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13-003-SE Okee. AsphaltC <t, of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 3_5_13 Petition No. j7>_003_5e Fee Paid:St0.oO req r Jurisdiction: 4 1st Hearing: 2"d Hearing: N r� 13 �A Publication Dates: `=,t ? i Notices Mailed: Li / f 13 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 / Name of property owner(s): ekr k doF'. i lstoi✓lci_>' '& c�L'i 1r� i xc ci (Gne v,F k) ,,;IC a L 2 Owner mailing address: -iC. ax 1004 c,kcf ejAc r (: F L, 3-1973 3 1 Name of applicant(s) if other than owner , le i_ 4_ e 6e v_f 4 Applicant mailing address: 7 /3x I ciI y cite eL 17c& e1 /7 . jin7 4a e-mail address: e,d- 1 v./7e v./7e li V0.►i14 , C of] J ,,,, J me (( /y4e kpav, ✓l e-avi 5 laQ , Name of contact person (state relationship): Reber d ( 4 e I ✓, c e ? r y e , . 5 jc .. 6 7 Contact person daytime phone(s): %,3_ 7(„3 _ 7373 PROPERTY INFORMATION Property address /directions to property: ,5z)3 Ai [,L✓) n/ "k- S'--, GlcMe 4 v Let , cf. ,34/97a 8 Describe current use of property: M 0. k (t C,'k . OP ApiftcJ4- (4' c VVL i ct_ r1 C r - 4-P_ . 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. 4.5eha...t i- pia_ , LGLA -ir01 0 CCL...A., r..i, 'I t4 cz (, s • S.' I0 b0 °4 Q / S1-or cicak ((2rcx r�' j° ra -� i'in C i f Is©40,1s i eCAti r e4e Pled -AA- ,.odt coe, vcl C'iii,.L_. 7 149A,'trt'u_A,a.c�v _e, ue'o Shoes n 1 of% c-t- to ,a.� .l Al G / Source of potable water: Q 11 A Method of sewage disposal: Q(j4 10 Approx. acreage: 0 („q l le o 4c. Is property in a platted subdivision? k / p s 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: ILO 12 Is a pending sale of the property subject to this application being granted? )(p 13 Describe uses on adjoining property to the North: North: Pc,bl;� # T A c i I; 4i(t '7) East: _End u5IY,C`' (OH4016 05 pike, /9/etvi South:.Zncl us-1 rr cd (C sx) West::td u s 4 r, a.I coe rode C3, -sin Du.-1- povrtS' 14 Existing zoning: _tad as4r,' Future Land Use classification ill d Us,r,,ed 15 Have there been any prior ezoning, special exception, variance, or site plan approvals on the property? ( ) No ( 7)Yes. If yes provide date, petition number ancj nature of approval. Afp 4# 1 ea—OD 1 -3 , A pox, Vos-/ /4/ /a .63 - pew aip k i' 4- ` 16 Request is for: ( ) Rezone (84 Special Exception ( ) Variance 17 Parcel Identification Number: .3 _ IS -3 7 - 3S - 0O I C - UD`-1 SC) _ Uc1 D (Rev 01/12) Page 1 of 11 ,°r9 P «E- /v Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 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: cIAL. a S'ec cock Si /0 53' h1•Sic. , `f 1� `�- C. Doc re t¢. l°ta,,i '�o S.� ✓c' r /i� r7sLL 6(u e if Iecat{ j i'u e 'iereit 4 Ref. se - q0- 3'4-3 (b) J 19 Non - refundable applicatiori 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. V 20 Last recorded warranty deed: ✓ 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 4hree property surveys (one no larger than 11@1 x 170 containing: ✓a. certified boundary survey, date of survey, surveyor-s name, address and phone number /b. Legal description of property pertaining to the application 7a (t' v� ( 1 ok ✓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 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: - Adding an additional silo to the existing concrete plant, It will stand 52' high. sec. Rfs- .343(8 Are there sirnilar uses in the area? No LA Yes If yes, briefly describe them: The concrete plant is currently in operation, The asphalt plant sits just to the east with a 65' silo in place. Further east of the property are feed silo's that extend approximately 100' + \- in the air. 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: - We expect no change in the nature of the business, presently we employ 18 people and our normal hours of business are 6:30 AM to 4:30 PM Monday thru Friday. In the immediate vacinity of the silo, Concrete trucks will pull under the existing silo to load with ready mix concrete. We do not anticipate any added traffic, we are just striving to create a more efficient workplace. 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 CD70:191 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. The operation will remain the same 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The additional silo is designed as added storage capacity for fly ash. This business has been operational for many years and has been and will continue to be comparable to the surrounding area. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. No visual screening is necessary this is an industrial site. 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. There is no change expected. The proposed silo is for storage capacity for fly ash use in the concrete plant, and will be modified with the lastest safety standards. 5. Demonstrate how the utilities and other service requirements of the use can be met. Silo will not create any extra utility services 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. We do riot anticipate any additional traffic to be generated. (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. According to the Comprehensive Plan, Industrial Use Permits large scale manufacturing which is currently in use and will not change with the additional silo to the existing concrete plant. 2. The use is specifically authorized as a special exception use in the zoning district. LDR's state that special exception is required for the height of the silo in excess of 45' 3. The use will not have an adverse effect on the public interest. There will be no further adverse effect as there is currently an operational silo in place we are only installing an additional silo. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. There will be no change in the location of the additional silo. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. There will be no adverse effect on adjacent property. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. This addition will have no further impact on any adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Density has no bearing on the silo height. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This is a silo addition only and will not create any further traffic, flooding, drainage or public safety issues. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev Ol /12) Page 9 of 11 This Instrument was prepared by: STEVEN F. SQUIRE, Esq. 625 Northeast Third Avenue Ft. Lauderdale, Florida 33304 Parcel I.D. No. 3- 15 -37 -35 -0010- 00460 -001A 3- 15- 37 -35 -35 -0010- 0450 -0010 2 -16- 3735 -0A00- 00003 -A000 3-15-37-35-0010-00450-001A WARRANTY DEED 11111111111111111111111111111111111 iF I LE Nu1"1 200700 OR ELK 00627 PG SHARON ROBERTSON, CLERK OF CI OK.EECHOBEE. COtJNTYr FL RECORDED 04/09/2007 10:47:36 RECORDING FEES 27.00 DEED DOC 10r675.00 RECORDED BY 66 Mewhourn Pss 1092 - 1094; ( ss) This Indenture, made this 4Z:1:lay of March, 2007, between GLOWACKI FAMILY ENTERPRISES, INC„ a Florida corporation, whose post office address is 2 Greglen Avenue, PMB 54, Nantucket, MA 02554, grantor, to OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation, whose post office address is 503 NW 9th Street, Okeechobee, FL 34972, grantee, Witnesseth that said grantor, for and in consideration of the sum of Ten and no /100 Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: See Exhibit "A" Legal Description SUBJECT TO restrictions, easements and limitations of record, if any and zoning and other govemmental regulations and restrictions and Real Estate taxes for the current year and subsequent years. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND 70 HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. 440 4975 109'2 RCUIT COURT Atf In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: c c ,b,a, L iJfco Pnnt Name ► "fvNtM LP4kSi RO Print Name S -te u e , a ow' STATE OF MASSACHUSETTS ) )SS: COUNTY OF NANTUCKET ) GLOWACKI FAMILY ENTERPRISES, INC., a Florida corporation By: Kim Glowacki, its President The foregoing instrument was acknowledged before me this 025ty of March, 2007, by Kim Glowacki, as President of GLOWACKI FAMILY ENTERPRISES, INC., a Florida corporation, who is personally known to me or who has produced pAA. 041-4.e44,3 etc, as identification. Notary Public Print Name: Commission #: My commission expires: i ERTYL V. JOHNSON, JR., Notary Public kV Commission Expires June 20, 2009 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: R3- 15 -37 -35 -0010- 00460 -001A LOTS 1 TO 6 INCLUSIVE; LESS THE SOUTH 20 FEET OF LOTS 1, 2 AND 3; LOTS 7 TO 14, INCLUSIVE; THE NORTH 40 FEET OF LOT 15; THE NORTH 84.5 FEET OF LOTS 17 TO 21; AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 TO 21; ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel 2: R3 -15 -3735 -0010 -00450 -0010 LOTS 1, 2, 3 AND 4, BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel 3: R2- 16- 37- 35- OA00- 00003 -A000 THE EAST SIXTY (60) FEET OF THE FOLLOWING DESCRIBED LAND; BEGINNING AT THE NW CORNER OF BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET, THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO 200 FEET TO THE NORTH L1NE OF SEABOARD AIR LINE RAILROAD RIGHT -OF -WAY; THENCE EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 45, THENCE NORTH ALONG THE WEST SIDE OF SAID BLOCK 45,200 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING A PART OF TRACT MARKED "RESERVED" AND A PART OF THE FORMER, BUT NOW ABANDONDED, FLORIDA EAST COAST RAILWAY RIGHT -OF -WAY. Parcel 4: R3- 15- 37 -35- 0010 - 00450 -001A THAT PORTION OF NW 7TH AVE LOCATED SOUTH OF NW 9TH STREET, BETWEEN BLOCK 45 AND BLOCK 46, CITY OF OKEECHOBEE, COMPRISING NW 7TH AVENUE FROM THE SOUTH BOUNDARY OF NW 9TH STREET, RUNNING SOUTH TO THE RIGHT -OF -WAY OF THE SEABOARD LINE RAILROAD TRACKS. ABOVE DESCRIBED PROPERTY VACATED BY THE CITY OF OKEECHOBEE BY ORDINANCE #641, DATED NOVEMBER 5, 1991, RECORDED IN OFFICIAL RECORDS BOOK 328, PAGE 114, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. �L� \e, ft' Fund Attorneys' Title Insurance Fund, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm- Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of .information that it collects about you and th`e.c- tgories. of persons or entities to whom it may be disclosed. In compl . nce with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys' Title Insurance Fund, Inc. 1. INFORMATION WE COLLECT :: We may collect nonpublic personal information about you from the following sources: • information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our fries, or from our affiliates or others. • Information we may receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. 2: INFORMATION W.F. DISCLOSE TO TM') PARTIESA$FEIMITTED BYLAW: We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE. THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 3. OUR PRACTICES REGARDING INFORMATION CONFIDENTL4LITYAND SECURITY: We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information ATTORNEY'S TITLE INSURANCE FUND, INC. Owner's Policy SCHEDULE A Policy No: OPM- 2928138 Effective Date: May 22, 2007 at 11:00 PM Agent's File Reference: 07 -0122 Amount of Insurance: $1,525,000.00 1. Name of Insured: . OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument dated March 28, 2007 and recorded on April 9, 2007 in Official Records Book 00627 at Page 1092 of the Public Records of Okeechobee County, Florida. 3. The land referred to in this policy is described as follows: See attached Exhibit "A" ISSUED BY: STEVE E. MOODY Moody, Jones, . Montefusco, Ingino & Morehead, P.A. 1333 S. University Drive #201 Plantation, FL 33324 Agent No. 5029 Agent's Signatur American Land Title Association Owner's Poll - 10 -17 -92 (With Florida Modifications) OWNER'S TITI.R INSURANCE POLICY Attorneys' Title Insurance Fun, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Attorneys' Title Insurance Fund, Inc. By OPM Charles J. Kovaleski President SERIAL 2928138 FUND FORM OPM (rev. 3/98) EXCLUSIONS FROM COVERAGE The foliowiri.�ztiaties are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage, costs, attorneys' fees1 or expenses *filch arise by reason of: 1.. (a1 Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) fe.Strutting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resultingfrom a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; - (b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy: 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) " insured ": the insured named in ScheduleA, and, subject to any rights or defenses The Fund would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors (b) . "insured claimant": an insured claiming loss or damage. (c) "knowledge "'or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term land" does not include any property beyond the lines of the area described or referred to in Schedule A, or arty light, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument (f) "public records ": records established under state statutes at date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions from Coverage, "public records" shall also indude environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is Located. - (g) "unmarketability of the title ": ari alleged or apparent matter affecting the tide to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of . a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given bya purchaser from the insured, or only so long as the insured shall have Liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser • from the insured of either (i) all estate or interest in the land, or (ii) all indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notify The Fund promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is . adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which Thec Fund may be liable by virtue of this policy, or (iii) if title to the estate o interest, as insured, is rejected as unmarketable. Ifprompt notice shall not be given to The Fund, then as to the insured all liability of The Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify The Fund shall in no case prejudice the rights of any insured under this policy unless The Fund shall be prejudiced by the failure and then only to the extent of the prejudice. 4. • Defense and Ftosecution of Actions; Duty of Insured Claimant To Cooperate • (a) Upon written request by the insured and subject to the options contained in Section 6 o these Conditions and Stipulations, The Fund,' at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Fund shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Fund will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which • allege matters not insured against by this policy. (b) The Fund shall have the right, at its own, cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Fund may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If The Fund shall exercise its rights under this .paragraph, it shall do so diligently. (c) Whenever The Fund shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, The Fund may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose, Whenever requested byThe Fund, the insured, at The Fund's expense; shall give The Fund all reasonable aid (i) in any action or proceeding.; securing evidence, obtaining witnesses, prosecuting or detendirig•the action or proceeding, of effecting settlement, and (ii) an other lawful act whicl7� in the opnii.oix: of The Fund may be .__ _. necessary o£_desirable. tq. estai7i%sh tlr:e title: fo th.4 estate or interest as insured ins.nrede If The Fu is is rrejud`iced by the failure p# the insured to #°urzish, tive tegutte icooperatioti; The Fund's qb1% anpfis to the • ujsured nn 1 die ptsiiJ i;halt terminate;- irrcluduig any ltaliility or ofili t onto,. n o rr nuen liti up t,witre _nat tek oig_ aYeisregiint S YC1 coop rati on; d. roof g£ Loss oi; Dapcnagci r additiontoand.after tie#}.cotesrequired tmeterSettion. ofthese LoirditioAs ain $tipu1aii„ons•liaveben; pzgnded Thy F'itrid; a;proofof Toss or clainage s gne4 .and sv b a to by the trt"suxec% c1a411144 sh'a13 be fi rtrislted to The Fnrtd within 90! days after the inSur d Claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other niatter insured againstby this poligy*hich constiwtes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage, If The Fund is prejudiced `by the failure of the insured claimant to provide the required proof of loss or damage, The Fun`s obligations to the insured Wider the policy shall terminate, incltidin .iny ftabiliry or obligation to defend; prosecute, orcorltinite aioylitigati o, with regard to the matter or matters regithitt'g suc% prof of Io < r datlage. Inadditiort, tho insuredclaiiitarttni yreasonably rtquire4Cost limit to ex unrinatiorn nf;de oath by Ail authorized :#e r# eseijt Iuy of The Fund and shall p:rgdutc £Qt .xatolodo ifl pe. t tin and 1atitiybngg such reasonable tulle and $lakes as inlay • be ilesigi atcit • ant utliz rized representative o funds ;ze i h • wmorand* wheiher ati a e:l e e or after Date of poli y, wh.ic i to t} a 1 peat to c loss a damage,: Furth r,ifre tst.e.t byanvatiilxo i'ae. ,rept? iita heoft F l I to insured. dalt.4441,i sltal) Orit a poi ilZ ssl! tt zn. Wang`, t' 'M O' rized zeppres yve of `1 %0 F iixd to ;exatitp n , nspec grid' cop ,i. records, books, ledge , chOk,S* co esp't?n(Ience :44 Vernotggin in the custody or control ofathii, p: arly,w3uelircasonahlypedantothe loss or dainage, Au information 4esign4fed as •0•4640:01 1A by the insured claimant provided to The rood 1510$1•10,11 to this Section shall not be disclosed to others unless, in the reasonable jndgmcnt of-The Fund, it is :necessary in the administration of the clam}.. Failure of the insured claimant to subin it for exami nation under oath, produce other • reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this . paragraph shall terminate any liabilityof The Fund under this policy as to that claim. 6. Options To Pay or Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this op, don, .all liability and obliga- tions to the insured under this policy, Other than to make the payment required, shall termminate; including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Pay or Otherwise Settle With Parties °ther than the Insured I or With the nsured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred • correspondence and by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay; or (ii) to pay or otherwise s e.ttle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate; including any liability or obliga- tion to defend, prosecute or continue any litigation. 7. Determination; Extent of Liability and Coinsurance This policy is a contract of inde.rnnity against actual monetary loss or damage sustained + Or incurred by the insured claimant who has suffered loss. of damage by reason .of matters insured against by this policy and only to the extent herein ciestribed. (a) The liability of The rand under this policy shall not exceed the least (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference betwaee!t the value of the insured estate or interestas insured and 0-revalue ofTAW insured estate or interestsubject . tQ the defect, lien or enellinbrance insured against by this policy. (6) (?`hssparag,-aph,dealingu ithCoi surancewasremovedfroiriFlorida policies.) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section. 4 of these Conditions and Stipu- lations 8. Apportionment •If the land ::d ribed in Schedule A consists of two or more parcels Which are notused as a sxn !e sitets 3d a 1:oss is established affegiq one or indre of th.OP4rce. ls 1Mritatal14 loss sl►a11 be computedatltlsettled on a pr9 rarta basig afi o as t of rnsurance under thispo$cy was deyi_dedpro r'xta 2ts to hev 4lue .tT X?: tt- of'Folicy of each s.eparateparcel try the Whole, e?fcltistvn cif40043rOAktikents made ObsegilOfttfti Date of Pot q; ut►less:a lts„bility'S7r'k410. hagutk►.erwise been agreed upon as `€oo Moll, liateY by Itio Filet ft.d (it iitsixred at the time of the ts$ttance .404 polity uat shoo cyan 0. g3s.staternentorbyanendo, exnent attalied tis this po y :• nolit.404 of )l iabilsty ( Ali* '' tlnrd. esttilyiish' esthe ado, or removes the allegeddefect )i-41 %ren. lian,0tocaxxes itlaeltofarightofaccesstoorfromthe 1at d, ors )tf a .clatin of iiid_ioar14etability of title, all as insured, in a reasool y ddigotit manner by.aiiy method, including litigation and the cotnpletion.of any appeals therefrom, it shall have fully performed its vbaigatiprts with respect that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund nd shall have no liability for loss or • damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the tide as insured. (c) The Fund;;shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any Maim or suit without the prior written consent of The Fund. 10. Reduction of Insurance; Reduction or Termination n(LfiT ility All payments under this policy, .except payments Made fort ensts, attorneys' fees and expenses, shall reduce the at-noun:Of ei'mu once pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurarAtb under this policy shall be reduced by any amount The Fuxid hiay pad ti;rtder any policy insuring a mortgage to which exceptiorr is raluett ti3 SchednleTi or to which the insured has agreed, assumed, or taitettsAject, gz vrhich is hereafter executed by an insured and which is a charge oit%ien: oi[.thei estate or interest described or referred to in ScheduXi x A, rand the amount so paid shall be deemed a payment under this f5olicy to tC: insured owner. 12. Payment of Loss • (a) No payment shall be made without producing- this polforfor endorsement of the payment unless the policy has been 1pttst stroyed, in which case proof of loss or destruction shall befiuririisTiect to the satisfaction of The Fund. (b) When liability and the extent of loss or damage has' beea definitely fixed in accordance with these Condition's: anti stptlatioris,, FUND OWNER'S FORM SCHEDULE B Policy No. OPM - 2928138 This policy does not insure against loss or damage by reason of the following exceptions: 1. Okeechobee County taxes for the year 2007 and all subsequent years which are not yet due and payable. 2. All matters contained on the Plat of Okeechobee County, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. 3. Oil, gas, mineral, or other reservations as set forth in deed by Okeechobee County Land Company recorded in Deed Book 8, Page 559, and Deed Book 8, Page 560 Public Records of Okeechobee County, Florida. No determination has been made as to the current record owner for the interest excepted herein. The rights of entry and/or exploration have been released or eliminated as of record. 4. Reservations contained in Deed recorded in Deed Book 42, Page 47, Public Records of Okeechobee County, Florida. 5. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 6. Mortgage in favor of Bank of America, NA, a national banking association, executed by Christopher M. Lynch, President of Okeechobee Asphalt & ready Mixed Concrete, Inc., a Florida corporation dated May 16, 2007 and recorded May 18, 2007 in Official Records Book 00630, Page 1171, of the Public Records of Okeechobee County, Florida, in the principal amount of $429,000.00. 7. UCC in favor of Bank of America, NA, a national banking association recorded in Official Records Book 00630 at Page 1193 of the Public Records of Okeechobee County, Florida. EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: R3- 15 -37 -35 -0010- 00460 -001A LOTS 1 TO 6 INCLUSIVE; LESS THE SOUTH 20 FEET OF LOTS 1, 2 AND 3; LOTS 7 TO 14, INCLUSIVE; THE NORTH 40 FEET OF LOT 15; THE NORTH 84.5 FEET OF LOTS 17 TO 21; AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 TO 21; ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel 2: R3- 15 -37 -35 -0010- 0.0450.0010 LOTS 1, 2, 3 AND 4, BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel 3: R2- 16- 37- 35 -0A00- 00003 -A000 THE EAST SIXTY (60) FEET OF THE FOLLOWING DESCRIBED LAND; BEGINNING AT THE NW CORNER OF BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET, THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO 200 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT -OF -WAY; THENCE. EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 45, THENCE NORTH ALONG THE WEST SIDE OF SAID BLOCK 45,200 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING A PART OF TRACT MARKED "RESERVED" AND A PART OF THE FORMER, BUT NOW ABANDONDED, FLORIDA EAST COAST RAILWAY RIGHT -OF -WAY. Parcel 4: R3- 15- 37 -35- 0010 - 00450 -001A THAT PORTION OF NW 7TH AVE LOCATED SOUTH OF NW 9TH STREET, BETWEEN BLOCK 45 AND BLOCK 46, CITY OF OKEECHOBEE, COMPRISING NW 7TH AVENUE FROM THE SOUTH BOUNDARY OF NW 9TH STREET, RUNNING SOUTH TO THE RIGHT -OF -WAY OF THE SEABOARD LINE RAILROAD TRACKS. ABOVE DESCRIBED PROPERTY VACATED BY THE CITY OF OKEECHOBEE BY ORDINANCE #641, DATED NOVEMBER 5, 1991, RECORDED IN OFFICIAL RECORDS BOOK 328, PAGE 114, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 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): Christopher M. Lynch Mailing Address: P.O. Box 913, Falmouth, MA 02541 Home Telephone: 508 - 548 -1800 Work: 508 - 548 -1800 Veil: 508 - 564 -1587 Property Address: 503 NW 9th Street, Okeechobee, Florida 34972 Parcel ID Number: 3- 15- 37 -35- 0010- 00450 -0010 Name of Applicant: Robert P. Gent Home Telephone: 863 - 763 -7373 Work: 863- 763 -7373 Cell: 863 - 697 -2621 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 WITNESS WHERE • F THE UNDERSIG` DA •F /A A,IC U I : D HAVE SET THEIR HAND AND SEALS THIS q i- OWNE' WITNESS Christopher M. Lynch, Pre •de t /Owner OWNER Before me the undersigned authority personally appeared the owner(s) acknowledged before me that they are the owner(s) of the real property power of attorney for the purpose stated therein. Sworn and subscribed Notary Public: ' ` • c SEAL WITNESS named above who upon being duly sworn described above and that they executed this / t kday of (A let/t e k 2013 the " " '° JACQUELINE J PALMER - • ;' *c MY,COMMISSION # EE024035 • ? 4IFf EXPIRES September 07, 2014 53 Ewidati^tarySarviro rnm Commission E pi 's: 1/ MEN, t( W 4434I (Rev 01 /I2) Page 5of11 www.sunbiz.org - Department of State 'LORI. A DEPARTMENT O TATE DIVISION OF CORPORATIONS Home Contact Us Previous on List Events Next on List E- Filing Services No Name History Return To List Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Document Searches Page 1 of 2 Forms Entity Name Search Submit This detail screen does not contain information about the 2013 Annual Report. Click the 'Search Now' button to determine if the 2013 Annual Report has been filed. Search Now I Filing Information Document Number FEI /EIN Number Date Filed State Status Last Event Event Date Filed P07000032499 208610499 03/13/2007 FL ACTIVE AMENDMENT 05/01/2007 Event Effective Date NONE Principal Address 503 NW 9TH STREET OKEECHOBEE FL 34972 US Mailing Address P.O. BOX 1994 OKEECHOBEE FL 34973 US Changed 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE FL 34972 US Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer /Director Detail Name & Address Title PD http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_number... 3/7/2013 www.sunbiz.org - Department of State Page 2 of 2 LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT MA 02635 Annual Reports Report Year Filed Date 2010 03/30/2010 2011 04/13/2011 2012 01/19/2012 Document Images 01/19/2012 -- ANNUAL REPORT 1 04/13/2011 -- ANNUAL REPORT I 03/30/2010 -- ANNUAL REPORT 03/03/2009 -- ANNUAL REPORT 01/16/2008 -- ANNUAL REPORT 1 05/01/2007 -- Amendment 03/13/2007 -- Domestic Profit Previous on List View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Next on List Return To List Events No Name History Entity Name Search 1 Home I Contact us I Document Searches 1 E- Filinq Services 1 Forms 1 Help 1 Copyright C and Privacy Policies State of Florida, Department of State Submit http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq doc_number... 3/7/2013 GRAPHIC SCALE ( IN FEET ) t Inch 40 (t 'END. IR /C (5178), r W 10 Y O N89'50'37 "E(C) 90 00'(D)(C) SET IR /C N 1061011 46 E 708916 56 F N D 5/6' 13 /0 `HOOVER) S25.11',2"11. 1 ' 5/8' IR /C (12'6 ENO 5"a2'59 "W 8 0 0 D 5/9 (D IR (ID S3A•1o12'w O16' ac, END. F D.O.T. 4f x4 "CONC RW MONUMENT 1 V- °o NW 9th STREET KEY MAP NO SCALE FND F O O T 4 "x4 "CONC RW MONUMENT NW 5th AVENUE 989'50138 "E (ASSUMED EARING 6ASIS) 01 CC VIo W < 0 0 00 U 01 z Q m w , 0 S SET I9 /0 N 1060811 46 E 70891708 FET ` AREA ENTI0J ANEL b WAML4 • P M J a Csl 01 Q > END CLnyp O O N . CDNC O h z A EELE NE 392 68 (C)(D) $9•5-0'3/ "E(CXDY SWALE Pa E PAR tL BLOCK C — BL 45 B PLATTED LOT 0 LINES (TYP ) ASPHALT DEBRIS PILE ASPHALT 92 TB u.osCAPf (mAvr, i CDNC RETAINING WALL CSYC 1 c85Y •'MAMTENANCE�T- — L --- -- 52.50'(C)(D) CONC (RUC ASH AREA RETENTON 7082 :V PARCEL 2 1 STORY 1 RAMP 1 2 OFFICE J 2.300 ACRES WATER n � iCg1C rgar,\ / a 4-�Tloo I ° ■f I WCD^ STEPS WOOD SEEDS -I }' T 4 TALL RAISED GONG PLATFORM qua -Iq. CONC PARCEL 4 I- 1 CBS. O TROCU LOADING 0100 ON CONC � v m n 0,7),C) S89'50 317"W(C)(D) 210.00'(C)(D) RESERVED (P) — N00'09'23 "W(C)(D) 40.00'(C)(D) MATERIAL) IISTORAE BINS TB NW 9TH STREET (FIELD) BENCHMARK NO 2 - FIFTEENTH AVENUE (P) TDP Or PK NAT_ GISK $ ELEVATION 30 39 FEET SET IR /C SET IR /C SWALE \ _N 1861012 89- --- - - 106fi8T273 - E 709369 06 MP 1 E 709384 06 N89'50 37 "E° w S) NN &6 JR 64<8 551890 4444<8 S: VN 0.e n ( c 014 IOW Re NW: VA 54 NW0F'PA •'3 3 NW •:T, v '4412 oh ER Ns 119 Se NSW' 1:18 �d NE,t691 RW In. 5, 64, 89h bt NW SP St N¢ *65I E] k4,16, Z er, NE VI xam 99-9,31 Co)c a 640 PIN. 9< LOCATION MAP NO SCALE 9L NC2MARK ND 1 OF NAIL E_LVA IIDN 2987 FEE' C — _ SWALE .e' CUP ■ XL) �I AREA HOG WIRE FENCE -1 AT TOE OF SLOPE\ ) „I 1'-' v� U_ `l /o Ivc1— — 00-d'a Q i --t-'} —_ ASPNAL I2� At N T,I W DAD\C ? u 0050 -. RAM[ Q Foo'rR ,•' �Cij 3 -r1-'1..11)„,,Q. R. 0) Q1'`rly/ SET PK /D O ap QI I .��5 N 1060812.03 -- -- -- taz sa(Ppc) 0-0'2', E 709127.08 Z z10 2 C WIDE 111 �CONG MATERIAL o STORAGE BINS 17 CONC RETAINING WALL 1 STORY ALUMINUM STORAGE ASPHALT .dl ASPHALT SCALE', Ira ' ' WIDE CONIC :RAMP ,e� 1 .,;P '`1'07C 7 4 2.208 'ACRES 1 STORY ALUMINUM STORAGE - !' 1 <( aaIT),T) )III 1y DIESEL TANKS ) 4_ T9 AnE13 _ so00(81(0 12' D'A TANK 21( r,1' DMA (ANY I '--CO,C PAD rvoo�r, rcl Pnc1:� T ,�co (Puy, ASCH ALT ONc AAC LC( C K L o DESCRIPTION (SUPPLIED BY CLIENT) PARCEL 1. LOTS 1 TO 6 INCLUSIVE; LESS THE SOUTH 20 00 FEET OF LOTS 1, 2 AND 3, LOTS 7 TO 14, INCLUSIVE; THE NORTH 40 00 FEET OF LOT 15; THE NORTH 84 50 FEET OF LOTS 17 TO 21; AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 TO 21, ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PARCEL 2- [075 1, 2, 3 AND 4, BLOCK 45. OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA PARCEL 3' THE EAST SIXTY (60 00) FEET OF THE FOLLOWING DESCRIBED LAND; BEGINNING AT THE NW CORNER OF BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA, RUN WEST 150 00 FEET TO THE EAST LINE OF TUSCALOOSA STREET, THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO 200.00 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT -OF -WAY; THENCE EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 00 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 45, 200 00 FEET TO THE POINT OF BEGINNING SAID TRACT BEING A PART OF TRACT MARKED "RESERVED" AND A PART OF THE FORMER, BUT NOW ABANDONED. FLORIDA EAST COAST RAILWAY RIGHT -OF -WAY PARCEL 4. THAT PORTION OF NW 7th AVE LOCATED SOUTH OF NW 9th STREET, BETWEEN BLOCK 45 AND BLOCK 46, CITY OF OKEECHOBEE, COMPRISING NW 7th AVENUE FROM THE SOUTH BOUNDARY OF NW 9th STREET, RUNNING SOUTH TO THE RIGHT -OF -WAY OF THE SEABOARD LINE RAILROAD TRACKS ABOVE DESCRIBED PROPERTY VACATED BY THE CITY OF OKEECHOBEE BY ORDINANCE #641, DATED NOVEMBER 5, 1991, RECORDED IN OFFICIAL RECORDS BOOK 328, PAGE 114, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SET 1R /C N 1060772 03 E 70912719 15 F'd r c N7 mi BLOCKS (MOVABLE; D 9 IIm 40708( AL STORAGE BINS `0 21 I',7L-,CONC ° SET PK /D 0 N 1060893.72 E 709746.87 4 3 CONE 2 1 STORY , ALUMINUM) BUILDING 89 0'37 "W J(C)(D) ( 5d.00'(c1 fSOUTH 20.00'(0)1 (LESS PARCEL) 1 -- SET IR /(i N 1061014.13 7098916 56 W U a o LTA 3 E CV O W W N O w o \ >§- P N 080(A001 54 00' 8 (01 - 9'50'37 "W(C)(D),I;" �0Q00 (CXD_� zo DD' O�SET PK/1D O N 10608173 45 O A E 70964(6 92 O O ET1 0 O 23 ov 589'50'37 "W(C)(� 242.50 ")M) -_ /, ( )( )N ( )( ) ,z"'"s' 5ET IR /C 1889'50'37' W C D 262.50' C D SET IR /C RW LINE ID DO SET 107 .-N 1060768 23, Rw LINE -- N 1060768 95 I LDT 15 N 1060772 69 E 709380 70'1 == 1 ° E 70964720 E 709369.69 ;;;E r' �. END 5/8" IR(C (ESE 4729) S E A B O A R D A I R L I N E E R AI'JI L R 0 Ali, D 1 N07.37'26'W 10.56' <<',870, 1 a' '.8YEI s.4,.P)t) c0(4),) LEGEND (P) PLAT DATA (0) CALCULATED FROM FIELD MEASUREMENTS (D) DEED P 0 C POINT OF COMMENCEMENT P 0 B POINT OF BEGINNING P 0 T POINT OF TANGENCY L B LICENSED BUSINESS PRM PERMANENT REFERENCE MONUMENT 14/C 5/8" IRON ROD & CAP STAMPED "L87673" C M CONCRETE MONUMENT R IRON ROD ORB OFFICIAL RECORDS BOO( P8 PLAT BOOK PG PAGE D CENTRAL ANGLE • RADIUS L ARC LENGTH C8 CHORD BEARING CD CHORD DISTANCE UGC UNDERGROUND ELECTRIC UG AT &T UNDERGROUND AT &T R/W RIGHT OF WAY A/C AIR CONDITIONING CBS CONCRETE BLOCK STRUCTURE WM WATER MAIN IF 11 PUBLIC UTILITY EASEMENT D.E DRAINAGE EASEMENT O E UTILITY EASEMENT CENTERLINE PROPERTY LINE No. NUMBER TYP TYPICAL N A 00 NORTH AMERICAN VERTICAL DATUM EL ELEVATION CL CHAIN LINK DIA DIAMETER CONC CATV SO FT INFO TOB OHU SV CV WV N N rT 1 1 X CONCRETE CABLE TELEVSION SQUARE FEET INFORMATION TOP OF BANK OVERHEAD UTILITIES SANITARY VALVE GAS VALVE WATER VALVE IRRIGATION VALVE FIRE HYDRANT WELL WATER METER WATER BACKFLOW PREVENTOR DRAINAGE MANHOLE SANITARY MANHOLE HAND HOLE FIBER OPTICS JUNCTION 80X ELECTRICAL JUNCTION 600 CABLE TV JUNCTION BOX WOOD POWER POLE 0ON08ETE POWER POLE SIGN SANITARY CLEAN OUT NORTHING (OR NORTH) FASTING (OR EAST) DRAINAGE STRUCTURE (CURB INLET) CHAIN LINK FENCE 800 WIRE FENCE NOTES �S00'09`23 "E0'(C)(D) ALLEY (P1 20.00'OD) SET IR /C N 106087372 E 709746 92 24 AREA CALCULATIONS PARCEL 1 29933 ACRES PARCEL 2 0.689± ACRES PARCEL 3 02753 ACRES PARCEL 4 05513 ACRES TOTAL 4 508± ACRES 22 J JI SET IR /C I N 106089 13 1 F 709896 87 I I I) NOT VALID WITHOUT THE 51GNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 2) ADDITIONS OF DELETIONS TO SURVEY MAPS OR REPORTS, BY OTHER THAN THE SIGNING SURVEYOR 15 PROHIBITED, WTHOUT CONSENT OF THE SIGNING SURVEYOR 3) DE506)40ON SHOWN HEREON PROVIDED BY CLIENT AND /OR THEIR AGENT 4) THE LAST DATE OF FIELD WORK WAS SEPTEMBER 25, 2012 5) LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THIS OFFICE FOR RIGHT -OF -WAYS, RESERVATIONS, AGREEMENTS, AND /OR EASEMENTS OF RECORD SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION 6) BEARINGS SHOWN HEREON ARE RELATVE TO THE NORTH LINE OF NW 9th STREET HAVING A BEARING OF N 89'50'37" E (ASSUMED) 7) UNDERGROUND UTILITIES, UTILITY SERNCES, FOUNDATIONS AND IMPROVEMENTS WERE NOT LOCATED AS A PART OF THIS SURVEY 8) TOTAL PARCEL CONTAINS 4 508 ACRES, MORE OR LESS 9) TO MAKE THE MAP LEGIBLE THE SYMBOLS SHOWN HEREON AND AS DESCRIBED IN THE LEGEND ARE NOT ALWAYS TO SCALE, BUT INDICATE THE SURVEYED LOCATION 11) NORTHING /EASTING 000901NATE5 SHOWN BASED ON NAB 83 STATE PLANE DATUM (FLORIDA EAST ZONE) 12) ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVO 68) AND REFERENCE NATIONAL GEODETIC CONTROL POINT -0 503 X7 HAVING AN ELEVATION OF 2399 FEET MICHAEL T OWEN PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION 4(5556 SIGNATURE DATE - JCN d , -1211 SHEET NO.: 1 1 OF : 6 6 1 20 22 23 24 25 26 NW 11TH ST 8 3 19 7 25 20 6 5 4 3 2 21 22 23 24 25 26 NW 10TH ST 3 8 7 5 4 3 2 1 41 18 19 20 21 22 23 24 25 26 10 9 8 7 6 5 cIZ R u, •vZ' c1 17 18 19 °a°RG C121 22 23 24 25 26 2 3 4 5 6 7 9 10 7 8 11 6 5 4 3 2 7 8 9 10 11 12 6 5 4 3 2 PST MISSIONARY BAPTISTC KOCH OF DEANS COUR, INC 'O,o,,tge2 «1We¢ 10 0 .251 Z o0440-00x 08 NW 8TH AVE 5 6 5 6 7 18 19 20 21 22 23 24 25 26 h7P 2 3 27 4 5 6 SUBMAINTENANCE YARD 2 3 40 4 11 2 3 4 5 16 12 3 14 5 6 16 10 9 8 7 6 5 4 3 2 1 18 17 18 19 20 21 22 23 24 25 26 sag x 17 18 19 20 .4:2=25 23 24 25 26 NW 9TH ST 1 11 3-1 37 -35 -0010 -00450 -0010 OKEECHOBEE ASPH T & READ ?MIX 503 NW 9TH REET 45 OKEECH EE 13 FL349 4 14 5 8 18 3- 15- 37 -35- 0010 -00450 -0010 OKEECHOBEE ASPHALT & READY MIX 10 9 8 5073 NW TH URErT 3 2 1 OKEECHOBEE FL34972 46 17 18 19 20 21 18 22s:,i°e : rg, 26 2505 MYST. " 0° 2-*3l95.4 Oasm3o ASSESSED BY DOR CO CU CORPJACKSONVILL NW 5TH AVE 4 15 16 17 18 19 20 21 22 23 24 3 12 11 10 9 8 7 29 5 4 3 4 15 16 17 18 19 20 21 22 23 24 NW 10TH ST 13 12 11 10 9 8 7 FL3°75z51 „ 38 14 15 16 17 18 19 20 6 5 4 3 21 22 23 24 13 12 11 10 MMLPOLE FEED AND SUPPLY CO 2397 MW 9TH STREET OKEECHOBEE 9 8 14 15 18 17 18 19 47 6 5 4 3 1 IA °r z g 5 rA 6 7 1 12 13 14 15 16 17 18 19 20 3 2 3 4 7 9 10 11 12 13 14 15 16 17 19 20 2 2 3 4 5 7 8 11 12 13 14 15 16 2 3 a 5 12 13 14 15 16 60 Legend SUBJECT PROPERTY WITHIN 100' THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION ILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON ANGELA JONES- FOWLER GISP Date:2/21/2013 wN� 7410 PIN_DSP OWNER NAME ADDRESS_1 , ADDRESS_2 ADDRESS_3 CITY NAME ST ZIPCODE 2- 16- 37- 35 -0A00- 00001 -0000 IVAN D DOVERSPIKE TRUST 9501 CONNER DETROIT MI 48213 2- 16- 37- 35 -0A00- 00002 -0000 SNELL BRUCE & PAMELA 3078 NW 34TH AVE OKEECHOBEE FL 34972 2- 16- 37- 35 -0A00- 00003 -0000 OKEECHOBEE ASPHALT & READY MIX 503 NW 9TH STREET OKEECHOBEE FL 34972 2- 16- 37- 35 -0A00- 00005 -0000 SALRY RR ASSESSED BY DOR (C /O CSX CORP 500 WATER STREET J910 JACKSONVILLE FL 332020000 -2--16-37-35-0A00-00011-0000 OKEECHOBEE COUNTY 304 NW 2ND ST OKEEHCOBEE FL 349720000 3- 15- 37 -35- 0010 - 00380 -0070 TANGLEWOOD LTD C/O A & M PROPERTIES INC PO BOX 5252 LAKELAND FL 338075252 3- 15- 37 -35- 0010 - 00390 -0010 ABNEY SELINA H 8272 SW 78TH LN GAINESVILLE FL 32608 3- 15- 37 -35- 0010 - 00390 -0170 ABNEY SELINA H 8272 SW 78TH LN GAINESVILLE FL 32608 3- 15- 37 -35- 0010 - 00400 -0070 TIITF /DOT SUBMAINTENANCE YARD % DNR DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE FL 323996575 3- 15- 37 -35- 0010 - 00410 -0010 LANE SAM 1702 NE 3RD ST OKEECHOBEE FL 349720000 3- 15- 37 -35- 0010 - 00410 -0030 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3- 15- 37 -35- 0010 - 00410 -0070 FIRST MISSIONARY BAPTISTCHURCH OF DEANS COURT, INC P 0 BOX 2400 OKEECHOBEE FL 349732400 3- 15- 37 -35- 0010 - 00410 -0110 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3- 15- 37 -35- 0010 - 00440 -0010 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3- 15- 37 -35- 0010 - 00440 -0030 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3- 15- 37 -35- 0010 - 00440 -0070 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3- 15- 37 -35- 0010 - 00440 -0110 OKEECHOBEE ASPHALT & READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3- 15- 37 -35- 0010 - 00450 -0010 OKEECHOBEE ASPHALT & READY MIX 503 NW 9TH STREET OKEECHOBEE FL 34972 3- 15- 37 -35- 0010 - 00460 -0220 SEABOARD COAST LINE RAILROAD %WALPOLE FEED & SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FL 34974 3- 15- 37 -35- 0010 - 00470 -0010 WALPOLE KEITH A 2850 SW 16TH ST OKEECHOBEE FL 34972 3- 15- 37 -35- 0010 - 00470 -0100 WALPOLE FEED AND SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FL 34972 3- 15- 37 -35- 0010 - 00610 -0110 UNITED FEED CO -OP, INC P 0 BOX 485 OKEECHOBEE FL 349730485 3- 15- 37 -35- 0010 - 00620 -0010 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3- 15- 37 -35- 0010 - 00620 -0110 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3- 15- 37 -35- 0010 - 00630 -0010 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3- 15- 37 -35- 0010 - 00630 -0110 SWEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3- 15- 37 -35- 0010 - 00650 -0010 EVERGLADES FARM EQUIPMENT PO BOX 910 BELLE GLADE FL 334300910 3- 15- 37 -35- 0010 - 00650 -0110 WHEELER BROTHERS INC PO BOX 1396 WINTER HAVEN FL 338820000 Petition No. 13-&o 3 - SE 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 re 19, (3 ! , / ; 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 07 /5F day of l✓s uG ✓ y , 4-03 Signature of Applicant 2 Name of Applicant (printed or typed) State of Florida County of Okeechobee alai /0 Date Sworn to and subscribed before me this / day of t !2 rue/ Ai , c-O/ 3 . Personally known to me or produced as identification and did not take an oath. ary 7 blic, State •: lorida (Rev 01/12) Seal: ,..0.44-,,.... JACQUELINE J PALMER °i ": MY COMMISSION # EE024035 JAZ- - ',;,fie}° EXPIRES September 07, 2014 (407) 398.0153 FlorldallotaryServICe.com Page 3 of 11 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863- 763 -3372 Fax: 863 - 763 -1686 May 6, 2013 VIA EMAIL bgentAIynchpavinq.com 1palmerc lynchpavinq.com Dear Mr. Gent: This letter is to officially advise you that the Board of Adjustments at its regular meeting on April 18, 2013, approved your Special Exception, Petition No. 13- 003 -SE, to allow a permitted use in excess of 45 feet in height in an Industrial (IND) Zoning District. Ref. Sec. 90 -343 (8). Attached herewith please find a copy of the minutes for your records. Please reference City Code Book Sec. 70 -348 effective time limit on approvals. Paragraph (4) Special Exception use and variance approvals shall have a valid period of not more than two years. prior to which a building permit application must be submitted or the approval shall lapse. Should you require additional information please do not hesitate to contact me. Sincerely, Patty M. Burnette General Services Coordinator enclosure OKEECHOBEE ASPHALT & READY MIXED CONCRETE COMPANY. INC. 503 NW 9th Street- Okeechobee, FL 34972 1 P.O. Box 1994 -Okeechobee, FL 34973 office: (863) 763 -7373 1 fax: (863) 763 -7379 www.Iynchpaving.com April 15, 2013 City of Okeechobee City Hall, 55 SE 3rd Avenue Okeechobee, FL 34974 To Whom It May Concern: In matters relating to the installation of a dust silo located at our location on 9th Street. Frank D. Cunningham Engineering will be speaking on our behalf. If you have any questions or problems please feel free to give me a call to discuss. Thank you ce_,€,.6 P. Robert P. Gent Vice President APRIL 1$, 2013 - PLANNING BOARD - PAGE 3 OF 4 AGENDA ACTION - DISCUSSION - VOTE V. OPEN PUBLIC HEARING (QUASI-JUDICIAL) • CONTINUED. 5. a} Consideration of a motion to approve or deny Petition No. 13- 003-SE. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as the Industrial Future Land Use category permits the use and height associated with the new storage facility. The use is authorized as a Special Exception in the IND Zoning District per Section 90 -343 (8). The use will not have an adverse effect on the public interest as there is no change in the basic operation as a result of the modest increase in height over 45 feet allowed by right. The use is appropriate for the proposed location as the property is located in an industrial area adjacent to a rail line and the site is surrounded by industrial lands or lands either used for industrial activities or vacant that are designated for industrial types of uses. The use will not adversely affect property values or living conditions as the modest increase in height over that allowed by right should have no appreciable effect upon property values or development of adjacent properties. No additional landscaping or screening is necessary to buffer the use from adjacent uses as the site is surrounded by industrial lands or lands used for Industrial activities or vacant that are designated for industrial types of uses. Although the silo will be slightly higher than allowed by right, additional landscaping will have no practical effect in relation to the increase in height. The use will not create a density pattern that will overburden public facilities as density is not considered a factor with an industrial use. The use will not create traffic congestion nor will traffic safety be compromised nor will drainage be affected by the modest increase in height over that allowed by right. Board Member Baughman moved to approve Petition No. 13-003-SE, submitted by the property owner, Robert Gent, Vice President, of Okeechobee Asphalt and Ready Mixed Concrete, Inc., to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Sec. 90- 343(8)) for Lots 1 to 4 of Block 45, City of Okeechobee, and located at 503 Northwest 91h Street, as recommended by Planning Staff and based on the findings noted above; seconded by Board Member Ritter. Vice Chairperson Burroughs asked whether there was any further discussion. There was none. VOTE HOOVER • ABSENT BURROUGHS -YEA BAUGHMAN • YEA BRASS •ABSENT KELLER -YEA MCCOY • YEA RITTER • YEA CREASMAN • YEA MCCREARY • YEA MOTION CARRIED. VICE CHAIRPERSON BURROUGHS CLOSED THE PUBLIC HEARING AT 6:11 P.M. AGENDA V. OPEN PUBLIC HEARING (QUASI - JUDICIAL) - Chairperson. A. Petition No. 13- 003 -SE, submitted by the property owner, Robert Gent, Vice President, of Okeechobee Asphalt and Ready Mixed Concrete, Inc., to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Sec. 90- 343(8)) for Lots 1 to 4 of Block 45, City of Okeechobee, and located at 503 NW 9th Street (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. 4. Disclosure of Ex -Parte communications by the Board. APRIL 18, 2013 - PLANNING BOARD - PAGE 2 OF 4 ACTION - DISCUSSION - VOTE VICE CHAIRPERSON BURROUGHS OPENED THE QUASI - JUDICIAL PUBLIC HEARING AT 6:02 P.M. Petition No. 13- 003 -SE, was submitted by the property owner, Robert Gent, Vice President, of Okeechobee Asphalt and Ready Mixed Concrete, Inc., for Lots 1 to 4 of Block 45, City of Okeechobee, and located at 503 Northwest 9"' Street, to allow a permitted use in excess of 45 feet in height within an Industrial (IND) Zoning District. Vice Chairperson Burroughs yielded the floor to Planning Consultant Brisson who explained that the petition was for a 52 foot high silo for the storage of fly ash for use in ready -mixed concrete. The new silo would provide additional storage capacity. The applicant was before the Board a year ago February for approval of a similar request for their asphalt plant. The operation will remain the same. Mr. Frank Cunningham, introduced himself as the project Engineer, and was present on behalf of the property owner to answer any questions from the Board. Board Member McCoy verified with Mr. Cunningham that the requested silo would be contained within the current footprint of the concrete plant and not expanded upon. Mr. Bruce Snell, 700 Northwest 9h Street addressed the Board with his concem of excessive dust from the business and the health issues this may cause to his children. The concem was in regards to the business in general and with piles of dirt that were being stored on an adjacent parcel owned by the applicant and not specific to the Special Exception. Vice Chairperson Burroughs explained to him that he would need to address this concem with Code Enforcement as this Board's responsibility was to determine what the validity was on this parcel and not on an adjacent parcel. Vice Chairperson Burroughs asked whether Board Members had ex -parte communications to disclose for the record. Member McCoy stated he had conducted a fuel storage tank inspection at the property this week, though he did not speak with Mr. Gent. •044?i 1NDEPEINDENT -411 NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite ll, 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 , / LL. b 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 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 for publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this L1t7& day of (- : AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # EE 177653 IttifOse B„dFdi(fhlruRE:apffil 20, 2016 Public Underwriters 11, (863) 763-3134 CITY PLANNING BOARD PUBLIC HEARING NOTICE NOTICE: The City of Okeechobee Planning•Board will meet as the Local Planning Agency on Thursday, April 18, 2013 at 6 PM or as soon there- after as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider any proposed amendments, submitted by City Staff or citizens, to the adopted City Comprehensive Plan, which may Indude amendments to the adopted Land Development Regulations (LDRs) All amendments are for- warded, with a recommendation, to the City Coundl for final consideration. All Interested parties are encouraged to attend. Please contact General Services at 863-763-3372, or webs, dtyofokeechobee.com, to obtain a copy of the agenda. PLEASE TAKE NOTICE AND BE ADVISED that no stenographk record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any dedsion involving the matters no- ticed herein will be responsible for making a' vettatim record of the testimo- ny and evidence at said meeting upon which any appeal Is to be based. In accordance with the Amerkans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to parbdpate in this proceeding should contact the General Services Office at 863-763-3372 for assistonce. BY: Dawn Hoover, Chairperson 441298 ON 4/17/2013 ##DEPENDENT J J NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 1-61/ . r 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 3131 // (o I f. 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 for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this IU day of � I AD Notary Public, State of Florida at Large ANGIE BRIDGES tiri, MY COMMISSION # EE 177653 ° EXPIRES: April 20, 2016 Bonded Thru 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 Thursday, April 18 2013 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the Gty website www.cityofokeechobee.com, or contact the General Services De- partment, pbumetteOcityofokeechobee.com, 863- 763 -3372 x 218. Under consideration is Special Exception Petition No. 13- 003 -SE, submit- ted by Robert Gent, Vice President, on behalf of property owner, Okeecho- bee Asphalt and Ready Mixed Concrete, Inc., to permit uses In excess of 45 feet in height within an Industrial (IND) Zoning District, ref. Code Book Sec- tion 90-343(8). The proposed use is to add a second silo 52 feet high to the concrete plant. Property is located at 503 NW 9th Street, Legal: Lots 1 -4, Block 45, City of Okeechobee, Plat 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 8am- 4:30pm, 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 decision made by the Board of Adjustment and Appeals with 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 accordagance with the Americans with Disabdides Act (ADA) of 1990 sshhoulld ccontactntheGeneral Services Ofbce at 863-73372 in for this assistan�.ing by: Brian Whitehall, Zoning Administrator Petition No. 13-003-SE 439925 ON 3/31;4/10/2013 Client: 161381 CITY OF OKEECHOBEE Phone: (863) 763 -3372 Ext: 0000 Address 55 SE 3RD AVE Attn: Melisa OKEECHOBEE, FL 34974 Ad # 439925 Requested By: Fax (863) 763 -1686 Ext: 0000 Sales Rep.: 4205 Janet Levy Phone: (302) 741 -8297 jlevy @newszap.com Fax: (302) 741 -8215 Class.: 5005 Public Notice Start Date: 03/31/2013 End Date: 04/10/2013 Nb. of Inserts: 2 PO #: Publications: Okeechobee News Total Price: $192.24 Page 1 of 1 PUBUC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBUC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, April 18 2013 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.atyofokeechobee.com, or contact the General Services De- partment, pburnette @cityofokeechobee.com, 863- 763 -3372 x 218. Under consideration is Special Exception Petition No. 13- 003 -SE, submit- ted by Robert Gent, Vice President, on behalf of property owner, Okeecho- bee Asphalt and Ready Mixed Concrete, Inc., to permit uses in excess of 45 feet in height within an Industrial (IND) Zoning District, ref. Code Book Sec- tion 90- 343(8). The proposed use is to add a second silo 52 feet high to the concrete plant. Property is located at 503 NW 9th Street, Legal: Lots 1-4, Block 45, City of Okeechobee, Plat 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, 8am- 4:30pm, 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 decision made by the Board of Adjustment and Appeals with 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 Disabilibees 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- 003 -SE 439925 ON 3/31;4/10/2013 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt and Ready Mix Concrete, Inc. Petition No.: 13- 003 -SE ! '� ; Planning it & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239- 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE General Information Owner /Applicant: Applicant Address: Site Address: Contact Person: Applicant /Contact Phone Number: E -mail Address Okeechobee Asphalt & Ready Mixed Concrete, Inc. P.O. Box 1994 Okeechobee, FI 34973-1994 503 NW 9th Street, Okeechobee, FL 34972 Robert P. Gent, Vice President 863 - 763 -7373 bgent(a�lynchpavinq.com; jpalmer(a�lynchpavinq.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Industrial IND Asphalt & Ready Mix Concrete Mfg. 0.689 (30,000 sf) Proposed Industrial IND Asphalt & Ready Mix Concrete Mfg. 0.689 (30,000 sf) Legal Descri • tion of Sub'ect Pro • ert PARCEL: R3- 15- 37 -35- 0010 - 00450 -0010 LOTS 1, 2, 3, AND 4, BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception to allow a 52 -foot high silo for the storage of fly ash for use in ready -mix concrete. All structures in excess of 45 feet require approval of a special exception. Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE Description of the Situation Okeechobee Asphalt wishes to allow a 52 -foot high silo for the storage of fly ash for use in ready -mix concrete The new silo will provide additional storage capacity. The Applicant received approval in February of 2012 to replace the original 45 -foot high asphalt plant with a new 65 -foot high "more efficient, environmentally friendly" facility. Ad'acent Future Land Use Ma • Classifications and Zonin • Districts North: Future Land Use Map Classification: Single - Family immediately north; Multi - Family to NW and Public to NE. Zoning District: Existing Land Use: PUB to the north; RMF to the northeast. FDOT facility East: Future Land Use Map Classification: Zoning District: Industrial IND Existing Land Use: Additional Okeechobee Asphalt and Ready Mix Concrete asphalt plant. South: Future Land Use Map Classification: Zoning District: Existing Land Use: No designation; it's CSX railroad R -O -W. IND CSX Railroad R -O -W then vacant. West: Future Land Use Map Classification: Zoning District: Industrial IND Existing Land Use: Okeechobee Asphalt and Ready -Mix Concrete washout ponds. 2 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE Consistenc with Land Development Re • ulations: Section 70- 373(b) requires that the Applicant address, during his /her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted brief statements addressing these standards as part of the Application. These are repeated herein in Times Roman typeface and are followed by the Staff Comments. (1) Demonstrate that the proposed location and site are appropriate for the use. "The operation will remain the same." We agree that the site is appropriate for the use; it is in an industrial area adjacent to a rail line and other industrial operations. (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) "The additional silo is designed as added storage capacity for fly ash. This business has been operational for many years and has been and will continue to be comparable to the surrounding area." We do not believe that specific design efforts are needed. The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "No visual screening is necessary this is an industrial area." We agree. While the silo will be slightly higher than the 45 —foot height permitted by right, the addition of landscaping will have no practical buffering effect in relation to the modest increase in height requested. (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. "There is no change expected. The proposed silo is for storage capacity for fly ash use in the concrete plant, and will be modified with the latest safety standards." 3 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 13- 003 -SE We agree that there is no change in the basic operation as a result of the increased height of the proposed silo. Employment of appropriate safety standards can be expected to reduce the possibility of hazards or nuisances. (5) Demonstrate how the utilities and other service requirements of the use can be met. `'Silo will not increase any extra utility services." No specific information regarding the demand upon utility services has been presented. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. We are not anticipating any additional traffic to be generated." The Applicant has provided no specific information regarding potential traffic generation related to the increased capacity associated with the new storage silo. We expect traffic generation is rather minimal and the minimal increase in height over that permitted by right is not expected to appreciably increase the number of trucks or other vehicles on the roadway network. 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). The Applicant has submitted brief statements addressing these requirements and they are repeated herein for ease of review by the Board. Staff comments follow thereafter. 1. The use is not contrary to the Comprehensive Plan requirements. "According to the Comprehensive Plan, Industrial Use Permits large scale manufacturing which is currently in use and will not change with the additional silo to the existing concrete plant." We agree the use and height associated with the new storage facility is not contrary to the Comprehensive Plan. 4 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 13- 003 -SE 2. The use is specifically authorized as a special exception use in the zoning district. "LDR's state that a special exception is required for the height of the silo in excess of We agree height in excess of 45 feet is allowable as a special exception in the Industrial zoning district. 3. The use will not have an adverse effect on the public interest. "There will be no further adverse effect as there is currently an operational silo in place we are only installing an additional silo." We agree. There is no change in the basic operation as a result of the modest increase in height over the 45 feet allowed by right. Therefore no adverse effect upon the public can be expected as a result of the increase in height. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "There will be no change in the location of the additional silo." We agree that the site is appropriate for the use; it is in an industrial area adjacent to a rail line. The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "There will be no adverse effect on adjacent property." We agree. The modest increase in height over that allowed by right should have no appreciable effect upon property values or development of adjacent properties. 5 Serving Florida Local Governments Since 1988 LaRue Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 13- 003 -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. "This addition will have no further impact on any adjacent uses." The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses and there is no significant need to be buffered from another adjacent industrial use. Although the silo will be slightly higher than allowed by right, additional landscaping will have no practical buffering effect in relation to the increase in height. 7 The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Density has no bearing on Silo height." Density is not considered a factor associated with industrial use. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. " The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This is a silo addition only and will not create any further traffic, flooding, drainage or public safety issues." We do not expect that the modest increase in height over that allowed by right will have any effect upon the potential for flooding, drainage or public safety issues. The Applicant has not provided any specific information regarding potential traffic generation related to the increased capacity associated with the new storage silo. We expect traffic generation is rather minimal and the increased height and capacity are not expected to appreciably increase the number of trucks or other vehicles on the roadway network. Serving Florida Local Governments Since 1988 6 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition No. 13- 003-SE be approved. Submitted by: Wm. F. Brisson, AICP Planning Consultant April 10, 2013 Hearing: Board of Adjustment and Appeals, April 18, 2013 Attachments: Future Land Use Map Zoning Map Aerial photograph Serving Florida Local Governments Since 1988 7 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE w z w z Subject, Property FUTURE LAND USE SUBJECT SITE AND ENVIRONS N.W. tU TH STREET 39 N.W. COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1988 3. • • N. W. 8TH AVENUE N. W. 8 STREET 1S 17 ri r• 2 7 • • u w TRANSPORTATION 1— RD AVENUE Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE TH AVENUE 27 ZONING SUBJECT SITE AND ENVIRONS N.W. 11 111 STREET 2 It ..4d.Z2 4 4 4 ZONING UNINCORPORATED is CBD - COMM BUSINESS DISTRICT CFA/ - HEAW COMMERCIAL CLT - UGFff COMMERCIAL CPO - COMM PROFESSIONAL OFFILE H - HOLDING MID - INDUSTRIAL PUB - PUBLIC FACILITIES PX -FAXED PUD-R - RMF - RESIDENTIAL MULTI FAMILY RMH - RESIDENTIAL MOBILE HOME RSF - RESIDENTIAL SINGLE FAMILY RSF2 - RES4)ENi1AL SINGLE FAMILY (2) I 39 z N W ' 11 STREET tt q $ W 62 v) N.W. 1D TH STREET it $2 e t 4 3 2 N 9TH S1REE1 et w 4 • T 4 4 4 4 4 47 w ,w n K TRA145r'0RTATI N'i,� ! + 1 ! t • - tr IQ to 13 14 le 14 14 t4 4 4 to 11) RD AVENUE ,1 14 .v .1 a RAIL.ROAchwwm, f 4 1 3 4 59 W J z R 9 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13- 003 -SE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 01■11•11, 8111111111111 10 �ouC - yc's � Dawn _ PJYeiwd, Ter- Vol — ° ti")1 \le S ICS. r - dfatIlo4 phL' ^ yes &)hrl )/E5 dhn yeS WI I By1 Sh � ycs Patty Burnette From: Dawn Hoover <jadthoover @gmail.com> Sent: Tuesday, April 16, 2013 10:02 AM To: Patty Bumette Subject: Re: PB /BOA Meeting 4/18/13 Patty - I don't know if I will be there or not. I believe that is the night of Kailey's last flag football game and it is out of town. Depends on what time it is scheduled (seems to change day to day)...will let you know once I know. Right now I would put me down as a no -of course if it rains and gets rained out I would be there either way. Sorry to be so evasive but it's the best I can do. Dawn Hoover On Tue, Apr 16, 2013 at 9:54 AM, Patty Burnette < pburnette@cityofokeechobee.com> wrote: Good Morning everyone. A reminder to you all that there is a meeting this Thursday evening. Please reply back and let me know if you will be attending or not. Thank you and have a great day. Patty Patty M. Burnette Genera(Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 Tier 863- 763 -3372 ext. 218 Tax: 863-763-1686 e -mail pburnette @cityofokeechobee.com website: www.cityofokeechobee.corn NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Karyne Brass <khbrass @live.com> Sent: Tuesday, April 16, 2013 12:28 PM To: Patty Burnette Subject: RE: PB /BOA Meeting 4/18/13 Good AFternoon Patty, I hope to be on the West Coast (of Florida) from Thursday to Sunday for a personal commitment. Reservations have been a bit of an issue so it may not happen, in which case I would certainly be present for the PB meeting. (But I really hope I don't see y'alI this Thursday evening.) : -) Have a blessed day! Karyne From: pburnette @cityofokeechobee.com To: douglas mccoy @doh.state.fl.us; gritter@sfwmd.gov; jadthoover @gmail.com; johnc @candblivescan.com; johncook @cityofokeechobee.com; kenneth keller @cable.comcast.com; khbrass @live.com; Lmccreary @ceeco.ne ; .kullhillsteel @yahoo.com; twbfla @gmail.com Subject: PB /BOA Meeting 4/18/13 Date: Tue, 16 Apr 2013 09:54:47 -0400 Good Morning everyone. A reminder to you all that there is a meeting this Thursday evening. Please reply back and let me know if you will be attending or not. Thank you and have a great day. Patty Patty M Burnette general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, PL 34974 T'ek 863-763-3372 ext. 218 'Fax: 863 -763 -1686 e -maik pburnette @cityofokeechobee.coni website: www.cityofokeechobee.conr 1 April 10, 2013 Mr. Robert P. Gent PO Box 1994 Okeechobee, FL 34973 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 x218 Fax: 863 - 763 -1686 VIA E -MAIL bgent(a)lynchpavinq.com jpalmer(c�lynchpavinq.com Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 13- 003 -SE, to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Code Sec. 90 -343 (8)) located at 503 NW 9m Street on Thursday, April 18, 2013 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, tl;? ; �4 JAai11 . .+'p.. Patty M. Burnette General Services Coordinator Attachments Patty Burnette From: John & Selina Abney <jwasjaS061 @gmail.com> Sent: Monday, April 08, 2013 12:34 PM To: Patty Bumette Subject: Re: Petition No. 13-003-SE Thanks Patty. On Mon, Apr 8, 2013 at 8:49 AM, Patty Burnette <pburnette@a cityofokeechobee.com> wrote: Good Morning Ms. Abney. Attached is the information you requested. Should you have any questions, please just let me know. Thank you and have a great day, Patty From: John & Selina Abney [mailto:iwasja5061©gmail.com] Sent: Friday, April 05, 2013 11:32 PM To: pburnetteThcitvofokeechobee.com Cc: jabney Subject: Petition No. 13- 003 -SE Patty: Received your card/notice on this petition. Please email me a copy of this petition for my review at your earliest convenience. Thanks, Selina Abney John & Selina Abney 1 i 8272 SW 78th Ln Gainesville, FL 32608 John & Selina Abney 8272 SW 78th Drive Gainesville, FL 32608 2 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863- 763 -3372 Fax: 863- 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing Petition Number(s): 13- £X3 -`e Date of 1St Public Hearing: (--1- 1 8- / 3 Address of subject property (or Legal if no address): 503 1\1 ni fh 5 I, A V t g A LA-Er) , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on 42_1 t.- 3 1 aD 1 , and will remove sign on Date: L %-dam — ) 3 Signature: STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknpwledged before me this 3rd Ay Ppbyf � ,DO via4 11-e_A'' who is personally known to me or produced as identification. a (signature) SEAL: Print, ype or stamp name of Notary Notary Public State of Florida Patty M Barnette AT My Commission EE 218358 Expires 10/02/2018 City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: April 3, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13- 003 -SE to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Code Sec. 90 -343 (8)) located at 503 NW 9m Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 18, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnettena,cityofokeechohe" corn. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext, 218 Okeechobee, FL Fax: 863- 763 -1686 Dear Property Owner: April 3, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13- 003 -SE to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Code Sec. 90 -343 (8)) located at 503 NW 9th Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 18, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a,cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator i N2 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763-3372 . 20 13 RECEIVED from e A3.pka-L-/ kktftl ftcL to ut (1_4%5 (6,1a 6 I 0 Dollars , '&6-1 4c fti6)1, 100 t.- CLERK May 6, 2013 Dear Mr. Gent: CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 VIA EMAIL bgentMynchpavinq.com jpalmer@lynchpavinq.com This letter is to officially advise you that the Board of Adjustments at its regular meeting on April 18, 2013, approved your Special Exception, Petition No. 13 -003 -SE, to allow a permitted use in excess of 45 feet in height in an Industrial (IND) Zoning District. Ref. Sec. 90-343 (8). Attached herewith please find a copy of the minutes for your records. Please reference City Code Book Sec. 70-348 effective time limit on approvals. Paragraph (4) Special Exception use and variance approvals shall have a valid period of not more than two nears, prior to which a building permit application must be submitted or the approval shall lapse. Should you require additional information please do not hesitate to contact me. Sincerely, Patty M. Bumette General Services Coordinator enclosure OKEECHOBEE ASPHALT & READY MINED CONCRETE COMPANY. INC. 503 NW 9th Street* Okeechobee, FL 34972 1 P.O. Box 1994 »Okeechobee, FL 34973 office: (863) 763-7373 1 fax: (863) 763-7379 www.lynchpaving.com April 15, 2013 City of Okeechobee City Hall, 55 SE 3rd Avenue Okeechobee, FL 34974 To Whom It May Concern: In matters relating to the installation of a dust silo located at our location on 9th Street. Frank D. Cunningham Engineering will be speaking on our behalf. If you have any questions or problems please feel free to give me a call to discuss. Thank you Ce --7 P. Robert P. Gent Vice President AGENDA V. OPEN PUBLIC HEARING (QUASI-JUDICIAL) • CONTINUED. 5. a) Consideration of a motion to approve or deny Petition No. 13- 003 -SE. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. APRIL 18, 2013 • PLANNING BOARD • PAGE 3 OF 4 ACTION - DISCUSSION - VOTE Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as the Industrial Future Land Use category permits the use and height associated with the new storage facility. The use is authorized as a Special Exception in the IND Zoning District per Section 90-343 (8). The use will not have an adverse effect on the public interest as there is no change in the basic operation as a result of the modest increase in height over 45 feet allowed by right. The use is appropriate for the proposed location as the property is located in an industrial area adjacent to a rail line and the site is surrounded by industrial lands or lands either used for industrial activities or vacant that are designated for industrial types of uses. The use will not adversely affect property values or living conditions as the modest increase in height over that allowed by right should have no appreciable effect upon property values or development of adjacent properties. No additional landscaping or screening is necessaryto buffer the use from adjacent uses as the site is surrounded by industrial lands or lands used for Industrial activities or vacant that are designated for industrial types of uses. Although the silo will be slightly higher than allowed by right, additional landscaping will have no practical effect in relation to the increase in height. The use will not create a density pattern that will overburden public facilities as density is not considered a factor with an industrial use. The use will not create traffic congestion nor will traffic safety be compromised nor will drainage be affected by the modest increase in height over that allowed by right. Board Member Baughman moved to approve Petition No. 13 -003 -SE, submitted by the property owner, Robert Gent, Vice President, of Okeechobee Asphalt and Ready Mixed Concrete, Inc., to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Sec. 90-343(8)) for Lots 1 to 4 of Block 45, City of Okeechobee, and located at 503 Northwest 9th Street, as recommended by Planning Staff and based on the findings noted above; seconded by Board Member Ritter. Vice Chairperson Burroughs asked whether there was any further discussion. There was none. VOTE HOOVER - ABSENT BURROUGHS -YEA BAUGHMAN•YEA BRASS -ABSENT KELLER•YEA MCCOY- YEA RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED. VICE CHAIRPERSON BURROUGHS CLOSED THE PUBLIC HEARING AT 6:11 P.M. AGENDA V. OPEN PUBLIC HEARING (QUASI-JUDICIAL) - Chairperson. A. Petition No. 13 -003 -SE, submitted by the property owner, Robert Gent, Vice President, of Okeechobee Asphalt and Ready Mixed Concrete, Inc., to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Sec. 90-343(8)) for Lots 1 to 4 of Block 45, City of Okeechobee, and located at 503 NW 9"' Street (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. 4. Disclosure of Ex -Parte communications by the Board. APRIL 18, 2013 - PLANNING BOARD - PAGE 2 OF 4 ACTION - DISCUSSION - VOTE VICE CHAIRPERSON BURROUGHS OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:02 P.M. Petition No. 13 -003 -SE, was submitted by the property owner, Robert Gent, Vice President, of Okeechobee Asphalt and Ready Mixed Concrete, Inc., for Lots 1 to 4 of Block 45, City of Okeechobee, and located at 503 Northwest 9th Street, to allow a permitted use in excess of 45 feet in height within an Industrial (IND) Zoning District. Vice Chairperson Burroughs yielded the floor to Planning Consultant Brisson who explained that the petition was for a 52 foot high silo for the storage of fly ash for use in ready -mixed concrete. The new silo would provide additional storage capacity. The applicant was before the Board a year ago February for approval of a similar request for their asphalt plant. The operation will remain the same. Mr. Frank Cunningham, introduced himself as the project Engineer, and was present on behalf of the property owner to answer any questions from the Board. Board Member McCoy verified with Mr. Cunningham that the requested silo would be contained within the current footprint of the concrete plant and not expanded upon. Mr. Bruce Snell, 700 Northwest 9th Street addressed the Board with his concem of excessive dust from the business and the health issues this may cause to his children. The concem was in regards to the business in general and with piles of dirt that were being stored on an adjacent parcel owned by the applicant and not specific to the Special Exception. Vice Chairperson Burroughs explained to him that he would need to address this concem with Code Enforcement as this Board's responsibility was to determine what the validity was on this parcel and not on an adjacent parcel. Vice Chairperson Burroughs asked whether Board Members had ex -parte communications to disclose for the record. Member McCoy stated he had conducted a fuel storage tank inspection at the property this week, though he did not speak with Mr. Gent. ItIDEPENDENT_ oili NEWSPAPERS OKEECHOBEE NEWS 107 S.W.NEWSPAPERS OKEECHOBEE NEWS S.W17th Street, Suite D, Okeechobee, FL 34974 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 (1i),t,Lid in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of lAjr7 (16 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 forthe purpose of securing this advertisement for -publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this I 7 day of (L1,Jc 0 Notary Public, State of Florida at Large • r1�q+ANGIE BRIDGES nel MY COMMISSION A EE 171653 s ti EXPIRES: April 20, 2016 Bonded Thtu Notary Public Underyniters AD (863) 763-3134 CRY PLANNING BOARD PUBLIC HEARING NOTICE NOTICE: The pty of Okeechobee Planning.Board win meet as the Local Planning Agency on Thursday Audi 18, 2013 at 6 PM or as soon there- after as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL to consider arty proposed amendments, submitted by Staff or citizens, to the adopted Cky nAm/rehensive Plan, Mich may kdude amendments to the adopted Land Development Regutadons (LDR"s . Alt amendments are for- warded with a recommendation, m the Cay Candi for final consideration.Ali interested parties are encouraged to attend. Please contact General Services at 863-763-3372, or website, dtyofokeedmbee.com, to obtain a cooppyy of the agenda. Pl1:A.5E TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporterwill ibe maaedae of the foregolhg meeting. Accordingly, anybad herein erwn will beresponsible meeting seek to upon wh� appeal c record be based.l any decision involving the In testimo- ny and evidence at saidng any In accordance with the Americans with Disal accommodation to abbiiliitiessaAct (ADA))te in of 1990 per- sons needing co tact the General Services Office at 863-763-3372 for assistance.proceeding Br Dawn Hoover Chairperson 441298 ON 4/17/2013 —dTDEPENDENT _ oiii NEWSPAPERS OKEECHOBEE NEWS NEWSPAPERS NEWS 107 S W S.W. 17th Street, Suite D, Okeechobee, FL 34974 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, t at the attached copy of advertisement being a ; 4 ✓J-�� - 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 313, WI /f3 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 for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this a u day of _ ° J AD Notary Public, State of Florida at Large ANGIE BRIDGES s*. .r MY COMMISSION # EE 177653 • EXPIRES: April 20, 2016 s Bonded Tfw Notary Public llndezrrilers (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 Thursday, Apra 18 2013 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda Is available on the Obi website www.dtyofokeed obee.com, or contact the General Services De- partment, pbumette@cttyofokeechobee.com, 863-763-3372 x 218. Under consideration Is Spedal Exception Petition No. 13 -003 -SE, submit- ted by Robert Gent, Vice President, on behalf of property owner, Okeecho- bee AsphaltBgand Ready Mixed Concrete, Inc., t0 ltt,uses In excess of 45 feetk Sec - 90.3343M The propwithin an osed use is to add ams end silo 52 feet ehigh to the concrete plant. Prope ly Is located at 503 NW 9th Street, Legal: Lots 14, Block 45, Ory of Okeediobee, Plat Book 5, Page 5 Okeechobee County public records. M members of the public are encouraged to attend and pusiness said Hearing. The entire petition maybe Inspected during regular b hours, Mon -Fri 8am4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the dectslon making body (quasi-judidal), on behalf of the City, to approve or deny Spedal cep - tions. PLEASE TALE NOTICE AND BE ADVISED that B any person desires to appeal any decision made by the Board of Adjustment and Appeals with 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 eNdence upon which thrpeoappeal Is to back-upa based. GeneralnCe Sedepart- ment. I accordance dia cord Tree with the Americans used for the sole with Disabilitiesse of Act (ADA)foof1990 sshhoouula contactng accommodation Office amt 863-7763-3372 fassistance. ce by: Brian Whitehall, Zoning Administrator Petition No. 13.003-5E 439925 ON 3/31;4110/2013 Client: 161381 Address: 55 SE 3RD AVE Attn: Melisa Ad # 439925 CITY OF OKEECHOBEE Requested By: Phone: (863) 763-3372 Ext: 0000 OKEECHOBEE, FL 34974 Fax: (863) 763-1686 Ext: 0000 Sales Rep.: 4205 Janet Levy Phone: (302) 741-8297 jlevy@newszap.com Fax: (302) 741-8215 Class.: 5005 Public Notice Start Date: 03/31/2013 End Date: 04/10/2013 Nb. of Inserts: 2 PO #: Publications: Okeechobee News Total Price: $192.24 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be hekd before the City of Okeechobee Board of Adjustment and Appeals on Thursday, April 18 2013 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the City website www.cityofokeechobee.com, or contact the General Services De- partment, pbumette@cityofokeechobee.com, 863-763-3372 x 218. Under consideration is Special Exception Petition No. 13-003-5E, submit- ted by Robert Gent, Vice President, on behalf of property owner, Okeecho- bee Asphalt and Ready Mixed Concrete, Inc, to permit uses in excess of 45 feet in height within an Industrial (IND) Zoning Distract, ref. Code Book Sec- tion 90-343(8). The proposed use Is to add a second silo 52 feet high to the concrete plant. Property is kxated at 503 NW 9th Street, Legal: Lots 1.4 Block 45, City of Okeechobee, Plat 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-Fri8am-4:30pm, 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 decision made by the Board of Adjustment and Appeals with 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: Bnan Whitehall, Zoning Administrator Petition No. 13 -003 -SE 439925 ON 3/31;4/10/2013 Page 1 of 1 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Okeechobee Asphalt and Ready Mix Concrete, Inc. Petition No.: 13 -003 -SE 1,11.1+ II ;-,Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239-333-3366 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE General Information Owner/Applicant: Applicant Address: Site Address: Contact Person: Applicant/Contact Phone Number: E-mail Address Okeechobee Asphalt & Ready Mixed Concrete, Inc. P.O. Box 1994 Okeechobee, FI 34973-1994 503 NW 9th Street, Okeechobee, FL 34972 Robert P. Gent, Vice President 863-763-7373 bgent(a�lynchpavinq.com; jpalmerelvnchpavinq.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Industrial IND Asphalt & Ready Mix Concrete Mfg. 0.689 (30,000 sf) Proposed Industrial IND Asphalt & Ready Mix Concrete Mfg. 0.689 (30,000 sf) Legal Description of Subject Property PARCEL: R3-15-37-35-0010-00450-0010 LOTS 1, 2, 3, AND 4, BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item Before the Board of Ad'ustment The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception to allow a 52 -foot high silo for the storage of fly ash for use in ready -mix concrete. All structures in excess of 45 feet require approval of a special exception. r' c, •� -i Serving Florida Local Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE Description of the Situation Okeechobee Asphalt wishes to allow a 52 -foot high silo for the storage of fly ash for use in ready -mix concrete The new silo will provide additional storage capacity. The Applicant received approval in February of 2012 to replace the original 45 -foot high asphalt plant with a new 65 -foot high "more efficient, environmentally friendly" facility. Adjacent Future Land Use Map Classifications and Zoning Districts North: East: South: West: Serving Florida Local Governments Since 1988 Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Single -Family immediately north; Multi -Family to NW and Public to NE. PUB to the north; RMF to the northeast. FDOT facility Industrial IND Additional Okeechobee Asphalt and Ready Mix Concrete asphalt plant. No designation; it's CSX railroad R -O -W. IND CSX Railroad R -O -W then vacant. Industrial IND Okeechobee Asphalt and Ready -Mix Concrete washout ponds. 2 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE Consistency with Land Development Regulations: Section 70-373(b) requires that the Applicant address, during his/her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted brief statements addressing these standards as part of the Application. These are repeated herein in Times Roman typeface and are followed by the Staff Comments. (1) Demonstrate that the proposed location and site are appropriate for the use. "The operation will remain the same." We agree that the site is appropriate for the use; it is in an industrial area adjacent to a rail line and other industrial operations. (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) "The additional silo is designed as added storage capacity for fly ash. This business has been operational for many years and has been and will continue to be comparable to the surrounding area." We do not believe that specific design efforts are needed. The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "No visual screening is necessary this is an industrial area." We agree. While the silo will be slightly higher than the 45—foot height permitted by right, the addition of landscaping will have no practical buffering effect in relation to the modest increase in height requested. (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. "There is no change expected. The proposed silo is for storage capacity for fly ash use in the concrete plant, and will be modified with the latest safety standards." Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 13 -003 -SE We agree that there is no change in the basic operation as a result of the increased height of the proposed silo. Employment of appropriate safety standards can be expected to reduce the possibility of hazards or nuisances. (5) Demonstrate how the utilities and other service requirements of the use can be met. "Silo will not increase any extra utility services." No specific information regarding the demand upon utility services has been presented. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "We are not anticipating any additional traffic to be generated." The Applicant has provided no specific information regarding potential traffic generation related to the increased capacity associated with the new storage silo. We expect traffic generation is rather minimal and the minimal increase in height over that permitted by right is not expected to appreciably increase the number of trucks or other vehicles on the roadway network. 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). The Applicant has submitted brief statements addressing these requirements and they are repeated herein for ease of review by the Board. Staff comments follow thereafter. 1. The use is not contrary to the Comprehensive Plan requirements. "According to the Comprehensive Plan, Industrial Use Permits large scale manufacturing which is currently in use and will not change with the additional silo to the existing concrete plant." NIL We agree the use and height associated with the new storage facility is not contrary to the Comprehensive Plan. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 13 -003 -SE 2. The use is specifically authorized as a special exception use in the zoning district. "LDR's state that a special exception is required for the height of the silo in excess of 45'." We agree height in excess of 45 feet is allowable as a special exception in the Industrial zoning district. 3. The use will not have an adverse effect on the public interest. "There will be no further adverse effect as there is currently an operational silo in place we are only installing an additional silo." We agree. There is no change in the basic operation as a result of the modest increase in height over the 45 feet allowed by right. Therefore no adverse effect upon the public can be expected as a result of the increase in height. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use pattems. "There will be no change in the location of the additional silo." We agree that the site is appropriate for the use; it is in an industrial area adjacent to a rail line. The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "There will be no adverse effect on adjacent property." We agree. The modest increase in height over that allowed by right should have no appreciable effect upon property values or development of adjacent properties. 4l Serving Florida Local Governments Since 1988 5 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 13 -003 -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. "This addition will have no further impact on any adjacent uses." The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses and there is no significant need to be buffered from another adjacent industrial use. Although the silo will be slightly higher than allowed by right, additional landscaping will have no practical buffering effect in relation to the increase in height. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Density has no bearing on Silo height." Density is not considered a factor associated with industrial use. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. iitit " The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This is a silo addition only and will not create any further traffic, flooding, drainage or public safety issues." We do not expect that the modest increase in height over that allowed by right will have any effect upon the potential for flooding, drainage or public safety issues. The Applicant has not provided any specific information regarding potential traffic generation related to the increased capacity associated with the new storage silo. We expect traffic generation is rather minimal and the increased height and capacity are not expected to appreciably increase the number of trucks or other vehicles on the roadway network. 41,x- Serving Florida Local Governments Since 1988 6 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE Recommendation: Based upon the foregoing analysis and findings, Staff recommends that Petition No. 13- 003 -SE be approved. Submitted by: Wm. F. Brisson, AICP Planning Consultant April 10, 2013 Hearing: Board of Adjustment and Appeals, April 18, 2013 Attachments: Future Land Use Map Zoning Map Aerial photograph n: Serving Florida Local Governments Since 1988 7 3� 21111111 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE w FUTURE LAND USE SUBJECT SITE AND ENVIRONS N.W. 11 TH STREET ill '9 29 21 2a' 21 24 25 z Subject Property 11 12 12 1$ 11 N.W. 10 TH STREET 13 12 11 l: 4{ K COMPREHENSIVE PLAN LAND USE I SINGLE - FAMILY MULTI - FAMILY J COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 8 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE 27 LJ W, i=_jot 40 Subject Propert ZONING SUBJECT SITE AND ENVIRONS ;j1,Rf T 28 39 14 i4 64 ZONING UNINCORPORATED CBD -COMM BUSINESS DISTRICT CM/ - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H- HOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PUD -MIXED PUD -R RMF - RESIDENTIAL MULTI FAMILY RMH - RESIDENTIAL MOBILE HOME RSFI - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2) Serving Florida Local Governments Since 1988 it i1f- f1 62 29 N.W. 10 TH • 1 N.W. 9TH STREET 47 IG ;I 1.0 II Z n: 1: 2 m I I t?. 8 � to :9 a 48 59 9 Staff Report Special Exception Request Applicant's Name: Okeechobee Asphalt Petition No. 13 -003 -SE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 10 r Patty Burnette From: Dawn Hoover <jadthoover@gmail.com> Sent: Tuesday, April 16, 2013 10:02 AM To: Patty Bumette Subject: Re: PB/BOA Meeting 4/18/13 Patty - I don't know if I will be there or not. I believe that is the night of Kailey's last flag football game and it is out of town. Depends on what time it is scheduled (seems to change day to day)...will let you know once I know. Right now I would put me down as a no -of course if it rains and gets rained out I would be there either way. Sorry to be so evasive but it's the best I can do. Dawn Hoover On Tue, Apr 16, 2013 at 9:54 AM, Patty Burnette <pburnette a citvofokeechobee.com> wrote: Good Morning everyone. A reminder to you all that there is a meeting this Thursday evening. Please reply back and let me know if you will be attending or not. Thank you and have a great day. Patty Patty lvl. Burnette general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 Tel 8 63-763-3372 ext. 218 Tax: 863-763-1686 e-maikphit rltette@'ci • Patty Burnette From: Karyne Brass <khbrass@live.com> Sent: Tuesday, April 16, 2013 12:28 PM To: Patty Burnette Subject: RE: PB/BOA Meeting 4/18/13 Good AFternoon Patty, I hope to be on the West Coast (of Florida) from Thursday to Sunday for a personal commitment. Reservations have been a bit of an issue so it may not happen, in which case I would certainly be present for the PB meeting. (But I really hope I don't see y'aIl this Thursday evening.) :-) Have a blessed dayl Karyne From: pburnette@cityofokeechobee.com To: douglas mccoy@doh.state.fl.us; gritter@sfwmd.gov; jadthoover@gmail.com; iohnc@candblivescan.com; johncook@cityofokeechobee.com; kenneth keller@cable.comcast.com; khbrass@live.com; Lmccreary@ceeco.net; skullhillsteel@yahoo.com; twbfla@gmail.com Subject: PB/BOA Meeting 4/18/13 Date: Tue, 16 Apr 2013 09:54:47 -0400 Good Morning everyone. A reminder to you all that there is a meeting this Thursday evening. Please reply back and let me know if you will be attending or not. Thank you and have a great day. Patty Patty vt. Burnette general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 T'er 863-763-3372 ext. 218 Tax: 863-763-1686 e-mail: ybitritetteOcityofokeechobee.cont website: t tw.citjofokeechohee.coni April 10, 2013 Mr. Robert P. Gent PO Box 1994 Okeechobee, FL 34973 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 x218 Fax: 863-763-1686 VIA E-MAIL bgent@Iynchpavinq.com jpal mer@lynchpavi nq.com Please be advised that the Board of Adjustments and Appeals of the City of Okeechobee will be considering your Special Exception Petition No. 13 -003 -SE, to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Code Sec. 90-343 (8)) located at 503 NW 9rn Street on Thursday, April 18, 2013 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, CL'1 M Patty M. Burnette General Services Coordinator Attachments Patty Burnette From: John & Selina Abney <jwasja5061@gmail.com> Sent: Monday, April 08, 2013 12:34 PM To: Patty Bumette Subject: Re: Petition No. 13 -003 -SE Thanks Patty. On Mon, Apr 8, 2013 at 8:49 AM, Patty Burnette<pburnette@cityofokeechobee.com> wrote: Good Morning Ms. Abney. Attached is the information you requested. Should you have any questions, please just let me know, Thank you and have a great day, Patty From: John & Selina Abney [mailto:jwasja5061Pgmail.com] Sent: Friday, April 05, 2013 11:32 PM To: pburnettePcitvofokeechobee.com Cc: jabney Subject: Petition No. 13 -003 -SE Patty: Received your card/notice on this petition. Please email me a copy of this petition for my review at your earliest convenience. Thanks, Selina Abney John cc- Selina Abney 1 ►t 8272 SIS' 78111 Ln Gainesville. 1'', 32608 John & Selina Abney 8272 SW 78th Drive Gainesville, EL 32608 2 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 13- b03 -Se Date of 1st Public Hearing: Li -1 8-13 Address of subject property (or Legal if no address): 503 1\1 Ai q fjk 54 I, 1 ✓piV % D, A lA-E,,i , hereby certify that I posted the "Notice of Public Hearing" sign in accordance with the above instructions on ,q-pp_i t•—•1 - t) 13 , and will remove sign on Signature Date: 4-(f ) 3 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was ackrypwledged before me this 3rd clayo-F-PPbY� �'.Dcvi�1 lam' who is personally known to me or produced as identification. �a- M • 13Lui at 1 (signature) SEAL: Print, ype or stamp name of Notary • Notary Public State of Florida Patty M Bumette AT My Commission EE 218358 d' Expires 1oro2/2016 City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: April 3, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13 -003 -SE to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Code Sec. 90-343 (8)) located at 503 NW 9t Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 18, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette(c�citvofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 218 Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: April 3, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13 -003 -SE to allow a permitted use in excess of 45 feet in height within an Industrial Zoning District (Ref. Code Sec. 90-343 (8)) located at 503 NW 9t Street. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, April 18, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette a(�,citvofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Burnette General Services Coordinator Is111 035235 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763-3372 . 20 13 RECEIVED from CAC c tO r. A p hardret.L oto LLcL4 0-nci 100 Dollars 5'oo.voCi c`:5 .P L CLERK