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2013-02-21
412 CITY OF OKEECHOBEE PLANNING BOARD FEBRUARY 21, 2013 SUMMARY OF BOARD ACTION AGENDA I. CALL TO ORDER - Chairperson. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Kenneth Keller Board Member Douglas McCoy Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member Les McCreary Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty M. Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the January 17, 2013, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 9 ACTION - DISCUSSION - VOTE Chairperson Hoover called the February 21, 2013 meeting to order at 6:02 p.m. Board Secretary Burnette called the roll: Present Present Present Absent (with consent) Present Present (left meeting at 7:27 p.m.) Present Present Present (moved to voting position) Present Present Present Board Member Burroughs moved to dispense with the reading and approve the Summary of Board Action for the January 17, 2013, Regular Meeting; seconded by Board Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - ABSENT KELLER - YEA MCCOY - YEA RITTER - YEA CREASMAN - NIA MCCREARY - YEA MOTION CARRIED. Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. V. OPEN PUBLIC HEARING (QUASI - JUDICIAL) - Chairperson. A. Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District (Ref. Sec. 90 -253 (16)) and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17) for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue. The applicant is also requesting the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility (Exhibit 1). 1. Hear from Planning Staff, 2. Hear from the property owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 2 OF 9 41 3 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE QUASI - JUDICIAL PUBLIC HEARING AT 6 :04 P.M. Petition No. 13-001-SE, was submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 Northeast 2 °a Avenue, to allow a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial (CLT) Zoning District and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17). Chairperson Hoover yielded the floor to Planning Consultant Brisson who explained that the petition was for a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy operating in the same facility as the existing Assisted Living Facility. The two uses would be separately run while possibly sharing dining facilities. A State license is required for this type of Group Home and while there is currently a moratorium on this type of use, the State requires approval from the City beforehand. The applicant is aware that he may need to reapply should the use fail to exist or fail to be used for a continuous period of 180 days as per Code Section 70 -373 (f). The applicant is also requesting the Board rescind a previously approved Special Exception No. 12- 003 -SE for a Group Home in the form of a residential drug /alcohol rehabilitation facility. The applicant, Dr. Muhammad Nooruddin was present. Board Member Ritter asked what the definition of occupational therapy was. Dr. Nooruddin explained that it relates more to the upper extremities such as your arms and hands. It is used to teach patients how to dress themselves without assistance like when someone has a stroke. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. She read into the record an email received by Secretary Burnette from Board Member Brass, as follows: "Good Afternoon Patty, as 171 likely be unable to make it to our meeting on Thursday night, I'd simply like to state for the record how pleased (and relieved) I am that the property owners in the above -cited petition have opted to request recission of their recent special exception approval fora drug and akohol rehabilitation operation within their assisted living facility. This application fora new special exception to allow provision of inpatient physical and occupational rehab and therapy instead is a very positive change and would certainly receive my vote of support, barring any caveats unknown to me at this time. Not only do 1 personally find this (continued) AGENDA V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. A. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 13- 001 -SE continued. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 3 OF 9 ACTION - DISCUSSION - VOTE new proposed business plan far more feasible, 1 believe it will garner support from both Okeechobee's residents and medical providers alike. If approved, I wish the owners great success in their expanded endeavors at The Heritage Assisted Living facility." Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. Member Burroughs disclosed he met with the applicant a couple of months ago and they discussed this new endeavor. Planning Staff's findings are as follows: The use is not contrary to the Comprehensive Plan as it is designated Commercial on the Future Land Use Map and is not contrary to any provision in the Comprehensive Plan. The use is authorized as a Special Exception in the Light Commercial Zoning District per Section 90- 253(16). A short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy qualifies as an allowable special exception use under the definition of Group Home. The use will not have an adverse effect on the public interest as it will not significantly differ from those associated with the current use of the building. The use is appropriate for the proposed location as most existing uses are commercial, and reasonably compatible with the adjacent uses. It is not detrimental to urbanizing land use patterns as this area is within the proposed Transitional Commercial Overlay. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. No additional landscaping or screening is necessary to buffer the use from adjacent uses as the building and grounds are already suitably buffered from adjacent properties to the South, Southeast and East by walls and to the North, Northwest and West by public roads. The use will not create a density pattern that will overburden public facilities as there will be no increase in the number of beds in the facility and any increase in intensity would be minimal. The use will not create traffic congestion nor will traffic safety be compromised by location of the short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within the building. Drainage will remain essentially the same as previous since there is no physical change to the structure. Board Member Burroughs moved to approve Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception No. 08- 011 -SE for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 Northeast 2nd Avenue with the following conditions as recommended by Planning Staff: That the approval of Special Exception No. 12- 003 -SE on July 19, 2012 for a group home operating as a drug and alcohol rehabilitation (detox) facility at 608 Northeast 2"d Avenue is rescinded concurrent with the approval of this request (Special Exception 13-001 - SE) and the operation of the rehabilitation center must not commence until such time as the City Clerk is provided 1 1 AGENDA V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. A. 5. a) Consideration of a motion to approve or deny Petition No. 13-001 - SE. b) Board discussion. c) Vote on motion. B. Petition No. 13- 002 -SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (5)) and located at 108 SE 5th Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, Pg 4, Okeechobee County public records, containing approximately 0.46 acres (Exhibit 2). 1. Hear from Planning Staff. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 4 OF 9 4 15 ACTION - DISCUSSION - VOTE a copy of the license issued by the State to operate said facility; seconded by Board Member McCreary. Chairperson Hoover asked whether there was any further discussion. The Board discussed the non -use clause which affects Special Exception petitions by causing them to be invalid when the use is not implemented within 180 days after approved. The applicant is fully aware of the situation. VOTE HOOVER - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - ABSENT KELLER - YEA MCCOY - YEA RITTER - YEA CREASMAN - N/A MCCREARY - YEA MOTION CARRIED. Petition No. 13- 002 -SE, was submitted by property owner, Kenneth R. Splete for a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres and located at 108 Southeast 5th Avenue, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District. Chairperson Hoover yielded the floor to Planner Brisson who explained that the petition was for a building trades contractor's office with outdoor storage on a lot of about 20,000 square feet. The property previously had been a used vehicle sales lot. The property is located within the proposed Commercial Corridor and the site is appropriate for the use. Except for the shed located in the Northwest corner, all the structures were built on the site in 2001. The shed was built in 1990 and has a nonconforming rear setback. The parking of the tool trailers in the carports and use of the storage shed for tool storage are compatible with the surrounding uses. The business will operate in the building that was previously used as the business office associated with the sale of used cars. Minimal people are expected to visit the office. The only difference in the proposed use of the property from the previous use is the parking of the tool trailers in the carport rather than parking or display of cars. No additional landscaping or screening is necessary assuming there will be no outdoor storage of construction vehicles or materials. Parking is sufficient and poses no problems. 416 AGENDA V. PUBLIC HEARING (QUASI - JUDICIAL) CONTINUED. B. 2. Hear from the property owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 5 OF 9 ACTION - DISCUSSION - VOTE Ms. Jean Hartman, Office Manager for Bowline Construction, who will be leasing the property from Mr. Splete, was present and addressed the Board by explaining there would be no heavy equipment stored on the property, for the most part, the tool trailers would stay at the job sites, and approximately two or three vehicles would be on the property during office hours. Mr. Splete asked that she convey that they would be planting hedges along the chain Zink fence, as well as plants and flowers around the construction trailer for beautification, assessing at least three of the security lights, and should the Special Exception be granted, they intended to eventually close in the sheds to park the tool trailers to hide them from public view. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There were none. Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as it is designated Commercial on the Future Land Map and envisions a wide variety of Commercial uses under which a building trades contractor falls. The use is authorized as a Special Exception in the Heavy Commercial Zoning District per Section 90- 283 (5). The use will not have an adverse effect on the public interest as it will not significantly differ from those associated with the former use of the property. The use is appropriate for the location as the property is located within the proposed Commercial Corridor. Assuming there is no outdoor storage of construction vehicles or construction materials, the use will be reasonably compatible with the nearby church, Igiesia Encuentro Con Dios de A/G Inc., the American Legion, and surrounding restaurant uses. The use is not detrimental to urbanizing land use patterns as the requested Special Exception is compatible in this area. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. Less vehicular traffic should . be attracted with this use as compared to the former approved auto sales lot. No additional landscaping or screening is necessary to buffer the use from adjacent uses assuming there will be no outdoor storage of construction vehicles or materials. Density is not an issue with a commercial use and no increase in commercial intensity is envisioned. The use will not create traffic congestion nor will traffic safety be compromised by location of the building trades contractor on the site. Drainage will remain essentially the same as previous since there is no physical change to the structure or other improvements on the property. VI. PUBLIC HEARING (QUASI - JUDICIAL) CONTINUED. 5. a) Consideration of a motion to approve or deny Petition No. 13-002 - SE. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council - Senior Planner (Exhibit 3, Attachment A). FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 6 OF 9 41 7 ACTION - DISCUSSION - VOTE Board Member Burroughs moved to approve Petition No. 13-002-SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District and located at 108 SE 5th Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres; seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. Board Member Ritter suggested they consider Florida friendly landscaping and Chairperson Hoover expressed her appreciation for the landscaping. VOTE HOOVER - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - ABSENT KELLER - YEA MCCOY - YEA RITTER - YEA CREASMAN - NIA MCCREARY - YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:31 P.M. Planner Brisson explained that the City Council adopted five of the 21 mapping conflicts on October 16, 2012. The remaining 16 were referred back to the Planning Board, due to the number of property owners who expressed concerns over changing the zoning from Holding that have an existing light agriculture use. The Council requested the Board consider adopting a Holding Zoning District again, using the 1978 regulations as a guideline. Should the Planning Board agree that it should be adopted, then the Future Land Use (FLU) Element will need to be amended to address which FLU designations should allow the Holding Zoning, which then allows Tight agricultural uses. The Board briefly discussed whether "Holding" should be named something else such as Light Agricultural, but decided that would be too confusing. Discussion ensued regarding the larger unplatted parcels that currently have agricultural use, Holding Zoning and different FLU designations such as Single Family, Multi - Family, and Industrial. These proposed amendments, together with the LDR amendments being considered in Item B, would solve their mapping conflict problems. However, Board Member McCreary was concerned that the recommended changes as presented in Exhibits three and four would cause owners who already have Residential Single Family -One, Residential Multiple Family, Residential Mobile Home, and Industrial Zoning and either have a current light agricultural use or want to have it in the future, would now need to rezone to their property Holding in order to use it for light agriculture purposes. 418 AGENDA VI. NEW BUSINESS. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council continued. (1) NOTE: This motion has to be reconsidered as this item was not advertised as a Public Hearing nor presented during a Public Hearing. See May 16, 2013 & September 19, 2013 Minutes. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 7 OF 9 ACTION - DISCUSSION - VOTE Board Member Baughman made a motion to continue use as is and the right to request limited agricultural should it be applicable; seconded by Board Member McCoy. Board Member Burroughs asked for clarification, the motion means the recommendation will be to do nothing and leave the mapping conflicts in place. Members Baughman and McCoy responded, correct. VOTE HOOVER -No MCCOY -YEA BURROUGHS -NO RITTER - No BAUGHMAN - YEA CREASMAN - N/A BRASS - ABSENT MCCREARY - No KELLER - No MOTION DENIED. Planner Brisson explained that the maps cannot stay in conflict. Either the Zoning has to change to be consistent with the FLU or the Comprehensive Plan FLU Element has to be amended to allow Holding Zoning and regulations need to be adopted to regulate the uses. Board Member Burroughs moved to recommend to City Council, Planning Staffs recommendations as presented in Exhibit 3, memorandum dated January 22, 2013, modifying the text in the Comprehensive Plan pertaining to the SF FLU Category to allow limited agricultural uses and structures and single family dwellings. The proposed changes also allow limited agricultural use on Holding zoned properties in the MF, Mixed -Use Residential, Commercial, Industrial, and Public Facilities FLU Categories; seconded by Board Member McCreary. VOTE HOOVER - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - ABSENT KELLER - YEA MCCOY - ABSENT RITTER - YEA CREASMAN - N/A MCCREARY - YEA MOTION CARRIED.(1) Planner Brisson explained that also included in Exhibit 3 on pages A -6 and 7, was information regarding the areas identified in previous workshops as the proposed Commercial Corridor, which is that area generally within two blocks of State Road 70 and Highway 441 and the proposed Transitional Commercial Overlay FLU Subcategory, which is that area identified to allow expansion of commercial and mixed -use opportunities outward from the proposed commercial corridor roadways, along with a map showing both of these areas. 1 1 1 i i AGENDA VI. NEW BUSINESS - CONTINUED. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council - Senior Planner (Exhibit 3, Attachment A). B. Consider and discuss amendments to the Land Development Regulations for recommendation to City Council - Senior Planner. (Exhibit 3, Attachment B). (2)NOTE: This motion has to be reconsidered as this item was not advertised as a Public Hearing, nor presented during a Public Hearing See May 16, 2013 Minutes. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 8 OF 9 4 1 9 ACTION - DISCUSSION - VOTE Board Member Burroughs moved to recommend that the City Council amend the Comprehensive Plan FLU Element, Objective 2, Policy 2.1:d) Commercial, to add a paragraph No. 3 identifying and creating the purpose of a Commercial Corridor along North Park Street (State Road 70) and North /South Parrott Avenue (US Highway 441); add a paragraph No. 4 identifying and creating the purpose of a Transitional Commercial Overlay FLU sub category; and add a map 1.2 identifying the properties; seconded by Board Member Ritter. VOTE HOOVER - YEA BURROUGHS -YEA BAUGHMAN - YEA MCCOY - Af3SErdT RITTER - YEA CREASMAN - N/A BRASS - ABSENT KELLER - YEA MCCREARY - YEA MOTION CARRIED. (2 ) Planner Brisson reviewed the Planning Staff recommendations in memorandum dated January 22, 2013, which amends the Land Development Regulations (LDR's) to add a Holding Zoning district and regulations. As requested by the City Council, he used the 1978 Zoning regulations (orange book), as a guideline. Differences from the proposed to the 1978 Regulations are: Proposed Permitted uses: Single Family Homes Special Exception uses: 1978 Regulations Single Family Homes, Public and Private Schools, Government owned land and recreational facilities, Railroad Rights -of -way, House of Worship on 5 acres or more Permitted use in excess Golf course, country club, Public utility building/ of 30 feet facility, Private recreation facilities or communities Customary accessory uses Customary accessory uses Minimum lot requirements area: 2 acres, 200 feet wide Minimum yard requirements: Front: 25 feet Side: 10 feet Back: 10 feet Waterfront: 20 feet 10,000 square feet, 75 feet wide Front: 25 feet Side: 10 feet Back: 10 feet Waterfront: 20 feet 420 AGENDA VI. NEW BUSINESS CONTINUED. B. Consider and discuss amendments to the Land Development Regulations for recommendation to City Council - Senior Planner. (Ex. 3, Attachment B). VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the apppai is to be based, General Services media are for the sole purpose of backup for official records, ATTEST: Patty M. Bt pette, Secretary Dawn T ver, Chairperson FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 9 of 9 ACTION - DISCUSSION - VOTE Maximum lot coverage: Single family dwelling: Other uses: Maximum impervious surface: Single family dwelling: Other: Maximum Height: Single family dwelling: Other: Proposed 45 percent 45 percent 55 percent 55 percent 30 feet 30 feet 30 percent 25 percent Not addressed 30 feet 30 feet 1978 Regulations Board Member Burroughs moved to recommend to City Council to amend the LDR's to adopt a Holdings Zoning district, and regulations as presented by Planning Staff, Exhibit 4; seconded by Board Member Ritter. VOTE HOOVER - YEA BURROUGHS -YEA BAUGHMAN - YEA MCCOY - Ib ENT RITTER - YEA CREASMAN - NIA BRASS - ABSENT MCCREARY -YEA KELLER - YEA MOTION CARRIED There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:47 p.m. City of Okeechobee Planning Board /Board of Adjustment and Appeals Patty's Hand written Minutes February 21, 2013 Pg 1 of �i I. Call To Order - Chairperson: Chair Hoover called the February 21, 2013, Planning Board and Board of Adjustment and Appeals Regular Meeting to order at p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Minutes - Secretary. 1):0,5 A. Board Member r uv✓:` )' (-moved to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the January 17, 2013 regular meeting; seconded by Board Member IBC ulf Discussion: VOTE PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover NAY ABSENT Vice Chairperson Burroughs ABSTAINED HOOVER Board Member Baughman Board Member Brass GLb' e n +- 1.0I co(! Board Member Keller BURROUGHS Board Member McCoy Board Member Ritter t/ Alternate Board Member Creasman Alternate Board Member McCreary ■ hnoVU -FU v041;11 .1 Planning Consultant Brisson, Senior Planner KELLER Board Attorney Cook '/ Board Secretary Burnette III. Minutes - Secretary. 1):0,5 A. Board Member r uv✓:` )' (-moved to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the January 17, 2013 regular meeting; seconded by Board Member IBC ulf Discussion: VOTE (YE5, NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS ,/ BRASS KELLER MCCOY MORGAN RITTER °� BAUGHMAN v" MCCREARY "y RFSULTS• CARRIFD DFNIFD February 21, 2013- PB /BOA Minute Guide - Page 2 of �j V. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. VI. Open Public Hearing (Quasi - Judicial) - Chairperson). A. Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M,S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District (Ref. Sec. 90 -253 (16)) and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17) for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue. The applicant is also requesting the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility. CUYIeit " *015 1. Hear from Planning Staff. — 'riSSOrt gep() +r�Q� k( r u.nn - rr m a. i./ Share Glyn r n 9 1At c f r ht.s S rP q (.l ( act_ - n/o I -I- -1 i-L 1 ✓ I h 0143 big f app {ve,.) 1 S ne MAO be e ho na F9 3 of S2 -for 6rnu p hoer ar- iht•i,6n rYW5 atr t standards r e q u i.ecL no increase, ih bed: rescind previous S 003-SE tLanCe, is plot/ Aid /v C r =ij C1-ex iC-- if Ltc1. e ts' Cr to/ in to e-h )re bCY.. r(.. 2. Hear from the Property Owner or designee /agent. -Dr 01 hGt mrno ci Noon.t.dd.Lr prev4 Oe ct ak7 o na 1 7hc _e et.p y moo,' hands f .1 bo11)5 Into -v Ares /s)(16tc' — S-1 414 pOlen -1s ` br S G� oy-F pe n c t r +i n.t h �- r re I a �, is 11 O 041v r c t,c.tz -s +-t o fl 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. $ mos bit i! /tW_ #o ec> c. Isar bupptr ,1;r 4 pa1to. LOLL OWN P re of 1 y rh record ,a r&t ,'s C in aLl ft (Yt 2 C Su p p a r4 February 21, 2013- PB /BOA Minute Guide - Page 3 of 4. Disclosure of Ex -Parte communications by the Board. T. 6 u,r -rbu hs 3pi> K 1 10etwittrittik G.bo tr is • 11P�.J d,e vU r a i' o3 c • n OC?�C 40 hit DL1 w taco( u-d N �— 5. a) Consideration of a motion to approve or deny petition. Board Member moved to prove /deny Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, C and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District (Ref. Sec. 90 -253 (16)) and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17) for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue. The applicant is also requesting the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility; seconded by Board Member 0, 41101-, o nct.�h vns �w-+ed � 6 v� s t'e, ��d '0 dvv m o $ • as Board discussion. C e deli n r-ho►l o GccupatIOr -a1 (el (23 P(Qc,rud bq appUca&t+ 4 1 owe. e p,rd e -bait -+ vie r SCl.L9S l tk SSG fuel. ` LOCtirtat Pr- Nvun� dc-- LA) lshc_ SE ( 5f( (1d4 place a s r� 10C rd w�she 4-4) 1 -cave. �{ ►�� l o, _ P J v J 1 February 21, 2013- PB /BOA Minute Guide - Page 4 of C c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BRASS KELLER v MCCOY MORGAN rat- RITTER ✓ BAUGHMAN v. MCCREARY ✓. RFSUI TS7 CARRIFD DFNIFD lo'a B. Petition No. 13- 002 -SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (5)) and located at 108 SE 5th Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, Pg 4, Okeechobee County public records, containing approximately 0.46 acres. Witl 1. Hear from Planning Staff. I I (� (Ccui° cv'-f- -'-y �t L.u.(i H � Sea) �P� ,�-e u.n c Mob il�r'rtE H pre vlbusILi a L GC ( r(& be C06 4-(0.,e CS bike /Ou t ' •t S +b/tL t o CGt- Cd (1 o,m int,f C i . i Cot t ? . <. tbatt pops 3- '7 9s r e coo m p 11 f-1){ a. p r v O1 t l a S ! c rr) r -fit r� BDALRi 1-1M 2. Hear from the Property Owner or Jea rar� n q scan s ckQS �v C1 QTY C��C� � heel S � r U Pr "s a lc Lei secu ri sp � o-‘e designee /agent. I _ WO pre SL r�+ as )heel in L hL board — t± ;cyst t -e Xcs r° Shed S Y V h r C fifes r } be I r1St�_ I fe(} n° 3 c vex 1 oQo d �'� C` February 21, 2013- PB /BOA Minute Guide - Page 5 of CT/ 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. Nor 5. a) Consideration of a motion to approve or deny petition. Board Member moved to/approve /deny Petition No. 13- 002 -SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage; building trades contractor within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (5)) and located at 108 SE 5th Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, Pg 4, Okeechobee County public records, containing approximately 0.46 acres ;seconded by Board Member ( .. �.t 44-e. , . b) Board discussion. in u n t D,,Ml irru.r 1-s Flo ri d A iI1 o L( G 4,1,:U r February 21, 2013- PB/BOA Minute Guide - Page 6 of CI c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BRASS ‘,/--- KELLER MCCOY MORGAN RITTER \-- BAUGHMAN MCCREARY RFSUI TS. CARR-I; DFNIFD CLOSE PUBLIC HEARING - Chairperson. VII. NEW BUSINESS. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council - Senior Planner. (Ex. 3, Attachment A). alp rope rol- I t-S uor if re ',tory, d Joilitcr, lawt -(-)1- we re re •Ce e bac R fov (+any s fo a_ t(00,) ter( irfac I I- kA, red__ n ez... (,e, feaki /Pr., , J 0 v e a J-c ca.-1-e 10 q +o a r( 01.,0 in Comp p la n Clr22r1±c P 1 c I i. ("( re C till e n I e ( no-i-Vi i ell ti,..) cci, fl( viho ni . -to W1.41 be a,101,e -Vb hay Ci_ (S ou s,.Ati Cenk red arvItilet I a r 14 r) v o 14-1.1 oint-rs ot.ct IA- 0_ tO--elu Lf haA)e_ cto-e s l()0 ld.t a • 5 roRaft, (363 Ile kobic_ • Ce_ses pr) r 9 ToLQ hoi'ses fiad-fitret-L. ktr i KSr:i Or ti ret cro \,1 pa r ce I S r)-t0r)tt t'VPI t 0 11 Zor,rhi fv.k, ye V) 4-41.9_ r c ko ()c, LA) .g 0 Cf-ee )D0 ce 4-t) uLs.t__. OVec 1-4 Cn A. ety)f-, flue 61, obwici.,1 Gael ÷htf I wou,tel LL4, a if olot pt.opt.t. C1100Se G ICC n 193 kvkal, Lt)oo, a 100 linutto 6(16- 1A,.,,f00 (0.14-C7 .Sekt _SS I GA-. OU Coq na_rile:t13 LuTturta February 21, 2013- PB/BOA Minute Guide - Page 7 of q 01- )10 t Ci, r el , (1-0,,P rist 4-16 n 4/-- (. tre. 61-orte i use_ CL.L1/410- 0-16 vi_ Cob° s I hore.s I PIT-) lolls (no-1 , c•i‘t ' '' 6 - f- 1 i ned Cei cmy, i • c.-1-- S byre. 4hInp bu:f no+ all, E Offin f Cow .t Oci + 6(0 eLetet...ho eeconn ryvertt ( twcii IA as ji lc no 0) nri 04" I .0r) P ban Cib M411 �r ve. holt), 00 ri( < C ha ilej( g-f conei b, tvicc n 04+1 °Y ovi Cf 171 p(act ov-% tarohq vrap afvf-H, fIj 41, ,rt e s41001.1. +0 1CA1j .144J- L,Da rt. taiL,(1 L-un rt'Ad. lOs-e s ee-LA- E" r reqUPS4 1-11 ct,p0 ra.141t, vtJct r Char\l CP \-1-4) VV. (310 A.ri LLAV.Z__ COY\ bL cte: pLekt_e__ 0—Tv Z,0A)„v,-,,, v&.1) ik)tx-N L1P. ko oLo 1._Pr ■ LA. C., eL,--Jyv't be) ¥LU rna_ p s C T 1( h3 /Ye5 oviv,vx s otv LA is 00)4 C(Alolo,ed 1*() H Z o w Ltf. ct o crte.cyte,.. epuyroft (17.113 M fY1 act/ rt rt.comrn eA\cLcA-4-14 5 Se,,C0intk. as f P to if e6 4-0 (,L (I c, u'It7t1'; ocil rep A Lo # 3/' also for cQ.p, aL (VCt 1+ ( GbY1 p u Ot -t-s d L I- s.. a k) k.kr-S n Chary tOottta n aid • February 21, 2013- PB /BOA Minute Guide - Page 8 of Consider and discuss amendments to the Land Development Regulations for recommendation to Council - Senior Planner. (Ex. 3, Attachment B). --r. s &Gn 4 w r`e,c Cie. aom r (Ait-.Q Secnr i tc,ftr 4-6; pgs ' 13- a• IAN erea 0)1 ADD i ./1 a CCD WI Clad.- &Lt. 6/01#5 rn © lv rP000�►'�rn€f,41, ' ZZ I1�'a_S 0u Ltd- I f�,t;t r . \Ida e cus'?1- Cuy pit) 64 -ct February 21, 2013- PB /BOA Minute Guide - Page 9 of q VIII. ADJOURN - Chairperson. (7 LI 1 PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. -Iiimor ENDENT NEWSPAPFOtB OKEECHOBEE NEWS 10)S. NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 "tie/ 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 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i 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 fo blication in the said newspaper. Toni Bird Sworn to and subscribed before me this day of ` -.-" AD Notary Public, State of Florida at Large ANGIE BRIDGES :*= MY COMMISSION f EE 177653 EXPIRES: ApflI 20, 2016 Bonded Thfu Notary Public Undenvri tars (863) 763 -3134 NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The City of Okeechobee Planning Board will meet as the Local Planning Agency on ursday, February 21 2013 at 6 PM or as soon thereafter as possible, at qty (fall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider any roposed amendments, submitted by City Staff or citi- zens, to the adoptedpCity Comprehensive Plan, which may include amend- ments to the adopted Land Development Regulations (LDRS). M amendments are forwarded, with a recommendation, to the City Council for final consideration. All Interested parties are encouraged to attend. Please contact General Services at 863- 763 -3372, or website, dtyofokeechobee.com, to obtain a copy of the agenda. PLEASE TAKE NOTICE AND BE ADVISED that no stenoggraphlc record by a certified court reporter will be made of the foregoing meeting. Accordingly, arty person who maryesseek o appeal anygdec sion ngrd the matters no- ny eevidence at said needing faurpoonn which a yy appeal o be based. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation o parttdpate in this proceeding should contact the General Services Office at 863- 763 -3372 for assistance. BY: Dawn Hoover, Chairperson 436354 ON 2/15/2013 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS MEETING FEBRUARY 21, 2013 OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: February 21, 2013 Planning Board /Board of Adjustment and Appeals Meeting, 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Kenneth Keller Board Member Douglas McCoy Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member Les McCreary Board Attorney John R. Cook City Planning Consultant Bit Brisson, Senior Planner Board Secretary Patty Burnette III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the January 17, 2013, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. FEBRUARY 21, 2013 - PBIBOA AGENDA - PAGE 2 OF 3 V. OPEN PUBLIC HEARING (QUASI - JUDICIAL) - Chairperson. A. Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District (Ref. Sec. 90 -253 (16)) and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17) for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue. The applicant is also requesting the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designeelagent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. B. Petition No. 13- 002 -SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (5)) and located at 108 SE 5"' Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, Pg 4, Okeechobee County public records, containing approximately 0.46 acres (Exhibit 2). 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee/agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. FEBRUARY 21, 2013 - PBIBOA AGENDA - PAGE 3 OF 3 VI. NEW BUSINESS. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council - Senior Planner (Exhibit 3, Attachment A). B. Consider and discuss amendments to the Land Development Regulations for recommendation to City Council - Senior Planner (Exhibit 3, Attachment 8), VII. ADJOURN - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that a interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing wit need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal wit be based. General Services media are for the sole purpose of backup for official records of the Department. ?NDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 in the 1.9th Judicial District of the Circuit'Court of Okeechobee County, Florida, was published in -laid newspaper in the issues of d C 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 thepost;office in Okeechobee, in said Okeechobee County Florida, fora 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 f• o • •lication in the said newspaper. Tam Byrd Sworn to and subscribed beforeim this.': / day of /�. j .,i' AD Notary Public, State of Florida at Large r +an1"{ ;; ANGIE BRIDGES *: 'a' .*= MY COMMISSION ;M EE 177653 ►-? EXPIRES: April 20, 2016 54,k. Bonded Thnl Notary Public Underwriters (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursda , Februa 21, 2013 at 6:00 p.m. or as soon thereafter as possible, at (Ity Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The y agenda is available on the City webslte www.dtyofokeechobee.com, or contact the General Services De- partment, pbumette@cityofaSpecial kkeechobee.com, 863 - 763.3372 x 218. tedtlbybeMuhammad Nooruddin on behalf of pprropertty owners A.M.S.A. Hold- ings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short-term residential rehabilitation center providing In- patient physica l and occupational rehabilitation and therapy within a tight Commercial Zon- ing District, Ref. Code Book Section 90- 253(16), and operating in the same facility as the existing Assisted Living Facility previously approved by Special Excepptiqon, Ref. Code Book Section 90- 253(17). The applicant is also re- questing the Board rescind a previously approved Special Exception for a Group Home In the form of a residential drug/alcohol rehabilitation facility. Property Is located at 608 NE 2nd Avenue Legal: Lots 3 -6, Block 78, City of Okeechobee, Piet Book 5, Page 5 Okeechobee County public records. All members of the public are encouraged to attend and participate in said Hearing. The entire petition may be inspected during regular business hours, Mon -Fri Sam- 4:30pn, except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi - judicial), on behalf of the City, to approve or deny Special Excep- tions. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any derision made by the Board of Adjustment and Appeals wtth re- spect to any matter considered at this meeting, or hearing will need to en- sure a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. General Services media are used for the sole purpose of back -up for the depart- ment.,In accordance with the Americans wIth Disabilities Act (ADA) of 1990 persons needing special accommodation to participate In this proceeding should contact the General Services Office at 863-763-3372 for assistance. by: Brian Whitehall, Zoning Administrator Petition No. 13- 001 -SE 436046 ON 2/3,13/2013 _ City General 55 S.E. Okeechobee, Phone: Fax: of Okeechobee*-Ap,� i atflon, Date: 10r 1-.. 2 Petition No. I3 -col-S ' Services Del' 't�rnai' E 3`d Avenue, Room 101 Alltiw Florida 34974 -2903 (863) 763 -3372, ext. 218 (863) 763 -1686 ee Paid: 50. 0.00 Jurisdiction: 8011 tlst Hearing: 2 "d Hearing: (1f f/.) �" ! -. Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Awls 4 gi iii, /Le. Aro E f}/3 gv1 d '1 y t. C. 2 I i Owner mailing address: ,, ,,;�, �.' ,., 3 Name of applicant(s) if other than owner. .'� `Ad" . 4'W cr .z. e�'`'' i -3115 /3 7`14 v 51 404 +,,Halt€ hit• flea t sl =Ave14 r_. - -34 ca 4 Applicant mailing address: / p _4p j' 14. 11 . r ,e6614,l� -t, f---r -3 V 1 73 4a e-mail address: A p o 112,I AA/ i 41( 9 j71s4. corn 5 Name of contact person (state relationship): g1Nrv64_ /Val ip me0 m/)7 , ,c/J/1.aj. 6 7 Contact person daytime phone(s): Property address /directions to property: $'L 3 - Fja/ - ja PROPERTY INFORMATION ' , ' ,ri/ g 9 kid , - Ott 8 Describe current use of property: t� L. F , j`1 d 2. j vil y Fnt i. /r' /y ONLY/ /Vo IMO biii /rIPO (' «r7P/2/ ' ; P /WI Ii5 /W ,2d 4/111125 Th..707V 9 Describe improvements improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. W f/ 0 C 4w' 1 .5-Etti rri -c._ ( 4 Source of potable water. Method of sewage disposal: ,- 10 Approx. acreage: /9, , A-V( Is property in a platted subdivision? y4,-S . 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: P' o A%. 12 Is a pending sale of the property subject to this application being granted? A) 0 13 Describe uses on adjoining property to the North p FF i c �s -f- ,- t3 i Lcl- '- North: irk, /kt,tsi- r) n-L / C it V Auto v e p,--,a s1 l~cPEast: ('i) ' p f, (- South: Li)-6) , Vr%t,canf to +- E 54= West: V C Cons ccf'iur -i c ,-e.e -5,,�.. 14 Existing zoning: j, ,t4,00 Future Land Use classification 1 v1•*6rG- ' 15 Have there been any rio rezoning, property? ( No (7) Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 0q- v�y�-i -s 3(i uci _) 455/`5 ?�i( Iik /I'd �y ((tl` J ) 7" heyv . Os_DI1 -SE ,r` 16 Request is for: ( ) Rezone (4 Special Exception ( ) Variance la -oar i- f~ .a 17 Parcel Identification Number: 3,,, is-- 37. 3s -ev /p - ae.7p0 .... co 5-u. 13* 04) a- -' 6. tt, (Rev 01/12) Page 1 of 11 Confirmation of Information Accuracy 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 6V ft` L/ Printed Name 1 1 i 7 j f T D!Yi) r V�r iG L� �� /aV Date /2— 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 j0- Z53 (MD OAT Zen i 18 Applicant=s statement of interest in property: R,.a4,,dv tou 6614.1.4, ,,,, 5 y_g _ 9y4 _ .yvue •�{��AT1 , wccd�{ �l , I T N PR % I ��"1a 1 % { r b ,L --,v�( %2`i?/ CA, T bd � i-6, 1111) /l.b ) Gc ccfti•1.7c'. t. a� rb ls,C �j'fi.-.G G. /t.L' �4v+�V7 I t- 1"F% rr Al 4,51,“71- S t'rV o/ /' .- izir3 ' -/vv.� , j pY D ✓, dd e k,v� S; r rop 1 oat, 19 Non- refundable application fee: Rezoning: $850 plus $30 /acre; Special Exceion: $500 plus $30/acre; p , 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: r/ 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 17 §) containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number b. Legal description of property pertaining to the application V c. Computation of total acreage to nearest tenth of an acre 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 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 6V ft` L/ Printed Name 1 1 i 7 j f T D!Yi) r V�r iG L� �� /aV Date /2— 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 • r 11111111111111111111111111111111111111 11 _ FILE NUM 2010003146 OR BK 00684 PG 0373 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 03/18/2010 11:28:53 AM AMT 28p327.00 RECORDING. FEES 35.50 DEED DOC 198.80 RECORDED BY M Finon P s 0373 - 376; (4P9s) File Number: (Space Above This Line For Recording Data] Corrective Quit Claim Deed ,- This Quit Claim Deed made this 8 - 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: Quit Claim Deed - Page 2 A.M.S.A. HOLDINGS a aeed Khan, Managing Member By: 1 . Myra Managing Member By: Mohammed Nooruddin, Managing Member By: Shahnaz d Managing Member Book684 /Page374 CFN #2010003146 Page 2 of 4 State of Florida County of nfzr22.-Cke Ili^ The foregoing instrument was acknowledged before me this 8 `day of Wrg`,/til by Saeed Khan, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L1l i personally known or [_] has produced a driver's license as identification. [Nota NOTARY PUBLIC -STATE OF FLORIDA Pa Shahnaz Akhtar Khan Commission # DD535559 Expires: Thru Atlantic Co., Inc. State of FloAa County of - GPA..[Le 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 Shahnaz Akhtar Khan Commission # DD535559 Expires: APR, 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. [Not State of Flon_'ca� County of � The foregoing instrument was acknowledged before me this g g g day of3amrsry, 201 by Mohamed Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L [i has produced a driver's license as identification. Notary Public Printed Name: (k-Lce,y1 SHAHNAZ A. KHAN My Commission Expires: en day of may, 2 10 Myra Khan, as Managing liability company, who is personally known or L] has a■,-‘ Notary Public Printed Name: SHAHNAZ A. KHAN NOTARY PUBLIC -STATE OF FLORIDA [No ° Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. State of Florida n � County of gae.2ex.oa�- personally known or Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: a'-a &o The foregoing instrument was acknowledged before me this g "day ofr- Jertur y, 2010, by Shahnaz Nooruddin, as Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who is personally known or L] has produced a driver's license as identification. NOTARY PUBLIC.'' ''''')P FLORIDA (N• egfiahnL. r Khan Commission. 353�9 Expires: APR. 02 Bonded Tluu 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 -a-21 --1- , /9 /2- i C "f/ 971- i 0'4/ '47-. ft- '3 &- .47)71- r /49 (di' 4- Z6 c A-(/t9 7k/44/taw 2-1-1- ,4-11/ A 7 cle912- td 1) li v , 1 0 -{..,-v g- 1 tie 1 e)Ale a 664 ih,6,,_ I, 4c ,',_2 6cCt:1371-;64,1 ii-A- "ft-L-4_ frile-r/y- A) 4- ,t..t.;---ev_e._ c--t--47 Ni/t-e4`,77/ A az: e.:1 ,s-e.._ e-eto( ___ 447 E C ; - 7 - g 7 7 NOTARY PUBLIC-STATE OF FLORIDA ' ".• Shahnaz Akhtar Khan E Commis # DD969968 Ex2i: .• RO2, 2014 BONDED T' 1'7 F 1A4 t c.fr,rfrS Return to: !enclose re)eaddreesed ramped envelope) Name: Address: This Instrument Prepared by Name: r^, iivorWt No -,J_ �-;Q Address: D (o SA.,3 I-1 GteTk�a'V - . Pvr1-M e(T-1 1 3-09t Property Appraisers Parcel !demarcation Folio Numberls): Orenieeisl =Ms) 11 9s SPACE ABOVE THIS LINE FOR PROCESSING DATA IIIBIIIIi{I{i JIIIINIIIIIililllililliliilJJIJIJllllNlllii FILE NUri 20091312732 OR BK 006:78 PG 1536 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 11/17/2009 Cl2:4.0 :1 J PM AMT 10.00 RECORDING FEES 11.00 DEED DOC 0.70 RECORDED BY 11 Pinon Rs 1536; (fps) SPACE ABOVE THIS LINE OCR RECORDING DATA Olio Quit (1II3int PEetr, Executed the 115 day of rto mt38Fi. Z007 , by Dale first party, to fm s A /-{aZ -PiNg5 1.-G whose post office address is elO SW 1 4Aome- 15+12.1 VLF - /)i z /Yrt CT 1y, J 1 - 3105 O. second party. Ar»5f} 4otDIA,67S 1- C AND ERRA -5 ' ` `6S GGC. • ere. w L4GNTd1o()66 b . PMm CIT./ (Wherever used herein the terms "that party and :second patty" include all the parties to this instrument and the hens. 1,9a1 tepresenratrvaa. Ind assigns of individuals. and the successors and assigns of corporations. wherever the contest so admits or'aqui.,1 1111 itnessetJE, 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 (91.Z e (,k D F� c ,State of FLT / n A- ,to -wit: GI T`( bF olc eC-0oI36e �, , S a- (p 16t -ocK 18 p4_RCe4 fit) 3- /5= 37- 3c- oo /o- 607190 -00 ) v (�a ittbe an fa H.alb 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. In fitness above written. 111: keyed, the said first party has signed and sealed these presents the day and year first Si sea f :: a on delivered in the presence o /r W uneu3igneran (ao to not onomp C41.QOL�I /YI�/ 'L - t(a,ne Ll /�� P taus f Gt/ [%d/— Wio, Sig (as to first car ) S�1 / n /kirk\ Print pQ Nami Wit u3s Sigaitere (es to Co-Grantor, if any) S • • - r,-Ste Ctrs- Primed Name Witness Signature (as to Co- Grantor. H any) m 1 rar--)d Try n Printed Name STATE OF 0R 1 D 1'- COUNTY OF OM-EC-ft 6 sly &) ii is --f9-$ 3 1 1 Grantor Signature Petra ed Name D- 3c;)( 4148 DKEECIA—ONEE L ZWg13 Port orrice Address Co.Graotor signature. (if any) MI'fft'Y1'nMet) NGLIZv1)1iN Petaled Name ? .D- H-4 S o�.F. cft-D Dag Port Meet Address 1A— 13 CO 3 FZEZI 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:) p Said person(s) is /are personally known to me. 0 Said person(s) provided the following type of identification: bP.) -R.J 1--4 C✓ A I 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 17 !K day of NINE Mite IZ, Noary S14nuyra y_.j Primed Nome aCtOct Date Book678 /Page1536 CFN #2009012782 Page 1 of 1 www.sunnz.org - vepartment of Mate FLORIDA DEPARTMENT OP STATE DIVISION OF CORPORATIONS Page 1 of 2 Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List 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 Registered Agent 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 2011 04/29/2011 Forms Help Entity Name Search Submit http: / /www. sunbiz.org /scripts /cordet. exe? action = DETFIL &inq_doc_number= L090000942... 10/2/2012 www.sunbiz.org - Department of State FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Page 1 of 2 Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History 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 608 NE 2 AVE OKEECHOBEE FL 34972 US 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 t Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= L070000078... 10/2/2012 YV VI, VI" . JI.11111J1 La. 1...11V111. OKEECHOBEE FL 34973 Title MGRM NOORUDDIN, MOHAMMED P.O. BOX 448 OKEECHOBEE FL 34973 Annual Reports Report Year Filed Date 2010 03/30/2010 2011 02/18/2011 2012 03/09/2012 0112212007 FlOrid,:;3 Note: This is not official record. See documents if question or conflict. on L. 4. n jfa No Events No Name History C1.5%.o l.11. Lo [Entity Name Search http://wwvv.sunbiz.org/scripts/cordet.exe?action—DETFIL&inq_doc_number=4,070000078... 10/2/2012 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 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 Signature of Applicant Date Y (A l-rtz1 m ?) r.) Woo / c'. D h i Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 1-1' day of 30, 1-(s) be-r , -O I Personally known to me 1r or produced as identification and did not take an oath. Panmm, �3uR.ru�.tt� Notary Public, State of Florida (Rev 01/12) Notary Public State of Florida Patty Patry M Burnette j My Commission EE 218356 ‘0„,0- Expires 10/02/2016 Page 3 of 11 PIN_DSP 3- 15- 37 -35- 0010- 00550 -0010 3- 15- 37 -35- 0010- 00560 -0010 3- 15- 37 -35- 0010- 00560 -0160 3- 15- 37 -35- 0010- 00570 -0050 3- 15- 37 -35- 0010- 00570 -0080 3- 15- 37 -35- 0010- 00570 -0180 3- 15- 37 -35- 0010- 00770 -0010 3- 15- 37 -35- 0010- 00770 -0030 3- 15- 37 -35- 0010- 00770 -0060 3- 15- 37 -35- 0010- 00770 -0100 3- 15- 37 -35- 0010- 00780 -0010 3- 15- 37 -35- 0010- 00780 -0070 3- 15- 37 -35- 0010- 00780 -0090 3- 15- 37 -35- 0010- 00780 -0110 3- 15- 37 -35- 0010- 00790 -0030 3- 15- 37 -35- 0010- 00790 -0050 3- 15- 37 -35- 0010- 00790 -0070 3- 15- 37 -35- 0010- 00790 -0090 3- 15- 37 -35- 0010- 00880 -0060 3- 15- 37 -35- 0010- 00890 -0010 3- 15- 37 -35- 0010- 00890 -0040 3- 15- 37 -35- 0010- 00890 -0060 3- 15- 37 -35- 0010 - 00900 -0010 OWNER_NAME TARMAC FLORIDA INC TUTEN TROY T & MARY ANN LOWE JOHN MARCUS & CONSTANC.. TRENT RONALD L LOWE JOHN MARCUS & CONSTANC.. HAYDON ELLIS R & RITA KST CONSTRUCTION INC 4 GIRLS ENTERPRISES INC BIG LAKE EYE CARE LLC BIG LAKE EYE CARE LLC BIG LAKE BAPTIST ASSOCIATION I NUNEZ DAVID JR & ANITA MEDINA J REYES GARCIA PARKER ROBERT C SR & JOANNA COYLE WILLIAM D ROWLETT JOSEPH ROWLETT JOSEPH QUARLES NANCY GAIL MITCHELL RONALD & GIANINNA NIX CATHERINE S TRUSTEE NIX CATHERINE S TRUSTEE MADRIGAL ANSELMO & MARYANN SEACOAST NATIONAL BANK within_300_feet, 10/2/2012, Page 1 ADDRESS_1 1151 AZALEA GARDEN ROAD 2457 SW 18TH COURT . PO BOX 296 2322 SE 33RD ST . PO BOX 296 2448 NE 80TH AVENUE 3283 NW 32ND AVENUE 701 NE 3RD ST 1540 SE 40TH AVENUE 606 NORTH PARROTT AVENUE PO BOX 1203 701 NE 3RD ST 5615 NE 3RD LANE 209 NE 6TH ST 306 NE 7TH ST PO BOX 1903 PO BOX 1903 311 NE 6TH ST 8800 NW 160TH STREET 201 NE 5TH STREET 201 NE 5TH STREET 1788 SW 8TH STREET 815 COLORADO AVE CITY_NAME NORFOLK OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE STUART ST ZIPCODE VA 235020000 FL 34974 FL 349730000 FL 34974 FL 349730000 FL 349728100 FL 34972 FL 34972 FL 349740000 FL 34972 FL 349731203 FL 34972 FL 34974 FL 349720000 FL 349740000 FL 349731903 FL 349731903 FL 349720000 FL 34972 FL 349722605 FL 349722605 FL 34974 FL 34994 77 2 1 - 15- 37 -35- 0010 - 00770 -0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL34972 10 11 12 3- 15- 37 -35- 0010- 00770 -0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTTAVENUE OKEECHOBEE FL34972 Legend AMSA HOLDINGS LLC & EAAAS WITHIN 100' NE 2ND AVE NE 7TH ST 6 5 4 3 3- 15- 37 -35- 0010- 00780 -0010 BIG LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE FL349731203 7 8 3- 15- 37 -35- 0010- 00780 -0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE FL34972 NE 6TH ST 6 5 • • 9 10 3- 15- 37 -35- 0010 - 00780 -0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 4 3 2 1 3- 15- 37 -35- 0010- 00780 -01 0 PARKER ROBERT C SR & JO NNA 209 NE 6TH ST OKEECHOBEE FL349720000 11 12 2 1 NE 3RD AVE ASBUILT SURVEY PREPARED FOR A- M.S.A. HOLDINGS, LW.- - QESCR/P770N; LOTS $ 4 5 AND 6, BLOCK 74 CITY OF OKEi- C3/OBEE ACCORD /NG Tip THE PLAT THE?P£AC AS RECORDED IN PLAT BOOK 4 PAGE 4 Cr THE PUBUC RECORDS OF CVCEFCHOBEE COUNTY, FLORIDA. PPP =PUP 1 11111100 [WAMU BENCHMARK FOUND 1,149 NA2 S CYSK 108 _ CS 0320` 29 59.114[7, 91(49 2507. (49519 1929) N.E. 717, eryw i —T ml.kr 4240 PROJECT SPEC/F/C NOTES: 1) UNLESS SHORN OTHERNSE ALL D/MENS/MS ARE PLAT(P) AND MEASURED(M). 2) SITE ADDRESS 608 NE 2ND AVENUE. 3) PARCEL /D: 3- 15 -37 -35 -0010- 00780 -005a 4) 771E DESCRIP770N SHOW/ HEREON WAS PROVIDED BY THE C)UEVT OR 771E CUEVTS REPRESENTA77W. 5) BEARING REFERENCE THE NORTH UNE OF BLOCK 78 IS TAKEN TO BEAR NORTH 8947'38' EAST. 6) F./.R.A/. ZONE: ZONE UNDETERMINED, PARCEL L ES NIH/N THE OKEECHOBEE CITY LIMITS 7) THIS SURREY IS NOT /N7ENDED 70 DEPICT J/R/,WIC77ONAL AREAS OR OTHER AREAS OF LOCAL CONCERN 8) AD0/770IVS A? DELETIONS TO SURREY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARAES /S PROHIBITED WTHOUT NR/TIEN CONSENT OF THE , GA//NG PARTY OR PAR77ES 9) THE EZ.EIU7TCNS SHOINV HEREON ARE BASED ON THE NA7TONAL GEOOE77C VERTICAL DARN OF 1929 (NOVO 1929). 10) DATE OF LAST FIELD SURIE) 09/14/1a PROJECT SPECIf7C LEGEND: 1{'P - Nt70D POSER POLE - ASBUILT EZEVA7IAN PREPARED FOR THE EXCLUSIVE USE OF: A.M.S. HOLDINGS LLC. GULFS7REAM BUS/NESS BANK EL/7E T77LE, INC. 77COR TIRE INSURANCE COMPANY COMMONWEAL 771 LAND 777LE INSURANCE COMPANY e,� s d197,7r w xapsrw) .109) TRADEWINDS SURVEYORS & MAPPERS, INC. 200 9.1. 3rd Avenue Okeeohobw, FL. 34974 r.1 003) 703 -2887 Fat (883) 703 -4342 Email: t*pa•embargmalLoom .N6 on a- �.,�.. -.-><� _ ASBUILT SURVEY LYING IN LOTS 3 -6, BLOCK 78 CITY OF OKEECHOBEE (P.B. 5, PG. 5) 11TCPPO TCIPPF 1111TTNITV FT 11RTf A MADAM 09 of . p1b110 moan for &no mMtion M .rlr.hd r 29000th.. Math, the lend. .11ow ra prbrrW 49 M. vay.r. L No eurwy hw b 99.91.04 .1b004y M th... partly rood 4. No r IId*re b wowed dW by =bowed oval f b1. d . by Mery rol 9. 00MY mm.d 4. Not Mo W n *ream wbpw.d a.d M of ao IIo.l1..d .unryr and minor /MIA. A A1ra w no N.M. demo 91o&M ......40119191 .11.91 a Mom l No cannot .a mod. b Inane dnd9yrnd blpw.n191b a wlrordud.ab Of ay) o. port of �e 7. 9 0 4 .9 1.a pnpr.d , ew (Moo 4 1.7 0. F I.) pur .anted. am 47 . 7. to Flarlda 61.We Sl.nrl.la r1d Ydppw (l7u;tr 01017 -4 F.AC purrlmt b O.dtlurl Q1027, dldrlda LEGEND 0-F.I Iron Rod and (and Cop) LS 4020' F (.nd CM d -Found Pan Rod (md Cop) • -Found P� Mond Cop) A��BaBrREFNA710N5 L... Ywwµi 0 =Z.:* 2-0 4 c w1. v GT; t4TC -40[ RT.E.wn t /M1f0} a Pawn.. E011.6..wl 1J91P -no. nu.nm rn''', ndr'..a ,r.. p}vr ( d osi 1.(10.1 wow 9..4 .t ..ads nW.m, M MH0'.(0+t.� 4.Nw wP n..,+.,. Pma1s.1 a c.0.0 o..+.. MP- P..auid ...d a awa.1.� Ppo-.a,1.1 o.w.a..n.�c PIIC.PdM a..,.,P1 C.nW. PaFParw.n R.Ir..P. Wivn.nd ,i.Pwt PM DAM' DK BOUNDARY SURVEY (ASBUILT) 09/14%10 27211'5 -18 . KAB y. . r - LM F 5MNM7 MY 9nS�� a _QR • 4 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: :j,v P47, I- Arr ard-ii4 bi,i'f,7tc .1 derti}"iY: 5ilCY Tram 5tii-y •t. h.e. Out; p`: fey( &i W >Z jv mome, ° i !► i s v e'f' t Ftom eikte.s C',a.Li i°r - -�r, NAatt.c.. d t.g..- C:,;.J - ' y Gl4v - L-: t114N' Air D,C2 Ilciox C'Qo ker Nd 'T7u,E )b/S344 S 7'"G#t/ttjar 'f- 71W1- is !' h, ets 'WO B Are there similar uses in the area o () Yes If yes, briefly describe them: C f {'.4 f i en+i- " amps' . it kg., we/5976w ,} je. i.eizof- ✓ bJC4ia, ii PIZ.44Jsr.dlA^ ,d reY c,1 i v-, 5v 'ut/evF/L Y i' v*/ kG+ L .. ,ivee,te 4 If a business, briefly describe the nature of the business, number of employees, hours of opera ion, and any activities t.,, he conducted outside of a building: MI 41-04-/0-ie-> inv5;de— 4-e- ,bill dt 6 94/277 -e--- D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most 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. /NJ f ' E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use.`, •- t'Y` fa k �- •4` 4. ij t etL�lt �r i fi�+%ft is fa, ,- �; /, .5 -rtty��•dti {rte 6ige t? pith,;( 2. Demonstrate ow the site d proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. 1, /: 614t 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. t; (..,Z14-kd 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 2/1i ,r1 1 hi i ° l v vez, 5 j $ Gr-r�— C vI rfdl 1/ ham= /4, rrPe- 't 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. i;f7 r WAX' l,JJ /, J eV i(71,11 le � pal i r49 t44 ,,,,,,w 7 7ni vaxe ivii rile, PI?i l' (Rev 01/12) Page 8 of 11 FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. Ma, b,0)// 4.._- /— A/461 4'4-- , blj#i!tr'4 % %tC4446. 2. The use is specifically authorized as a special exception use in the zoning district. 3. The use will not have an adverse effect on the public interest. %f- w + 3r /`�"` `� Pt;t1, c4„.,14.11)-4,4 ,5 S �` t° rim +!9 >� . ,i c.K�}' -�t�as . a Cite - ' e-- j� /V '`'I - -� i409..�ej J- - i his of ti on,, lY alt le�� iHkro —/, . 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not bde[trimental to urbanizing land use patterns. r ,q it y7 {- )G l c � 0.1, )I %St•� 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the develo ment of adjacent property. ,j , y'1 ry7 Jet ' 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. �. (xb . G �: avy ert - 1�`l��`- t �-r1s i 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Ajowae '" e R,40- `eivi e Ted <a ; c: iii& - r teem its `-t..e_ ve s tI1 > /t`/ > ,' `�, ! /},�, fit `'' 4 key C� " - %z�► -ti 8. e use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No tR11.- k-If The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 9 of 11 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: A.M. S.A. Holdings, LLC Petition No.: 13- 001 -SE Planning & Management Services, Inc. 13 75 Jackson Street, Suite 2O( ort Myers, Florida 239- 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 13- 001 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number E -mail Address A.M.S.A. Holdings LLC and EAAS 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 -801 -1925 Nooruddin64 @gmail.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial CLT Assisted Living Facility (ALF) 0.642 Proposed Commercial CLT Group Home (Rehabilitation Ctr.) & ALF 0.642 Legal Description of Propert 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. Item Before the Board of Ad'ustment Applicant is requesting a Special Exception for a Group Home in the form of a short - term residential rehabilitation center providing in- patient physical and occupational therapy in the same building as the existing assisted living facility previously approved by special exception. Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 13- 001 -SE Description of the Situation This property was originally the subject of a Special Exception approval of an Assisted Living Facility in 2007. It has, more recently been the subject of applications for and approvals of both a Special Exception (12- 003 -SE), approved by the Board of Adjust- ment on July 19, 2012, and a Rezoning (12- 001 -R) approved by the City Council on September 4, 2012. The Rezoning was from CPO to CLT and the Special Exception was for a group home in the form of an alcohol and drug rehabilitation center (detox center). The State subsequently denied the license to allow the detox center on the same premises as the existing ALF, and the special exception has never been implemented. This application is for a short -term residential rehabilitation center providing in- patient physical and occupational therapy in the same building as the existing assisted living facility. While the in- patient rehab center will be housed in a separate wing of the structure, the ALF residents and rehab patients may share dining facilities. A Group Home is a Special Exception in the CLT District. The Applicant has informed us that the State currently has a moratorium on the issuance of licenses for rehabilitation centers and that operation of the rehabilitation center will not commence until such license has been granted. However, the State requires documentation that the proposed rehabilitation center is consistent with the City's Zoning regulations. Ad'acent FLUM Classification, Zonin • District and Existin • Land Use North Future Land Use Map Classification Zoning District Existing Land Use East Future Land Use Map Classification Zoning District Existing Land Use South Future Land Use Map Classification Zoning District Existing Land Use West Future Land Use Map Classification Zoning District Existing Land Use Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Assn. " Commercial and Single Family CPO and RSF -1 Vacant and single - family Commercial CHV "KST Construction" Serving Florida Local Governments Since 1988 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 13- 001 -SE Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Yes, it is built according to code for in- patient rehab facility with a call bell in each room and bathroom. Wheel chair accessibility has been taken into consideration at the time of building the ALF." The specific proposed use is a short -term residential rehabilitation center providing in- patient physical and occupational therapy. 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. A short -term residential rehabilitation center providing in- patient physical and occupational therapy is compatible with the existing ALF use on the property. However, before the rehab center may operate, it must receive the license from the State. It is similarly compatible with the zoning and uses on adjacent properties, which uses are largely commercial. The subject property is located one block east of US 441 in the Transitional Commercial Overlay area within which properties are expected to be zoned primarily CLT, CPO, or RMF. Two of these zoning districts (CLT and RMF) allow Group Homes. Although one adjacent property is zoned RSF1 and used as a single - family residence, it is adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We agree that the location and specific site are appropriate for the proposed use. Serein�; Flt;rida Local GOVerTIMelltS Since 1988 3 Staff Report Applicant's Name: A. M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. (3) "No change in building structure modification needed." The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, the in- patient rehabilitation treatment and occupational therapy will occur entirely within the property and are expected to have no significant effects upon the surrounding properties. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Landscaping is perfectly appropriate for in- patient facility." The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "In- patient rehab patients are usually dropped off. No overnight stay of any vehicle. If it's one driving they don't need to be in in- patient rehab." There will be no increase in the number of beds in the facility. Since the rehabilitation patients are driven to the facility, dropped off, and are picked up by friends or relatives, the impacts of the operation will be no different from those of the previously approved ALF. Presumably, the only difference in the operation will be the use of rehabilitation and occupational therapists replacing some of the ALF Staff. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, and presents no hazards or public nuisances, the in- patient rehabilitation center will have no significant effects upon the surrounding properties. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (5) Demonstrate how the utilities and other service requirements of the use can be met. "No change." Since there will be no increase in the number of beds in the facility, one would not expect any increase in the demand upon utilities or other service requirements such as sanitary sewer or solid waste. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Patients who will be admitted to in- patient rehabilitation facility get dropped off by family member or ambulance. None of the in- patient residents drive in." The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence (two to six weeks on average) among those undergoing rehabilitation will be less than that among ALF residents there will be somewhat greater turnover among the residents. If the rehabilitation residency averaged about one month and even if all 32 units were devoted to rehabilitation, there would only be maybe two extra trips per day due to the increased turnover. Also, we would not expect any significant difference between the traffic associated with those servicing the ALF facility and that associated with the rehabilitation operation. Section 70- 373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) -(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "The use will be perfectly appropriate once the State issues the license to operate as in- patient rehabilitation." The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: A. M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (2) The use is specifically authorized as a special exception use in the zoning district. (3) No comment provided by applicant. Section 90 -253 specifically authorizes a group home as a special exception use within the CLT Zoning District. As noted previously, a short -term residential rehabilitation center providing in- patient physical and occupational therapy qualifies as an allowable special exception use under the definition of Group Home in the LDC. The use will not have an adverse effect on the public interest. It will be the same effect as our current assisted living business. No change of any type to some portion or all in- patient rehab." We agree there should be no adverse effect upon the public interest, particularly, any increase in the intensity of the current facility will be minimal if any. There will be no impact upon the provision of public services, no significant increase in traffic and as previously noted, adjacent properties are well buffered. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "It will fit perfectly in existing business." A short -term residential rehabilitation center providing in- patient physical and occupational therapy is compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single - family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We do not believe the operation of a rehabilitation center either by itself or in conjunction with the ALF will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "No change in any living condition required." 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. Serving Florida Local Governments Since 1988 6 Staff Report Applicant's Name: A. M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. No change of any structure changes needed." The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "None, no additional traffic pattern or effect in the area. As patient will be dropped off and picked up after their completion of rehab; two to six weeks as an average." There will be no increase in the number of beds in the facility, therefore there will be no change in the density and any increase in intensity will be minimal and would not overburden any public facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "None at all." We would expect only a minimal (if any) potential increase in traffic, as set forth in our earlier response to item #6 on page 4. Serving Florida Local Governments Since 1988 7 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 13- 001 -SE Recommendation Staff recommends approval of the Special Exception request to allow a Group Home in the form of a short -term residential rehabilitation center providing in- patient physical and occupational therapy in conjunction with and in the same building as the existing assisted living facility at 608 NE 2nd Avenue with the following stipulations: 1. The approval of Special Exception 12- 003 -SE on July 19, 2012 for a group home operating as a drug and alcohol rehabilitation (detox) facility at 608 NE 2nd Avenue is rescinded concurrent with the approval of this request (Special Exception 13- 001 -SE) 2. The operation of the rehabilitation center must not commence until such time as the City Clerk is provided a copy of the license issued by the State to operate said facility. Submitted by: Wm. F. Brisson, AICP Planning Consultant February 12, 2013 Board of Adjustment Hearing: February 21, 2013 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Serving Florida Local Governments Since 1988 8 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Special Exception Petition No. 13-001-SE FUTURE LAND USE MAP Subject Property NE 7th St. r L.] 4.8 NE 4th St. COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY IIIII MULTI - FAMILY rai COMMERCIAL INDUSTRIAL IPPIr PUBLIC FACILITIES [ RESIDENTLAL MIXED USE Florida SrvinU Local Governments Since 1988 9 Staff Report Applicant's Name: A. M, S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE ZONING C @D • co.. 6U5INESS DISTRICT - CHV -HEAVY COMMERCIAL v$4, CLT - UJGHT COMMERCIAL CPO - COMM PROFESSIONAL OFF-: °_ - HOLDING fNO - INDUSTRIAL PU6 - PU6LIC FACLLITIES PUD -MIXED PUD-R al Riff RESIDENTIAL MULTIFAMILY !MN - RESIDENTIAL MORILE HOME /CFI - RESIDENTIAL SINGLE FAMILY CF2 - R ESI DEN TIAL SINGLE FAMILY (2- ZONING MAP Subject Property 55 54 NE 4th St. ' -r%ing Florida Local Governments Since 19$$ 10 Staff Report Special Exception Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 13- 001 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Serving Florida Local Governments Since 1988 11 Patty Burnette From: Sent: To: Subject: Good Afternoon Patty, Karyne Brass <khbrass @live.com> Tuesday, February 19, 2013 2:39 PM Patty Burnette Okeechobee Planning Board Petition #13- 001 -SE As I'll likely be unable to make it to our meeting on Thursday night (02/21/13), I'd simply like to state for the record how pleased (and relieved) I am that the property owners in the above -cited petition have opted to request recission of their recent special exception approval for a drug and alcohol rehabilitation operation within their assisted living facility. This application for a new special exception to allow provision of inpatient physical and occupational rehab and therapy instead is a very positive change and would certainly receive my vote of support, barring any caveats unknown to me at this time. Not only do I personally find this new proposed business plan far more feasible, I believe it will garner support from both Okeechobee's residents and medical providers alike. If approved, I wish the owners great success in their expanded endeavors at The Heritage Assisted Living facility. Sincerely, Karyne H. Brass, Board Member City of Okeechobee Planning Board /Board of Adjustments 1 Patty Burnette From: Karyne Brass <khbrass @live.com> Sent: Tuesday, February 19, 2013 2:45 PM To: Patty Burnette Subject: RE: Phone conversation this morning re:PB /BOA Meeting Attachments: image002 jpg Patty, I haven't called Bill, and don't think I will If I do, I'll tell him I've spoken with you and will notify you of my communication with him. And although my e-mail wasn't specific about it - -I would like for it to be read into the record. Thanks for your assistance! Gene From: pburnette©cityofokeechobee.com To: khbrass©live.com Subject: Phone conversation this morning re:PBJBOA Meeting Date: Tue, 19 Feb 2013 11:48:22 -0500 Hi Karyne. Spoke with Lane and she said that if you are going to send me an email with comments that you would like to have read into the record, which is no problem, you would also need to disclose, Ex -Parte Communications, that you spoke with me, staff, and Bill Brisson, should you decide to call or email him. His number is 1- 800 - 741 -4062. He may be able to clarify some of your questions better. She did also say that speaking with another Planning Board member would be in violation of Sunshine like we thought. Thanks and have a great day, Patty Patty 'JvL Burnette GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, PL 34974 T r: 863- 763-3372 ext. 218 'Fax: 863- 763 -1686 e -maiC jib,; r n err co) cit Ip okecc lio bee. c nart website: I l ytokeccli.nliec.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 )JIJDEPENDENT_. NEWSPAPERS OKEECHOBEE NEWS �f0>5 W' NEWSPAPERS OKEECHOBEE NEWS 1O7S.W..117th SiY''i et, Suite 1), Okeechobee, FL 34974 3 : ■.. . s 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;w'ek� Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a.._._. ill. G 3 L ti i L ; in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published, ire skid . newspaper in the issues of 1 � 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, f(ar ,a period of one year next preceding the first tublication 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 fo 1 • blication in the said newspaper. . Tom Byrd Sworn to and subscribed before men this '' ', ; day of Notary Public, State of Florida at Large %AD 110:': ANGIE BRIDGES • MY COMMISSION # EE 177653 Bonded PIES: April 20, 2016 • Tik' Notary Public Underwriters .,r (863) 763 -3134 PUBUC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Td February 21, 2013 at 6:00 p.m or as soon thereafter as�all, 55 SE 3rd Ave Council Cham- bers, km 200, Okeech Florida. agenda Is available on the Oty webslte www. com, or contact the General Services De- partment, U consideration k S)�eda�, I B:ceptloo Petition No. 13.002 SE, submit- ted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial (CHV) Zoning District, ref. Code Book Secdon 90-283(5). The proposed use Is for a gener- al contractor's once, with toot and equipment ssstgtoarage. Propert/ Is located at 108 SE 5th Avenue, Railroad rights- together with of-way, way a located in tice Replat off Blocks Florida , 53aandd 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, PG 4, Okeecho- bee County public records. Being more particularly desaibed as: commence at the SE corner of Lot 8 of said Block 253, run North 100 feet along the West boundary of SE 5th Avenue (70' wide) to the SE comer of that certain parcel of land recorded In OR OK 445n,,ggP�G 1931, Okeechobee County public then continue North 20032 feet a1Iornhg� said West ROW line to the South boundary line of abandoned East Soudh Park Street (70' wide); then run West 99.98 feet along saki South ROW Ane; then run South 200.37 feet to the NW comer of said OR BK 445, PG 8K 445,1PGt193 to the P089cor�ininngg approximately boundary 46 a. serif OR M members of the pubic are encouraged to attend and partldpate In said Hearing. The entire petition may be Inspected during regular business hours, The Board Fof Adjustment and h serves the dedslon ma body (quasi ) on behalf of the gAprypetao approve or deny Special PLE� =idol), NOTICE AND BE ADVISED that if any res to appeal any decision made by the Board of 'Adjustment ng Appeals with re- spect vmonytlmm recoconsidered d of tlhe proceedings meeting, made, hearing record includes the media and usedce forr upon whkh the sole urposseePooflback pp based. e depart- ment. In accorndgansce petwith the Americans with Disabilities Act (ADA) of 1990 persons should contact the Genera r accommodation ce0tl att 863-76.3372 participate - for aassi assistance. by: Brian Whitehall, Zoning Administrator Petition No. 13- 002 -SE 436047 ON 2/3,13/2013 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: f - '1- I Petition No. ! 3 -OOa - SE Fee Paid: 500,c0 Jurisdiction: 130R. 1st Hearing: a_a)r.,3 2nd Hearing: TNI/h. Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): erne oz, R 5) lap__ 36( `- 4 31- °l' 17g 2 Owner mailing address: j —ZoX t�C(78f b�(cQc,vLc... r `L 3L1Q73 3 Name of applicant(s) if other than owner 4 Applicant mailing address: r.,;q fro E. 4a e-mail address: ,/ ice/m/1 ,�.�1,`n � C�1�s��rL���,�,�t C� 9� 5 Name of contact person (state relationship): dt...n,r1Z se f p``�°cb't� rrn�c�- 6 7 Contact person daytime phone(s): g43 3 — / 7 [ )/ PROPERTY INFORMATION Property address /directions to property: ( b ,? . E 5'x%1 /Maw e_ DX.ee chv4ee, FL , 3 S!4 ?" 8 Describe current use of property: OA 6 6 6 ip e d Ci' - de f -er,'akr, ✓ q 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. Li- ,t+44chta Qv/ s ttmei-4/ " (- o- f -f':c: e.. +1(4; l er 1 S4 as+. Slit ,t. mYkI ). Source of potable water: au p Method of sewage disposal: o oft 10 Approx. acreage: p, 9s-a Is property in a platted subdivision? r= 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: `i)D 12 Is a pending sale of the property subject to this application being granted? n O 13 Describe uses on aciIoining propel North: (' t y�G4" South: C CA ai `ol to the North: p .c f T c°, '�c)t: Ll f,!'�+ East: ,- r /'L West: 0-i-r14t (a r1 lep awl 14 Existing zoning: G. = c jet 0 Future Land Use classification f L Li — 15 Have there been any prior rezoning, property? ( ) No (i/) Yes. special exception, variance, or site plan approvals on the If yes provide date, petition number and nature of approval. 16 Request is for: ( ) Rezone LIZ) Special Exception ( ,) Variance 17 Parcel Identification Number: j _41_ 31 _ 3 5- _ oo ,t d _ 0.;i S 3 0 — 40 in (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 Printed Name IS Se1eje_ Date 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 of interest in property: /flt chauJ4 pAspitiy ..c or legs, as ;nuejl-m .en i= 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $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: ja.,4 11A7 21 Notarized letter of consent from property own er (if applicant is different from property owner) 22 Three property surveys (one no larger than 11 x 17 §) containing: a. certified boundary survey, date of survey, surveyors name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre / 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser-s Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name IS Se1eje_ Date For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: 80; i j,'ny Prudes eon.%roc +ar' D-F -4 . e. B Are there similar uses in the area? No Nes) Yes If yes, briefly describe them: 1r,-)G e nJlekec -.,n 30! o) t,) gat r c_Ae„) et, AJ tevc t :or t - 4toto ,$G.J .arid )9dc' . " che/l [*/,l/Welt. 71X-,r 2.0.3 „sea y/>M cs'>1'e im7.Je i m1 t 4471 -50 3rel Terr• -Teo r %nwi- D PC•jr1at:0,td- 7'J p 3e-r,1 61. wool 6m, i1C. no 11 €4) S -dt i-1- C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: 13u; t c1 ;v1tj n4rgc:k.fs e) t4 Jce. ( .0v 1 a at.,' ; e, a 4. /.... (o enn ra toyer "s i in Gwtcla y — Fr { Jy g tee., j4im? 6-, 00 prrA - ou4 s,cl,e Ito . u 2-44 e d b"'"-'''',3 tip lv &IA frQD "lvr- rn Alm and Col hook 1.`"kJ foul l-rgi'l -er t`n. P.rVI6 D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Wt r kR•c- Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. toms peg . 4, 31 y 1/4+c4 Qs GL LW ect (`arto+ SAGeS t f to apianopri a1 brci 14004 rcor bu+ a.; &Oe L Siut`ctd e. • hui cip or 16 t.e.. 1i+ti lSJn j -4Gr e }- o - 5, I f 'o( 4-1-4; Nor rarK-4'el • h&j .SAffi c ,44- par r..1119 hco Su4 .'t.I'rn - "e. S pnc-e • hoK s v/ oppute h "o✓1 we. 11.14A a ne4, /via) $ (kkey 1..tirtirtj 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. =°c-e -'1-rar` My- en S, -Cur" pctecr nI•'nJ. !T' a let 1 Sitar-99-e_ L u: ih Ai -for en.clw -ed vra j t r ec tkach.-ed per t -rue enclw -ed trap fea,'W f ar`4,'nf coin e k ly --f-en od -Fa' 0.-e 4-4 pV`6 t c_ +J4;r' and St c ..r :4L -kr 0o1:dc and 4.)e>= f_tnol S. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. to 610-lc,:pak.4 &,n► iemeScup of plbn }S' io IYv.ite. Vi . Uiee4: b 14-e c perky IrhDf aika il�e , we_ had 4 110 lrac h.n4 / VI- 4c/r.t�f esfu,•''Prn,e.1+ c giro_ Sort • 10 e_ ca ti hol- eGnJfruc� C�1 C +rJc p € per �y cc✓n,Stru0-4etr) 1s doJnt_ 44- home- tcv vvr / elt'eh) --1 Job 5' pre) p rfy 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. ti _ na4 -urt, D.( Our- 6•44":nR41 9env.t ice) no 11,4en4:12) heaAr0,S br' JO1..r.b1.C. flt4 nc-e or laud in - 14 ush' e LJ 01' a/r_bcsc14' t ptaue E.A.¢- Uiew v4 kha- prcpor-J ctr,64 tipsir 3e.1- Ju4J,,j. 64 rdJ n S - 4-ta;l.er^ QyAct oktols ozneil Ma: n +4;nG Cu,c&S ct+4041e i :•)- en4,tS 5. Demonstrate how the utilities and other service requirements of the use can be met. DL,, M WC-e and 1T1- e1L,ef' FP)- bed 6,21. -e. ttirlol y►n-e it r It/ .S..e.%,sc, z... % tr. r�ste 1`4 ec of , t Coet. mono/c 1 t-evi - e`s oaf heist. area.. re la)- -ed 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. 1,7,.1 pr.,c+ , Only acc.it; e , Ia -er coo i n o t. and Ccv. +racf -er hl,nx.,t4 Sk11s et+ a‘obs�`re flit - ,6101 u� 441e j0 /1. CGV v s / C' l r'e/� l S 01611 roc' (Rev 01/12) fJropg 1,5 0.4.61 qty Ctre dcne. ai Ore t t.s uo11 y 6,14 rikel Q-f- Cti,SiGvn.,ars hcx nt. a td ,xly ven -:-•5 gee LOU ally & o Q.Li l!i i1 i�/lr ter.,./ ..1 /�•.. n,. i1 ...... �.. CZ j'lY1 XYY)'14'rrge 8 0 Un 4-r66 t 4- FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 20] It is the Applicant's responsibility to convince the Board of Adjustment that approval of the proposed special exception is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1. The use is not contrary to the Comprehensive Plan requirements. 1'..,-A C LJ • LL C'nv p) 1'a nce-. / a_pi 72Ja rl iiP c -ern 's 2. The use is specifically authorized as a special exception use in the zoning district. / { ' jvpih.9 G.0 cPic4 � 004A. b 0A-0 0-141u ll p. Cie'r da..G e..E c y d� 2 -i- f , 3. The use will not have an adverse effect on the public interest. c Ct� Likt .c. 4✓ : t i t L g` Lk LL t� /A0/)".1- 1,n =u. C���fr L' • 01 6,3, Pod • atcj L 0 et-z_ Ca I —/e..) cc Oak 1',) 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. et.e.k c.. / n-a �Y -0-4' Y ''r`"I't 4.v-L eve & / Ce./1.. 1 cH • V 5. e use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. C 0 2 U/1.E/ 7 Let btu CO- d a 0 dat 4-7 flu Lc. u� • M u (�✓te�, 4/�t�,m VVct, (YlFvw1c4 /24,toz va' J c ; • 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to 01044 Lt,_ 4- 1,-(R_ 14.4 re- 1176v adjacent uses. au juz_ t:s me, K ce tv Ott 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. * !C -- (2/76,', ...kala w .1.4 .Y LA): It j etzfvt ` / ` o..ycv • J 8. The use will not create traffic congestion, flooding or- drainage problems, qr otherwise affect public safety. n NI04.)Ac() Gfaft.:e- LC�2 ot.a fl.Covrnvn ati �/10��„t� l�� 1211/6611-1 Ofl cu./ ty/Yyu --4 / Ac/7". DCcG 1_ L fd • The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (jot 0,a_ 0; at p e/ci 1s J r4.14, 3 A 1440 p,.6.4 c4 /1� �✓1 s to J r , t C'cLt 0„ncy & tad,ur",t- 112-t " el 0; C',GGdICM -2_ • (Rev 01/12) Page 9 of 11 &A C l gsr° DO. 4451; 00 Parcel ID Number: 3- 21- 37 -35- 0020-02530 -0010 Prepared by and return to: GINGER DURHAM Oka- Tantie Mk Company, Inc. 105 NW 6th Street Okeechobee. 34972 FILE NO. 323 �^ n Warrafl Deed I 11111T1711 111114111411111 OR BK 00724 P6 0796 SHARON ROBERTSON+ CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY+ FLORIDA RECORDED 01/04/2013 01:10:27 PM AMT 65000.00 RECORDING FEES $18.50 DEED DOC $455.00 RECORDED BY M Pinon Pas 0796 - 797$ (2a9s) This Indenture, Ex i this January 3, 2013 A.D. Between JANET MAYS, AREMARRIED WIDOW AND SURVIVING SPOUSE OF WILLARD MAYS, DECEASED, whose address is 2679 SE 183H AVE, OICEECHOBEE, FL 34974, hereinafter called the grantor, to KENNETH R. SPLETE,A SINGLE MAN, :7 whose post office address is: PO. 83478, OKEECHOBEE, FL 34973, hereinafter called the grantee: (Whenever used herein the term "gran "tpgrantx" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and asal 4 porations) Witnesseth, that the granto ,t >and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby ac . ged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in a ligbee County. Florida, viz: -- Legal Description as Exhibit "A" �( Parcel ID Number: 3- 21- 37 -35- 0020 - 025300011 Subject to covenants, restrictions, easeruelteof'p¢lcord and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2012. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delive in our presence: Witness Printed Name Stephen E Burk nn mess Printed Nara J eat nA V ..t" IA* W., .I 71) (Seal) AY v !!� 2679 SE 18TH AVE, OKEECHOBEE, FL 34974 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this January 3, 2013, by JANET MAYS, AN UNREMARRIED WIDOW AND SURVIVING SPOUSE OF WILLARD MAYS, DECEASED. who is/are personally known to me or who has produced a drivers license as identification. 800k724 /Page796 CFN #2013000200 Notary Public Print Name: StAphen E Perk My Commission Expires Page 1 of 2 FIRST S-a BLOCK BOOK 2, ALONG Tilt EAST COAST. NORTH ALO1 OF FLORIDA STREET; THEN 100 FEET; THENCI • SOUTH TO THE NW CORNER OF LOT 7 OF SAID BLOCK 253; THENCE RUN SOUTH ALONHE WEST BOUNDARY OF SAID LOT 7 TO THE SOUTHWEST CORNER Exhibit "A" ON TO THE CITY OF OKEECHOBEE BEGINNING AT THE SE CORNER OF LOT 8 OF TpWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN NORTH AST BOUNDARY OF SAID LOT 8 EXTENDED ACROSS RIGHT -OF -WAY OF FLORIDA WAY TO THE SE CORNER OF LOT 1, OF SAID BLOCK 253; THENCE RUN EAST BOUNDARY OF SAID LOT 1, EXTENDED ACROSS THE RIGHT -OF -WAY COAST RAILWAY TO THE SOUTH BOUNDARY LINE OF SOUTH PARK C l N WEST ALONG THE SOUTH BOUNDARY LINE OF SOUTH PARK STREET, THEREOF; THENCE R BLOCK 253, ,Q 6ET AND 8 OF BLOCK 253. NOW ABANDONED. LESS 253 AND A PORTION OFD - RIGHT -OF -WAY. ALL PER PLAT THEREOF RECORDED OKEECHOBEE COUNTY, FLO BEGINNING AT THE SE CO WEST RIGHT -OF -WAY LINE OF S THENCE NORTH 89° 36'35" WEST A D LOT 7; THENCE SOUTH 00° 04'42" 100.00 FEET TO THE SOUTHWEST CO MONUMENT FOUND; THENCE SOUTH OF S.E. 2ND STREET(70' IN WIDTH) A DI IF„EAST ALONG THE SOUTH BOUNDARY LINE OF LOTS 7 AND 8 OF SAID O IiE POINT OF BEGINNING. BEING A PART OF LOT 1, ALL OF LOT 7 PARTS OF RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY, EXCEPT THE FOLLOWING: A PORTION OF LOTS 7 AND 8 BLOCK NOW ABANDONED FLORIDA EAST COAST RAILROAD AT OF THE TOWN OF OKEECHOBEE, ACCORDING TO THE ,i'LAT BOOK 2, PAGE 4 OF THE PUBLIC RECORDS OF D BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 8, THENCE NORTH 00° 00'00" EAST ALONG THE AVENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET; CE OF 99.92 FEET TO THE WEST LINE OF AFORESAID yiLONG SAID WEST LINE OF LOT 7, A DISTANCE OF OF SAID LOT 7, BEING MARKED BY A CONCRETE 6" EAST ALONG THE NORTH RIGHT -OF -WAY LINE E OF 100.05 FEET TO THE AFORESAID SOUTHEST CORNER OF LOT 8 AND THE POINT OF BEGINNING File Number: 32351 Legal Description with Non Homestead Closeds Choice Book724 /Page797 CFN #2013000200 Page 2 of 2 Lity of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Sri Mailing Address: ( Q c 730X 417 8" p k e-clobae_) FL 3 ? F73 Home Telephone: ,5, ( 431 119k Work: Cell: Property Address: / u p 6 L 5 Ave_ , of eechvbee FL .34 9'72/ Parcel ID Number: 3 _ ti i _ 3,.) _ 35 _ 60:LO „_ o2.5-3 p 061 b Name of Applicant: ` Q nae4 A. Q ,S' P1� ., _ �C Home Telephone: �-GI)`_1,3a _ a., York: Cell: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNE_S� WHEREOF THE UNDERSIGNED HAVE SET THEIR DAY OF `1) lru , P 20jj H AND SEALS THIS l OWN R .. WITNESS OWNER Before me the undersigned authority personally appeared the owner(s) named acknowledged b- ere m- at they are the owner(s) of the real property described power of attor -y for the pu tose stated therein. Sworn and subscribed / _ %�- Notary Public: SEAL WITNESS above who upon being duly sworn above and that they executed the this day of 20 . r °�:0: �' Lott, * MY COMMISSION Et • * : EXPIRES: August 17,Commission afr eande�Th" Expires (Rev 01/12) Page 5 of 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 'l ll ) L3 , 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 Y1 lie Co. cf , c9-0/ V Signature of Applicant keno 10 )-11 SPit Pe Name of Applicant (printed or typed) State of Florida County of Okeechobee / tip 3 Date day of Sworn to and subscribed before me this day of jig iAqp c)30/,,3 to me or produced as identification and did not take an oath. Notar State of Florida (Rev 01/12) Seal: • COMMISSI011 llEEOSOl * ' EXPIRES: Mot 11, 2013 o u,i Y �° � �ugudgdtidal SOO o�oF�°e Page 3 of 11 DESCRIPTION: A POR T1ON OF OF L 0 TS 1 AND 7 IN BLOCK 253 AND A PORTION OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT —OF —WAY, ALL PER THE OKEECHOBEE COMPANY . PLAT OF BLOCKS 252, 253 AND 254, ACCORDING to THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE SOUTHEAST CORNER OF LOT 8, OF SAID BLOCK 253; THENCE NORTH 00'00'00" WEST ALONG THE WEST RIGHT—OF—WAY LINE OF SE 5771 AVENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK (0.R.8.) 445, PAGE 1931, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 0000'00" WEST ALONG SAID WEST RIGHT —OF —WAY LINE, A DISTANCE OF 200.32 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT —OF —WAY LINE OF NOW ABANDONED SOUTH PARK STREET (70' IN 1410TH); THENCE NORTH 8958'45" WEST ALONG SAID SOUTH RIGHT -OF —WAY LINE, A DISTANCE OF 99.98 FEET,' THENCE SOUT71 00'00'14" WEST A DISTANCE OF 200.37 FEET TO THE SOUTHEAST CORNER OF SAND O.R.B. 445, PAGE 1931; THENCE NORTH 89'59'34" EAST ALONG THE NORTH BOUNDARY LINE OF SAID O.R.B. 445, PAGE 1931, A DISTANCE OF 99.99 FEET TO THE POINT OF BEGINNING. BOUNDARY SURVEY PREPARED FOR BOWLINE CONSTRUCTION PROJECT SPECIFIC NOTES: 1) THE DESCRIPTION SHOWN HEREON WAS PREPARED BY SURVEYOR. 2) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CAL CULA TED(C) AND MEASURED(M). 3) SITE ADDRESS: 108 SE 5TH AVENUE. 4) PARCEL ID: 3- 21 -37 -35 -0020- 02530 -0010. 5) F. 1. R. M. ZONE: ZONE UNDETERMINED, PARCEL LIES W!'THIN THE OKEECHOBEE CITY LIMITS. 6) THIS SURVEY IS NOT INTENDED TO DEPICT JUR/SDIC770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) SURVEYOR WAS NOT PROVIDED 141171 ANY 777LE INFORMA 770N FOR 7711IS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR 7HE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, IF ANY. THERE MAY BE 077-1ER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. 8) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE S/GN/NG PARTY OR PAR77ES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE S/GN/NG PARTY OR PARTIES. 9) DA 7E OF LAST FIELD SURVEY 01/10/2013. HInG°Tff0=0 t111110111.1.1111. IT1111111.1111.11111 SCALE IN FEET MAP SCALE: 1 INCH = 40 FEET INTENDED DISPLAY SCALE SOUTH PARK STREET 70' R/W (ABANDONED) 5. R/W OF S. PARK ST. UNITY POLE FENCE CORNER 1.0'S. &2.5'16 FLORIDA EAST COAST RAILWAY 100' R/W (ABANDONED) 5. R/W OF N PARK Sr. FOUND 5/8" IRON ROD & CAP "LB 7705" UTILITY POLE SET 5/8 " IRON ROD & FOUND 5/8 " IRON ROD CAP "KAB L5 4820" & CAP "LB 1705" N 89'58'45" W 99.98' 1\ �IIo LN LOT 1 BLOCK 253 ;- FLORIDA EAST COAST RAILWAY R/W (ABANDONED) NW CORNER OF O.R. BOOK 445, PC 1931 SET 5/8" IRON ROD & CAP "KAB LS 4820" FOUND 5/8" IRON ROD & CAP "HOOVER 4276" 0.7" N LOT 6 BLOCK 253 9.8 9.6 o SHED • 19.4' CONCRETE 10.2' rn COV hl 2 CONC NI V ti 20.0 110,0' r -- 1 cov I CONC L_200'_J 23.8' FE E CORNER 1.6'5 & 05' W. FLORIDA EAST COAST RAILWAY 100' R/W (ABANDONED) GRAVEL AREA TOTAL PARCEL CONTAINS 1-0.46 ACRES 10.7' x W a -T2. Q' 11.9' U G J I• H '\ cov I CONC I° CONCRETE 123" L_200' 22.9' 12.6 N ▪ 3. 4' F —___, cov. 14 CONC l U L_2o.o'_J • 23.0' Ci NE CORNER OF LOT 1 BLOCK 253 LOT 1 BLOCK 253 GRAVEL AREA 5E CORNER OF LOT 1 BLOCK 253 FLORIDA EAST COAST RAILWAY R/W — (ABANDONED) CONCRETE FENCE CORNER 09'S. & 64'W NN 9'59'34" E ' 99.99' FENCE CORN 0.2' 5. & 0 8 E. N. LINE OF LOT 7 LOT 7 BLOCK 253 PROJECT SPEC /FTC LEGEND: CONC = CONCRETE COV = COVERED 1 O.R. = OFFICIAL RECORDS — TYP = TYP /CAL CS C) N P.O.B. NE CORNER OF OR 445. PG 1931 FOUND 5/8 " IRON ROD CAP "HOOVER 4276" LOT 8 BLOCK 253 P.D.C. S£ CORNER OF O.R. 445, PG 1931 SE CORNER OF LOT 8, BLOCK 253 1I18O0N0 5/8 " IRON ROO & CAP "HOOVER 4276" 5 i E PEDESTAL x CONC UTILITY POLE ANCHO UNITY POLE 1,2 2 vi 8 EDGE OF ASPHAL r STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61017 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: BOWLINE CONSTRUCTION DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 01 /17/13 WC KAB FB /PG: 283/49 -57 SCALE: 1" = 40' BEARING REFERENCE: THE W. R/W OF SE 5TH AVE IS TAKEN TO BEAR N 00'00'00" W FILE: 27001 JOB NO: 27001 TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 - -2887 Fax: (863) 763 -4342 Email: kab.twps @yahoo.com Kenneth A. Breaux, Jr. (PSM 4820) LEGEND 0—Set Iron Rod and Cap "KAB LS 4820" II—Found CM 0—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS Et= Boseline; BM= Benchmark; =Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC = Concrete; D =Deed; L =Delta or Central Angle; E =East; E'LY= Easterly; E/P =Edge of Pavement; ESMT= Easement; F.I.R.M. =Flood Insurance Rate Map; FND= found, IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M= Measured; MH =Manhole; N= North; N'LY= Northerly, NGV(D)= National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; fP= Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency; PU &D= Public Utilitiy and Drainage; R= Radius; R /W= Right —of —Way; S= South; S'LY= Southerly; T= Tongent; TEL = Telephone Splice or Switch Box; W =West; W'LY= Westerly; UTIL = Utility(ies); =Spot Elevation based on indicated Datum. 3- 21- 37 -35- 0020 - 02530 -0010 PIN OWNER NAME ADDRESS 1 ADDRESS 2 ADDRESS 3 CITY ST ZIPCODE 3- 15- 37 -35- 0010 - 01500 -0070 OKEELAND LLC 5205 BABCOCK STREET NE PALM BAY FL 32905 3- 15- 37 -35- 0010 - 01510 -0040 FRANCHISE REALTY %MCDONALD'S CORPORATION COLUMBUS ACCOUNTING CENTER PO BOX 182571 COLUMBUS OH 432182571 3- 15- 37 -35- 0010 - 01510 -0110 GLADES PARTS COMPANY INC PO BOX 2260 BELLE GLADE FL 334303433 3- 15- 37- 35- 0010 -01710 -0080 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE FL 349742903 3- 15 -37 -35 -0010- 01710 -0100 WAFH OF OKEECHOBEE INC 1403 NW AVENUE A BELLE GLADE FL 334302865 3- 15- 37 -35- 0010 - 01710 -010A CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE FL 349742903 3- 15- 37 -35- 0010 - 01710 -0110 WALZ OKEE LLC 915 MALL RING ROAD SEBRING FL 33870 3- 15- 37 -35- 0010 - 01710 -0120 SUPER STOP PETROLEUM INC 4800 N FEDERAL HWY STE 200E BOCA RATON FL 334313415 3- 21 -37 -35 -0020- 02520 -00P0 FLORIDA POWER & LIGHT CO ATTN PROPERTY TAX- PSX/JB 700 UNIVERSE BLVD JUNO BEACH FL 33408 3- 21- 37 -35- 0020 - 02520 -00Q0 HAMRICK SARAH REGINA TRUSTEE BOX 837 OKEECHOBEE FL 349730837 3- 21- 37 -35- 0020 - 02520 -00S0 FLORIDA POWER & LIGHT COMPANY PROPERTY TAX - PSX/JB 700 UNIVERSE BLVD JUNO BEACH FL 33408 3- 21 -37 -35 -0020- 02530 -0010 SPLETE KENNETH R P O BOX 2478 OKEECHOBEE FL 349732478 3- 21- 37 -35- 0020 - 02530 -0020 AMERICAN LEGION POST 64 501 SE 2ND STREET OKEECHOBEE FL 349740000 3- 21 -37 -35 -0020- 02530 -0070 IGLESIA ENCUENTRO CON DIOS DE A/G INC PO BOX 2311 OKEECHOBEE FL 349730000 3- 21- 37 -35- 0020 - 02540 -0010 NORMAN CHARLES K 414 SE 2ND STREET OKEECHOBEE FL 349740000 3- 21- 37 -35- 0020 - 02540 -0030 WILLIAMS BERTHA L C/O DODD WILLIAMS P 0 BOX 492 OKEECHOBEE FL 349730000 3- 21- 37 -35- 0020 -02540 -0040 AMERICAN LEGION POST 64 501 SE 2ND ST OKEECHOBEE FL 349740000 3- 22- 37 -35- 0010 - 00000 -0010 KIRTON SCOTT C 202 SE 6TH AVENUE OKEECHOBEE FL 34974 3- 22- 37 -35- 0010 - 00000 -0050 GJC PROPERTIES INC PO BOX 670 OKEECHOBEE FL 349730670 3- 22- 37 -35- 0010 - 00000 -0060 LONGORIA GONZALO & FRANCISCA 205 SE 5TH AVE OKEECHOBEE FL 34974 7KEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS /MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Legend SUBJECT PROPERTY WITHIN 100' P 171 SE PARK 5T 1 4 205 Z SE 3RD AVE 8 9 152 10 11 12 A NE 4TH AVE 7 8 9 10 11 12 3- 15-37- 0010-01710 -0100 WAFH O EECHOBEE INC 140 N AVENUE A BELLE GLADE FL334302865 2 3- 21- 37 -35- 0020-02530 -0020 AMERICAN LEGION POST 64 501 SE 2ND STREET OKEECHOBEE 203 FL349740000 6 6 5 4 3 2 1 204 253 SE 2ND ST 0 NE 5TH AVE 3- 21 -37 -35- 0020-02530 -0070 IGLESIA ENCUENTRO CON DIOS DE A/G INC PO BOX 23110KEECHOBEE FL349730000 5 4 1 254 SR 70 E 3- 21- 37- 35- 0020-02520 -00P0 FLORIDA POWER & LIGHT CO ATTN PROPERTY TAX- PSX /JB 700 UNIVERSE BLVDJUNO BEACH FL33408 252 3.21- 37 -35- 0020-02520 -00S0 .. FLORIDA POWER & LIGHT COMPANY PROPERTY TAX - PSX/JB \ 700 UNIVERSE BLVDJUNO BEACH FL33408 LOT 6 0.278 AC (PLAT LOT 5 0.279 AC (PLAT LOT 1 w 0.279 AC (PLA") t LOT 2 0.279 AC (PLAT) NE 6TH AVE (02520 -OOA (02520 -00A1) A 1 B 252 1 inch .150 bet SURROUNDING PROPERTY OWNERS 3- 32- 37 -35- 0020 - 02530 -0010 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTI C NFOPMATlor�013 AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Kenneth R. Splete Petition No.: 13- 002 -SE _! ! II Planning & Management Services, Inc. 1 375 Jackson Slrec[, Suilc 2f<, Fool NITen, Florida 239 -334 3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Map Classification Zoning District Use of Property Acreage Kenneth R. Splete P.O. Box 2478 Okeechobee, FL 34973 108 SE 5th Avenue Kenneth Splete or Jeffrey Sheffield (proposed renter) 863 - 634 -4846 bowlineconstruction©gmail.com Existing Commercial CHV, Heavy Commercial Unoccupied , former outdoor vehicle sales lot 0.452 Proposed Commercial CHV, Heavy Commercial Building trades contractor's office with outdoor storage 0.452 Legal Description of Property Location: 108 SE 5th Avenue, Okeechobee, FL Parcel Identification Number: 3- 21- 37 -35- 0020 - 02530 -0010 A PORTION OF LOTS 1 AND 7 IN BLOCK 253 AND A PORTION OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY, ALL PER THE OKEECHOBEE COMPANY PLAT OF BLOCKS 252, 253, AND 254, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 8, OF SAID BLOCK 253; THENCE NORTH 00'00'00" WEST ALONG THE WEST RIGHT -OF -WAY LINE OF SE 5TH A VENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK (O.R.B.) 445, PAGE 1931, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'00'00" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 200.32 Serving Florida Local ConernmcnIs Since 198k1 1 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NOW ABANDONED SOUTH PARK STREET (70' IN WIDTH); THENCE NORTH 89'58'45" WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 99.98 FEET; THENCE SOUTH 00'00'14" WEST, A DISTANCE OF 200.37 FEET TO THE SOUTHEAST CORNER OF SAID O.R.B. 445, PAGE 1931; THENCE NORTH 89'59'34" EAST ALONG THE NORTH BOUNDARY LINE OF SAID OR.B. 445, PAGE 1931, A DISTANCE OF 99.99 FEET TO THE POIN T OF BEGINNING. Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a building trades contractor's office with outdoor storage on a lot of about 20,000 square feet (0.46 acre) zoned CHV. The property had previously been a used vehicle sales lot. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CHV, Heavy Commercial. The site is improved with a mobile home with a covered porch area which will presumably be used as the office. There are also four metal carport structures and what appears to be a storage shed. The property will be rented and operated as a building contractor's office with outside storage. There will be from four to six employees and the business will operate Monday through Friday between the hours of 8:00 AM and 5:00 PM. Outside activities will include connecting the tool trailer in the morning and unhooking it in the evening. It would appear that commercial vehicles will be parked on site overnight, presumably in the carports and other materials will be stored in the shed. Adjacent FLUM Classification, Zoning District, and Existing Land Use North East Future Land Use Map Commercial Zoning District CHV Existing Land Use Strip retail center Future Land Use Classification Zoning District Existing Land Use Single - Family CHV Wendy's Restaurant and FPL Substation Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE South Future Land Use Classification Zoning District Existing Land Use West Future Land Use Classification Zoning District Existing Land Use Commercial CHV & RSF -1 Church and Vacant Commercial RMF American Legion Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Was previously used as a used car lot sales. Has appropriate building for out of sight tool storage. Has appropriate building for out of sight tool trailer parking. Has sufficient parking. Has sufficient office space. Hours of operation are within a normal 5 day working week." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "Office trailer on site for accounting. Metal storage building for enclosed tool storage. Attached carports for enclosed tool trailer parking completely fenced for theft protection and security for holidays and weekends." We agree. Except for the shed in the northwest corner, all structures were placed /built on the site in 2001. The shed was built in 1990 and is slightly nonconforming with respect to the rear setback. The parking of the tool trailer in the carports and use of the storage shed for tool storage are Serving Florida Local 4 (Vt•rnmems Since 1988 3 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (3) compatible with the surrounding uses. Recognizing that there will be 'a relatively insignificant level of activity on the site, we see no need for any specific design efforts. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "We anticipate some landscaping plants to make the view of the property more attractive. We have no machinery or free standing equipment as eyesore. We will not construct on office property. Construction is done at homeowner /client/job site property." We agree. The building in which the business will operate was previously only used as business office associated with the sale of used cars. The only difference in the proposed use of the property from its previous use as a used car sales operation is the parking of the tool trailer in the carport(s) rather than parking or display of cars. Assuming there will be no outdoor storage of construction vehicles or construction materials no additional landscaping or screening is necessary. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. (5) "The nature of our business generates no potential hazards or public nuisance or loud intrusive noise. We will actually improve the view of the property and repair deteri- orating buildings, trailer and sheds, and maintain the grounds' attractiveness." We agree, assuming there will be no outside storage of construction materials or chemicals, we foresee no potential hazards associated with the proposed use as proposed for this location. Demonstrate how the utilities and other service requirements of the use can be met. "OUA has water and meter. FPL has service and meter. City sewage /waste is code. Waste Management is garbage area related." We are unaware of any problems with utility services to the site in the past, and would not expect the contractor's office to place any greater demand on public services than the previous used car sales operation. Serving Florida Local tiovcrnmrms Since 1988 4 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There will be very little traffic impact. Only accounting person in office and contractor himself coming and going to office. Tool trailer stays at jobsite till the end of the job. Customers /clients call for proposals and they are done at customer's home. Contracts are usually signed at customer's home and payments are usually picked by the contractor ..." A contractor's office would normally be expected to generate less vehicular traffic than a used car sales operation, primarily because auto sales is a retail type of operation intended to attract customer to the site. A building trades contractor office is not expected to attract customers to site except to a relatively minor extent. The parking requirement for offices is one space per 300 square feet of floor area. Therefore, two spaces are required. The site has the equivalent of eight spaces in the four carports with some additional parking available in front of the mobile home office. Section 70- 373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) -(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "We will be in compliance with all Plan requirements." We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses and a building trades contractor falls within this category of uses. (2) The use is specifically authorized as a special exception use in the zoning district. "This property is already barely over 6 months of special exception zoning." We agree. §90- 283(5) specifically lists "Outdoor sales and storage, building trades contractor" as a special exception use in the CHV District . Serving Honda Local Governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (3) The use will not have an adverse effect on the public interest. "There will be little to none in the difference in activity in the property. Only used as office — have adequate parking." We agree. The use, its operation and impacts will not significantly differ from those associated with the former use of the property and will have no adverse impact upon the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "The use is office personnel and is appropriate for proposed location and just over six months from exception rule as a car lot." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor, an area that is primarily envisioned for commercial uses. Assuming there is no outdoor storage of construction vehicles (e.g., backhoes, bulldozers, cranes, etc.) or construction materials, the use will be reasonably compatible with the nearby church, American Legion, and retail and restaurant uses. The land use pattern in this area is compatible with the requested special exception use. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "Office use only. Less traffic and noise [compared] to the last use. No more than a normal business use." The location of a building trades contractor on the site, particularly as described, should have no impact that would be expected to adversely affect property values or living conditions in the area. Its characteristics are much like those of the former approved used auto sales except for the parking of the tool trailer on occasion and the fact that less vehicular traffic should be attracted. ring Ilo,ida Local Govrrnmi -nts Sincc 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "There is no nuisance or hazards but we will comply to the general rule." We agree. The building in which the business will operate was previously only used as business office associated with the sale of used cars. The only difference in the proposed use of the property from its previous use as a used car sales operation is the parking of the tool trailer in the carport(s) rather than parking or display of cars. Assuming there will be no outdoor storage of construction vehicles or construction materials no additional landscaping or screening is necessary. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Only bookkeeper, office help and president will be incoming to the property." Density is not an issue with a commercial use and no increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Only normal office use. No incoming public traffic and bidding is done on customer /homeowner's land." We agree that neither will traffic congestion be increased nor traffic safety be compromised by location of the building trades contractor on the site. Since there is no physical change to the structures or other improvements on the property, drainage will remain essentially the same as previous. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE Recommendation Staff recommends approval based upon the foregoing analysis and findings, Submitted by: Wm. F. Brisson, AICP Planning Consultant February 12, 2013 Board of Adjustment Hearing: February 21, 2013 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Google Street View Servinc Florida Local lanVefilnlefIS Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE FUTURE LAND USE MAP IBM -1QE `3' ' rd St ■ COMPREHENSIVE PLAN LAND USE -j SINGLE - FAMILY all MULTI - FAMILY - COMMERCIAL INDUSTRIAL PUBLIC FACILITIES _._..1 RESIDENTIAL MIXED USE Subject Property Serving FlorWa local Governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE ZONING MAP NE` rdt. p Subject roperty ZONING • C80 -COMM SUSINEDS DISTRICT - CHV • HEAVY COMMERCIAL �;. CO' - LIGHT COMMERCIAL CPO - COMM PR OFFS SIC NAL OFFY;E H- HOLDING IND- INDUSTRIAL ?U8 - PUBLIC FACILRIES ?U0-MIXED PU D -R S !IMF RESIDENTIAL MULTIFAMILY RMM - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RCF2 - RESIDENTIAL SINGLE FAMILY ;2• Sen-ing Florida Local Governments Since 1988 cr 10 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES 3AY Of 3N z m SR 70 E 300 Subway Retail $hops Y 3-21-37-35-0020-02530-0010 SPLETE KENNETH R 0.452AC 132013 -$55,000 40 > Serving Florida local Government, since 193* Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13-002-SE GOOGLE STREET VIEW -108 SE:51h A,Gke Obe, 149 , legek Serving Florida Local Governments Since 1988 12 Patty Burnette From: Patty Burnette <pburnette @cityofokeechobee.com> Sent: Friday, February 01, 2013 3:47 PM To: douglas_mccoy @doh.state.fl.us; gritter @sfwmd.gov; jadthoover @gmail.com; John Creasman; johncook @cityofokeechobee.com; kenneth keller @cable.comcast.com; khbrass @live.com; Lmccreary@ceeco.net; skullhillsteel @yahoo.com; twbfla @gmail.com Cc: bwhitehall @cityofokeechobee.com; bill @larueplanning.com Subject: Information for Planning Board Meeting on Feb. 21st Attachments: Memorandum re City Council actions for LPA recommendations.pdf Tracking: Recipient Read douglas_mccoy @doh.state.fl.us Read: 2/4/2013 8:40 AM gritter @sfwmd.gov jadthoover@ gmail.com John Creasman johncook @cityofokeechobee.com Read: 2/1/2013 4:11 PM kenneth_keller@cable.comcast.com khbrass @live.com Lmccreary@ceeco.net skullhillsteel @yahoo.com twbfla @gmaii.com Read: 2/4/2013 11:06 AM bwhitehall@cityofokeechobee.com bill @larueplanning.com Read: 2/4/2013 9:51 AM Good Afternoon everyone. The attached material is being emailed in order to provide you with plenty of time for reviewing and researching the information prior to the Planning Board meeting on February 21st. This will also give you time to prepare your comments and /or questions. As a reminder, the Zoning and Future Land Use maps along with the Comp Plan and Code of Ordinances can be accessed on the City's website. The remainder of material for the meeting along with the Agenda will be mailed to you as soon as the Staff Reports are received from the Planner. Should you have any questions or problems printing the information, please either email or call me. You may contact Bill Brisson by either email at bill @larueplannin .corn, or phone at 1- 800 - 741 -4062 with questions too. Thank you, Patty Patty M Burnette genera(Services Coordinator City of Okeechobee 1 Planning Manag i .en.t Services, lit . . Memorandum To: Members of the Planning Board From: Bill Brisson Date: January 22, 2013 Subject: City Council actions re: LPA recommendations on FLUM & Zoning conflicts At its meeting on October 16, 2012, the City Council gave the following directions relative to the following properties (Map ID #'s 1 -11, 12a, 12b, 12c, 13a, 13b, and 14 -19) recommended for FLUM amendments and/or rezoning by the Planning Board/LPA at its meeting on September 20, 2012. 1. The City Council unanimously approved the six FLUM changes recommended by the LPA [identified as Map ID#s 12b, 12e; 13a, 17, 18, and 19] at the transmittal public hearing and 1s` reading of Ord. 1092. At the adoption public hearing and second reading of the ordinance on January 15, 2013, the City Council adopted the proposed changes 2. The City Council rejected Ordinance 1093 and remanded back to the LPA the subject of addressing properties shown as "H, Holding" on the Zoning Map giving the following directions: a. Modifying the text in the Comprehensive Plan pertaining to the Single- Family Future Land Use Category to allow limited agricultural uses and structures and single- family dwellings. See Attachment A, which includes our proposed changes to the Future Land Use Element to address the Council's direction. The proposed changes also allow limited agricultural use on "H, Holding" zoned properties in the Multi - Family, Mixed -Use Residential, Commercial, Industrial, and Public Facilities Future Land Use Categories. b. Recreate the "H, Holding" Zoning District with the details of allowable uses and development regulations based on but not necessarily identical to that of the original H District. Our feeling is that the intended agricultural uses are primarily the grazing and/or boarding of livestock and perhaps growing of crops. We suggest that the residential density should be less than that of the RSF1 District, but not too restrictive. Minimum lot dimensions in the old "H, Holding" District were two acres in area and a lot width of 200 feet. These sound reasonable to us. See Attachment B, which contains our proposed text of the new H- Holding Zoning District. Providing Planning and Management Solutions for Local Governinents Since 1988 1 . n nn, r ..4 r, nn n..1 c. Allow owners of properties now shown as "H, Holding" on the Zoning Map and which are either designated Single - Family on the FLUM, or have no future land use designation, to choose either to remain in the "H, Holding" District or to be rezoned to RSF1. These include Map ID#s 1 through 11, 12a, 14, and 15. The owner(s) of Map ID# 13b may choose to either keep the H zoning or be rezoned to Industrial. The owner(s) of Map ID# 16 may choose to either keep the H zoning or be rezoned to CHV. 3. The five properties that were the subject of FLUM amendments under Ord. 1092 and that need to be rezoned to ensure consistency between the FLUM and Zoning Map (Map ID #s 12b, 12c, 13a, 17, and 18) were considered for rezoning at first reading of Ord. 1095 by the City Council on December 4, 2012 and the rezonings were adopted at second reading on January 15, 2013. Following is the map showing the locations of the properties and table listing the properties to be reconsidered by the Planning Board, including the previous recommendations and the options available to the property owners. 5�•� ti�l�iz, i'I %n iri.1 .11 Since 1'11'44 ATTACHMENT A PROPOSED CHANGES TO FUTURE LAND USE ELEMENT TEXT Following are six pages, beginning with page 1 -2, from the City's Comprehensive Plan as amended through December 6, 2011. These pages now include proposed changes to accommodate the inclusion of limited agriculture in all future land use categories provided the lands are zoned H, per direction given by the City Council on October 16, 2012. In addition, we have proposed changes intended to more clearly meet the requirement, as set forth in Sec. 163.3177(6)(a)1 of the Community Planning Act, that "each future land use category must be defined in terms of uses included.. " . For clarity, we have also included a listing of the specific zoning districts that are appropriate in each future land use category. For ease of review, text to be deleted is shown in strikeout and new text is underlined and highlighted. Servinu VIorida 1 ru-n1 rt'%4.I Hunts Since Irb:+F A -1 Future Land Use Element, Page 1 -2 epartment of Environmental Protection) or limit development densities and intensities in areas where soil types or topography are not conducive to developrnent. Permitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future Land Use Map. Objective 2: Policy 2.1: The City of Okeechobee shall continue to ensure that all new development is etnsistent with the Future Land Use Element. The following land use designations are established for the purpose of managing future growth: a) Single -Fa lily "esukential. Permitted uses ra: s y L include single- family dwellings, mobile home parks, houses of worship, public and private schools, public facilities, limited agriculture (but only on lands zoned H) and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential development such as boarding houses, bed & breakfasts, adult family care homes, assisted living facilities, community centers, indoor and outdoor recreation and public utilities may be permissible under certain circumstances. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family developrnent shall be five units per acre. 2. Zoning districts considered appropriate within this future land use category include H, RSF 1, RMH, and PUD -R. b) Multi- family Residential. Permitted uses include all uses listed as permissible in the Single- Family Residential future land use category plus apartments, duplexes, condominiums, singlc family lases, zero lot line single - family dwellings, public facilities, limited agriculture (but only on lands zoned H), and accessory uses customary to permissible uses. 1. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi - family development shall be 11 units per acre. 2. Zoning districts considered appropriate within this future land use category include H, RSF 2, RMF, and PUD -R. "illF A -2 i1/1'n I f,risrt,mrnoti Shia, I4f+8 Future Land Use Element, c) Mixed Use Residential. Intended to accommodate and provide flexibility for development of multiple uses within a residential setting. In order for land to be considered for this designation, land requested to be placed in this category shall be a minimum of 30 acres. Development within this category would be allowed to be no more than seven and one -half (7.5) dwelling units per gross acre. 1. The H and PUD -M Zoning Districts are considered appropriate within this future land use category. 2. Land developed within this Residential Mixed Use Category must adhere to the following innovative design and planning principles. a. All new development within the Residential Mixed Use Category shall be required to be zoned PUD -M a3 a b. Development within this Residential Mixed Use Category will be required to cluster in order to maximize open space and natural areas. Development within the Residential Mixed Use Category is permitted to be clustered at higher than gross density as long as the gross density is not exceeded for the total acreage within the Residential Mixed Use Category. c. Development within the Residential Mixed Use Category is encouraged to provide a mix of uses, including a mix of residential types, recreational amenities, civic spaces and convenience and commercial uses intended to serve residents and their guests in order to minimize trips outside the Residential Mixed Use Category. d. Development is encouraged to provide creative site designs, and clustering is required to provide for greater common open space and mixed -use development. The planning flexibility provided through the planned development process shall encourage and facilitate creative design techniques. i. Residential Development. These areas shall include single and/or multiple family home site acreage, and shall include, but not be limited to, single - family attached and detached; duplexes and two- family units; and town homes and other multi - family dwelling types. ii. Non - residential Development. These areas will include vehicular and pedestrian ways, commercial Servinu P1,.1i111.1 1 41 )1 C,nvrnnnt +nt,. S111 C4, 1 !rA A -3 Future Land Use Element, and institutional areas, club houses and associated facilities, utility buildings, maintenance areas, tennis courts and associated non - residential uses. iii. Residential and Non - residential Development acreage may account for no more than 60% of the gross area within the Residential Mixed Use Category. Intensity /density standards for all uses within this category are set forth in the Intensity/Density Table below: Percent Aggregate Land Use Mix Within the Mixed Use Future Land Use Map Category Land Uses in Mixed Use Minimum % Land Use Mix Maximum Land Use Mix Maximum Densitv/lntensi Residential 45% 50% 7.5 gross du/ac Commercial/Non- residential' 10% 15% .35 FAR (1) Open Space 40% 53% .25 FAR (1) (1jFloor Area Ratio iv. Open Spaces. These areas will include preserved natural areas, buffers lakes, parks, golf courses, nature trails, retention areas, conservation areas, scenic resources, green belts, wetlands and associated areas and must account for a minimum of 40% of the property within the Residential Mixed Use Category. Golf course fairways will account for no more than fifty percent (50 %) of the open space of the subject Residential Mixed Use Category. No development (residential /commercial) structures are intended, but only recreation oriented buildings and/or structures. v. The owners will employ management strategies in and around any golf course to address the potential for pesticide /chemical pollution of the groundwater and surface water receiving areas. The management practices will include: (i) The use of slow release fertilizers and/or carefully managed fertilizer applications which are timed to ensure maximum root uptake and minimal surface water runoff or leaching to the groundwater; (ii) The practice of integrated pest management when seeking to control various pests, such as weeds, insects, SOIVirlY Plc .I hI, I( :1/ i kw*' ,)r TIOirt4 SirWe I A -4 Future Land Use Element, and nematodes. The application of pesticides will involve only the purposeful and minimal application of pesticides, aimed only at identified targeted species. The regular widespread application of broad spectrum pesticides is not acceptable. The management program will minimize, to the extent possible, the use of pesticides, and will include the use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Interaction Guide to select pesticides that have a minimum potential for leaching or loss to due runoff depending on the site - specific soil conditions; (iii) The coordination of the application of pesticides with the irrigation practices (the timing and application rates of irrigation water) to reduce runoff and the leaching of any pesticides and nutrients; (iv) The utilization of a golf course manager who is licensed by the State to use restricted pesticides and who will perform the required management functions. The golf course manager will be responsible for ensuring that the golf course fertilizers are selected and applied to minimize fertilizer runoff into the surface water and the leaching of those same fertilizers into the groundwater; and (v) The storage, mixing and loading of fertilizer and pesticides will be designed to prevent /minimize the pollution of the natural environment. vi. The shorelines of any stormwater management lakes must be sinuous in configuration, and must be sloped or bermed. The littoral zones around the ponds must be planted with native wetland herbaceous plants, and trees or shrubs can be included within the herbaceous plants. At least four species must be planted. The minimum required number of plants will be one plant per linear foot of lake shoreline as measured at the control elevation water level. The littoral shelf should provide a feeding area for water dependent avian species. e. As individual zonings to PUD are submitted to the City, 4*lv r w Planida It M J (,flrInnrie•nt IOC(' t < ?hN Future Land Use Element, they shall include as a minimum the following information: i. A showing of the amount of units as a part of the maximum approved for the parent parcel. ii. A Traffic Analysis submitted verifying that adequate capacity currently exists or will exist prior to the issuance of any Certificates of Occupancy. f. Any lands included or amended into the Residential Mixed Use Category must demonstrate the non- existence of urban sprawl by: i. Submitting a fiscal impact study demonstrating a net fiscal benefit to the City. ii. Directing new growth to areas where public facilities exist, are planned within the City or County Five Year Capital Improvements Plan, or are committed to through a Developer Agreement, or otherwise assured to be funded by the appropriate agency. iii. Requiring all development to be connected to central water and sewer. d) Commercial. Permitted uses include the full range of retail, personal and business services, offices, automotive, wholesale, warehousing, related commercial activities, limited agriculture (but only on lands zoned H) and accessory uses customary to permissible uses. .. - .. ' Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities, communications facilities, hospitals.. group homes, adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, may be permissible under certain circumstances. L Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Zoning districts considered appropriate within this future land use category include H, CPO, CLT, CHV and CBD. `In recognition of the importance of the SR 70 and US 441 as the city's primary commercial corridor roadways the City has identified the Commercial Corridor as being that area generally within two blocks of each of these roadways as delineated on Map 1.2 in the Future Land Use Map Series. A -6 _erring Fls,ridh l eN nl t",ndNCinrcirnts Sin: ?. I4 Sh The City is interested in following a considered. limited, and consistent approach to allow expansion of commercial and mixed -use opportunities gradually outward from established commercial corridor roadways to eliminate uncertainty and foster infill and compatibility with existing development. To this end, the City has delineated the Transitional Commercial Overlay Future Land Use Subcategory on Map 1.2 in the Future Land Use Ma. Series. This catego is intended to: Permit the continuation of a wide variety of existing residential, commercial, industrial and public and semi- public uses as allowed within the RSF1, RMF, CPO, CLT, CHV CBD, IND and PUB zoning districts. Future Land Use Element, a. Provide additional and varied commercial opportunities in locations in close proximity to the City's major arterials and adjacent to residential areas. b. c. Limit rezoning of lands within this Future Land Use category only to the RMF, CLT, CPO, CBD or PUB zoning districts, thereby providing a transition from more intense development along the major arterials to lessen intensity closer to residential areas. d. Allow mixed residential and commercial uses on the same parcel. e) Industrial. Permitted uses include large -scale manufacturing or processing activities, Also permitted arc business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service uses, and off -site signs, limited agriculture (but only on lands zoned H), and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or leather •roducts ma be •ermissible under certain circumstances. 1. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Zoning districts considered appropriate within this future land use category include only H and IND. f) Public Facility. Permitted uses include public facilities and uses 501,111, Flee Hitt feu !II rel'na.l nnv+nt. :1 ,;54 A -7 Future Land Use Element, such as parks, schools, government buildings, fire stations, other recreational and non-recreational public properties, limited agriculture (but only on lands zoned ,t-rn. and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Zoning districts considered appropriate within this future land use category include only H and PUB. Ser Vinff VI441 kb 1 4 IF At 60,4'1 flITIVIltS. SII1 i ;MS Future Land Use Element, Map 1.2 (proposed) COMMERCIAL CORRIDOR AND TRANSITIONAL COMMERCIAL OVERLAY AREAS City of Okeechobee, Florida s Commercial Corridor Boundary Transitional Commercial Overlay Water Prepared by: LaRue Planning & Management Services, Inc. March 13, 2012 0.4 0.2 0 0.4 Miles MI I F6nid1 14, Al C,nr,ann�r nr, :inn• I tr�ti' A -9 ATTACHMENT B PROPOSED NEW HOLDING (H) DISTRICT AND OTHER CHANGES NECESSARY TO ACCOMMODATE THE NEW DISTRICT Following is our draft of the proposed new Holding (H) District as necessary to implement the direction given by the City Council on October 16, 2012. You will note that this district has a very limited number of permissible uses. This is because H -zoned lands have been designated Single - Family Residential on the Future Land Use Map (FLUM) and therefore, the land should be rezoned to RSF 1 to accommodate permanent uses other than single- family dwellings. The starting point for the proposed provisions of the H District was the original H District regulations. These were modified as deemed necessary to be consistent with the other regulations and appropriate to the intent of the H District. Setback, coverage, and height regulations are same as those applied in the RSF 1 District. 1,”:11 C, n�r�e�nne•ni�,�in_o I ��.i: DIVISION 15. HOLDING (H) DISTRICT Sec. 90 -434. Generally (a) There are, within the city, parcels of land or ownerships (even though technically sub- divided) that are presently undeveloped or used for agricultural purposes. The future direction of development on such parcels is not presently apparent. Lands zoned H are intended for rezoning at a future date, either by action of the city or upon application upon showing of intent to development in accord with the city comprehensive plan. (b) Holding (H) zoning districts shall be permitted on lands designated single- family residen- tial, multi- family residential, mixed use residential, commercial, industrial, or public facility on the future land use map of the comprehensive plan. (c) the uses in holding (H) districts shall be subject to the regulations of this division. Sec. 90 -435. Permitted uses. The following principal uses and structures are permitted in the H district: (1) Detached single - family dwellings. (2) Limited agricultural uses and associated structures for the boarding, raising, and grazing of livestock; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. Sec. 90 -435. Special exception uses. The following uses and structures are permitted in the H district after the issuance of a special exception use petition. 1. Permitted uses in excess of 30 feet in height. Sec. 90 -436. Customary accessory uses. Each permitted principal use and special exception use in the H district is also permitted to have the customary accessory structures uses for that use. +irre, 1,11411 l Oral 610:011111K w411sr I ZPiNA B -2 Sec. 90 -436. Lot and structure requirements. (a) Minimum lot area. Except where further restricted by these regulations for a particular use, minimum requirements for the H district shall be as follows: (1) Single - family dwelling: Area two (2) acres Width 200 feet (2) Other permitted principal uses and structures: None, except as needed to meet all other requirements set forth herein. (b) Minimum yard requirements. The minimum yard requirements in the H district, except where greater distance is required by yard setbacks, shall be as follows: (1) Single - family dwelling: Front 25 feet Side 10 feet Rear 10 feet Waterfront 20 feet (2) Other permissible structures: Front 25 feet Side 20 feet Rear 20 feet Waterfront 20 feet (c) Maximum lot coverage by all buildings. (1) Single- family dwelling: 45% (2) Other permissible principal uses: 45% (d) Maximum impervious surface. (1) Single - family dwelling: 55% (2) Other permissible principal uses: 55% (e) Maximum height of structures. (1) Single- family dwelling: (2) Other permissible principal uses: C..11r111fP I:I:nirli I■■ .il i-r1,r.. 1111I,tvrrti 4incv I P- 4 30 feet 30 feet B -3 CHANGES NECESSARY TO OTHER SECTIONS OF THE LDC 1. Add item 12 to the list of zoning districts established under Sec. 90 -71, to read as follows: (12) Holding (H) Add the Holding District to Sections 90 -75 and 90 -76 to read as follows: Sec. 90 -75. - Maximum residential dwelling units densities. For the purposes of calculating the maximum allowable number of dwelling units per acre of undeveloped land in various residential zoning districts, the following densities shall be used: (1) (2) (3) (4) Residential Zoning District Residential single- family one Residential single- family two Residential mobile home Residential multiple - family Holding Code RSF 1 RSF 2 RMH RMF H Density du /ac 4 6 6 10 0.5 Comprehensive Plan Category Single- family residential Multifamily residential Single- family residential Multifamily residential All Sec. 90 -76. - Maximum affordable housing dwelling unit densities. Residential developments which qualify as affordable housing are allowed a density bonus. Where at least ten percent of total housing units in a development qualify as affordable housing, the density of the site devoted to such housing may be increased by one dwelling unit per acre as follows: Residential Zoning District Residential single- family one Residential single- family two Residential multiple - family Holding S a.rvim, 1'Irn■11a 1 urn 1 i "tc∎c-rnvrnont., 4h5 %r∎ 1 cnS14 Affordable Housing Code Density du /ac RSF 1 5 RSF 2 7 RMF 10 H 0_5 Comprehensive Plan Category Single- family residential Multifamily residential Multifamily residential Single- family residential B -4 .111111111 111111111•1 1111111111 1111111M 111 .1 14 117.1=3 MINIM hill im1111 mmmmm MUM MIME 101111 11111 11111- 11112 1111M11111 MUM 1111111111 1111111111 1111 11111 hill 1111 MINIM IMO EBT 111 1E1E01.M 1111•11111 1111111011 nem 1111111 11111: .1111111 11101 iUii 11111 11111 11111 MIME fig this 111111 11111Z 111111 11111 11111 1 1 •UNI 011111 MOM SUM •M11 0111E BIM smutnimi •1111111 111111M 011111111 111111111111 MIME •MUS moms m•an MENU 11111 1111111 I•MO 111106 MIME 1111111 • 2 • • 13,1111111 Z11111111 PROPOSED RE ZONINGS FOR RECONSIDERATION City of Okeechobee Z1111111 MUM Iihihui CI= 1•111111 EINEM 1111111111 • MEI • E-71:1 101 11111111N 11111111 MIMI• 4. 1 ii= ZollAll 11 IIIMINI Il• Eiamm 111111112 I I II mum naml .11113111 111111 .1101111111 1111w P.110M1 MINIM E 1111 1111 I ill li EA 011 • 111 111111 MIS 11111 11110 111111 111 SIM MM Mg' ISO MM IL 1M 1•11 11111 Ili =I rT 11411 OS. HIP 1111 1111 411-1 NE 111 • 111 1• 112.11 I I I; I I 111111 1. 110 011 II Ea 1146111 ED]] UM ;1111 E=1== Ni 111 111 111 ISM 11• Ld hill ;11111 111 MISI IMMO -I Ell 111 Ell M11 0:111 UR 1E1 111111 11111E hill EE 7 111111 hill' OM .. ra a ri WI I ;11.4 • moon mai 11111 a MIME NM LEGEND Proposed Actions 213 E 112 • 111 11111 =111 rim w 11. me 11 S Imo Era 111 11111 1110 111111 NMI •1 Ell •• HMI= •EM 111 . 110 UU 1 111111• 11111111 1111111111 11111111111 a" BM sem 212 u ACl M 1 11 07 Z 1P0 1 . 4" I 0 i1 I00 4_ , ,s I . 11 It 1I 0,o . A 1P • 1 En6 • E0 a Z i1 . 1Zk U.-1 t e4i"I: ': 4Ii1l .I ■ Ml f 1 : ' I1et= .mlPP 1VF.• /I. 4 4 IIs I P : I14 M1i= mPis.l1oll1i • iitI l O !11Ia lllo1l1 1i1i 1.11111 111 i1IM1:11I1lI1lI.I11I r11 M11I r11 R 1i111l ... l= 1 Y A7.. .= TI11NM M Un caPNH ll i 1g JAWCTITOI eriir i S Ir BMW ma MI 11 MP I =ICU • /00111111111 si•sMINI ISOM. Milt= 'SUMO MINIM imam 111111111O 0 .3 0 15 0 3 1,1.1es ONE:=MME=3/1/10 - re sq. r. fi • ID# Existing Use(s) Location /Addresses FLUM Zoning Recommendation 1 Vacant lots as well as nine single- family homes and one lot with a triplex and two single - family units. Some vacant lots referred to only by street number. Specific addresses include: 1202 NW 13th St. , 800 803, 804, 806, & 810 NW 12th St.;1109 NW 8th �, Av.; 1100 and 1110 NW 9th Av.; 800, 802, 804,806, & 808 NW 11 th Av. Single-Family $ y H, Holding Rezone to RSF1 Owner may choose either H or RSF1 2 Whole block is vacant. Located on NW 7th Ct. between NW 10th and NW 11th Avenues Single-Family Holding Rezone to RSF1 Owner may choose either HorRSF1 3 Whole block is vacant. Located on NW 7th St. between NW 9th and NW 10th Avenues Single-Family Holding Rezone to RSF1 Owner may choose either HorRSFI 4 All properties are vacant. Property is improved pasture referred to only by street number. Properties are located between SW 2nd and 9 Streets just east of SW 10th Av. Single- Family H, Holding Rezone to RSF1 Owner may choose either H or RSF 1 5 Two single - family units on small lot, large parcel is vacant. 517 SW 21st St.; balance of property has no specific address but is located in southwest most part of City on north side of 23rd St. Single - Family H, Holding Leave as H Owner has expressed strong desire to retain Holding zoning designation. 6 Vacant Improved pasture between SE 8th and 13th Streets west of Taylor Creek Residential Mixed Use H, Holding Rezone to RSF1 Owner may choose either H or RSF1 4. rVnhg FL:■rida 1,4,,2,11 G. z- nci':r: knee• ;')`:K 4 ID# Existing Use(s) Location /Addresses FLUM Zoning Recommendation 7 Western strip of this lot is part of the parking for the commercial office use immediately to the west and owned by the same entity. 815 South Parrott Av. Single - Family H, Holding Rezone to RSF1 which would leave the parking use noncon- forming as it is now. Owner may choose either HorRSF1 Servtng -CS{ G.nrrrlrr rI Sift ie ?'tn, *: 5 ID# Existing Use(s) Location /Addresses FLUM Zoning Recommendation 8 Single Family 1105 SE 9th Dr. Single - Family H, Holding Rezone to RSF1 Owner may choose either H or RSF1 9 Vacant Westernmost parcel is 802 SE 10th Av.; parcel to east has no address. Single- Family H, Holding Rezone to RSF1 10 Vacant No address; located south of NE 4th St. west of Taylor Creek. Single- Family H, Holding Rezone to RSF1 11 Vacant No address; large tract located east of Taylor Creek to City limits and south of the railroad track. Single - Family H, Holding Rezone to RSF1 12a Accessory building to single- family use 649 NE 6th St. Single - Family H, Holding Associated with single - family use of adjoining parcels. Rezone to RSF1. 13b Vacant No southeast address; corner of the Park of Commerce. pthe very Industrial H, Holding Rezone to Industrial Owner may choose either HorIND 14 All vacant No addresses; mall properties are vacant and located between NE 9th & 11 Streets and NE 3rd & 5 Avenues. Single - Family H, Holding Rezone to RSF1 Owner may choose either H or RSF1 15 All vacant Only one parcel has an address, 150 NE 13t St.; the balance of the parcels have no addresses; they are located between NE 14th and 12th Streets west of Taylor Creek. Single - Family H, Holding Rezone to RSF1 Owner may choose either H or RSF1 and has said previously that RSF1 zoning is acceptable. 4+.•t^.'i»� �Lu'ul;r i.rxsl C_ IcIrurx•r'd•i Strut. 1■7Nri 6 16 Vacant No address; lot is located on the south side of NE 13th St. one lot in from the lot fronting on US 441. Commercial H, Holding Rezone to CHV as other properties in similar situations north of NE 10th Street are zoned. Owner may choose either H or CHV and said previously that CHV zoning is acceptable. ',7"Vsitr, {inrrtts i,u<si i ,.,Srn3n 4CO;l y3rtic ts7�.8 7 Patty Burnette From: Douglas_McCoy @doh.state.fl.us Sent: Tuesday, April 09, 2013 3:02 PM To: pburnette @cityofokeechobee.com Subject: RE: Question regarding 2/21/13 PB /BOA Meeting I believe that was how it went. I plan on being there next Thursday. Doug From: Patty Burnette [mailto:pburnette@ cityofokeechobee.com] Sent: Tuesday, April 09, 2013 2:31 PM To: McCoy, Douglas L Subject: Question regarding 2/21/13 PB /BOA Meeting Hi Doug. Was just wondering if you would verify something for me...during the discussion regarding the Comp Plan Text Amendment changes, you had made a second to Phil Baughman's motion to do nothing and leave the mapping conflicts in place. Then more discussion took place. Then you needed to leave before another motion was made for recommendation correct? This meeting was a little confusing and I want to make sure I reflect everything correctly on the minutes. Thank you for your help. Patty Patty vt. Burnette Genera /Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 T 'eC 863-763-3372 ext. 218 Tax: 863 -763 -1686 e-rnaiC pburnette @cityofokeechobee.com website: lti wW.cityofokeechobee.corn NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.