretary Robin Brock ranked the two firms. Nancy Philips receiving 92.8 points and Guardian Community Resource Management, Inc., receiving 86.8 points. Exhibit 3 Aug 21, 2012 ORDINANCE NO. 1089 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of the property owners, A.M.S.A. Holdings, LLC and E.A.A.A. S. Holdings, LLC, has heretofore filed Petition No. 12- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.642 acre(s) from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District, and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on July 19, 2012, and submitted by Planning Staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land consisting of approximately 0.642 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 3 TO 6 OF BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1089 Page 1 of 2 4 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 21st day of August, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4`!' day of September, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1089 Page 2 of 2 JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 6 AGENDA V. CONSIDER PETITIONS AND APPLICATIONS • Chairperson, 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 to -6 of Block 78 City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) (Exhibit 1). 1. Hear from Planning Staff. ACTION • DISCUSSION - VOTE Petition No. 12-001-R, was submitted by Mr. 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, to change the Zoning on Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT). 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 andlor 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 multifamily 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 2n0 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, AGENDA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. CD 2. Hear from the property owner or designee /agent, Petition No. 12 -001 -R to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from CPO to CLT continued. 3. Open Public Hearing for comment - Chairperson. 4. Close Public Hearing - Chairperson. 5. Board Discussion. 6. Consider motion for recommendation to City Council and vote. 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 2n0 Avenue, Legal: Lots 3 to 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). JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover yielded the floor to Mr. Nooruddin, who explained that the Alcohol and /or Drug Rehabilitation patients would be permitted on the first floor only. They would not be permitted to drive themselves to the facility and 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. 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. Chairperson Hoover closed the Public Hearing at 6:43 p.m. Chairperson Hoover asked whether there was any further discussion from the Board. There was none. 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 MORGAN- ABSENT RITTER -YEA BRASS - NAY KELLER - NAY BAUGHMAN - ABSENT MCCREARY NAY MCCOY - YEA MOTION CARRIED. Petition will be forwarded in Ordinance form for a Final Public Hearing on September 4, 2012 before City Council. Petition No. 12-003-SE, was submitted by Mr. 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, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a Group Home that would provide for a Alcohol and /or Drug Rehabilitation Center and ALF within a Light Commercial (CLT) Zoning district. (Ref. Sec. 90- 253(16)). Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: A.M. S.A. Holdings, LLC Petition No.: 12 -001 -R Planning & Management Services, Inc. 1374 Jackson Street. Suite 206 Port Myers, Florida 239 - 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Request Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12 -001 -R Owner/ Applicant: Applicant Address: Site Address: Contact Person: Applicant/Contact Phone Number: E -mail Address A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2nd Avenue Muhammad Nooruddin, Mgr of A.M.S.A 863 -610 -1404 Nooruddin64 @gmail.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial CPO Assisted Living Facility (ALF) 0.642 Proposed Commercial CLT Group Home & ALF 0.642 Legal Description ofSubject 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. Serving Florida Local Governments Since 19$ Staff Report Rezoning Request Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12 -001 -R CW North: East: South: West: Analysis Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use C • Ci1 .rc Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Association" Commercial and Single Family. CPO and RSF -1 Vacant and single - family home Commercial CHV "KST Construction" 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. o,R Serving Florida Local Gov mews Since 1938 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12 -OO1 -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 Horne, 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 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. SeninE Florida Local Governments Since 19138 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 problerns, 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 14 'uY Serving Florid Local Governments Since 1938 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 1E4E0A.P..0 COAST LINE :RA COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY • COMMERCIAL • INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving El utida r. :A. ,rninu s Since I 9to; 111 6 LE. 5 71-1 AVENUE Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Rezoning Request Petition No. 12 -001 -R ZONING UNINCORPORATED ▪ CBD - COMM BUSINESS DISTRICT • CHV - HEAVY COMMERCIAL CLT -LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H- HOLDING IND - INDUSTRIAL PUB- PUBLIC FACILITIES PUD -MIXED FUD-R RMF - RESIDENTIAL MULTIPLE FAMILY' RMH - RESIDENTIAL MOBILE_ HOME RSFI - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTLAL SINGLE FAMILY (2) ZONING SUBJECT SITE AND ENVIRONS Serving Florida Local Governments since inns Staff Report Rezoning Request Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 12 -001 -R SUBJECT SITE AND ENVIRONS e ce Repair & Sates KST onstru e? on vin}; Florida Local (;overnn:en[s Since I98R General Services Department oecta om 10 2903 53-33 72 ext. 218 1686 Fee Paid: 850to r 3-4 .1 Jurisdiction: j 1St Hearing: 7 iq --(a, 2' Hearing: e...,, -E e q_4, f: Publication Dates: ,r .t ! ra _ ..,; 1'._. t,r : %,... Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): (Ain,,,, jl 14` i f( ,,,A •C...Z. (;:�`v A i} { i 5 /.lprr ((r:„, `< L..�. c 2 L Owner mailing address: r.,1 ' 1,3t,y q t is i< 8_:-.,,,,i,;-)2, .. . 796 o Si4 -e,`' .0t.W(: A1: %}Se-f-; ft? 3 Name of applicant(s) if other than owner ill vttr };rrt•rvri) ,'v' ,i:.,./2.,,,:, ae„ 4,v 11,6714 o f= 4 114:'554. ..) y t-i t p p,'e c /,1,s;,3,e.F,.. 4 Applicant mailing address: 2. fir, 4a e -mail address: ,J91,-. /l-' ?c', r?} !,0\1 ‘ 'f " ' '.•/ c.:L :•i, C.'- -rr-- 5 Name of contact person (state relationship): /�f)uti.- /- ,.yfiyr,1-p) . /1, }C10/ ',.{ D b f P),,, /1 /i y , Contact person daytime phone(s): �"?C ` -- ;, /6?- Plc c c_/ PROPERTY INFORMATION Property address/directions to property: , ' 9 ac J 0/ e h.vh (g• if s. -- 3(9`i7)- 6 8 Describe current use of property: e,7 0 , , , , , / s,; .Fdr , C al )�jr rtte, 3? �pe X Pc $ri Ste. 41 Ly e ./-.4 (;:t,,,, l 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Dive. Two Sin :Air i fetrli 4-s5i5 4` JP /401 te- `c: / Brzdj. 0 u6- Source of potable water: �;.,t•or,,,,.,", Method of sewage disposal: 6'e,.;il&5e . 10 Approx. acreage: /► . 6 LiA Is property in a platted subdivision? yes, 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: N v N-e. . • 12 Is a pending sale of the property subject to this application being granted? ,T)..2 .- 13 Describe uses on adjoining property to the North: of¢tas<fnr i59 LW- (3441 -IS f- North: Auk 124'4,4 Q4,61), e-.+4- . • �ntit"'C1-0 �' East: 16u.�. '`e1-7-1)4) . South: U-ii-ccem t id- (:C.Pt) A--,,A t i- 15.411e b lvf West: e.. N V, Lc" S.1- /k 14 Existing zoning: (2,..0 U 'Future Land Use classification 15 Have there been any prior rezoning, property? ( ) No (Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. �5�. E)( og1G //, - c- 0 -2-00 q — 16 ' / Request is for: (t /, Rezone ( V) Special Exception (_) Variance 17 Parcel Identification Number: t? _ / 5-_,_ 7- 3 _ O / e 0 0 0 7 &'U . 69 °5 C� (Rev 01/12) Pc l 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 ii) 11141117-1a) fl Po clLcz.Ah/ri Date 1 V(-2--- For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) REQUIRED ATTACHMENTS A 1 8 Applicants statement o,-f(p interest � %inj property £-s -s.c �`u 3 ,a... <:�c4 h'r .. `= i. & t,� 1-, ;Gk .. ) 1..). C filt`i,, L / 4, Vi��� rr�� 7 ,-t(-1(', IlE..` ..t' /:,i I + Fjt ri' ') (lc e.( ,.it ..-., 1L: ! 3 -.'t, 1-Urf �i i.- 5,.. tw�a Y?y) ',-j -i c i `t.-.i '1 V , - }x' G L. a( e= }! eC /.) , c§ . /iv ' .-) , ;,,, l 1 /141;1/Lc: 19 Non- refundable application fee: Rezoning: $850 plus $30 /acre; Special Exce tion: $500 plus $30 /acre; Variance: $500 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 1'' , -I10 ,, `` ' (' , 21 Notarized letter of consent from property owner (if applicant is different from property owner) (Three property surveys (one no larger than 11§ x 170 containing: a. certified boundary survey, date of survey, surveyors name, address and phone number 1? : , < ' vb. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre; D : _ 23 List of surrounding property owners with addresses and location sketch of the subject property. See the information Request Form from the Okeechobee Property Appraisers 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 $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature ' Printed Name ii) 11141117-1a) fl Po clLcz.Ah/ri Date 1 V(-2--- For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: I. The proposed rezoning is not contrary to Comprehensive Plan requirements. 19-l(v - N1 + s Gv 64-4' 4,0 ; #-) mfareh ,v.) %t4 nl l p l S tv; thin/ C-C1Yll t t(e: . 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. `I-yLU. Sys i.s t 2.12- iv t 3 vAic-et `cp 0 ),7e dn-e-- -e.oce al) hifr /)ss)`xta l L-% vl u /r 1 . . 3. The proposed use will not have an adverse effect on the public inter st. �$ cvwvr� ytgC,�,f sf��? f� 1,10- rr✓i I i e- to -8 /3A, Z,r //zs} //1 fry btr.fox .� if x fte4 went hevl Poi e-r-c r vy-+ r err a .v .:1/471.4- i Ga/ 'i' 3 —'t /7v aloe siNcG ft4r -e Al/e2 9 ,,/ett "AA&ea- 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. , W242-1,1k 3b 88;11411 it s lry, , Ts Rake/ Covite eu GPO . nil COM'nG4(, o you ktv. /fi-c rov t itrth WS i � tic d�lld G7 "„w�' eevkto -' ( t1'i" ' ---) 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. 7kt i7 s 4 -,r . 1 o G J - /.a' ,4c $li/ �/ l �.60t yAa •& s; 4/ .6 ss (Rev. 04/11) 11,3 A ITIQNA.L 11:1 OI tA'TIQN RI QU1 1W 1'OR r� REZONING A Current zoning classification: -1 r 0 Requested zoning classification Li 9hii- (2,Ty k.) 141 a ie m, `i L Describe the desired permitted use and intended nature of activities and development of the property. L 7,J } ry ¢�' ,y Sri., �` 9 �r 'PAL-, �Y iV1� eV 1 -9-, YA-n t /! , 4 Al R 4, fr .e,. %i% ! 7 i f .1�) 4i�Y 44 LN . / t f Ai t t mac. 'ex 1`s T;`,.1. f' trs .i 1( i -'GJY' 4). r /( de t.-i f. - , ;Z,v'77. it ' !'U6�a y .k ttt ' k3.�.. L % -, {' f!/ C Is a Special Exception necessary for your intended use? (_ ) No (_) Yes if yes, briefly describe: ,,,,177 47v) r; 5,,.d: f .4-e to f-/t79.*Izt v:/DX, "I1,.ea lxk -( r' 2.r:: kt_i' j/t s` -mc,„ 01/14-t(/ 01 7')Y Ai4L,ii,),,/ f%1 7%�a'i D is a Variance necessary for your intended use? No ( ) Yes If yes, briefly describe: E 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 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. 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: I. The proposed rezoning is not contrary to Comprehensive Plan requirements. 19-l(v - N1 + s Gv 64-4' 4,0 ; #-) mfareh ,v.) %t4 nl l p l S tv; thin/ C-C1Yll t t(e: . 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. `I-yLU. Sys i.s t 2.12- iv t 3 vAic-et `cp 0 ),7e dn-e-- -e.oce al) hifr /)ss)`xta l L-% vl u /r 1 . . 3. The proposed use will not have an adverse effect on the public inter st. �$ cvwvr� ytgC,�,f sf��? f� 1,10- rr✓i I i e- to -8 /3A, Z,r //zs} //1 fry btr.fox .� if x fte4 went hevl Poi e-r-c r vy-+ r err a .v .:1/471.4- i Ga/ 'i' 3 —'t /7v aloe siNcG ft4r -e Al/e2 9 ,,/ett "AA&ea- 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. , W242-1,1k 3b 88;11411 it s lry, , Ts Rake/ Covite eu GPO . nil COM'nG4(, o you ktv. /fi-c rov t itrth WS i � tic d�lld G7 "„w�' eevkto -' ( t1'i" ' ---) 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. 7kt i7 s 4 -,r . 1 o G J - /.a' ,4c $li/ �/ l �.60t yAa •& s; 4/ .6 ss (Rev. 04/11) 11,3 Finding's r S i :`t s pc �# €el n '"Cj ti s (! n. } � u ; .., :s1" ai.,.�s s�`:' �. $ ,�, ::J:. �,. 1��� i �1 e��= T Tf a .��;;�iAi9 «" � a,. ���:,, 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. fi sy�)yr' 4 e. G.e..�! j� £i ei d.. -el em.) IT 1/4 l/ yn ER a`s✓fi • 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. ! �-,� � ) `S = t, ,t >- ij 1-41,e;'-. ) , i »c' tt ",1/7 42161'.a. 040-1-e--„ /771--- v -i. G'.` 14' z,-�,e.i�)L "Yi 0..‘.: SJ�r"d.i Gri f ,l; ��Y","F,,;, , ('`, f. f;';% (`t-t - A''''''1';'''''' tail' j ,i v 43441/DI-5.64.44 „ ' 'i -si. r z% 8. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or _ s hazard to the neighborhood J r,j 1 /rr s!�Lv�y ,1'`vb'44'� h�'' ; t -4 1/toi ,ki, L / N c- -1,L-d re./“ ii -O.y9 .iYZ1) e''. . 't:' ' [ v ' ,i'1 . /�'` i' g`iC4> �'a"✓'i 7 <" 'l '..w • ,� i• _ .( V'- \ rx)/ai.) _s_xi3f- -'V h44.i).-t- -4. 77'f.:Y.'"11.f 'i,�.�� �1� .l�t�'� tea � - ,:- � � -�'� /I � ,wry �y�.s;�.c= sa a� - r v ,� ' W i I ' %r}- %W rl f`171 ill 1.1` rn, df n,i� i, Pivic9rz rye. -y( !!"'v 114-1-; e -- k tni F i ( 6 41',1)/144 9. The prg osed use will not create a density pattern that would overburden public facilities such as schools, streets, and /� utility services i'hi . d C( +?s sue/ j ,2_ ?h... eX". S h�`� kr- 7�-v1.e4_f �'t.. -i-S t i,ve %Z�:/" t) _. zoo 1 W II/ 1A- fr 51 -he.- .4c-1414-4- 14.17 1 147' 6-e n-gyp►- 10. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safe AA Ire,"hy.,4 .l /0-i9- }-vry , /7. VI, i': / I' )40( • -77-14,_ poy, ,4e_ tzwne 11. The proposed use-has not been Inordinately burdened by unnecessary restrictions. 411,0514 i p , y.I,Ce_. F1.0 -4,vr- - 9v I.8..1-1 /J,-p L 44vr for � - ee-n.. e.- /' 1', . K rz' an 10 1-i X Pr nf e-j,{rov61 /9Z -a ik-{ A6;atard --/..'111 / 4 y i. r� -rays e The City staff.will, in.i'he Staff Report, address the request and evaluate it and the Applicant's subm ?s i n '�L '`` light of the above criteria and offer a recommendation for approval or denial. (Rev. 04/11) 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 f 'C t • 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 1 Li day of Signature of Applicant fYlulf3tenin46 /O P V i,j Name of Applicant (printed or typed) State of Florida County of Okeechobee Date .6//V)Id. Sworn to and subscribed before me this ski day of 'Z 1 ,t . Personally known to me v' or produced as identification and did not take an oath. Tau/ rn. Ck.unn.fta. Notary Public, State of Florida (Rev. 04/11) Seal: r r Notary Public State of Florida Patty M 6umetta or s�o Expires mis on 0D8279$2 2/2012 P.5 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 I 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 I 349730000 3- 15- 37 -35- 0010 -00570 -0180 HAYDON ELLIS R & RITA 2448 NE 80TH AVENUE OKEECHOBEE 1FL j 349728100 3- 15- 37- 35- 0010 -00770 -0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBE -E FL ! 34972 3- 15- 37 -35- 0010 - 00770 -0030 4 GIRLS ENTERPRISES INC 701 NE 3RD ST OKEECHOBEE FL i 34972 3- 15 -37 -35 -0010- 00770 -0060 BIG LAKE EYE CARE LLC 1540 SE 40TH AVENUE OKEECHOBEE FL 1349740000 3- 15 -37 -35 -0010- 00770 -0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTT AVENUE OKEECHOBEE FL ! 34972 3- 15 -37 -35 -0010- 00780 -0010 BIG LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE FL 1349731203 3- 15- 37- 35- 0010 - 00780 -0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST ' OKEECHOBEE FL 34972 3- 15- 37 -35- 0010- 00780 -0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL 1 34974 3- 15- 37 -35- 0010 - 00780 -0110 PARKER ROBERT C SR & JOANNA 209 NE 6TH ST OKEECHOBEE ' FL . 3- 15- 37 -35- 0010 - 00790 -0030 COYLE WILLIAM D 306 NE 7TH ST OKEECHOBEE +FL ; FL 349740000 3- 15- 37 -35- 0010 -00790 -0050 ROWLETT JOSEPH PO BOX 1903 OKEECHOBEE 1349731903 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 OKEECHOBEE 1 FL 1FL 1349720000 3- 15- 37 -35- 0010 -00880 -0060 MITCHELL RONALD & GIANINNA 8800 NW 160TH STREET OKEECHOBEE I 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 i FL 1349722605 3- 15- 37 -35- 0010 - 00890 -0060 MADRIGAL ANSELMO & MARYANN 1788 SW 8TH STREET OKEECHOBEE FL STUART FL 34974 3- 15- 37 -35- 0010 - 00900 -0010 SEACOAST NATIONAL BANK 815 COLORADO AVE I 34994 0Ww 0 -6 0 -4 m rT --m5mo CD2 mo N0O0o0 1mo m<mo mi° Z n o C 0 m 3- 15 -37 -35 -0010- 00780 -0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE FL34972 • I 3- 15- 37 -35- 0010 -00780 -0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 3- 15- 37 -35- 0010- 00780 -0110 PARKER ROBERT C SR & JOANN 209NE 6TH ST OKEECHOBEE FL349720000 A 3- 15 -37 -35 -0010- 00770 -0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL34972 0 rn a aFP, 0 m062in �omG)yo ArC.r c) g o 0 -v 0 3-15 -37-35 -0010 -00780 - 0010' G LAKE BAPTIST ASSOCIATION PO BOX 1203 OKEECHOBEE FL349731203 -d C NE 3RD AVE --3 IS H1L 3N NE 2ND AVE 3- 15- 37 -35- 0010- 00560 -0160 LOWE JOHN MARCUS •& CONSTANCE W PO BOX 296 OKEECHOBEE FL349730000 Veh ^ct e_ (Co r oae.) C V Z w n m O 0 fox — 0 �O=°°o m 0 y 0 mcmo �ao z z O .001 NIHlIM z Time Line of Petitions for Lots 3 to 6 of Block 78 City of Okeechobee Subdivision April 19, 2007 - Planning Board postpones offering a recommendation on Petition No. 07- 006 -SSA, amending the Future Land Use classification from Single Family to Commercial and No. 07 -004 -R rezoning from RSF -1 to CPO. The applicant, Mr. Nooruddin requested the postponement to decide whether he wanted to amend his petition from building a medical office to an assisted living facility. May 17, 2007 - Planning Board recommends approval of both petitions. Applicant did not make any changes to the petition & application, leaves as submitted. June 5, 2007 - City Council adopts Ordinance No. 982, amending the FLU map from SF to C and approved the first reading of Ordinance No. 986/07 -00 -R for the rezoning application. July 3, 2007 - City Council adopt Ordinance No. 986/07 -00 -R rezoning the property from RSF -1 to CPO. October 23, 2008 - Board of Adjustment approves Special Exception Petition No. 08- 011-SE, to allow an Assisted Living Facility within a CPO zoning district. There were no conditions placed on the Special Exception. Melisa Jahner From: Melisa Jahner <mjahner @cityofokeechobee.com> Sent: Wednesday, August 15, 2012 10:24 AM To: nooruddin64 @gmail.com Subject: Rezoning Petition 12 -001 -R Muhammad, Please be advised that the City Council will conduct a First Reading for your Rezoning Petition No. 12- 001 -R, on Tuesday, August 21, 2012, 5:00 p.m. The Final Public Hearing is scheduled for Tuesday, September 4, 2012, 6:00 p.m. Enclosed herewith please find a copy of proposed Ordinances No.1089. I ask that you review the document thoroughly and call me with any questions you may have. A final signed copy will be forwarded to you after the adoption process. A copy of the agenda will be available upon request the Monday before each meeting. If you or a representative cannot attend these hearings please contact my office. Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863 - 763 -3372 ext. 215 863 - 763 -1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 Patty Burnette To: nooruddin64 @gmail.com Cc: mjahner @cityofokeechobee.com Subject: 12 -001 -R Attachments: PB Minutes 071912.pdf Dear Mr. Nooruddin: This letter is to officially advise you that the Planning Board at its regular meeting on July 19, 2012, recommended approval to the City Council, for Rezoning Petition No. 12- 001 -R, to change the Zoning on Lots 3 -6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT). The Petition will be forwarded to the City Council for first reading on August 21, 2012 and Final Public Hearing on September 4, 2012. The City Clerk's office will forward a copy of the agendas and reminders of the meetings. Attached herewith please find a copy of the July 19, 2012 Planning Board /Board of Adjustment and Appeals minutes for your records. Should you require additional information please do not hesitate to contact me. Sincerely, PCi±b3 M. B.t. itr ate_ Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 Tel: 863 - 763 -3372 ext 218 Fax: 863 - 763 -1686 pburnette @cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. c via mail: Shahnaz Nooruddin, Agent, A.M.S.A. Holdings, LLC Arif Shakoor, Agent, E.A.A.A.S. Holdings, LLC 1 V. CONSIDER PETITIONS AND APPLICATIONS - Chairperson. 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 2ntl Avenue, to change the Zoning 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. JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 6 ACTION - DISCUSSION - VOTE Petition No. 12- 001 -R, was submitted by Mr. 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 2"d Avenue, to change the Zoning on Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT). 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 Horne, 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 andior Drug Rehabilitation Center on the first floor, This fats 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' 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. AGENDA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. 2. Hear from the property owner or designee /agent, Petition No. 12 -001 -R to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from CPO to CLT continued. 3. Open Public Hearing for comment - Chairperson. 4. Close Public Hearing - Chairperson. 5. Board Discussion. 6. Consider motion for recommendation to City Council and vote. 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 2nd Avenue, Legal: Lots 3 to 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). JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover yielded the floor to Mr. Nooruddin, who explained that the Alcohol and /or Drug Rehabilitation patients would be permitted on the first floor only. They would not be permitted to drive themselves to the facility and 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. 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. Chairperson Hoover closed the Public Hearing at 6:43 p.m. Chairperson Hoover asked whether there was any further discussion from the Board. There was none. 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 MORGAN - ABSENT BURROUGHS -YEA RITTER - YEA BRASS - NAY KELLER - NAY BAUGHMAN - ABSENT MCCREARY - NAY MCCOY - YEA MOTION CARRIED. Petition will be forwarded in Ordinance form for a Final Public Hearing on September 4, 2012 before City Council, Petition No. 12- 003 -SE, was submitted by Mr. 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, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a Group Home that would provide for a Alcohol and /or Drug Rehabilitation Center and ALF within a Light Commercial (CLT) Zoning district. (Ref. Sec. 90- 253(16)). DEPENDENT NEWSPAPERS OKEECHOBEE NEWS ltllS NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite ll, Okeechobee, FL 34974 J 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, tha�t the ,attached copy of advertisement being a ,CL,Jti-e '--G in the matter of 7 1,, </C( � in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of //, cqO /D- Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post` office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- 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 • - . ublication in the said newspaper. Tom Byrd worn to and subscribed before me this 1C day of Notary Public, State of Florida at Large .4 ,� ANGLE BRIDGES k: :r. MY COMMISSION # EE 177653 v3n� EXPIRES: April 20, 2016 -14r Banded Thru Notary Public Underwriters (863) 763-3134 July 9, 2012 Mr. Muhammad Nooruddin PO Box 448 Okeechobee, FL 34973 Dear Mr. Nooruddin: CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 VIA E -MAIL nooruddin64(c�gmail.com 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, Pakij M. awl.rul 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 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: A. M. S.A. Holdings, LLC Petition No.: 12 -001 -R 1 lanning Management Services, Inc. 13 ?i 1•rckxuu Street Suite "_{Hi Purt 3ia °rrs, noridx 239 334-3366 Servin.z I'Ioricla Local Governments Since 1988 Staff Report Rezoning Request Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12 -001 -R General Information Owner/ Applicant: Applicant Address: Site Address: Contact Person: Applicant/Contact Phone Number: E -mail Address A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2nd Avenue Muhammad Nooruddin, Mgr of A.M.S.A 863 - 610 -1404 Nooruddin64 @gmail.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial CPO Assisted Living Facility (ALF) 0.642 Proposed Commercial CLT Group Home & ALF 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. c1r 1 u . i t. vernnnen[s Since ti)$ 1 Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Industrial IND Vehicle sales, repair and open storage Zoning District: Existing Land Use: East: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land Use: "Big Lake Baptist Association" South: Future Land Use Map Classification: Zoning District: Existing Land Use Commercial and Single Family CPO and RSF -1 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. Serving Florida Loci nine nIs Since 198 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 Svi• ing Fl■■ I.U. /I �;�.�1- r'f<<>.!rrat% i• 0)4, 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. Serving Fiorida 1.(K 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 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12 -001 -R Rezoning Request FUTURE LAND USE SUBJECT SITE AND ENVIRONS SEABOARD COAST LINE RAILROAD IC N.E. 7TH STREE" Subject Property H.E 6TH STREET mnm w z N.E. TH STREET COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY III COMMERCIAL ® INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE ',crying Florida Local Governments Since 1988 N.E. 4 TH STREET 6 Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 12 -001 -R Rezoning Request ZONING UNINCORPORA -ED CBD - COMM BUSINESS DISTRICT CHV - HEAVY COMMERCIAL CLT - UGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFIC / H - HOLDING ;ND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD -R RMF - RESIDENTIAL MULTIPLE FAMIL, RMH - RESIDENTIAL MOBILE HOME RSF1 - RESIDENTIAL SINGLE FAMILY F 2=2 - RESIDENTIAL 2 NGLE FAMILY (2) ZONING SUBJECT SITE AND ENVIRONS Subject Property Serving Florida Local Governments Since J98H Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R SUBJECT SITE AND ENVIRONS Serving Florida Lcxal Governmemr Since 1988 Memorandum To: Patty Burnette From: Bill Brisson Date: June 7, 2012 Subject: Zoning opinion re: Alcohol and /or drug rehabilitation center The issue: We have been asked to determine in what, if any, zoning district may an alcohol and/or drug rehabilitation center be located. Specifically, Dr. Muhammad Nooruddin is interested in operating such a facility at his Assisted Living Facility (ALF) located at 608 NE 2nd Avenue. Background: Having spoken with D. Nooruddin it is our understanding that he is interested in converting at least the lower floor of his Assisted Living Facility (ALF) located at 608 NE 2nd Avenue to an alcohol and drug rehabilitation center. For the present, he is interested in perhaps six to eight of the 32 beds in the facility being used in this manner. He may wish to reserve the right to expand the rehab center use to the entire facility (all 32 beds) in the future. He envisions his clients primarily coming from area outside of the City to stay at the rehab center, usually for period of one to two weeks, with four weeks being the longest period of residence. Because these clients are coming to resolve problems with alcohol and/or drugs, they will not likely be driving themselves to the facility, but will most likely be dropped off and picked up by friends or relatives. The rehab process precludes the clients from leaving the premises during the period of their stay. The operation of a drug and/or alcohol rehabilitation center requires licensing by the Florida Agency for Health Care Administration. Prior to obtaining this license, the applicant must show that the premises is adequately zoned for such a use. The property is located in the CPO District, which allows for an ALF as a special exception. However, we do not believe the rehabilitation facility qualifies under the definition for an ALF. Neither the CPO District, nor any other zoning district in the City lists alcohol or drug rehabilitation centers as a permitted or special exception use. Providing Planning and Management Solutions for Local Governments Since 1988 T-77 01,1 Under what, if any, category of use would an alcohol and /or drug rehabilitation center qualify? It appears to us that the definition for a Group Home can be interpreted to include provision for such an activity. The Definition for a group home in the LDC reads as follows: "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 residen- tial 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." The following information indicates to us that an alcohol and/or drug rehabilitation center qualifies under the above definition. U.S. Department of Labor Standard Industrial Classification Manual SIC 8361 Residential Care This category includes establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on ability for self -care, but where medical care is not a major element. The following types of establishments are included in this SIC category. This SIC code includes group homes and other uses we believe directly relate to the types of facilities referred to in the definition of group home in the LDC. Alcohol rehabilitation centers and drug rehabilitation centers are specifically included in the following list of establishments within SIC 8361:. 5e -n 111 11,111;1: lCr ICo Ul 11111rV, •ro: <, Alcoholism rehabilitation centers, residential: with health care incidental • Boys' towns • Children's boarding homes • Children's homes • Children's villages • Drug rehabilitation centers, residential: with health care incidental • Group foster homes • Halfway group homes for persons with social or personal problems • Halfway homes for delinquents and offenders • Homes for children, with health care incidental • Homes for destitute men and women • Homes for the aged, with health care incidental • Homes for the deaf or blind, with health care incidental • Homes for the emotionally disturbed, with health care incidental • Homes for the mentally handicapped, with health care incidental • Homes for the physically handicapped, with health care incidental • Juvenile correctional homes • Old soldiers' homes • Orphanages • Rehabilitation centers, residential: with health care incidental • Rest homes, with health care incidental • Self -help group homes for persons with social or personal problems • Training schools for delinquents Conclusion and Recommendation The CPO District does not provide for the location of a group home. However, both group homes and assisted living facilities are allowable as special exception uses in the CLT and RMF zoning districts, Since this property already carries a Commercial Future Land Use designation, an application to rezone the property to CLT would be the most straight- forward approach. It would also be necessary for a special exception for a group home that would provide for part re alb center and part ALF. In order to preserve the right to expand the rehab-center use to the entire building, the application for special exception should also include a provision for such an eventuality. Should you have any questions, please call. Bill ,,,f11115., 1= 1.1101 1 rt. .11 r• I'4N; CITY OF OKEECHOBEE, FLORIDA tz 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763-3372 20 Dollars CLERK