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13-001-SE AMSA Holding LLC & EAAAS Holding LLC1 v1Iy General 55 S.E. Okeechobee, Phone: Fax: or uKeechobeerAp,� i�caflc"1 emc Date, 10-I- i2 Petition No. 13- cOt-SC Services De Yrn4hiig ..t =vr;M 3rd Avenue, Room 101 -rf L uui Florida 34974 -2903 (863) 763 -3372, ext. 218 (863) 763 -1686 Fee Paid: 560.00 Jurisdiction: 8QA /-1st Hearing: 2 "d Hearing: i' �q r',3 Publication Dates: 9j,, `t, 92113 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): p» 4 mi `/(} i /Lz__, An, h C to-A. MAdi i^f' I_ t- , 2 Owner mailing address: 7! 4 _ ,^,y / ,guF 3 Name of applicant(s) if other than owner 'U `go, ` ii ti e `' 4 1`7 J �` - -31-1513 ? 7 C 0 5tbitt fo drLs /i a Ali. • t S .�uc )l, pL -i b „a c Applicant mailing address: /, a_ (bx ty os, . recei,;�6 ,C-31 i 73 4 4a e-mail address: 'r (Ub/ J 410d 17 (OM 5 Name of contact person (state relationship): g N . n94t hcf%//7m /'1472-„X144/,%. 6 Contact person daytime phone(s): 874.3- eo f -/.4-5---, PROPERTY INFORMATION Property address /directions to property: Z; F /VI gPji Art...1.__, 8 Describe current use of property: A_ L F , 0j,is d �, 4,���, R1i ii'.iy Ale 01-4?" biiimp i /i/rm /// ; tXtl p/ 191.ww /S ,1-10/05 4 iy,. 9 Describe improvements on property Al t 0 C,/1l.4vv`- Source of potable water: (number /type buildings, dwelling units , occupied or vacant, etc. C. .s Estr.4r -(-- e,- / a Method of sewage disposal: C 10 Approx. acreage: 0, 4. t), Ar Is property in a platted subdivision? y -S 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: NvA/e.-- 12 Is a pending sale of the property subject to this application being granted? /0 d 13 Describe uses on adjoining property to the North f 0 Fe,c s -Fc„- 13+ Lo -K-- North: v��l.i...5�-.;A- t_ /C 1• }V flats vep. -"- YEast: �-Pv' Bat,Hst- South: �,, , Act.(41 - L o {- g Sf= West: C.,1-1- 't cicri E . e p a- ac (� u >1 v (Ces�1•' 14 Existing zoning: 1` kmimi4044.Future Land Use classification Cowl ft,)-4i( - 15 Have there been any rio rezoning, property? ( ) No (/1 Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 0r7-004-1. 3/0/c7 r� " ' htmLfz, og- oil -SE '-F%� a) , f,. 4S5,15•/-4/ it ki V Z1 16 Request is for: () Rezone (4 Special Exception ( ) Variance Ia -4e 1- t 17 Parcel Identification Number: 3, lc, 37. 3s -ev /U _ o(I7 o co 0, 1a "vv E , ,, 1 + 1-t (Rev 01/12) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature C Printed Name tfirWrmri) ✓1' bb �o Date /Z 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 40 -2,53 fD &-rzbnt 18 Applicants statement of interest in property: R Hi", f3cui4�, ,,,, 5 i.e_ ,v` .y,,, lam P l ,F pr N P�tTl /(--Al T %4 k b. 12/9-7-, iv T w :1-ti 0 `� 4, f .` J S'r � � /Le.E+. -.�i i �'tH tI v►-) $Gu r � S f.4 i � &14-n9/1-,v1 1 Pr d � � �(�� � 1)(411, S f< � T"1^R!t ✓�r� (may L y AA r & � +, �c��« �eE _ / ( 4 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: r/ 21 Notarized letter of consent from property owner (if applicant is different from property owner) ✓ 22 Three property surveys (one no larger than 11@ x 17 @) containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number b. Legal description of property pertaining to the application ,' 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 Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature C Printed Name tfirWrmri) ✓1' bb �o Date /Z For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 Prepared by and return to: Saeed Khan 906 SW Lighthouse Drive Palm City, Florida 34990 File Number: [Space Above This Line For Recording Data] IIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i FILE NUM 2010003146 OR BK 00684 PG 073 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 1)3/18 /2011] 11 :28:53 AM AMT 28,327.00 RECORDING FEES 35.50 DEED DOC 198.80 RECORDED BY M Pinon F'9s 0373 - 376; (4n9s) Corrective Quit Claim Deed This Quit Claim Deed made this &Ifi da y of y, 010, between A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, grantor, and A.M.S.A HOLDINGS, LLC, a Florida limited liability company and EAAAS HOLDINGS LLC, a Florida limited liability company whose post office address is 906 SW Lighthouse Drive, Palm City, Florida 34990, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, Legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: See Exhibit "A" attached hereto and made a part hereof. Parcel Identification Number: 3- 15- 37 -35- 0010 -00780 -0050 THIS CORRECTIVE QUIT CLAIM DEED HAS BEEN EXECUTED AND RECORDED FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY AND CLARIFYING THE TRUE AND CORRECT CORPORATE AFFILIATIONS OF THE GRANTOR IN THAT CERTAIN QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 678, PAGE 1536, OKEECHOBEE COUNTY, FLORIDA, PUBLIC RECORDS. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Book684 /Page373 CFN #2010003146 Page 1 of 4 Signed, sealed and delivered in our presence: Witness Name: Witness Na A.M.S.A. HOLDINGS a 4: triplit.,t5 ,aeed Khan, Managing Member By: Witness Name: ��e'� - Myra Witness Witness Name: Witness Witness Name: Witness N Quit Claim Deed - Page 2 By: Managing Member Mohammed Nooruddin, Managing Member By: Shahna Managing Member Book684 /Page374 CFN #2010003146 Page 2 of 4 State of Florida County of k22. .- 04JR2, The foregoing instrument was acknowledged before me this Member of A.M.S.A. HOLDINGS, LLC, a Florida limited produced a driver's license as identification. [Nota NOTARY PUBLIC -STATE OF FLORIDA Shahnaz Akhtar Khan Commission # DD535559 Bonded Thru Atlantic ond Bonding 02, 2010 State of Flori County of e GP e The foregoing instrument was acknowledged before me this Member of A.M.S.A. HOLDINGS, LLC, a Florida limited produced a driver's license as identification. NOTARY PUBLIC -STATE OF FLORIDA Ehahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. [Not State of Flo n a p County of clv.ot'+a2 Il. � p 81sti,_ day of 10 by Saeed Khan, as Managing liability company, who L personally known or L] has Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: &)14; day of Say, 2 10 Myra Khan, as Managing liability company, who Lis personally known or L] has SLA-0,Lie- (b).-ctt, Notary Public Printed Name: SHAHNAZ A. KHAN The foregoing instrument was acknowledged before me this et day of lartual by Moha ed Nooruddin, as 1 Managing Member of A.M.S.A. HOLDINGS, LLC, a Florida limited liability company, who L 's personally known or 11 has produced a driver's license as identification. NOTARY PUBLIC -STATE OF FLORIDA [No r 9hahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru Atlantic Bonding Co., Inc. State of Florida ^ �-_ County of Q..e.c The foregoing instrument was acknowledged before Managing Member of A.M.S.A. HOLDINGS, LLC, [_] has produced a driver's license as identification. NOTARY PUBLIC. ' '''W FLORIDA [N ` 3 e8hahn,,. _ r Khan Commission . i35; i Expires: APk. 02 Bonded Thru Atlantic Bonding Co., L.. Quit Claim Deed - Page 3 Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: me this a Florida a- ao(0 g[� ��z r—shahn "'day ofr ttnttary, 2010, az Nooruddin, as limited liability company who is personally known or Notary Public Printed Name: SHAHNAZ A. KHAN My Commission Expires: Book684 /Page375 CFN #2010003146 Page 3 of 4 SCHEDULE A Legal Description Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Book684 /Page376 CFN #2010003146 Page 4 of 4 ursr, ,L,,,/01 ta«t, Return to' (enclose relf.addressed sumpcd envelope) Name Address: This Instrument Prepared by. Name: `'/"1l') r4KMN1E1 MO 6yJJci�1 Address: ' o dam% 1-115.0 -a-1tn7 PWLM GT -1 I :t_ Property Appraisers Parcel Identification Folio Numbcr(s) Gr.nteatsliilt(a) II 02 95 a 8 e 2 0 1 SPACE ABOVE THIS LINE FOR PROCESSING DATA li Quit cairn peeb, Executed the INIIIIIIIIIIIIIIIII1111111IINIIIIIIINIIVIIIVIIIINI M FILE NUM 2009012782 OR BK 006713 PG 1536 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKKEECHOBEE COUNTY? FL RECORDED 11;17/2009 02 :40: :13 PM AMT 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY M Pinon Ps 1536; (fps) SPACE ABOVE THIS LINO FOR RECORDING DATA 11 5-' day of NoVEiv, €F zoog by Date first party, to f)T?95 H hid G-2)4•11 whose post office address is CIO t!, sw Gf /LDriP1e___ - /IH-L/Yn G! Fy / FL - 31/950. second party. Arm)5/ I4,91.D /A 65 L C AND EARA-5 LGC. q.4. 6W t.-,GNr+4o,} E b PhLm CRTf 3 Q (Wherever used herein the terms -rant party' and lsecond party include all the parties to this instrument and the heirs. legal reprosenlahves. and assigns of individuals and the successors and assigns of corporations. wherever the context so admits or requires ) I ?IE Uncouth, That the first party, for and in consideration of the sum of $ /17 in hand paid by the said second party,the receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of aye g (Au t.? % Q? ,State of PL07t. / (J • to -wit: CITY bF OKe,Ecitol36e Lois 3 H 5 a- CP 76Loe -K P9 -fiteG 1-6 3- i5-- 37- 35- oo /o- b07 do_ oo �In pttbe mar to HuTD The same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second party forever. Jtt Pitiless III) Hereof, the said first party has signed and sealed these presents the day and year first above written. Signgd, Seale ;'any{ delivered in the presence of: W minus Signature (e. to first Grantor) Cf?,COL m /1- f Printe ame 61 lyA i i Wlln Sig are (as to first Gra n ) Sit Ybvrk\ Prints N'm3 Wu e'IN+ wit (.a to Co- Grantor, if any) •vr —".`� i,r,. -�L C Printed Signature (a to Co-Grantor, if any) m I rar-- )6C -.Tre r-5 -1 Printed Name STATE OF COUNTY OF 0 KF.ECit-b3Ere Grantor Signature F)ht 61 tQ-k EEI Printed Name `*D. '&3)C. 44,8 OK'EEct1- -o6EE 24.913 Post Office Address Co- Grantor Signature, (if any) Mt', fnME.b Nool:ubblN Printed Name P. a- / mX 1-1-4 S 61st .Eels -D BEE Post Office Address 1 3 q./ 3 thereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared known to me to be the person /described in and who executed the foregoing instrument, who acknowledged before me that executed the same, and an oath was not taken. (Check one:) 0 Said person(s) is /are personally known to me. 0 Said person(s) provided the following type of identification: 45#7--)V ER-1 ---1 NOTARY RUBBER STAMP SEAL NOTARY PUBLIC -STATE OF FLORIDA Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thn Atlantic Bonding Co., Inc. Witness my hand and official seal in the County and State last aforesaid this I 1 day of NNE M o It CTOCt Data NOry F Si 4tsti .z. r\1 P` N Printed Name Book678 /Page1536 CFN #2009012782 Page 1 of 1 -4 2i ZjF Viffrfte,-,9 ,47/dvil Z.6 e. Ut3e-Nsi /1//04414-1 7-71. 44de/, p ,P\) ee 3 ti 7 s; 4-(2---1-1, Clx? \i'LLeA__c„L NOTARY PUBLIC-STATE OF FLORIDA Shahnaz Akhtar Khan DD969968 .... ftM02, 2014 BONDED T CO., MC. 11-4 r F s'7 h_ 6/Mfrs 14--eCk II Lc,, www.sunbiz.org - Department of State FLORIDA DEPARTMENT OP STATE DIVISION OF CORPORATIONS Page 1 of 2 Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liability Company EAAAS HOLDINGS LLC Filing Information Document Number L09000094235 FEI /EIN Number APPLIED Date Filed 09/30/2009 State FL Status ACTIVE Effective Date 09/29/2009 Principal Address 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE FL 34986 US Changed 03/30/2012 Mailing Address 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE FL 34986 US Changed 03/30/2012 Registered Agent Name & Address SHAKOOR, ARIF 7960 SADDLE BROOK DRIVE PORT ST. LUCIE FL 34986 US Manager /Member Detail Name & Address Title MGRM SHAKOOR, ARIF 7960 SADDLE BROOK DRIVE PORT ST. LUCIE FL 34986 US Title MGRM SHAKOOR, ELMA 7960 SADDLE BROOK DRIVE PORT SAINT LUCIE FL 34986 US Annual Reports Report Year Filed Date 2010 03/30/2010 2011 04/29/2011 Entity Name Search I Submit http: / /www.sunbiz.org /scripts /cordet.exe? action= DETFIL &inq doc_number= L090000942... 10/2/2012 www.sunbiz.org - Department of State FLORIDA DEPARTMENT OP STATE DIVISION OF VORPORATIONS Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liability Company A.M.S.A. HOLDINGS, LLC Filing Information Document Number L07000007838 FEI /EIN Number 208281912 Date Filed 01/22/2007 State FL Status ACTIVE Effective Date 01/22/2007 Principal Address 608 NE 2 AVE OKEECHOBEE FL 34972 US Changed 03/30/2010 Mailing Address P.O. BOX 448 OKEECHOBEE FL 34973 US Registered Agent Name & Address NOORUDDIN, SHAHNAZ 111 NE 11 TH STREET OKEECHOBEE FL 34972 US Name Changed: 02/18/2011 Address Changed: 02/18/2011 Manager /Member Detail Name & Address Title MGRM KHAN, SAEED P.O. BOX 448 OKEECHOBEE FL 34973 US Title MGRM NOORUDDIN, SHAHNAZ P.O. BOX 448 OKEECHOBEE FL 34973 Title MGRM KHAN, MYRA P.O. BOX 448 Page 1 of 2 Document Searches Forms Help Entity Name Search I Submit http: / /www. sunbiz.org /scripts /cordet. exe? action= DETFIL &ingdoc_number= L070000078... 10/2/2012 www.sunbiz.org - Department of State Page 2 of 2 OKEECHOBEE FL 34973 Title MGRM NOORUDDIN, MOHAMMED P.O. BOX 448 OKEECHOBEE FL 34973 Annual Reports Report Year Filed Date 2010 03/30/2010 2011 02/18/2011 2012 03/092012 Document Images Note: This is not official record. See documents if question or conflict. No Events No Name History [Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action—DETFIL&inq_doc number=L070000078... 10/2/2012 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: jN 0471 EAJT arAt, bi li *AT, c'.' eerv•Y: 5A c' } TC/2_,n S iii-y t. h- uljj; /i: "--j( Pitw /yjVvr _. 'hic » e(' -"ft Flom de fix Cdoi,i-v, Nhvw clie_ 6.,,..1 o / y kiwe- e; thew }G F D12 De-�7t eev) -el' /Ai TfI alit S3cr,•f 5 trAcficlle._ t H IVO & /nAl B Are there similar uses in the area. No) ( ) Yes If yes, briefly describe them: lint ��a�_frjr__q�,tienr�- ar'aps. i,�,Pq.7/c?./ tai. 1— 6-JC4i l.L io kibitie_a io Atativvy,azz .471b ,,,► i�cawe4,4-/L s h �Eow/ stc:4.' �r rve4,a -Fri If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities fr, he conducted outside ofa building: Mt 4-41v)•-/e- /NS ;de- 'lc-Le- bu /(,d /c_t 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. /`lift • E Responses addressing the standards and required findings for a special exception as described below. Attach additional sheets as necessary. STANDARDS FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(b), LDR page CD70:19] Applicants are required by Sec. 70- 373(b) to address the following issues in his /her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his /her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 1/.a 0 At cell Cde v Ins p., e Nlt 11.��i a �i cd 01 Cv� b �� eti.bt 40 fl , jiff �O�% • GI% ket �'i.GW( A (ON 1 i o //tk 5 "t-� A.t .+�) /,.J to do.is i tier) 2. Demonstrate ow tth teed 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. iv (] a tit, o 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. O et, (ii `j 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. - N �i o.ti+ /nf►1`id 1 11 1/ 14(114,411 4141'164 ,vJ 91��''��G1fisyfF� � I' e is -6 12T'• f orrL Q4'/ v,(" 719 v./ 7' of e -e-ti 7 /ti 'rte ,t 1 / >— /1�iz4.44,6 5. Demonstrate how the utilities and other service requirements of the use can be met. btro cceA01sty le ,a,ite, .1,/yri2,414_,& 6„y Ni C e 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. PST 1611 r t t) 01)//// ( I/ l4 ~ - pit-T1 4--"/ / , ;ki aiti<z tqu/ 71' (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. me_ � y// 4-e- A 2. The use is specifically authorized as a special exception use in the zoning district. QG- ‘a5_3 (ii) � lie 8 r 3. The use will not have an adverse effect on the public interest. 1 f w / art e_ CoIZl1= ��5� s -r� rL %11��G /J`�/ `NESS . Nv 'C.G'�!t e �j - 1/1 �5+� —mac � ���) -) iv„ �r � /iv 7041, i�/ 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. %4 wd /1 `}- f 66-Gi e 144 141 £X)s -J, b i iAl ohs • 5. The use will not adversely affect property values or living / coonditions, nor be a deterrent to the development of adjacent property. t/ 0 a� � - &et Q4, j /4,4 aryti//7"0-0 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. G R6 qr y� �r G 1 1't — 6-6-41,9 !L� ASP 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. ti/ pave , o -of 60 h`evt., i,� 179 G. /iria., ' GJ � � f tnr it) ✓r e- /ti l) "' d!f i ;1' /� at 1 eir 4 4 l� iC%1 1Li ) �• v►'t� - Y'i � sJ 1-1 &1V etWV�e �� ✓ 8. e use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. /VOA' .t- fr/f The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES IF A BUILDING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL [Sec. 70- 348(4)] (Rev 01/12) Page 9 of 11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I 3 -ool- S� I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this C.4 day of Signature of Applicant Date Y10 N- 117V1 m /1-6 (U 00 t. Db/Av Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this day of NI-0 be r , A-01 Personally known to me f or produced as identification and did not take an oath. p (),)13,t,tkutt_t) Notary Public, State of Florida (Rev 01/12) Notary Public State of Florida Patty M Burnette ,per My Commission EE 218356 d" Expires 10/02/2016 Page 3 of 11 PIN_DSP 3- 15- 37 -35- 0010- 00550 -0010 3- 15- 37 -35- 0010- 00560 -0010 3- 15- 37 -35- 0010- 00560 -0160 3- 15- 37 -35- 0010- 00570 -0050 3- 15- 37 -35- 0010- 00570 -0080 3- 15- 37 -35- 0010- 00570 -0180 3- 15- 37 -35- 0010- 00770 -0010 3- 15- 37 -35- 0010- 00770 -0030 3- 15- 37 -35- 0010- 00770 -0060 3- 15- 37 -35- 0010- 00770 -0100 3- 15- 37 -35- 0010- 00780 -0010 3- 15- 37 -35- 0010- 00780 -0070 3- 15- 37 -35- 0010- 00780 -0090 3- 15- 37 -35- 0010- 00780 -0110 3- 15- 37 -35- 0010- 00790 -0030 3- 15- 37 -35- 0010- 00790 -0050 3- 15- 37 -35- 0010- 00790 -0070 3-15-37-35-0010-00790-0090 3- 15- 37 -35- 0010- 00880 -0060 3- 15- 37 -35- 0010- 00890 -0010 3- 15- 37 -35- 0010- 00890 -0040 3- 15- 37 -35- 0010- 00890 -0060 3- 15- 37 -35- 0010- 00900 -0010 OWNER_NAME TARMAC FLORIDA INC TUTEN TROY T & MARY ANN LOWE JOHN MARCUS & CONSTANC... TRENT RONALD L L HAYDON ELLIS R & RITA KST CONSTRUCTION INC 4 GIRLS ENTERPRISES INC BIG LAKE EYE CARE LLC BIG LAKE EYE CARE LLC BIG LAKE BAPTIST ASSOCIATION I NUNEZ DAVID JR & ANITA MEDINA J REYES GARCIA PARKER ROBERT C SR & JOANNA COYLE WILLIAM D ROWLETT JOSEPH QUARLES NANCY GAIL MITCHELL RONALD & GIANINNA NIX CATHERINE S TRUSTEE MADRIGAL ANSELMO & MARYANN SEACOAST NATIONAL BANK within_300_feet, 10/2/2012, Page 1 ADDRESS_1 1151 AZALEA GARDEN ROAD 2457 SW 18TH COURT PO BOX 296 2322 SE 33RD ST PO BOX 296 2448 NE 80TH AVENUE 3283 NW 32ND AVENUE 701 NE 3RD ST 1540 SE 40TH AVENUE 606 NORTH PARROTT AVENUE PO BOX 1203 701 NE 3RD ST 5615 NE 3RD LANE 209 NE 6TH ST 306 NE 7TH ST PO BOX 1903 PO BOX 1903 311 NE 6TH ST 8800 NW 160TH STREET 201 NE 5TH STREET 201 NE 5TH STREET 1788 SW 8TH STREET 815 COLORADO AVE CITY_NAME NORFOLK OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE STUART ST ZIPCODE VA 235020000 FL 34974 FL 349730000 FL 34974 FL 349730000 FL 349728100 FL 34972 FL 34972 FL 349740000 FL 34972 FL 349731203 FL 34972 FL 34974 FL 349720000 FL 349740000 FL 349731903 FL 349731903 FL 349720000 FL 34972 FL 349722605 FL 349722605 FL 34974 FL 34994 BIG 77 c 2 1 - 15- 37 -35- 0010 - 00770 -0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL34972 10 11 12 3- 15- 37 -35- 0010 - 00770 -0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTTAVENUE OKEECHOBEE FL34972 Legend AMSA HOLDINGS LLC & EAAAS WITHIN 100' NE 2ND AVE NE 7TH ST 6 5 4 3 7 8 3- 15- 37 -35- 0010- 00780 -0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE FL34972 • • i- 15- 37 -35- 0010- 00780 -0010 LAKE BAPTIST ASSOCIATION 1 PO BOX 1203 OKEECHOBEE FL349731203 9 10 3- 15- 37 -35- 0010- 00780 -0090 MEDINAJ REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 NE 6TH ST 6 5 4 3 2 1 3- 15- 37 -35- 0010- 00780 -0110 PARKER ROBERT C SR & JOANNA 209 NE 6TH ST OKEECHOBEE FL349720000 11 12 2 1 NE 3RD AVE D_SearchResults Okeechobee County Property Appraiser CAMA updated: 9/27/2012 Parcel: 3- 15- 37 -35- 0010- 00780 -0050 LL1` i'LU_ C Owner's Name AMSA HOLDINGS LLC & EAAAS Site Address 608 NE 2ND AVE, OKEECHOBEE Mailing Address HOLDINGS LLC 906 SW LIGHTHOUSE DRIVE PALM CITY, FL 34990 Description CITY OF OKEECHOBEE LOTS 3, 4, 5, & 6 BLOCK 78 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.642 ACRES SITIR 15 -37- 35 Neighborhood 113658.00 Tax District 50 DOR Use Code OFFICE BLD (001700) Market Area ao The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. rty & Accessment -Mkt Land Value cnt: (2) $52,200.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $382,836.00 XFOB Value cnt: (9) $74,739.00 Total Appraised Value $509,775.00 Page 1 of 2 2012 Proposed Values GIS Aerial Search Result: 1 of 1 2017 P '1 Values Just Value $509,775.00 Class Value $0.00 Assessed Value $509,775.00 Exempt Value $o.00 Total Taxable Value $509,775.00 Sale Date Book/Page Inst. Type Sale Vlmp Sale Quai Sale RCode Sale Price 2/8/2010 684/373 QC I U 11 $28,400.00 11/17/2009 678/1536 QC I U 11 $100.00 2/16/2007 624/376 WD I Q $160,000.00 11/1/1994 362/955 QC I U 03 $0.00 10/1/1991 362/951 QC I U 02 (Multi - Parcel Sale) - $0.00 4/1/1991 323/387 PB I U 03 $0.00 5/1/1987 287/956 PR I U 03 $100.00 Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 2 M /FAM TWO (002400) 2010 11033 11899 $382,836.00 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 10/2/2012 April 4, 2013 Mr. Muhammad Nooruddin PO Box 448 Okeechobee, FL 34973 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863 - 763 -3372 FAX 863- 763 -1686 VIA EMAIL nooruddin64 atgmail.com Dear Mr. Nooruddin: Re: 13- 001 -SE This letter is to officially advise you that the Board of Adjustments at its regular meeting on February 21, 2013, approved your request to allow a Group Home in the form of a short -term residential rehabilitation center providing in- patient physical and occupational rehabilitation and therapy within a Light Commercial (CLT) Zoning District (Ref. Sec. 90 -253 (16)), and operating in the same facility as the existing Assisted Living facility previously approved by Special Exception, Ref. Code Book Sec. 90 -253 (17) with the following conditions as recommended by Planning Staff: That the approval of Special Exception No. 12403 -SE on July 19, 2012 for a group home operating as a drug and alcohol rehabilitation (detox) facility at 608 Northeast 2nd Avenue is rescinded concurrent with the approval of this request (Special Exception 13- 001 -SE) and the operation of the rehabilitation center must not commence until such time as the City Clerk is provided a copy of the license issued by the State to operate said facility. In addition, I would like to make sure you are aware that you will need to follow up with the Finance Department in order to add a Business Tax Receipt (BTR) for the short -term rehabilitation center. Kim Bames can assist you with this, her contact information is, 863- 763 -3372 ext. 222 or kbames @cityof: •chobee corn, There are two important timelines you need to be aware of regarding Special Exceptions. When they are granted, the owner has a period of two years to submit for a building permit in order to make the necessary modifications that allow the Special Exception, or it will become invalid [Sec. 70- 348(4)]. The next is, should you not keep the short -term rehabilitation center BTR active for more than 180 continuous days, at the location, then the Special Exception will become invalid [Sec. 70- 373(8)(f)]. Once a Special Exception becomes invalid, the owner has to go through the entire process for approval. Attached herewith please find a copy of the February 21, 2013 Planning Board /Board of Adjustment and Appeals minutes for your records. Should you require any additional information, please do not hesitate to contact me. Sincerely, Pam- P; l lll rii Patty M. Burnette General Services Coordinator Attachment c: Shahnaz Nooruddin, Agent, A.M.S.A. Holdings, LLC Arif Shakoor, Agent, E.A.A.A,S. Holdings, LLC AGENDA V. OPEN PUBLIC HEARING (QUASI- JUDICIAL) - Chairperson. A. Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District (Ref. Sec. 90 -253 (16)) and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17) for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 NE 2nd Avenue. The applicant is also requesting the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the property owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 2 OF 9 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:04 P.M. Petition No. 13-001-SE, was submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 Northeast 2nd Avenue, to allow a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial (CLT) Zoning District and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Sec. 90 -253 (17). Chairperson Hoover yielded the floor to Planning Consultant Brisson who explained that the petition was for a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy operating in the same facility as the existing Assisted Living Facility. The two uses would be separately run while possibly sharing dining facilities. A State license is required for this type of Group Home and while there is currently a moratorium on this type of use, the State requires approval from the City beforehand. The applicant is aware that he may need to reapply should the use fail to exist or fail to be used for a continuous period of 180 days as per Code Section 70 -373 (f). The applicant is also requesting the Board rescind a previously approved Special Exception No. 12- 003 -SE for a Group Home in the form of a residential drug /alcohol rehabilitation facility. The applicant, Dr. Muhammad Nooruddin was present. Board Member Ritter asked what the definition of occupational therapy was. Dr. Nooruddin explained that it relates more to the upper extremities such as your arms and hands. It is used to teach patients how to dress themselves without assistance like when someone has a stroke. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. She read into the record an email received by Secretary Burnette from Board Member Brass, as follows: "Good Afternoon Patty, as 171 likely be unable to make it to our meeting on Thursday night, 1'd simply like to state for the record how pleased (and relieved)1 am that the property owners in the above -cited petition have opted to request recission of their recent special exception approval fora drug and alcohol rehabilitation operation within their assisted living facility. This application fora new special exception to allow provision of inpatient physical and occupational rehab and therapy instead is a very positive change and would certainly receive my vote of support , barring any caveats unknown to me at this time. Not only do 1 personally find this (continued) AGENDA V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. A. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary for Petition No. 13- 001 -SE continued. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 3 OF 9 ACTION - DISCUSSION - VOTE new proposed business plan far more feasible, 1 believe it will garner support from both Okeechobee's residents and medical providers alike. If approved, I wish the owners great success in their expanded endeavors at The Heritage Assisted Living facility." Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. Member Burroughs disclosed he met with the applicant a couple of months ago and they discussed this new endeavor. Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as it is designated Commercial on the Future Land Use Map and is not contrary to any provision in the Comprehensive Plan. The use is authorized as a Special Exception in the Light Commercial Zoning District per Section 90- 253(16). A short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy qualifies as an allowable special exception use under the definition of Group Home. The use will not have an adverse effect on the public interest as it will not significantly differ from those associated with the current use of the building. The use is appropriate for the proposed location as most existing uses are commercial, and reasonably compatible with the adjacent uses. It is not detrimental to urbanizing land use patterns as this area is within the proposed Transitional Commercial Overlay. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. No additional landscaping or screening is necessary to buffer the use from adjacent uses as the building and grounds are already suitably buffered from adjacent properties to the South, Southeast and East by walls and to the North, Northwest and West by public roads. The use will not create a density pattern that will overburden public facilities as there will be no increase in the number of beds in the facility and any increase in intensity would be minimal. The use will not create traffic congestion nor will traffic safety be compromised by location of the short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within the building. Drainage will remain essentially the same as previous since there is no physical change to the structure. Board Member Burroughs moved to approve Petition No. 13- 001 -SE, submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short -term residential rehabilitation center providing inpatient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception No. 08- 011 -SE for Lots 3 to 6 of Block 78, City of Okeechobee, and located at 608 Northeast 2nd Avenue with the following conditions as recommended by Planning Staff: That the approval of Special Exception No. 12- 003 -SE on July 19, 2012 for a group home operating as a drug and alcohol rehabilitation (detox) facility at 608 Northeast 2 "d Avenue is rescinded concurrent with the approval of this request (Special Exception 13-001 - SE) and the operation of the rehabilitation center must not commence until such time as the City Clerk is provided AGENDA V. PUBLIC HEARING (QUASI - JUDICIAL) CONTINUED. A. 5. a) Consideration of a motion to approve or deny Petition No. 13-001 - SE. b) Board discussion. c) Vote on motion. B. Petition No. 13- 002 -SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District (Ref. Sec. 90 -283 (5)) and located at 108 SE 5th Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, Pg 4, Okeechobee County public records, containing approximately 0.46 acres (Exhibit 2). 1. Hear from Planning Staff. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 4 OF 9 ACTION - DISCUSSION - VOTE a copy of the license issued by the State to operate said facility; seconded by Board Member McCreary. Chairperson Hoover asked whether there was any further discussion. The Board discussed the non -use clause which affects Special Exception petitions by causing them to be invalid when the use is not implemented within 180 days after approved. The applicant is fully aware of the situation. VOTE HOOVER - YEA MCCOY - YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - ABSENT RITTER - YEA CREASMAN - N/A MCCREARY - YEA KELLER - YEA MOTION CARRIED. Petition No. 13- 002 -SE, was submitted by property owner, Kenneth R. Splete for a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres and located at 108 Southeast 5th Avenue, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District. Chairperson Hoover yielded the floor to Planner Brisson who explained that the petition was for a building trades contractor's office with outdoor storage on a lot of about 20,000 square feet. The property previously had been a used vehicle sales lot. The property is located within the proposed Commercial Corridor and the site is appropriate for the use. Except for the shed located in the Northwest corner, all the structures were built on the site in 2001. The shed was built in 1990 and has a nonconforming rear setback. The parking of the tool trailers in the carports and use of the storage shed for tool storage are compatible with the surrounding uses. The business will operate in the building that was previously used as the business office associated with the sale of used cars. Minimal people are expected to visit the office. The only difference in the proposed use of the property from the previous use is the parking of the tool trailers in the carport rather than parking or display of cars. No additional landscaping or screening is necessary assuming there will be no outdoor storage of construction vehicles or materials. Parking is sufficient and poses no problems. lilDEPENDENT 0410?e _ NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally, appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 1.9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in• -iiid 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•postoffice 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 f o .lication in the said newspaper. Tom Byrd Sworn to and subscribed before :me:Ithis day of �� . 1., - , /erg "' AD Notary Public, State of Florida at Large a an BRIDGES ANGIE tn, MY COMMISSION E 177653 • .. EXPIRES: April 20, 2016 �„ Bonded Tfifu Notary Public Underwriters .1 (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,,February 21, 2013 at 6:00 p.m. or as soon thereafter as possible, at (Ity Had, 55 SE 3rd Ave Council Cham- bers, Rm 200, Okeechobee, Florida. The agenda is available on the Cary webste www.cityofokeechobee.com, or contact the General Services De- partment, pbumette@cityofokeechobee.com, 863 -763 -3372 x 218. Unnyder consideration is Special Exception pPeeolptloonny80. 13-001 -SE, submit- ted rngs, LLCMuhammad ad A.S. Holdings, behalf C,to allow a Group Horne in the form of a short-term residential rehabilitation center providing In- patient physical and occupabonal rehabilitation and therapy within a Light Commercial Zon- ing District, Ref. Code Book Section 90- 253(16), and operating In the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Code Book Section 90-253(17). The applicant rs also re- questing the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility. Property Is located at 608 NE 2nd Avenue, Legal: Lots 3 -6, Block 78, City of Okeechobee, Plat Book 5, Page 5 Okeechobee County public records. M 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 dedsion making body (quasi - judicial), on behalf of the City, to approve or deny Special Excep- tions. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any derision made by the Board of Adjustment and Appeals 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: Brian Whitehall, Zoning Administrator Petition No. 13. 001 -5E 436046 ON 2/3,13/2013 elF1 Client: 161381 CITY OF OKEECHOBEE Phone. (863) 763 -3372 Ext: 0000 Address: 55 SE 3RD AVE Attn: Melisa OKEECHOBEE, FL 34974 Ad # 436046 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: 02/03/2013 End Date: 02/13/2013 Nb. of Inserts: 2 Po #: 3537 Publications: Okeechobee News Total Price: l$208.26 Page 1 of 1 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, February 21, 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, pburnette@cityofokeechobee.com, 863 -763 -3372 x 218. Under consideration is Special Exception Petition No. 13- 001 -SE, submit- ted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Hold- ings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short-term residential rehabilitation center providing m- patient physical and occupational rehabilitation and therapy within a Light Commercial Zon- ing District, Ref. Code Book Section 90- 253(16), and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Code Book Section 90- 253(17). The applicant is also re- questing the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility. Property is located at 608 NE 2nd Avenue, Legal: Lots 3 -6, Bkxk 78, 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 -Fn, 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 5 made, which record includes the testimony and evidence upon which the appeal is to be based. General Services rnedia are used for the sole purpose of back -up for the depart- ment. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should contact the General Services Office at 863- 763 -3372 for assistance. by: Brian Whitehall, Zoning Administrator Petition No. 13- 001 -SE 436046 ON 2/3,13/2013 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: A.M. S.A. Holdings, LLC Petition No.: 13- 001 -SE 11 _'! 1 I'lanning & Management Services. Inc. 1 3-5 hwn ?trevt. hull, 96 u11 Nh,l.s.. Plnnda 39 33 i id1 Serving I'Iuricla Local Governments Since 1988 Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 13- 001 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number E -mail Address A.M.S.A. Holdings LLC and EAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2nd Avenue Muhammad Nooruddin, Mgr of A.M.S.A 863 - 801 -1925 Nooruddin64 @gmail.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Proposed Commercial Commercial CLT CLT Assisted Living Group Home Facility (ALF) (Rehabilitation Ctr.) & ALF 0.642 0.642 Legal Description of Property Location: 608 NE 2nd Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3- 15- 37 -35- 0010- 00780 -0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item Before the Board of Adjustment Applicant is requesting a Special Exception for a Group Home in the form of a short - term residential rehabilitation center providing in- patient physical and occupational therapy in the same building as the existing assisted living facility previously approved by special exception. Serving Florida l.nLal tioAernntent' tiinir 1085 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 13- 001 -SE Description of the Situation This property was originally the subject of a Special Exception approval of an Assisted Living Facility in 2007. It has, more recently been the subject of applications for and approvals of both a Special Exception (12- 003 -SE), approved by the Board of Adjust- ment on July 19, 2012, and a Rezoning (12- 001 -R) approved by the City Council on September 4, 2012. The Rezoning was from CPO to CLT and the Special Exception was for a group home in the form of an alcohol and drug rehabilitation center (detox center). The State subsequently denied the license to allow the detox center on the same premises as the existing ALF, and the special exception has never been implemented. This application is for a short -term residential rehabilitation center providing in- patient physical and occupational therapy in the same building as the existing assisted living facility. While the in- patient rehab center will be housed in a separate wing of the structure, the ALF residents and rehab patients may share dining facilities. A Group Home is a Special Exception in the CLT District. The Applicant has informed us that the State currently has a moratorium on the issuance of licenses for rehabilitation centers and that operation of the rehabilitation center will not commence until such license has been granted. However, the State requires documentation that the proposed rehabilitation center is consistent with the City's Zoning regulations. Adjacent FLUM Classification, Zoning District and Existing Land Use North Future Land Use Map Classification Zoning District Existing Land Use East Future Land Use Map Classification Zoning District Existing Land Use South Future Land Use Map Classification Zoning District Existing Land Use West Future Land Use Map Classification Zoning District Existing Land Use Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Assn. " Commercial and Single Family CPO and RSF -1 Vacant and single - family Commercial CHV "KST Construction" Se rritte Florida l.0L.11 GO% ern mrnts Sine 108, Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 13- 001 -SE Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Yes, it is built according to code for in- patient rehab facility with a call bell in each room and bathroom. Wheel chair accessibility has been taken into consideration at the time of building the ALF." The specific proposed use is a short -term residential rehabilitation center providing in- patient physical and occupational therapy. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and /or the agency for health care administration, or other state or federal agency. A short -term residential rehabilitation center providing in- patient physical and occupational therapy is compatible with the existing ALF use on the property. However, before the rehab center may operate, it must receive the license from the State. It is similarly compatible with the zoning and uses on adjacent properties, which uses are largely commercial. The subject property is located one block east of US 441 in the Transitional Commercial Overlay area within which properties are expected to be zoned primarily CLT, CPO, or RMF. Two of these zoning districts (CLT and RMF) allow Group Homes. Although one adjacent property is zoned RSF1 and used as a single - family residence, it is adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We agree that the location and specific site are appropriate for the proposed use. Serving Florida Local r;mrrnmrniti Sinac Ia17:$ Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "No change in building structure modification needed." The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, the in- patient rehabilitation treatment and occupational therapy will occur entirely within the property and are expected to have no significant effects upon the surrounding properties. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "Landscaping is perfectly appropriate for in- patient facility." The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "In- patient rehab patients are usually dropped off. No overnight stay of any vehicle. If it's one driving they don't need to be in in- patient rehab." There will be no increase in the number of beds in the facility. Since the rehabilitation patients are driven to the facility, dropped off, and are picked up by friends or relatives, the impacts of the operation will be no different from those of the previously approved ALF. Presumably, the only difference in the operation will be the use of rehabilitation and occupational therapists replacing some of the ALF Staff. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current assisted living facility has little or no effect upon the surrounding neighborhood, and presents no hazards or public nuisances, the in- patient rehabilitation center will have no significant effects upon the surrounding properties. `errin¢ Florida l.ui;d (;EAt.truilents',in.r.• Irir;S Staff Report Applicant's Name: A. M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (5) Demonstrate how the utilities and other service requirements of the use can be met. "No change." Since there will be no increase in the number of beds in the facility, one would not expect any increase in the demand upon utilities or other service requirements such as sanitary sewer or solid waste. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "Patients who will be admitted to in- patient rehabilitation facility get dropped off by family member or ambulance. None of the in- patient residents drive in." The Applicant has provided no specific information regarding how traffic may or may not differ from that generated by the ALF operation. We also have no specific information regarding traffic generation. It would be reasonable to expect, however, that because the period of residence (two to six weeks on average) among those undergoing rehabilitation will be Tess than that among ALF residents there will be somewhat greater turnover among the residents. If the rehabilitation residency averaged about one month and even if all 32 units were devoted to rehabilitation, there would only be maybe two extra trips per day due to the increased turnover. Also, we would not expect any significant difference between the traffic associated with those servicing the ALF facility and that associated with the rehabilitation operation. Section 70- 373(c) (1) — (8) (1) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) -(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. The use is not contrary to the Comprehensive Plan requirements. "The use will be perfectly appropriate once the State issues the license to operate as in- patient rehabilitation." The property is designated Commercial on the Future Land Use Map and the proposed use is not contrary to any provision in the Comprehensive Plan. ,vI ing 1"knida Lui.tl (;11rcrnnn•nt. tiin.r 1o8s Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (2) The use is specifically authorized as a special exception use in the zoning district. (3) No comment provided by applicant. Section 90 -253 specifically authorizes a group home as a special exception use within the CLT Zoning District. As noted previously, a short-term residential rehabilitation center providing in- patient physical and occupational therapy qualifies as an allowable special exception use under the definition of Group Home in the LDC. The use will not have an adverse effect on the public interest. "It will be the same effect as our current assisted living business. No change of any type to some portion or all in- patient rehab." We agree there should be no adverse effect upon the public interest, particularly, any increase in the intensity of the current facility will be minimal if any. There will be no impact upon the provision of public services, no significant increase in traffic and as previously noted, adjacent properties are well buffered. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "It will fit perfectly in existing business." A short-term residential rehabilitation center providing in- patient physical and occupational therapy is compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single - family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We do not believe the operation of a rehabilitation center either by itself or in conjunction with the ALF will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "No change in any living condition required." For the same reasons given in our comments to number (4), above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. ticrein}; rhnitia I.rnal Gr» crnment. sinca• 1088 Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "No change of any structure changes needed." The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads and need no special screening treatments. (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "None, no additional traffic pattern or effect in the area. As patient will be dropped off and picked up after their completion of rehab; two to six weeks as an average." There will be no increase in the number of beds in the facility, therefore there will be no change in the density and any increase in intensity will be minimal and would not overburden any public facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "None at all." We would expect only a minimal (if any) potential increase in traffic, as set forth in our earlier response to item #6 on page 4. Serving Fi nid:e l.e . t:o%ernnrvnt, Staff Report Special Exception Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 13- 001 -SE Recommendation Staff recommends approval of the Special Exception request to allow a Group Home in the form of a short-term residential rehabilitation center providing in- patient physical and occupational therapy in conjunction with and in the same building as the existing assisted living facility at 608 NE 2nd Avenue with the following stipulations: 1. The approval of Special Exception 12- 003 -SE on July 19, 2012 for a group home operating as a drug and alcohol rehabilitation (detox) facility at 608 NE 2nd Avenue is rescinded concurrent with the approval of this request (Special Exception 13- 001-SE) 2. The operation of the rehabilitation center must not commence until such time as the City Clerk is provided a copy of the license issued by the State to operate said facility. Submitted by: Wm. F. Brisson, AICP Planning Consultant February 12, 2013 Board of Adjustment Hearing: February 21, 2013 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses si•rving Flutida I.0n.al t„» vrnntonts Sin«• I08v Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 13- 001 -SE Special Exception FUTURE LAND USE MAP Subject Property NE 4th St. COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY - COMMERCIAL rml INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Sen in}; Florida Lokal GoAernroem+ Sine 14$x Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE ZONING - Ceo -COMM BUSINESS DISTRICT - CMV - *MANN COMMERCIAL ® CLT- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE "i/i +t- MOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES PUS -MIXED PUD-R . RMF RESIDENTIAL MULTIFAMILY RUM - RESIDENTIAL MOBILE MOMS RS FI - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY (2 ZONING MAP Sect ing Florida Local ( ;t, ernnunt+ Sink e 1981, 10 Staff Report Special Exception Applicant's Name: A.M. S.A. Holdings, LLC Petition No. 13- 001 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Sorting Mtida 1.otat 1. Aernments Sine 1988 I Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE FUTURE LAND USE MAP Subject Property NE 7th St. NE 4th St. COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY - MULTI - FAMILY all COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE I aR1te Serving Florida Local Governments Since 1988 LJ Staff Report Applicant's Name: A.M. S.A. Holdings, LLC Special Exception Petition No. 13- 001 -SE ZONING MAP Subject Property 55 NE 7th S 54 NE 4th St. 121 ZONING In C52 - COMM 6-I NESS DISTRICT - 24V - NEAMY COMMERCIAL .41 CLT- LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFecE H- HOLDING " IND - NDIJ°.TRIAL lel PUB - PUBLIC FACILITIES PUD -MIXED PUD-R - RMF RESIDENTIAL MULTIFAMILY R&M - RESIDENTIAL MOBILE NOME RS FI - RESIDENTIAL SINGLE FAMILY RS F2 - RESIDENTIAL ;ANGLE FAMILY ;2' z 120 Seeing Florida Local Governments Since 1988 10 Staff Report Special Exception Applicant's Name: A. M. S. A. Holdings, LLC Petition No. 13- 001 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES Serving Florida Local Governments Since 1988 11 Patty Burnette From: Karyne Brass <khbrass @live.com> Sent: Tuesday, February 19, 2013 2:39 PM To: Patty Burnette Subject: Okeechobee Planning Board Petition #13- 001 -SE Good Afternoon Patty, As I'll likely be unable to make it to our meeting on Thursday night (02/21/13), I'd simply like to state for the record how pleased (and relieved) I am that the property owners in the above -cited petition have opted to request recission of their recent special exception approval for a drug and alcohol rehabilitation operation within their assisted living facility. This application for a new special exception to allow provision of inpatient physical and occupational rehab and therapy instead is a very positive change and would certainly receive my vote of support, barring any caveats unknown to me at this time. Not only do I personally find this new proposed business plan far more feasible, I believe it will garner support from both Okeechobee's residents and medical providers alike. If approved, I wish the owners great success in their expanded endeavors at The Heritage Assisted Living facility. Sincerely, Karyne H. Brass, Board Member City of Okeechobee Planning Board /Board of Adjustments 1 Patty Burnette From: Karyne Brass <khbrass @live.com> Sent: Tuesday, February 19, 2013 2:45 PM To: Patty Burnette Subject: RE: Phone conversation this morning re:PB /BOA Meeting Attachments: image002.jpg Patty, I haven't called Bill, and don't think I will. If I do, I'll tell him I've spoken with you and will notify you of my communication with him. And although my e-mail wasn't specific about it - -I would like for it to be read into the record. Thanks for your assistance! CXarpne From: pburnetteOcityofokeechobee.corn To: khbrassMve.com Subject: Phone conversation this morning re:PB /BOA Meeting Date: Tue, 19 Feb 2013 11:48:22 -0500 Hi Karyne. Spoke with Lane and she said that if you are going to send me an email with comments that you would like to have read into the record, which is no problem, you would also need to disclose, Ex -Parte Communications, that you spoke with me, staff, and Bill Brisson, should you decide to call or email him. His number is 1 -800- 741 -4062. He may be able to clarify some of your questions better. She did also say that speaking with another Planning Board member would be in violation of Sunshine like we thought. Thanks and have a great day, Patty n rI LTT Patty 1vt. Burnette generafServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 `der 863-763-3372 ext. 218 'Fax: 863 -763 -1686 e -rnait pburnette @cityofokeechobee.cont website: ivw.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. February 14, 2013 Mr. Muhammad Nooruddin PO Box 448 Okeechobee, FL 34973 Dear Mr. Nooruddin: CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863- 763 -3372 Fax: 863 - 763 -1686 VIA E -MAIL nooruddin64Agmail.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- 001 -SE to allow a Group Home in the form of a short -term residential rehabilitation center providing in- patient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District, Ref. Code Sec. 90- 253(16), and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, Ref. Code Book Sec. 90 -253 (17), located at 608 NE 2nd Avenue on Thursday, February 21, 2013 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Agenda and 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, ��-�- N Bt's +t Tt..i..t...!,.�i � I � ,k,. A.�l i, rlk�.. � f E..... Patty M. Burnette General Services Coordinator Attachments — 3 c: Shahnaz Nooruddin, Agent, A.M.S.A. Holdings, LLC Arif Shakoor, Agent, E.A.A.A.S. Holdings, LLC 0 City of Okeechobee 55 SE Third Avenue Tele: 863- 763 -3372 Ext, 218 Okeechobee, FL Fax: 863 -763 -1686 Dear Property Owner. February 6, 2013 The Board of Adjustments will consider Special Exception Petition #13 -001 -SE to allow a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical & occupational rehabilitation & therapy in a Light Commercial Zoning District ref Code Sec. 90 -253 (16) & operating in the same facility as the existing Assisted Living Facility, located at 608 NE 2'd Ave. As well as rescind a previously approved Special Exception for a Group Home in the form of a re,identiai drug /alcohol rehabilitation facility. You are receiving this courtesy notice as a property owner within 300 t of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200, Thurs, Feb 21, 2013 at 6 PM; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pbumette @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 Barnette, General Sere. = 'ator CITY OF OKEECHOBEE 55 SE 3rd AVENUE EMMA OKEECHOBEE, FL 34974 co 045J83062012 ,•■•■ WNW < $C$ 0 02/06/2013 41; Mailed From 34974 RECEIVED FEB 0 8 2013 e , I- 1- Y." 4-7 & 1 OR WAR D TTM F XP R TN TO SF ND NI X OKEECHOBEE FL 3 4 9 7 3 005 0 PFTUN Tr) cFNnFR LLE.1 City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 -763 -1686 Dear Property Owner. February 6, 2013 The Board of Adjustments will consider Special Exception Petition #13-001 -SE to allow a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical & occupational rehabilitation & therapy in a Light Commercial Zoning District ref Code Sec. 90 -253 (16) & operating in the same facility as the existing Assisted Living Facility, located at 608 NE 2"d Ave. As well as rescind a previously approved Special Exception for a Group Home in the form of a residential drug/alcohol rehabilitation facility. You are receiving this courtesy notice as a property owner within 300 ft of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200, Thurs, Feb 21, 2013 at 6 PM; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pbumette©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, nattyM 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: February 6, 2013 The Board of Adjustments will consider Special Exception Petition #13- 001 -SE to allow a Group Home in the form of a short-term residential rehabilitation center providing inpatient physical & occupational rehabilitation & therapy in a Light Commercial Zoning District ref Code Sec. 90 -253 (16) & operating in the same facility as the existing Assisted Living Facility, located at 608 NE 2nd Ave. As well as rescind a previously approved Special Exception for a Group Home in the form of a residential drug/alcohol rehabilitation facility. You are receiving this courtesy notice as a property owner within 300 ft of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200, Thurs, Feb 21, 2013 at 6 PM; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pbumette @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 emailedifaxed. Respectfully, natty,. Burnette, General Services Coordinator Tarmac Florida Inc. 1151 Azalea Garden Rd Norfolk, VA 23502 Ronald L. Trent 2322 SE 33`d Street Okeechobee, FL 34974 4 Girls Enterprises Inc. 701 NE 3`d Street Okeechobee, FL 34972 Big Lake Baptist Association P.O. Box 1203 Okeechobee, FL 34973 Robert & Joanna Parker 209 NE 6th Street Okeechobee, FL 34972 Nancy Quarles 311 NE 6th Street Okeechobee, FL 34972 Anselmo & Mary Ann Madrigal 1788 SW 8th Street Okeechobee, FL 34974 Troy & Mary Ann Tuten 2457 SW 18th Court Okeechobee, FL 34974 Ellis & Rita Haydon 2448 NE 80th Avenue Okeechobee, FL 34972 Big Lake Eye Care LLC 1540 SE 40th Avenue Okeechobee, FL 34974 David & Anita Nunez 701 NE 3rd Street Okeechobee, FL 34972 William D. Coyle 306 NE 7th Street Okeechobee, FL 34974 Ronald & Gianinna Mitchell 8800 NW 160th Street Okeechobee, FL 34972 Seacoast National Bank 815 Colorado Avenue Stuart, FL 34994 John & Constance Lowe P.O. Box 296 Okeechobee, FL 34973 KST Construction Inc. 3283 NW 32nd Avenue Okeechobee, FL 34972 Big Lake Eye Care LLC 606 N. Parrott Avenue Okeechobee, FL 34972 J. Reyes Garcia Medina 5615 NE 3rd Lane Okeechobee, FL 34974 Joseph Rowlett P.O. Box 1903 Okeechobee, FL 34973 Catherine S. Nix Trustee 201 NE 5th Street Okeechobee, FL 34972 SP() nottazi eaCir mu m Iu. .a.ct Gt.* f1eCd. m i t - '/301, Patty Burnette From: Lane Gamiotea <Igamiotea @cityofokeechobee.com> Sent: Tuesday, January 29, 2013 3:33 PM To: 'Bill Brisson'; Patty Burnette Cc: 'Brian Whitehall'; Meljsa Jahner Subject: Petition #13- 001 -SE clarification In an effort to not allow the same thing happen twice, and to be sure all City terms /descriptions are consistent in the letters to surrounding owners, planning staff report, ads /notices for this special exception petition, please advised as to how I am to word the legal advertisement In the past we have always worded it as follows: ".... To allow a within a zoning district, ref. code book section in this case it's to allow a group home within a CLT zoning district, ref code book section 90- 253(16) we know a group home has many uses that fall under it, the content in the application explains that it's for a group home that provides for a rehabilitation center and assisted living facility w/I CLT, but Assisted Living Facility is specifically provided as its own special exception, see Sec. 90- 253(17) so I do not believe we're supposed to use that term, Group Home definition in the code reads that it could be a permanent or temporary residential facility, a community residential home, which individual cooking facilities are not provided. Then, what type of rehabilitation center are we to list? The application lists inpatient & short term physical & occupational therapy, are these allowed in the F.S. list of what falls under group home? Thank you .... The ad is due to the paper Thurs 1/31 morning © LaneiEa.- neact -fi,rec , CHC City Cles -ki'ei o-vt eLAdnni: 14,trcttor City o f Okeechobee. 55 South3 "a "Ave. 4- c' Okeechobee, FL 34974 863. 763-3372 e'xt 21 863-763-1686 fa*. 863 - 697-0345 cab, oityo fo bs co*w PUBLIC RECORDS NOTICE: All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. 1 PUBLIC NOTICE PLANNING BOARD MEETING BOARD OF ADJUSTMENT & APPEALS MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board and the Board of Adjustment and Appeals will be meeting on Thursday, February 21, 2013, at 6:00 p.m. or as soon thereafter as possible at City Hall, 55 SE 3rd Avenue, Council Chambers, Room 200, Okeechobee, Florida. Petitions /Applications under consideration at this meeting are: Petition No. 13- 001 -SE: Submitted by Muhammad Nooruddin, on behalf of property owners A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to allow a Group Home in the form of a short -term residential rehabilitation center providing in- patient physical and occupational rehabilitation and therapy within a Light Commercial Zoning District, ref. Code Book Section 90- 253(16), and operating in the same facility as the existing Assisted Living Facility previously approved by Special Exception, ref. Code Book Section 90- 253(17). The applicant is also requesting the Board rescind a previously approved Special Exception for a Group Home in the form of a residential drug /alcohol rehabilitation facility. Property is located at 608 NE 2nd Avenue, Legal: Lots 3-6, Block 78, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5 Page 5, Public Records of Okeechobee County, Florida. Petition No. 13- 002 -SE: Submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, ref. Code Book Section 90- 283(5). The proposed use is for a general contractor's office, with tool and equipment storage. Property is located at 108 SE 5th Avenue, Legal: A portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, PG 4, Okeechobee County public records, containing approximately 0.46 acres. Proposed LDR Amendments. As the Local Planning Agency, the Planning Board can consider offering a recommendation on any proposed amendments to the current Land Development Regulations submitted by City Staff, Board Members, or citizens. Recommendations are forwarded to the City Council for further action. The agenda is published on the City website cityofokeechobee.com or contact Board Secretary Patty Burnette. 863- 763 -3372 ext 218, pburnette@cityofokeechobee.com for a copy. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. 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 Department at 863- 763 -3372 for assistance. by: Dawn Hoover, Board Chairperson Patty Barnette From: muhammad nooruddin <nooruddin64 @gmail.com> Sent: Wednesday, January 09, 2013 11:42 AM To: Patty Burnette Subject: special exception Sorry for delay in response. I got sick when I come back. I am ready to go on next available meeting for special exception. Muhamamd 1 /9/13 Patty Barnette From: Sent: To: Subject: muhammad nooruddin <nooruddin64 @gmail.com> Tuesday, October 16, 2012 11:54 AM Patty Bumette Hold Application Good Morning Petty Would you please Hold the application for special exemption for inpatient rehabilitation till January 2013. I need to find out few items with the state and Bill. Thanks Muhammad C'on v��'Su- Q �l i'Ylu �tQ vvt r►tic �-tiC wu l a ll /la '� one TO-Ake m cav,/at 40 hol t,Gt, 4 tovAiit) 2 6.0_ co y B/W SLY ODA Oa,n P t *� —Fa G� t a tit-) �o y mu how `f— z '' fi' f (t. l c. y' k -r" I , tj AT'U-A-s CI k fr 1 Patty Burnette From: Bill Brisson <bill @larueplanning.com> Sent: Wednesday, September 26, 2012 9:44 AM To: 'Patty Burnette' Subject: RE: question You're welcome. E'lanning & Management Services, Inc. •r!''+� \\ ■■■ 1 I(,,..• 11( 1' •D., {l{•lM..� From: Patty Burnette f mailto: pburnette(acityofokeechobee.coml Sent: Tuesday, September 25, 2012 12:31 PM To: 'Bill Brisson' Subject: RE: question Thank you. I will forward the information to Muhammad. From: Bill Brisson [ mailto: bill@larueplanning.com] Sent: Tuesday, September 25, 2012 11:47 AM To: 'Patty Burnette' Subject: RE: question No there is not. But if not used a special exception dies after a certain period of time. Nevertheless, we, as staff, would recommend not having multiple special exceptions valid for one piece of property. Planning & Management Scry ccs, Inc. \\ i i. %Il 1' 0, 1. 6'. }. i•wa• From: Patty Burnette jmailto:Dburnette@a cityofokeechobee.coml Sent: Tuesday, September 25, 2012 10:11 AM 1 To: 'Bill Brisson' Subject: RE: question Sorry about this Bill. I was writing this at the same time you were sending your response. Is there anywhere in our code that mentions or speaks about conditions being put on an approval for one special exception if there is another one that was recently granted? I couldn't find anything and was just wondering if there was someplace I could refer Muhammad to. Thanks. From: Bill Brisson [mailto:bill @larueplanning.com] Sent: Tuesday, September 25, 2012 9:43 AM To: 'Patty Burnette' Subject: RE: question No, I figured when I sent my response to you, you would forward it to him if you didn't have any questions. Bill Planning & Management Services, Inc. 14ill: , • .,r,• r J'hr From: Patty Burnette j mailto :pburnette @cityofokeechobee.com] Sent: Tuesday, September 25, 2012 9:28 AM To: bill @larueplanning.com Subject: FW: question Hi Bill. Was just wondering if you sent an email to Muhammad about his inquiry below and what we had discussed on Thursday evening? Thanks, Patty From: Patty Burnette [ mailto :pburnette @cityofokeechobee.com] Sent: Thursday, September 20, 2012 9:58 AM To: bill @Iarueplanning.com Subject: FW: question Bill, In doing some quick research after speaking to Muhammad, I saw under Special Exception Use Regulations for Nursing Home Requirements that the location shall not be located within 500 feet of an industrial area. This property 608 NE 2nd Avenue is located South of Industrial Zoning, not sure if this is the same thing or not ? ? ?? I am also not sure if what Muhammad is wanting to do would be considered 2 Nursing Home as the definition states an establishment providing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is provided; but not including hospitals, clinics and institutions. Your thoughts... Thanks, Patty From: muhammad nooruddin jmailto:nooruddin64@gmail.coml Sent: Thursday, September 20, 2012 9:31 AM To: bill@laurue- planning.com Cc: Patty Burnette Subject: question Hi Bill I have a question for you Regarding Assisted living facility 608 NE 2nd Ave 1. I am applying for special exception 8 beds Nursing home( Mostly for in patient rehabilitation for Physical therapy, Occupational Therapy etc. ). of course we have to go through state license etc. I checked with Patty zoning is appropriate for Nursing home at that location. My question to you, Will they override any of the previous approved special exceptions? Please advise. Regards Muhamamd 863 - 801 -1925 No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2221 / Virus Database: 2441/5290 - Release Date: 09/24/12 No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2221 / Virus Database: 2441/5290 - Release Date: 09/24/12 No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2221 / Virus Database: 2441/5292 - Release Date: 09/25/12 3 Patty Burnette From: Bill Brisson <bill @larueplanning.com> Sent: Tuesday, September 25, 2012 9:18 AM To: 'Patty Burnette' Cc: 'Gloria Pellito' Subject: RE: Dr. Nooruddin's question about a nursing home at 608 NE 2nd Av. Patty, You are correct, a nursing home is not permissible on the property located at 608 NE 2nd Avenue because of the proximity of the industrial zoning and use located nearby. However, I do not believe that the proposed use as described by Dr. Nooruddin actually qualifies as a nursing home, primarily because the definition for nursing home includes the condition that the use is devoted to permanent living quarters. I believe that what Dr. Nooruddin is proposing would qualify under the heading of "Rehabilitation centers, residential: with health care incidental" . This is a category of uses listed under the Standard Industrial Classification (SIC) Code 8361 Residential Care, which is the list I have been using as an indicator of the types of group homes that I consider appropriate within the City's definition of a group home. I have attached a PDF copy of this portion of the SIC Code. If Dr. Nooruddin thinks that the one with the asterisk before it is what he is thinking of, then he could request a special exception for this use under the category of group home in the CLT Zoning District. Dr. Nooruddin also asked, in his e-mail to me dated 9- 20 -12, "Whether a new special exception would override any of the approved special exceptions ?" I believe that we would require as a condition of the new special exception, rescission of the recent special exception approval for the drug and alcohol rehabilitation center. If he wished to have the rehabilitation center occupy part of the current Assisted Living Facility he should state this in his request. If you have any questions, please call me. Also, after you have reviewed this e-mail and have no further questions, please forward it to Dr. Nooruddin. I will be out of the office starting about 11:45 this morning. If you want to talk after this time, please call me on my cell phone (941- 228 - 1499). Bill Planning & Manigcmcnt Scr►iccs, Inc U( I' From: Patty Burnette j mailto :Dburnette @cityofokeechobee.comj Sent: Thursday, September 20, 2012 9:58 AM To: bill @larueplanning.com Subject: FW: question 1 Bill, In doing some quick research after speaking to Muhammad, I saw under Special Exception Use Regulations for Nursing Home Requirements that the location shall not be located within 500 feet of an industrial area. This property 608 NE 2nd Avenue is located South of Industrial Zoning, not sure if this is the same thing or not ? ? ?? I am also not sure if what Muhammad is wanting to do would be considered Nursing Home as the definition states an establishment providing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is provided; but not including hospitals, clinics and institutions. Your thoughts... Thanks, Patty From: muhammad nooruddin [mailto:nooruddin64@gmail.com] Sent: Thursday, September 20, 2012 9:31 AM To: bill©laurue- planning.com Cc: Patty Burnette Subject: question Hi Bill I have a question for you Regarding Assisted living facility 608 NE 2nd Ave 1. I am applying for special exception 8 beds Nursing home( Mostly for in patient rehabilitation for Physical therapy, Occupational Therapy etc. ). of course we have to go through state license etc. I checked with Patty zoning is appropriate for Nursing home at that location. My question to you, Will they override any of the previous approved special exceptions? Please advise. Regards Muhamamd 863 - 801 -1925 No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2221 / Virus Database: 2441/5281 - Release Date: 09/20/12 2 SIC 8361 Res=dential Care Establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on ability for self -care, but where medical care is not a major element. Included are establishments p- oviding 24 -hour year -round care for children. Boarding schoois providing elementary and secondary education are classified in Industry 8211. Establishments primarily engaged in providing nursing and health - related personal care are dassi led in Industry Group 805. Alcoholism rehabilitation centers, residential: with health care incidental Boys towns • Children's boarding homes Children's homes Children's villages • Drug rehabilitation centers, residential: with health care incidental • Group foster homes • Halfway group homes for persons with social or personal problems • Halfway homes for delinquents and offenders ▪ Homes for children, with health care incidental • Homes for destitute men and women • Homes for the aged, with health care incidental Homes for the deaf or blind, with health care incidental • Homes for the emotionally disturbed, with health care Incidental Homes for the mentally handicapped, with health care incidenta_ Homes for the physically handicapped, with health care incidental • Juvenile correctional homes Old soldiers'homes • Orphanages Rehabilitation centers, residential: with health care incidental • Rest homes, with health care incidental Self -help group homes for persons with social or personal problems Training schools for delinquents D SearchResults Sp- ee.�a� Eovi Okeechobee County Property Appraiser CAMA updated: 9/6/2012 Parcel: 3- 15 -37 -35 -0010- 00780 -0050 Owner's Name AMSA HOLDINGS LLC & EAAAS Site Address 608 NE 2ND AVE, OKEECHOBEE Mailing Address HOLDINGS LLC 906 SW LIGHTHOUSE DRIVE PALM CITY, FL 34990 Description CITY OF OKEECHOBEE LOTS 3, 4, 5, & 6 BLOCK 78 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.642 ACRES S /T /R 15 -37- 35 Neighborhood 113658.00 Tax District 5o DOR Use Code OFFICE BLD (001700) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863 -763 -5548 for specific zoning information. Mkt Land Value cnt: (2) $52,200.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $382,836.00 XFOB Value cnt: (9) $74,739.00 Total Appraised Value $509,775.00 =ELI Page 1 of 2 2012 Proposed Values GIS Aerial Search Result: 1 of 1 2012 Prnl,nsed Just Value $509,775.00 Class Value $o.00 Assessed Value $509,775.00 Exempt Value so.00 Total Taxable Value $509,775.00 Sale Date Book/Page Inst. Type Sale Vimp Sale Qual Sale RCode Sale Price 2/8/2010 684/373 QC I U 11 $28,400.00 11/17/2009 678/1536 QC I U 11 $100.00 2/16/2007 624/376 WD I Q $160,000.00 11/1/1994 362/955 QC I U 03 $0.00 10/1/1991 362/951 QC I U 02 (Multi - Parcel Sale) - $0.00 4/1/1991 323/387 PB I U 03 $0.00 5/1/1987 287/956 PR I U 03 $100.00 Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 2 M /FAM TWO (002400) 2010 11033 11899 $382,836.00 1 1 http://www.okeechobeepa.com/GIS/D_SearchResults.asp 9/20/2012 § 90 -696 OKEECHOBEE CODE Sec. 90 -696. House of worship requirements. House of worship requirements are as follows: (1) Location Where permitted by district regulations. (2) Minimum lot area Area 40,000 square feet or as re- quired by district regulations. Width 150 feet. (3) Minimum yards Front 40 feet. Side 25 feet; 50 feet abutting resi- dential zoning district. Rear 25 feet; 50 feet abutting resi- dential zoning district. (4) Maximum lot coverage (5) Maximum height (LDR 1998, § 705) 25 percent. 45 feet. Sec. 90 -697. Nursing home requirements. Nursing home requirements are as follows: (1) Location Shall not be located within 500 feet of an industrial area. (2) Minimum lot area Area 20,000 square feet. Width 100 feet. (3) Minimum yards Front 40 feet. Side 25 feet. Rear 25 feet. (4) Maximum lot coverage 25 percent. (5) Maximum height 35 feet. (LDR 1998, § 706) Sec. 90 -698. Private club, nightclub and bar requirements. Private club, nightclub and bar requirements are as follows: (1) Location No building shall be located closer than 75 feet to property line abutting a single - family residential lot. (2) Minimum lot area Area 20,000 square feet. Width 100 feet. (3) Minimum yards Front 40 feet. Side 25 feet; 50 feet abutting resi- dential zoning district. Rear 25 feet; 50 feet abutting resi- dential zoning district. (4) Maximum lot coverage (5) Maximum height (LDR 1998, § 707) 25 percent. 35 feet. CD90:54 GENERAL PROVISIONS § 66 -1 Mobile home, substandard, means mobile homes built prior to June 15, 1976, and newer mobile homes built not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act. Modular home means factory built housing certified as meeting the state building code as applicable for modular housing. State - certified modular homes shall be subject to the same regulations as site -built dwellings. Motel means an establishment containing sleep- ing accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Nightclub means an establishment providing indoor entertainment, usually with live perform- ers and dancing, where food and alcoholic bever- ages may be sold for on- premises consumption. Nonconforming lot means a parcel of land shown on a plat recorded prior to enactment or amendment of these regulations, but which does not conform to the minimum area, frontage, width or depth regulations for the district in which it is located. Nonconforming structure means a lawful build- ing or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located. Nonconforming use means a lawful building, structure or land existing on the date of enact- ment or amendment of these regulations, but which does not conform to the regulations of the district in which it is located. Nursing home means an establishment provid- ing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is provided; but not including hospitals, clinics and institutions. Office, business, means an establishment not involving the sale of goods, and including such businesses as bank, employment agency, financial services, insurance agent, manufacturer's agent, real estate broker, stock broker, telephone answer service, travel agent or similar use. Office, medical, means an establishment pro- viding human out - patient services by persons practicing health services, including acupunctur- ist, chiropodist, chiropractor, dentist, optician, optometrist, osteopath, physical therapist, physi- cian, or any such lawful profession, but excludes masseur, in- patient hospital care and veterinar- ian. Office, professional, means an establishment of an accountant, architect, attorney, engineer, land- scape architect, surveyor, urban planner, and similar nonmedical professionals. Off - street loading space means space at least ten feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle. Open space means undeveloped land suitable for passive recreation or conservation uses. Outdoor sales and storage means an establish- ment for the sale or storage of new and used goods, including building and farm equipment and materials, and mobile homes. Outdoor vehicle sales lot means an establish- ment for the sales of new and used operable vehicles inducing cars, campers, recreational ve- hicles, trailers, trucks, boats and similar vehicles; and excluding farm equipment and mobile homes. Owner means the owner of record of property as appears in official records of the county. Parcel (of land) means land capable of being described by definite location and boundaries, which is designated by its owner as land to be used or developed as a unit, or which has been used as a unit. Park model recreational vehicle means a man- ufactured, detached, transportable structure on a foundation or rigid support, with less than 400 square feet of floor area, designed for use as seasonal or temporary living quarters when con- nected to water, sewer and electric utilities. Parking space, handicapped, means parking space as required by F.S. § 316.1955. CD66:7 Fill out Sales Questionnaire l DSearchResults Z- C Po Okeechobee County Property 1LU C- Appraiser CAMA updated: 9/6/2012 Parcel: 3-15-37-35-0010-00180-0180 « Next Lower Parcel [Next Higher Parcel » Owner & Property Info Owner's Name AMSA HOLDINGS LLC & EAAAS HOLD Site Address 111 NE 11TH ST, OKEECHOBEE Mailing 906 SW LIGHTHOUSE DRIVE Address PALM CITY, FL 34990 Description CITY OF OKEECHOBEE LOTS 18 & 19 BLOCK 18 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.327 ACRES S /T /R 15 -37- 35 Neighborhood 112655.00 Tax District 50 DOR Use Code SINGLE FAM (000100) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $6,650.00 Ag Land Value cnt: (o) $0.00 Building Value cnt: (1) $33,643.00 XFOB Value cnt: (6) $15,709.00 Total Appraised Value $56,002.00 Sales History Page 1 of 2 2012 Proposed Values Parcel List Generator I 2012 TRIM (pdf) GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map 1 [Print Search Result: 1 of 1 MIN 43 86 129 172 215 258 301 fb 2012 Proposed Values Just Value $56,002.00 Class Value $0.00 Assessed Value $56,002.00 Exempt Value $o.00 Total Taxable Value $56,002.00 Show Similar Sales within 1/2 mile Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 12/7/2009 680/259 QC V U 11 $21,200.00 11/17/2009 678/1537 QC V U 11 $100.00 8/30/2007 638/879 WD I U 02 (Multi - Parcel Sale) - show $0.00 3/17/2005 557/603 WD I U 02 (Multi - Parcel Sale) - show $151,000.00 10/5/1999 428/1919 WD I U 03 $0.00 3/1/1981 240/667 WD V Q $6,300.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Heated S.F. Actual S.F. Bldg Value Show Sketch 1 OFFICE/SFR (004700) 1981 996 1336 $33,643.00 Extra Features & Out Buildings - ( Show Codes Code Desc Year Blt Value Units Dims Condition (% Good) CONC B COM SLB WL 2009 $1,224.00 0000537.000 0 x 0 x 0 PD (100.00) http://www.okeechobeepa.com/GIS/D_SearchResults.asp 9/17/2012 DSearchResults Okeechobee County Property Appraiser CAMA updated: 9/6/2012 Parcel: 3-15-37-35-0010-00030-0230 < Next Lower Parcel Next Higher Parcel » I Owner & Property Info Owner's Name NASSA MANAGEMENT GROUP LLC Site Address 204 NW 13TH ST, OKEECHOBEE Mailing Address 7993 STEEPLECHASE COURT PORT ST LUCIE, FL 34986 Description CITY OF OKEECHOBEE LOTS 23 & 24 BLOCK 3 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.402 ACRES S /T /R 15 -37- 35 Neighborhood 112655.00 Tax District 50 DOR Use Code VACANT (000000) Market Area 40 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $15,686.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $15,686.00 Sales History Page 1 of 2 R. 61 2012 Proposed Values Parcel List Generator 2012 TRIM (pdf) GIS Aerial Retrieve Tax Record Property Card Interactive GIS Map 1 [ Print Search Result: 1 of 1 47 94 2012 Proposed Values Just Value $15,686.00 Class Value $o.00 Assessed Value $15,686.00 Exempt Value $0.00 Total Taxable Value $15,686.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book /Page Inst. Type Sale VImp Sale Qual Sale RCode Sale Price 5/11/2006 599/1232 WD V U 03 $50,000.00 9/1/1984 299/205 AG I Q $14,000.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc I Year Blt I Heated S.F. I Actual S.F. 1 Bldg Value NONE Extra Features & Out Buildings - ( Show Codes ) Code I Desc 1 Year Blt I Value I Units I Dims I Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067NPE NO SIDE N (MKT) 0000117.500 FF - (0000000.402AC) 1.00/1.00/1.00/1.00 $133.50 $15,686.00 Okeechobee County Property Appraiser http://www.okeechobeepa.com/GIS/D S earchRe sults. asp CAMA updated: 9/6/2012 9/17/2012 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 1089 regarding Petition No. 12- 001 -R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1089 by title only. 2. a) Motion to adopt Ordinance No. 1089 b) Public discussion and comments. SEPTEMBER 4, 2012 - REGULAR MEETING & FIRST BUDGET HEARING - PAGE 2 OF 11 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1089 regarding Petition No. 12- 001 -R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC, to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT); seconded by Council Member Watford. VOTE KIRK - YEA WATFORD - YEA MAXWELL- YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1089 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member O'Connor moved to adopt proposed Ordinance No. 1089; seconded by Council Member Watford. Mr. Jim LaRue of LaRue Planning Consultants reviewed the Planning staff report findings. The proposed use is not contrary to the Comprehensive Plan requirements, the Future Land Use is Commercial. The proposed use being applied for is specifically authorized by Special Exception. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is an allowable Special Exception use in CLT. More so, the owner has specifically requested a combined use of an ALF and an Alcohol and /or Drug Rehabilitation Center. The center falls under the definition of a Group Home. VI. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments (to adopt proposed Ordinance No. 1089) continued. c) Vote on motion. CLOSE PUBLIC HEARING FOR ORDINANCES • Mayor. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 12 -07, revising and adopting Commercial Rates and Fees for Solid Waste Collection - City Attorney (Exhibit 2). SEPTEMBER 4, 2012 - REGULAR MEETING & FIRST BUDGET HEARING - PAGE 4 OF 11 COUNCIL ACTION - DISCUSSION - VOTE City Clerk Gamiotea noted for the record, there were 18 courtesy notices mailed to surrounding property owners. The City received one response in writing, from Ms. Janet Holder, she did not give her address other than she is a County resident and stated her objections to the rezoning in that her grandmother resides at the ALF, but did not offer her grandmothers name. Council Members Watford, Maxwell, O'Connor and Mayor Kirk disclosed that they spoke with either the applicant or opposed and concerned citizens. Council Member Williams noted he received messages of opposition on his answering machine. The Council discussed the matter at length. The situation is difficult due to the fact that rezonings cannot be passed with any conditions. In order to deny a rezoning there has to be clear facts that the property is not a good fit for all the permitted uses listed in the zoning district. The petition meets all the requirements, as outlined in the Planning Staff Report and noted previously. VOTE KIRK - YEA WATFORD • YEA MAXWELL • YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCES AT 6:36 P.M. Council Member Watford moved to adopt proposed Resolution No. 12 -07, revising and adopting Commercial Rates and Fees for Solid Waste Collection; seconded by Council Member Maxwell. Attorney Cook read proposed Resolution No. 12 -07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA REVISING THE COMMERCIAL RATES SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2012 -2013; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Administrator Whitehall explained the reason this item was postponed twice, was to renegotiate the rates. Mr. Jeff Sabin, Government Affairs Manager for Waste Management (WM) was in attendance and he was asked how the City rates compare to the County's. Mr. Sabin answered the commercial rates are within four to six dollars per month and within thirty cents for residential. The disposal rate for the Municipal Solid Waste is $35.00 per ton and has been frozen until 2016. The discussion of fuel costs ensued as it is one of the largest variables for the rates. AGENDA VI. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments (for adoption of proposed Ordinance No. 1089) continued. SEPTEMBER 4, 2012 - REGULAR MEETING & FIRST BUDGET HEARING - PAGE 3 OF 11 7 �� COUNCIL ACTION - DISCUSSION - VOTE The rezoning should not have an adverse effect on the public interest. It is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses are largely commercial, however there is a residence and multi - family uses to the South. Group Homes are also a Special Exception use in Residential Multiple Family (RMF) Zoning Districts. The existing residence is located in the proposed Transitional Commercial Overlay area, and Planning Staff expects it will eventually be used more intensively for either multi - family or commercial uses. The site is already suitably buffered from adjacent properties to the South, and East by a concrete fbnce. All of the existing uses to the North, and West are separated from the facility by Northeast 7th Street and 2nd Avenue. The proposed use will not create a density pattem that would overburden public facilities such as schools, streets, and utility services; nor should it create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It has not been inordinately burdened by unnecessary restrictions. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Jim Vensel of 2002 South Parrott Avenue, stated his objection to the rezoning as then the Special Exception would allow two types of group homes to operate within one structure. He also clarified his statements from the first reading in that his frustrations over the matter are not aimed at the Council. It is with the granting of the Special Exception. Commenting further, this is not going to be a good thing. Drug and alcohol rehabilitation is needed in this community, but it does not need to be in combination with our elderly." Attorney Tom Conely whose office is at 401 Northeast 6th Street, joined Mr. Vensel on his concerns. Stating further, his 97 year old mother is there and doing very well. It is a wonderful facility and they are pleased with the staff and care. However, they hoped this would not continue and could not believe the zoning regulations allows for a combination of the uses. He could not envision how those two types of facilities could mix in one complex and have the safety that is needed. Mr. Tom Janowski of 1260 Southeast 23`0 Street spoke of his opposition towards the rezoning along with another concemed citizen whose mother is a resident at the facility. Ms. Karyne Brass, Planning Board Member, asked Council Member Maxwell, to elaborate his concems voiced at the first reading. Council Member Maxwell stated he voted against the first reading since his concem was the contingency of the Special Exception and the broader defined category of a group home. He is interested in all the concems expressed, but questions whether the two types of uses can co- exist. However, through further research, by calling other ALF's within the state, he has found some comfort in that the state professional license regulators may alleviate everyone's concems. In order for the drug rehabilitation to be licensed to operate at the existing ALF, there are many requirements that will have to be met. If they cannot, then the State will not issue a license. Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: A. M. S.A. Holdings, LLC Petition No.: 12 -001 -R Li!: Planning & Management Services, Inc. • 13 14 Jurk on Street. State 2O6 Fort D1yee:, Ftor cI 239-334-3366 Serving Florida Local Governments Since 1988 +,. x +x sa xa `? a <' via Sir ;,47;i4tlael l Ise Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R Gamer ethfo mati'art Owner/ Applicant: Applicant Address: Site Address: Contact Person: Applicant/Contact Phone Number: E -mail Address A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2nd Avenue Muhammad Nooruddin, Mgr of A.M.S.A 863 - 610 -1404 Nooruddin64 @gmail.com Future Land Use Map Classification Zoning District Use of Property Acreage Existing Commercial CPO Assisted Living Facility (ALF) 0.642 Proposed Commercial CLT Group Home & ALF 0.642 Legal Description of Subject Property Location: 608 NE 2nd Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3- 15- 37 -35- 0010- 00780 -0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Re• nest - Applicant is requesting a rezoning for the above shown property from CPO to CLT. The Applicant would like to use some or all of the facility for an alcohol and drug rehabilitation (detox) facility. The Applicant envisions initially conducting the alcohol /drug rehabilitation treatment in six to eight of the beds on the ground floor. Ultimately, he may wish to use all 32 of the beds in the facility for the alcohol /drug rehabilitation services. An alcohol/drug rehabilitation facility qualifies under the definition in the LDC for "Group Home ". A Group Home is a Special Exception in the CLT District. _11 utt Serving Florida Local Governments Since 1988 1 Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R ' ►djidetitEtifilre' rici 1.11= IVra-ta:C1601fidAtio. lnd Z"at i s `.Q sffic T� ° � North: East: South: 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: Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Association" Commercial and Single Family CPO and RSF -1 Vacant and single- family home West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use "KST Construction" Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the conditions. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed use is not contrary to Comprehensive Plan requirements. "The property is located within Comprehensive Plan requirements. Future map is within Commercial." Staff Comment: The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Further, the subject property is located within the second block east of US 441, thereby falling within the area proposed as the Transitional Commercial Overlay Future Land Use Subcategory where CLT is generally considered a compatible zoning designation. There are also other areas similarly situated along NE 2nd Avenue that are zoned CLT. Laify Serving Florida Local Gocernme 13 Since 1985 2 Staff Report Rezoning Request loot Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 92 -009 -R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The property is currently zoned "CPO" with Special Exception for Assisted Living Facility." Staff Comment: The proposed use, Group Home, is a Special Exception use in the CLT zoning district. The specific proposed use is an alcohol and /or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419;. and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and /or the agency for health care administration, or other state or federal agency. 3. The proposed use will not have an adverse effect on the public interest. "We will use 6 — 8 beds initially for detox purposes, where patients drop off for detox treatment anywhere from 1 = 4 weeks as an average. It will be good for Okeechobee since there is no detox center in Okeechobee." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "North of the building is Heavy Commercial. South: Vacant land. East of the building is Heavy Commercial or CPO. West of Building is Heavy Commercial (repair service)" Staff Comment: CLT zoning and its allowable uses are reasonably compatible with the . zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single - family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the i ur. lilt, i. f., I.:■, 3 Staff Report Rezoning Request ■•• Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12 -001 -R single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi- family or commercial use. We do not believe the operation of an alcohol /drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent 10 the improvement or development of adjacent property. "The proposed use of the property will not affect value or living condition. 4 - 6 beds use of ground floor for detox will not adversely affect property value." [Staff Note: We believe the actual proposal is for 6 — 8 beds for detox use.] Staff Comment: For the same reasons given in our comments to number 4, above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The proposed use of CLT will [be] suitably buffered within surrounding properties. It will be no hazard to the neighborhood. It will be business within existing business. There will not be any additional parking required, as patients will be dropped off" Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use of the existing business has /will not affect the facility's utilities usage more than the current usage. 4 — 6 beds of detox (or in future may convert total facility to patients with detox) will keep the same usage of utilities as currently." [Staff Note: We believe the actual proposal is for 6 — 8 beds for detox use.] Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. Serving Florida Local Governments Since IyRR 4 Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Patients with Detox Rehabilitation most likely [will bej dropped off to the facility. They will be living in facility as the current residents are living. Maximum number will not exceed the 32. (If we decided to go that route in the future.)" Staff Comment: There will be no increase in the number of beds in the facility, therefore one would not expect any increase in traffic. Similarly, the physical facility will be unchanged and no effect upon flooding, drainage patterns or any aspect of public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "We have to get/apply for State license prior to admitting any detox drug and/or alcohol rehabilitation patients. Otherwise, there are no restrictions." Staff Comment: The proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation Staff recommends approval of the request to rezone the property from CPO to CLT thereby permitting the Applicant to apply for a Special Exception for a Group Home. We do, however, suggest that during consideration of the Special Exception to allow establishment of a alcohol /drug rehabilitation ( detox) center the following be considered as conditions of any approval: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Submitted by: Wm. F. Brisson, AICP June 27, 2012 Planning Board Hearing: July 19, 2012 Council Hearing: August 12, 2012 and September 4, 2012 Attachments: Future Land Use Map Zoning Map Aerial photograph Serving Florid;, Lacy! Go%ernmems Since 1%48 Nom, Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R Nue FUTURE LAND.USE SUBJECT SITE AND ENVIRONS cc.4.1.7 Llt,E '4 E. 7T- STREET Subject Property . . COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI-FAMILY • COMMERCIAL • INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Vitnida 19,N z N E. 5 TH STREET N.E. 5TH S7PEET 1 k 1. ls 6 Staff Report Rezoning Request ZONING • UNINCORPORATED CBD - COMM BUSINESS DISTRICT • CHV - HEAVY COMMERCIAL Cu-- LIGHT COA'ALERCIAL - CPO - COMM PROFESSIONAL OFFICE H- HOLDING IND - INDL: STRIAL PUB - PUBLIC FACILIT(ES PLAT-MIXED PLID-R CV.IF - RESIDENTIAL MULTIPLE FAMIL1 RMH. RESIDENTIAL MOBILE HOME RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY 1.2) Seivitig titcai 1:ovvrilments iqss *le Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R ZONING SUBJECT SITE AND ENVIRONS 56 55 54 • STFte.-€7 ;71f4:11 .1. Cat .4 Subject Property -..._.., . !, • , 111 i -;• ' . . 121 120 ; 7 Staff Report Rezoning Request Nee Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R SUBJECT SITE AND ENVIRONS Svot ing 11011.1a 1;t■tt'riMents 8 General Services Department,, • ue, Room 101 oricla 34974 -2903 33 -3372, ext. 218 1686 wvYl"".IYI f WL{—i r— Fee Paid: 650,43 `- ern Jer fiction. fb e ac 1s Hearing: 7._1(3...1,1, 2`d Hearing: g'.-; ( -[ k e q-14,4 Publication Dates: =f ; Services v General Services Department ue, Room 101 orida 34974 -2903 33-3372, ext. 218 1686 Fee Paid: F' r-etza. -i Jt�/FIiction: ' y y LAC c� _)Q _ 1st Hearing: 7 1Li -L 2nd Hearing: ,'_;,2/_1 e q_14. i, Publication Dates: = {. ,' .I o.'!, Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): F117-),.; ii H.() i f 11;`c, LL(:. t +wit is ;)- ,%{ r%) 5 `t a'' t f t` r.' r:_ [.: 2 _ Owner mailing address: J t ;. <' � `✓ ;Ju "'1` �i i/ (; , � k,C-C} � l(li I9.F'1� Y� -'.•4r � ? : � rat: Li iJk�l!' t" ra }:.'C %C 21•1 ,` pS!_".. 1.7 3 Name of applicant(s) if other than owner p- k-)�,i_Fit_r,,�}}1,To ,.;,r�,,Viz, -t,•, ,1J „, './1C. .o F f.. j14,6A. ' `, 4 Applicant mailing address: f?- (r. 9z, y . Li ti n , G?!<e, r i.t,,,v,, .', r.--. ( - s t -r ci 73 4a e-mail address: '\„iv e? f1„, ‘,..,:,,p J;,,,J ti- ;1 1 ?./ r: ; 1, � C'- r,'1ly1 Name of contact person (state relationship): /1')G /ti9 -i- i r1'r) .1000/44 ib / v,% j /11.4-N/46-k. ^5 6 7 Contact person daytime phone(s): -P6. , - 6 /G' - /et a t; , PROPERTY INFORMATION Property address/directions to property: c� a u a ' 9 d ;11,1,e... olLe e k...e b tt i, ,---c. -- 3 ci 5 7 L-- 8 Describe current use of property: e 4? c) - ff s s%) •}-e,( 1 t,v 0 ...4 ,1 t st-�J I 7' p ` �/ r (/ o�llf�T�'� 3� t�yC /� r�G 2n S.e 6/ GYr� � f'`H�P % I�Ls'Y 1 41 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. c7Ne. Tw4.7 S3.'�u At, , t ,t, v, } 4-SS) 5 .�� -d' i i vd �t_f ts:L.;. c; lt� / 06ccO> e--�-( /y &A . 0 Ui Source of potable water: 4r 0,g,, Method of sewage disposal: S PyA/e e . 10 Approx. acreage: In ,,,_6 Lo, Is property in a platted subdivision? yo-S, . 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: AV ON-e. • 12 Is a pending sale of the property subject to this application being granted? ,7.J c) - 13 Describe uses on adjoining property to the North: Fets`fw t L- O(3Lp-hs I- North: {u.ia Pa /,*„ A6i). a-+*p • Pr4•4ttvSi-r «t • East: . •' � • South: vii -ccn� 1• i•-¢.&....PC) ) A-,-A ter r 541 le ty.,;(,i West: c? fi V - (LCzM 01i, (A'axv ti' I1.f ,r vxe3. 14 Existing zoning: Cot) 'Future Land Use classification 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (_) No (Yes. If yes provide date, petition number and nature of approval. V700q— %L' �s1. c ogio / /,- S 16 �t Request is for: ( Rezone (1/) Special Exception () Variance j,/ 17 Parcel Identification Number: 3 _ / r_.- 2, -)_ 3 v-_ c eJ d -- 0 617P6.. 603 v (Rev 01/12) p�I Staff Report Rezoning Request Nee Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R SUBJECT SITE AND ENVIRONS Stora, KST nstru- n p .. - .„?....,,,...:. el Ir ' i. , .'• .^.., 7(117 ",.-,..7:, i. ....AMP y. ,n.L.. :41'..i.9:1ZIrti OC."4:4,:i37:".V efry nrP ing Ulm it1,1 Lo,t11;overtlir,tu, los,, 8 Staff Report • Rezoning Request tor Noe Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R ZONING SUBJECT SITE AND ENVIRONS ZONING el UNINCORPORATED CBD - COMM BUSINESS DISTRICT CEP.' - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE:. H--40101N0 IND - INDL,S.TRI AL PUB PUBLIC FACILITIES PUDAIINED FUD-R RMF - RESIDENTIAL MULTIFt.E FAMILY RMH - RESIDENTIAL MOBILE HOME RSFE - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY i.2) Se, vilig n' it.ta 1.0a:Ii Gokvinnionf, • 56 55 54 Subject Property , N E "-1 STREE • _179 - ...i • r., 1 • - - • :,.:•,' ,-, : • 88.„ — ---- 87- :4-- : , • i h E 5TH TFE at.A. ILA .4 .1 -a .,..TPFF" 12-1 . 120 119- Staff Report Rezoning Request Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R FUTURE LAND.USE SUBJECT SITE AND ENVIRONS E. 1 Pi STREET Subject Property N =. 5 TN STREET 1 w 1 2 ' N.E. 5 TH STREET N.E. 4 Th S E E T COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY kAk • COMMERCIAL • INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Sovi lig nuiikia 19S,s 111 6 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 L Date t Ut<t"11/We h(-c) /// 0.9 6/7`1/0--,, For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) . REQUIRED ATTACHMENTS 18 Applicant-s.stateJ/ment of interest in property: t c- - s'4ry -}-4e- tip. --4,--4 , k ti ry "_,,< -1 * �,rY J _r,y .[ ��' /,(6 (r L'rY / /11vr} / .1"- fit.,�i, il)/ f,� `' ' " /ii =' ) ! �.i `-i o,l•�.5 / ;i f'., ., �' .. if (.6-/,(6-t' (;.�::;'Y`i' i .4.1 1- (. ; `,,C. ./ J � •(}Z. e k%. �; E'' r, b_.i / � :'`i� MI) • "'Tv .s.) - .` 5 /4-41,-i_< f r 19 Non - refundable application fee: Rezoning: $850 plus $30/acre; Special Exce Lion: $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 o,n the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: i "^,'1(Li'(+ �'� t` /,. ' : <n- r. ; 21 Notarized letter of consent from property owner (if applicant is different from property owner) !Three property surveys (one no larger than 11 x 11) containing: a. certified boundary survey, date of survey, surveyors name, address and phone number / ?, vb. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 11 11-' 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 L Date t Ut<t"11/We h(-c) /// 0.9 6/7`1/0--,, For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) A A :D:DIT oNAL I'1 yoRMATIO'N IE CT'i1t1+'D 'FOR A. REZONING Current zoning classification: ?') p 0 Requested zoning classification Ef9 "ht (1cyy.i Y11ev c-,1J'1 L B Describe the desired permitted use and intended nature of activities and development of the property? L� r 'PIA- Iyv�7t►6';i :v''11x4/4' '.1 iS a cJi.. :t)aII e�)■:>t.it`1 io: jti;,,J 77t.L eXIBSI -Pix.1, f f 1i ey .e.. l,`( '1.- . Z,�:)? 0iy Mt_z743 .4"t' ke, C- L. i -. ! C Is a Special Exception necessary for your intended use? (___) NoJ (/) Yes if yycs,briefly describe: Y r.. /W 4L /" pley'`1ii+ 0,40,5.'tri4 k, h S'sY.l rive //v./4.790'4o' ibel- / : L e �' 1 0144( /C( 7?Y1 / G1-shiq)ciirr /4bV. D is a Variance necessary for your intended use? Yes If yes, briefly describe: _) E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: The proposed rezoning is not contrary to Comprehensive Plan requirements. ■11_ !airy i s GU Ci 1( 1,9; f-hJ cempreh S %t 4'' �Wk 1 j- VtYpry) A)/) is G ✓' fi i n! torn kN -e✓1: ;4-4 . 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. `ih,C. ka.1,61741,, i.s CIA 12.1t SiV r11 3"`al9er( `G%)© &iJ)1G. -yper:/) - - uxr0pilrrrr 4-16;1/L.10,1 ay a' . 3. The proposed use will not have an Ldv effecton the ubIiic nter st. 3- - 3 f fa ffrb.i ps 61, "/A9411'.. /1"18"414 r( P[ r✓ AellX l rrenhe n//- /Mr? tiut cry Al-0n,, 1.--- Le v✓ , M •v G01/471 44. L . f dA;)11 8 ce e (4,4 he-4 ii/VVc ,74 r.c Vs„ ,Y2 /` -f/ • y.Lj-ty iY iica. - / 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not cont or detrimental to "urbanizing land use patterns. N 4/v. 8u ildiih- is J vz y ao n/674f ;C '5 2 Fyt .vac ` i i 4 6-/j Ai %ttilty / �. i Ciarrweir.r' c,Pi . 5. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Th,t. di1ZS 4.- I to c yr) Adi /"4'6g69(l,Y .h) 541-6- iha p.. Appo try f°'/es3 • (Rev. 04/11) .p�3 6. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. .. ii/�(_�' -L 4•i C._ rv..�( Y "L<�.G._, e.t < i� e ,- „,yyrr1E-r G er.Y f Sa:iL.��2 t 7. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. �%'sr/ irfri'I[.! • ftfP/as ''L tr.(.te:? Estji�:7'b� E C,:f= iIG'.` "`t:�� t32; I Zr , ri _ cS/ • =� 't t /3, e_ Y.) cv cry. (:ld' l7d7/.i.irr(.1 •�1, .li. . 8. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or , hazard to the neighborhood i 1 v9 bi•z •4= ”' g � � , � fit-. � f /1 �1��- �Z:•� ,j j -� �e. ,�•� `" ..t' -� c. ��v� -�?{ � tide- C' L- ,���� ; L.•'(.% 1/ti 1 +t rN �'Li.��! e, Ortiiikkt �`� Y4 i:1 G' �x . L irf �. ij-e- � s i _,L.. R 1/1 €'i 101. -./ro r li 6 P-A - +r t'r / i r/J ,p( bit i.),V e s s t <al ,'• ;f�,. i,✓ ,i? %(Y S 1--/)- yw. d16t t i •il M . %7.1.0 - Y. frA) ' i4/ L / /6-e tom/A1ft- d i /i m.r --t€ / gidle, 11/4,1 ' 1`t.> ztf�t Y 6y,. 1,17-17' h 17 e, , k L' % I( X1-1- s i'rr bL . . 9. The prffsed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services :r he 2,4--1-yi t7 ! t.s ai i� fie_ ex, s // fo c, c 31�+�.. P bt>r� s 14i1,�e ; -Y i i4 — & 4e-dc �f32 102- Iry Fit 1-errX-. 1) \ 0_A/rE2-T' yw �-// ic;.c: w mj P..� eti./— w)rk Ae c-px) W )// / / Yom- ( -0/we. * 14.17 // ti '14 e-s> fi.-Htif. 10. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public saf P4--f./.0/1/1- iY lam - -PA fl es'i.41 11.1-4-hv v (q7.064-. LiYeell4 diriplait ) ,Le_ t t4 /,')41 , /'fit vJ /// ,6.e_ 1,4,1 i � .4,, /,t ,: h ` • j vor� �e i-c_ c teW)- / id e- i-S 4' e_ III/) ��'Y1 -kid r. 4/ L , r <?) // No /' R.a'_.:CG2 v..,oj t�.c/i) 11. The proposed use has not been inordinately burdened by unnecessary restrictions. , ) / t ' , k\L . f yit. - t.e_�,� �`i' 43-e .f-/ /t�,r�t amity( / zr axe, /-„ p A `�iGrpt4- -- i 6l ,7, / 4/10-)Ali an 1(`) dil- / X 1G// & 1r//ma '!z-'- c.e+i.t;-e' Oze.,4G4i k;t* 11-1 lr`" Alc J. i%� . -aii, r.e The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submms 1 tT/4-fi`s" Tight of the above criteria and offer a recommendation for approval or denial. (Rev. 04/11) Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of I t72 011 , • 0).1. • and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. 1 therefore attest to this 1 N day of 82 p j 2—: Signature of Applicant fu tf N 0.) tot/ Name of Applicant (printed or typed) State of Florida County of Okeechobee Date 6// V)) 01. Sworn to and subscribed before me this 111 day of \JUM.. , df . Personally known to me v' or produced as identification and did not take an oath. TGU,ti i',5kA_Aft.121:bt., Notary Public, State of Florida (Rev. 04/11) Seal: Notary Public Stata of Florida • Patty M Bumette a� MY Commisslott 00827982 a Expires 10/02J2 012 Pct WITHIN 300' 3- 15- 37 -35- 0010 - 00780 -0050 PIN OWNER NAME ADDRESS 1 ' CITY NAME ST I ZIPCODE 3- 15- 37 -35- 0010 -00550 -0010 TARMAC FLORIDA INC 1151 AZALEA GARDEN ROAD NORFOLK - VA -I 235020000 3- 15- 37 -35- 0010 - 00560 -0010 TUTEN TROY T & MARY ANN 2457 SW 18TH COURT !OKEECHOBEE I FL i 34974 3- 15- 37 -35- 0010 - 00560 -0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 !OKEECHOBEE tFL 3.49_7_30000 3- 15- 37 -35- 0010 - 00570 -0050 TRENT RONALD L 2322 SE 33RD ST !OKEECHOBEE ;FL 34974 3- 15- 37 -35- 0010 - 00570 -0080 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 ; OKEECHOBEE :FL i 349730000 3- 15- 37 -35- 0010 - 00570 -0180 HAYDON ELLIS R & RITA 2448 NE 80TH AVENUE OKEECHOBEEFL 349728100 3- 15- 37 -35- 0010 - 00770 -0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE IFL 34972 3- 15- 37 -35- 0010 - 00770 -0030 4 GIRLS ENTERPRISES INC 701 NE 3RD ST OKEECHOBEE :FL 34972 3- 15- 37 -35- 0010 - 00770 -0060 BIG LAKE EYE CARE LLC 1540 SE 40TH AVENUE OKEECHOBEE :FL ; 349740000 3- 15- 37 -35- 0010 - 00770 -0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTTAVENUE OKEECHOBEE ;FL ; 34972 3- 15- 37 -35- 0010 - 00780 -0010 BIG LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE I FL : 349731203 3- 15- 37 -35- 0010 - 00780 -0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE IFL ' 34972 3- 15- 37 -35- 0010 - 00780 -0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL 34974 3- 15- 37 -35- 0010 - 00780 -0110 PARKER ROBERT C SR & JOANNA 209 NE 6TH ST OKEECHOBEE FL 349720000 3-15-37-35-0010-00790-0030 COYLE WILLIAM D 306 NE 7TH ST OKEECHOBEE ';FL 349740000 3- 15- 37 -35- 0010- 00790 -0050 ROWLETTJOSEPH PO BOX 1903 OKEECHOBEE ;FL ! 349731903 3- 15- 37 -35- 0010 - 00790 -0070 ROWLETT JOSEPH PO BOX 1903 OKEECHOBEE FL ' 349731903 3- 15 -37 -35 -0010- 00790 -0090 QUARLES NANCY GAIL 311 NE 6TH ST OKEECHOBEE j FL ; 349720000 3- 15- 37 -35- 0010 -00880 -0060 MITCHELL RONALD & GIANINNA 8800 NW 160TH STREET OKEECHOBEE {FL y 34972 3- 15- 37 -35- 0010 - 00890 -0010 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE FL ; 349722605 3- 15- 37 -35- 0010 -00890 -0040 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE i FL 349722605 3- 15- 37 -35- 0010- 00890 -0060 MADRIGAL ANSELMO & MARYANN 1788 SW 8TH STREET :OKEECHOBEE FL 34974 3- 15- 37 -35- 0010 - 00900 -0010 SEACOAST NATIONAL BANK 815 COLORADO AVE STUART FL 34994 o o - z o L. R13;1, mm,,m, .mt: 0=xmo :10 0 — -I> 0 m pj m m o < r 6 M 1"- Z 0 0 C ni 3-15-37-35-0010-00780-0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE FL34972 -(? \ j 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 '7? ; fin•):,', 3-15-37-35-0010-00770-0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL34972 ; • • 3-15-37-35-0010-00780-0110 k 3-15-37-35-0010-00780-001e1 PARKER ROBERT C SR & JOANN 4G LAKE BAPTIST ASSOCIATIO1 I 209 NE 6TH ST PO BOX 1203 i OKEECHOBEE OKEECHOBEE FL349720000 FL349731203 :"..1. • , . • NE 3RD AVE 1S H1L 3N NE 2ND AVE I 7: 3-16-37-35-0010-00560-0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 OKEECHOBEE FL349730000 c Ls z 6.> 0 -4 r A 'A EA 0 0 ''1:00KO m 0 mCMo —1> 0 z z 0 ,001 NIRLIM ; (t) c.r1 cn > z 0 r- o = 00 C./) ▪ r- CO 00 0 ▪ rn 0 Melisa Jahner From: Lane Gamiotea <Igamiotea@cityofokeechobee.com> Sent: Friday, August 24, 2012 3:49 PM To: Melisa Jahner Subject: FW: no detox at the Heritage Melisa, please print & file in both the 12 -001 -R rezoning file & 9/4/12 minute file, txs Lane From: Brian Whitehall fmailto: bwhitehallOcityofokeechobee .coml Sent: Friday, August 24, 2012 2:51 PM To: 'Bill Brisson'; 'Jim LaRue' Cc: rbrock(acityofokeechobee.com; 'Lane Gamiotea' Subject: FW: no detox at the Heritage Fyi Councilman Watford's response — Thank you for your email concerning the Heritage. The decision facing the City Council is on the Zoning for the Heritage. The Special Exception for the drug rehab was approved by the Planning and Zoning Board and is not a decision we can go back and address. I know there is opposition to the drug rehab, but I am not sure that legally we can deny the zoning if their request meets all the requirements for re- zoning. We will have to listen to all issues at the public hearing and then vote accordingly. Thank you for your thoughts. Dowling Watford From: City Council fmailto: citycouncilC @cityofokeechobee.coml Sent: Friday, August 24, 2012 1:43 PM To: Clayton Williams; Devin Maxwell ; Dowling Watford; Mayor Kirk Cc: Brian Whitehall Subject: FW: no detox at the Heritage From: Janet Holder fmailto:janetlholder @gmail.com] Sent: Friday, August 24, 2012 1:39 PM To: citycouncil @cityofokeechobee.com Subject: no detox at the Heritage Dear Council Members, I am writing because of the proposal to add detox beds at the Heritage Assisted Living Facility. My grandmother currently lives there and I spend alot of time in the facility. I would like to propose that the council members spend some time with the residents at the facility and then make a determination whether or not to put recovering addicts in the home. Due to the limited mobility, dimentia and general vulnerability of the residents (mostly women over the age of 80), I strongly feel that detoxifying people would prey upon the residents. I moved my grandmother to the secure facility because of the people who tried to take advantage of her. We feel very fortunate to have found a home where she is well looked after and safe. If you move addicts into any part of the building, I will have to be 1 forced to move my grandmother. Itt is not fair to her because it is a BIG DElat to someone her age (90) to move. Please look out for our elderly citizens, I am a County voter but grandma lives in the City and will vote accordingly. Thank you Janet Holder 2 DEPENDENT _ — OKEECHOBEE NEWS NEWSPAPERS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three nines a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund f r the purpose of securing this advertisem or publication 'n-the said newspaper. Tom Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large ANGIEE BRIDGES MY COMMISSION # EE 177653 { Bonded Th i *t nl�Phblic Undentinet3 i (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OP ADOPTING A ary ORDINANCE PLEASE TARE nonce that the G4r Council d the City of Okeediobee, Rorlda MI at ,SSE 3(6 Ave, a1d2o ee :ob e�.mFL ccoownld�ugQ a PUBLtC� �M 'uIB Act ORDIIIANCF or 700E CITY OF OKEECHOBEE, Onli8 c!Ee,, SYRRIIDDAAyy AMENDING TIM OFFICIAL ZONING MAP DP OKEECHOBEE REZDFIING A CERTAIN TRACT OF WAMD MORE PARTICULARLY DESCRIBED HEREON, FROM CONMERCIAL PROFESSIONAL OFFICE. ZONING oisnacr TO LIGHT QONMERCIM (CLT) ZONING AM 1G THE ZONING: MAP ACCORDINGY• PROVID- ING FOR SY884Y M ID AN EFFECTIVE DATE The regarding Realm .Pettioa No L2- 00t -R, submitted by Milumnnad No01Uddtu on behalf of proprty A.MS.A. Holdngs, LLC 8 06420.00, font b:# it .T for pro .t zoning on approdmate- ly'A642 aces: front CPO to CLT tor gprrooppee braced M NE nit= La : Lott 3-6, Nock 78, City of Okeedrobee, as recorded In Plat Book 5 PPaage S PUblIC Records of Okeechobee C ty Rorlda. The proposed use a aormeV tidme 01 opera Assisted Living Fadpty with an Alcohol a Me bes' for at oily , ling business haaE. 8100 Mt -4:30 PN, meet for tgyday5 PLEASE T NOTICE acertiffieed�wt a q p foregoing record ir 9N seek to brryceddantd en wink t reiesponstbble for mmuppaokkiinng a veabati rec�a the matters �mo- Fleme coreEG City Administration at 863-7 which 63-3372, orate to be based. to obtain a copy of the agvMa In i�dM the Americas ntth DirabBdes Ad (ADA) a 1990 per- sons n special accommodation 6 participate In this proceeding should contact the Clerk's O81tE at 863- 763 -3372 for assistance. by: James E �1aya Lane Ganloha, OAC, City Merl( are enmroauyrag(k 00 attennd and Patidpate h 0017 the Office d tliebe t Qerk du In ennorrmal busl - AGENDA VIII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion on adopting proposed Ordinance No, 10 continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A, 1. a) Motion to read by title only and set September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089, regarding Petition No. 12 -001 -R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E,A.A.A.S. Holdings, LLC, to rezoning Lots 3 to 6 of Block 78, City of Okeechobee from CPO to CLT - City Planning Consultant (Exhibit 3), b) Vote on motion to read by title only and set final public hearing date c) City Attorney to read proposed Ordinance No, 1089. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - PAGE 8 OF 15 COUNCIL ACTION - DISCUSSION - VOTE For further clarification, the natural gas gate is located at Cemetery Road and U.S. Highway 441 North. The initial infrastructure will be along U.S. Highway 441 and State Road 70, The County is not permitted by State law to require a franchise agreement, they can only issue building permits. FPUC will also have to submit for Florida Department of Transportation permits and City building permits. VOTE KIRK - YEA WATFORD - No MAXWELL - YEA WILLIAMS - YEA O'CONNOR -No MOTION CARRIED. Mr. Kennedy thanked the City Staff for their assistance and introduced two FPUC employees who will be transferring to Okeechobee to begin establishing the system. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:58 P.M. Council Member Watford moved to read by title only and set September 4, 2012 as a final public hearing date for proposed Ordinance No. 1089, regarding Petition No. 12-001-R, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.AA.A.S. Holdings, LLC, to rezone Lots 3 to 6 of Block 78, City of Okeechobee from CPO to CLT; seconded by Council Member O'Connor. VOTE KIRK - YEA WATFORD - YEA MAXWELL -YEA O'CONNOR - YEA WILLIAMS • YEA MOTION CARRIED, Attorney Cook read proposed Ordinance No. 1089 by title only as follows. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERAB!LITY AND AN EFFECTIVE DATE" AGENDA IX. NEW BUSINESS CONTINUED. 2. a) Motion to approve the first reading of proposed Ordinance No. 1089. b) Discussion. AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP REGULAR MEETING - PAGE 9 of 15 COUNCIL ACTION - DISCUSSION • VOTE Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1088; seconded by Council Member Williams. LaRue Planning Services Senior Planner Mr. Bill Brisson addressed the Council and reviewed the Planning Staff report, which reflects the following findings: The proposed use is not contrary to the Comprehensive Plan requirements, the Future Land Use is Commercial. The proposed use being applied for is specifically authorized by Special Exception. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is an allowable Special Exception use in CLT. More so, the owner has specifically requested a combined use of an ALF and an Alcohol and/or Drug Rehabilitation Center. The center falls under the definition of a Group Home. This should not have an adverse effect on the public interest. It is appropriate for the location, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use pattems. Surrounding uses are largely commercial, however there is a residence and multi - family uses to the South. Group Homes are also a Special Exception use in Residential Multiple Family (RMF) Zoning Districts. The existing residence is located in the proposed Transitional Commercial Overlay area, and Planning Staff expects it will eventually be used more intensively for either multi- family or commercial uses. The site is already suitably buffered from adjacent properties to the South, and East by a concrete fence. All of the existing uses to the North, and West are separated from the facility by Northeast 7"' Street and 2"° Avenue. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; nor should it create traffic congestion, flooding or drainage problems, or otherwise affect public safety. it has not been inordinately burdened by unnecessary restrictions. Planning Staff is recommending approval. The Planning Board is also recommending approval, by a 4 to 3 vote. The property owner submitted a Special Exception (Petition No. 12-003-SE) at the Planning Board/Board of Adjustments July 19 meeting. Approval is contingent upon the adoption of the rezoning. Council clarified that by State law, only the rezoning could be addressed, and whether the uses listed would be appropriate or not for the location. Special Exceptions are granted by the Board of Adjustments. Mr. Brisson was asked by Council Member Maxwell, what were all the types of centers or facilities that could fall under the definition of a Group Horne? Mr. Brisson read an extensive list. The question was asked whether a sex offender rehabilitation center would fall under the definition? Mr. Brisson responded, yes, in some instances. However, when a group home use is being applied for, the Board of Adjustment should specifically address it in the motion, as to what type of facility /center was approved, not just a general approval of all group homes. That is what they did in this situation, with added special conditions. Therefore, should the owner wish to change from a drug /alcohol rehabilitation center, they would have to apply for a new Special Exception. Attorney Cook noted he would need to review this information by the final hearing. AGENDA VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion on approving the first reading of proposed Ordinance No, 1089. c) Vote on motion. B. Motion to adopt proposed Resolution No. 12 -07, revising and adopting Commerical Rates and Fees for Solid Waste Collection - City Attorney (Exhibit 4). C. Consider a request for approval of Welcome Sign Project and New Mural project - Cindy Birdashaw, Main Street (Exhibit 5). D. Motion to Award Grant Administration Service Bid No, RFP -ADM- 03-00-06-12, for the FY 2011 CDBG Economic Development Program - City Administrator (Exhibit 6). AUGUST 21, 2012 - REGULAR MEETING & BUDGET WORKSHOP - REGULAR MEETING - PAGE 10 OF 15 259 COUNCIL ACTION - DISCUSSION - VOTE There were two members of the public who addressed the Council. Mr. Jim Vensel of 2002 South Parrott Avenue, whose mother -in -law, Mrs. Martha Conely, is currently a resident at the ALF, stated his opposition to the rezoning as it would allow the drug and alcohol rehabilitation center. He agreed the community needed a center of that nature but not in combination with an ALF. Ms. Karyne Brass, City Planning Board Member, noted she voted against the rezoning and special exception, and stated her concern for the approval. Dr. Khan, one of the property owners of the application defended his plan for the center. He offered that this center was going to be for upscale clients, from out of town, wanting their privacy. Remodeling would be done in order to keep two types of uses separate from each other. There would not be a common area, the center would have a discrete enclosed area with its own area and privacy. Mayor Kirk clarified, what is before us is the rezoning for first reading, it will be on the agenda at the next meeting. The Council can only consider whether the zoning is appropriate. Council Member Maxwell noted he was still concerned with the various types of centers that would fall under group home and needed legal counsel to confine Mr. Brisson's interpretation that the motion of the type of group home is specific to only a drug and alcohol rehabilitation center. VOTE KIRK - YEA WATFORD - YEA MAXWELL - No O'CONNOR - YEA WILLIAMS • YEA MOTION CARRIED. The motion to adopt proposed Resolution No. 12 -07, revising and adopting Commercial Rates and Fees for Solid Waste Collection was withdrawn from the agenda. The item to consider a request for approval of a Welcome Sign Project and New Mural Project was withdrawn from the agenda. Council Member Watford moved to Award the Grant Administration Services RFP No. ADM- 03- 00- 06 -12, to Nancy Phillips and Associates, L.C., [in the amount of eighteen thousand dollars) for the Fiscal Year 2011 Community Development Block Grant Economic Development Program [Grant No, 12DB- OH- 07- 57- 02 -E08, Applebee's State Road 70 East, left turn lane]; seconded by Council Member O'Connor. The Request for Proposals were received until July 16, 2012. The ranking committee, consisting of Mayor Kirk, Administrator Whitehall, and Executive Secretary Robin Brock ranked the two firms. Nancy Philips receiving 92.8 points and Guardian Community Resource Management, inc., receiving 86,8 points. Exhibit 3 Aug 21, 2012 ORDINANCE NO. 1089 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of the property owners, A.M.S.A. Holdings, LLC and E.A.A.A. S. Holdings, LLC, has heretofore filed Petition No. 12- 001 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.642 acre(s) from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District, and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on July 19, 2012, and submitted by Planning Staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land consisting of approximately 0.642 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 3 TO 6 OF BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Commercial Professional Office (CPO) Zoning District to Light Commercial (CLT) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1089 Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 21st day of August, 2012. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4' day of September, 2012. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1089 Page 2 of 2 AGENDA V. CONSIDER PETITIONS AND APPLICATIONS • Chairperson. Petition No. 12 -001 -R, submitted by Muhammad Nooruddin on behalf of property owners A.M.S.A. Holdings, LLC and E.A,A.A.S. Holdings, LLC, for property located at 608 NE 2nd Avenue, to change the Zoning classification on Lots 3 to -6 of Block 78 City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT) (Exhibit 1). 1. Hear from Planning Staff. JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS • PAGE 2 OF 6 ACTION - DISCUSSION - VOTE Petition No. 12-001-R, was submitted by Mr. Muhammad Nooruddin on behalf of property owners A.M.S.A. Holdings, LLC and E.A.AA.S. Holdings, LLC, for property located at 608 NE 2n4 Avenue, to change the Zoning on Lots 3 to 6 of Block 78, City of Okeechobee, from Commercial Professional Office (CPO) to Light Commercial (CLT). Planner Brisson addressed the Board to review the proposed rezoning. Code Book Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets the following conditions: The proposed use is not contrary to the Comprehensive Plan requirements since the Future Land Use classification is Commercial. The proposed use being applied for is specifically authorized under the Zoning District. The property is currently zoned CPO with a Special Exception for an Assisted Living Facility (ALF). The proposed use, a Group Home, is a Special Exception use in CLT. However, the owner has offered that they will be using the ALF on the second floor and an Alcohol and /or Drug Rehabilitation Center on the first floor. This falls under the definition of a Group Home, which should not have an adverse effect on the public interest. The proposed use is appropriate for the location, is reasonably compatible with adjacent and uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses are largely commercial, however there is a residence and multi- family uses to the South. Group Homes are also a Special Exception use in Residential Multiple Family (RMF) Zoning Districts. The residence is located in the proposed Transitional Commercial Overlay area, and Planning Staff expects it will eventually be used more intensively for either multi - family or commercial uses. The site is already suitably buffered from adjacent properties to the South, and East by a concrete fence. All of the existing uses to the North, and West are separated from the facility by Northeast 71h Street and 2"d Avenue. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; nor should it create traffic congestion, flooding or drainage problems, or otherwise affect public safety The proposed use has not been inordinately burdened by unnecessary restrictions. Planning Staff recommends approval of the petition and permitting the applicant to apply for a Special Exception use for a Group Home. However, it is suggested that during consideration of the Special Exception to allow establishment of a Alcohol and/or Drug Rehabilitation Center that special conditions be added. AGENDA V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. CD 2. Hear from the property owner or designee /agent, Petition No. 12 -001 -R to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from CPO to CLT continued. 3. Open Public Hearing for comment - Chairperson. 4. Close Public Hearing - Chairperson. 5. Board Discussion. 6. Consider motion for recommendation to City Council and vote. QUASI-JUDICIAL B. Petition No. 12-003-SE, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.AA.S, Holdings, LLC for property located at 608 NE 2"0 Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning District, (Ref. Sec. 90- 253(16)) (Exhibit 2). JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 of 6 ACTION - DISCUSSION - VOTE Chairperson Hoover yielded the floor to Mr. Nooruddin, who explained that the Alcohol and/or Drug Rehabilitation patients would be permitted on the first floor only, They would not be permitted to drive themselves to the facility and would be required to sign a form that would state that they would not be able to leave the facility until authorized Several Board Members asked specific questions and raised concems of combining these two types of facilities in one building and for surrounding families, Mr. Nooruddin offered various methods that will be put in place to keep the ALF residences separate from the rehabilitation clients, as well as the requirements of them to be in the program. Chairperson Hoover opened the Public Hearing at 6:42 p.m. and asked whether there were any questions or comments from the public. There was none. Chairperson Hoover closed the Public Hearing at 6:43 p.m. Chairperson Hoover asked whether there was any further discussion from the Board. There was none. Board Member Burroughs made a motion, based on Planning Staff findings to recommend approval to the City Council for Petition No. 12 -001 -R, to rezone Lots 3 to 6 of Block 78, City of Okeechobee, from CPO to CLT; seconded by Board Member McCoy. VOTE HOOVER •YEA MORGAN- ABSENT BURROUGHS -YEA RITTER - YEA BRASS - NAY KELLHR • NAY McCoy - YEA BAUGHMAN - ABSENT MCCREARY - NAY MOTION CARRIED. Petition will be forwarded in Ordinance form for a Final Public Heating on September 4, 2012 before City Council. Petition No. 12-003-SE, was submitted by Mr. Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for property located at 608 NE 2nd Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a Group Home that would provide for a Alcohol and /or Drug Rehabilitation Center and ALF within a Light Commercial (CLT) Zoning district. (Ref. Sec. 90- 253(16)). Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: A.M.S.A. Holdings, LLC Petition No.: 12-001-R 1.111,iti4Planning = & Management Services, Inc. 137i Jarlcson Street. Suite 206 POIK Wert:. Floritlz 239-334-3366 Serving Florida Local Governments Since 1988 t "7 - Staff Report Rezoning Request Gerter V hifi rmatiori Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12 -001 -R Owner/ Applicant: Applicant Address: Site Address: Contact Person: Applicant/Contact Phone Number: E -mail Address A.M.S.A. Holdings LLC and EAAAS Holding, LLC A.M.S.A. Holdings, LLC P.O. Box 448 Okeechobee, FL 34973 608 NE 2nd Avenue Muhammad Nooruddin, Mgr of A.M.S.A 863 - 610 -1404 Nooruddin64 @gmail.com Existing Proposed Future Land Use Map Classification Commercial Commercial Zoning District CPO CLT Use of Property Assisted Living Group Home & ALF Facility (ALF) 0.642 Acreage 0.642 Legate Description of Subject Property Location: 608 NE 2nd Avenue, Okeechobee, FL 34986 Parcel Identification Number: 3- 15- 37 -35- 0010- 00780 -0050 LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Request Applicant is requesting a rezoning for the above shown property from CPO to CLT. The Applicant would like to use some or all of the facility for an alcohol and drug rehabilitation (detox) facility. The Applicant envisions initially conducting the alcohol /drug rehabilitation treatment in six to eight of the beds on the ground floor. Ultimately, he may wish to use all 32 of the beds in the facility for the alcohol /drug rehabilitation services. An alcohol /drug rehabilitation facility qualifies under the definition in the LDC for "Group Home ". A Group Home is a Special Exception in the CLT District. VOSIVANCIMMItn. r __ ' re-.. _._..,u y ;m-�.ve�c - acr -.: --: =" •aw, LS._cae 1 Serving Florida Local Governments Since Mid Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R Ad dolliit .F cdEi ee; Lan L Lie !lira ps ,CfassificatiotfarcitZoningi District North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Industrial IND Vehicle sales, repair and open storage Commercial CPO "Big Lake Baptist Association" Commercial and Single Family CPO and RSF -1 Vacant and single - family home Comm ercial CHV "KST Construction" Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comment to each of the required findings. These are repeated in this Times Roman typeface. Staff comments follow the Applicant's statements and are shown in Arial typeface. 1. The proposed use is not contrary to Comprehensive Plan requirements. "The property is located within Comprehensive Plan requirements. Future map is within Commercial." Staff Comment: The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Further, the subject property is located within the second block east of US 441, thereby failing within the area proposed as the Transitional Commercial Overlay Future Land Use Subcategory where CLT is generally considered a compatible zoning designation. There are also other areas similarly situated along NE 2nd Avenue that are zoned CLT. Serving Florida Local Go'.•rnments Since 1988 2 Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R 2. The proposed use being applied. or is specifically authorized under the zoning district in the Land Development Regulations. "The property is currently zoned "CPO" with Special Exception for Assisted Living Facility." Staff Comment: The proposed use, Group Home, is a Special Exception use in the CLT zoning district. The specific proposed use is an alcohol and /or drug rehabilitation center. This use qualifies under the definition of Group Home. The definition is presented below with the sections specifically applicable to the proposed use highlighted. "Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419;. and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and /or the agency for health care administration, or other state or federal agency. 3. The proposed use will not have an adverse effect on the public interest. "We will use 6 — 8 beds initially for detox purposes, where patients drop off for detox treatment anywhere from 1 = 4 weeks as an average. It will be good for Okeechobee since there is no detox center in Okeechobee." Staff Comment: We agree there should be no adverse effect upon the public interest, particularly if patients are driven to the facility, dropped off, are unable to leave the facility until released and are picked up by friends or relatives. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "North of the building is Heavy Commercial. South: Vacant land. East of the building is Heavy Commercial or CPO. West of Building is Heavy Commercial (repair service)" Staff Comment: CLT zoning and its allowable uses are reasonably compatible with the zoning and uses on adjacent properties, which uses are largely commercial. One property is zoned RSF1 and used as a single - family residence. This property is also adjacent to RMF zoning which also allows Group Homes as a Special Exception use. Given that the • • Staff Report Applicant's Name: A. M. S.A. Holdings, LLC Rezoning Request Petition No. 12 -001 -R single - family home is also located in the Transitional Commercial Overlay area, we expect it will eventually be used more intensively for either a multi - family or commercial use. We do not believe the operation of an alcohol /drug rehabilitation center will be contrary or detrimental to urbanizing land use patterns within the Transitional Commercial Overlay area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use of the property will not affect value or living condition. 4 - 6 beds use of ground floor for detox will not adversely affect property value." [Staff Note: We believe the actual proposal is for 6 — 8 beds for detox use.] Staff Comment: For the same reasons given in our comments to number 4, above, we do not believe the proposed rezoning and use will adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The proposed use of CLT will [be] suitably buffered within surrounding properties. It will be no hazard to the neighborhood. It will be business within existing business. There will not be any additional parking required, as patients will be dropped off." Staff Comment: The building and grounds are already suitably buffered from adjacent properties to the south, southeast and east by walls. All of the uses to the north, northwest and west are separated from the facility by public roads. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The proposed use of the existing business has /will not affect the facility's utilities usage more than the current usage. 4 — 6 beds of detox (or in future may convert total facility to patients with detox) will keep the same usage of utilities as currently." [Staff Note: We believe the actual proposal is for 6 — 8 beds for detox use.] Staff Comment: There will be no increase in the number of beds in the facility, therefore there will be no change in the density or any other factor that would overburden any public facilities. Serving Florida Local liorernmerns Since 1938 4 Staff Report Rezoning Request Applicant's Name: A. M. S.A. Holdings, LLC Petition No. 12 -001 -R 3. The proposed use will not create tra IC congestion, flooding or drainage problems, or otherwise affect public safety. "Patients with Detox Rehabilitation most likely [will be] dropped off to the facility. They will be living in facility as the current residents are living. Maximum number will not exceed the 32. (If we decided to go that route in the future.)" Staff Comment: There will be no increase in the number of beds in the facility, therefore one would not expect any increase in traffic. Similarly, the physical facility will be unchanged and no effect upon flooding, drainage patterns or any aspect of public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "We have to get /apply for State license prior to admitting any detox drug and/or alcohol rehabilitation patients. Otherwise, there are no restrictions." Staff Comment: The proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation Staff recommends approval of the request to rezone the property from CPO to CLT thereby permitting the Applicant to apply for a Special Exception for a Group Home. We do, however, suggest that during consideration of the Special Exception to allow establishment of a alcohol /drug rehabilitation (detox) center the following be considered as conditions of any approval: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Submitted by: Wm. F. Brisson, AICP June 27, 2012 Planning Board Hearing: July 19, 2012 Council Hearing: August 12, 2012 and September 4, 2012 Attachments: Future Land Use Map Zoning Map Aerial photograph Selling Florida Local 4,fverfnlenl5 ti,nir I, >$8 L___Z. -s :_-.1,7 Z-43,11G1 T- �,-__,.: 5 1 General Services Departmene ue, Room 101 orida 34974-2903 33-3372, ext. 218 1686 , • .1,;.- ".12.■ It Ly — Fee Paid: 850,00 r '. .2 . isdiction: -ill Hearing: 7. . . ici...R 2"d Hearing: Publication Dates: '--- `.•:Th. ,.'ic :; ," 4'i' , : 01. _ Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): f.)i 11),,,,-, A 14 i »/A_\ L.-- i„a, A I: f). iiii.,) .5 0 Lf i: 014 e: c.(1149.e.t., '.,, _ 4);4, k Ai , ,DS, - ,, 2 Owner mailing address: .:.'1 0 3,7y 3 Name of applicant(s) if other than owner ellotoolnurb ,v,z,,,..,,2_,,, 4 Applicant mailing address: p. 9t, y L.; C- 8 , pi<e e i tc.,..74.,,, ei p( -- sLi573 e-mail address: 644) it.; ‘4.41p ,,,,,,„) e., ti r.,-)_„ ) .71.1 el, 01 . (7ry-) Name of contact persip,n (state relationship): fn ti MO-0' i in) i ilhoit-c-i a b, i A -1 i ii,Mitligfit., 4a 5 Contact person daytime phone(s): P6. ?:, - & I 0 - /, PROPERTY INFORMATION Property address/directions to property: 6 6 a a., Jr- ' 3 :/tptern OiLi! e h. i)bta i/ /----6 - 3(41 -7 9— Describe current use of property: 6.47 0 ..--,.-,,s,„ di.s i).?...r," 1 t li. - ," k c-1 : Li 44)IpPlite-/ 3 ge-oe XI& +445'4 1 4` )--,,,4:40` _n fr-'60„1„ , 9 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. oNe. Ti 51-1V Ai( + t e( 041 1 4- ) 5 4.---4., 1.) yff 4 cio t.--4.,1 (..; i-v , 0 ec ‘,/,;‘,...{. /s 6,2.4 0 ull.. Source of potable water:4;4,4,g, Method of sewage disposal: 6'e1141-6e, . 10 Approx. acreage: 41 6 to, Is property in a platted subdivision? y,e.-S, is or was in violation of a city or county ordinance? If so, describe: 11 Is there a use on the property that Al 0 A/ -e. 12 Is a pending sale of the property subject to this application being granted? 17\ic.) , 13 Describe uses on adjoining property to the North: 0416w-roe 151 Laic,- 13,91-11 I - North: Ilk i'v 12(( 14;t <201)- (1.0-17 . Pr401,0C1-W-Li East: -164,4tet,. ''‘,!--P4) • South: i/ii-cc,,,) i- i1.(00 ) 0,-„A 4 r i s),-.) i e bi-14,7 West: e...PI V - (.1_41 clyhajysyv itefia:„'„ ,c4,-;:/dAzt__),' 14 Existing zoning: (10 0 , 'Future Land Use classification C___ 15 Have there been any prior rezoning, property? ( ) No ( Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. ,es-p.&ec 1.7 -2,o0 cf — IL 16 ,, Request is for: ) Rezone ( V) Special Exception ) Variance 17 Parcel Identification Number: / _ / S--- 2, --).__ -71 c---__ 0 ccm6 ) . (Rev 01112) k I Staff Report Rezoning Request Applicant's Name: A.M.S.A. Holdings, LLC Petition No. 12-001-R SUBJECT SITE AND ENVIRONS '7 • s;•,' AP, Air4u ;et • •,•,.;:li,,,,,,•'•••tYN•0110#tA•"••••••••• „ 14,4f7, Snjii Filnitkt win. 8 Staff Report Applicant's Name: A,M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R ZONING UNINCORFOR.ATED CED - COMM BUSII:ES 2 DISTRICT CHV - HEAVY COMMERCIAL CLT - LIGHT COMMERCIAL CO - COMM FROFESSIONAL OFFICE .; H • HOLDING IND • INDUSTRIAL FLS ;TIMM FACILITIES BUD-MIXE.D FLD-R IRLIF - RESIDENTIAL MULTIPLE FAMILY RLIH FIES tDENT:At. MOLE HOME RS i - RERDEm4L TINGLE FAMILY SSF2 - RESIDENTIAL SIM:ILE FAMILY (2; ZONING SUBJECT SITE AND ENVIRONS Serving. riorkta 1 at vtlIslent 5' i1, 1 UNIN 7 Staff Report Applicant's Name: A.M.S.A. Holdings, LLC Rezoning Request Petition No. 12-001-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 7E-=,i,7 4,F0 COA:S7 4,41.E 4 E 7 TH STREET Subject Property :7.77,77.71meadet; • 1 I 7 .1 111 COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE Starting Flutida Coiernments ".irt,1.^ 1+004 E. TH EE 6 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 r Printed Name Date 1 v!/ m fib Az/n1-791,11) igloo tLee/»,r- 6// For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) REQUIRED AITA> .HMENI 18 Applicants statement of interest in property: t- as-iz.. s'eytiz-. .2:4 6r- ,j T1 _: =t: 1,1 ;fr -,- -„ ); p} C. %c . kc"( cam• /4,4,91 ,174''- AE:.E dhi r; `'4' -r_iGY1 i1,z- c. i..,,L.. iv ,i14: -, zA)J.‘. I --, E.i. (1,---v-ti :11 g:-4. - c , * ' . . '�i' J' 1 z' € c.:'.. E' 414 1) Ij t�i1J • Al ..; H 20'1:1,,t-4: i? 19 Non- refundable application fee: Rezoning: $850 plus $30 /acre; Special Exce tion: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: N!'• °i : °+ fn r:; °.: - t. 1 rF A•: 21 Notarized letter of consent from property owner (if applicant is different from property owner) t three property surveys (one no larger than 11@ x 17(t) containing: a. certified boundary survey, date of survey, surveyors name, address and phone number %' - ✓'b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre/lc-iv 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraisers Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature r Printed Name Date 1 v!/ m fib Az/n1-791,11) igloo tLee/»,r- 6// For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) A 4 I%I IZ`.IOINA :11060 .rk'T (n.gloga w'FOR A iZE Q f_> Current zoning classification: .1 n 0 Requested zoning classification IL/ 9/.t en.-h>> 111 w 1Cr fp 2 B Describe the esired permitted use and intended nature of activities and development of the property? °'' -1-0,.... toy V 7ro l ti YA ix"? i N /b7 i S i a e . . . i.0 i l l 11 t:.d. ;�'i�. Lv • t1t ; Al 'Tr4'. �X 1.4 f's Az) t f+ ,-1 II f cM x ee i L.1Cq— , v ,r). 0 it iLt.,_., ,4 •fv tGi� C�, L r ( Is,a Special Exception necessary for your intended use? (___) No ( ✓) Yes If yes, briefly describe: .. -1rL&1it.h T�llY' rka.. e i.'"vtr 5. 411 ii 5j,41:/-u,,i, '_ J'Jv //ti % >r '?`,n;le b1! X, a�4-L.ea Li -(' otm -d( /c ( .149/ !1 Gt.-iiiiiLI 1-70 I'c`nf.. D Is a Variance necessary for your intended use? (5 No () Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. . FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to comprehensive Plan requirements. •.z 17 rv7 + t Cv cdr� ar( A9; 1-h%A) e<ym �reh4 // 51' %(.d nJ � F•••-3-t&Y /111 tin is ov; thin/ e-c" vt i-e✓ . 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 7 /y6 /ir i.s C4A(2 -12 rf�j 3 v,1)aV( `e• f p' a)) e & -frh'ir Ifj ihsisrafl 1 G+Nvl p ,��c:filj , 3. The proposed use will not have an adverseffect on the public ntere�st. JS ��i ���wr� 1 ��rN �G0/� f P t'`' i W%f/ tt5 e- & - ,t3 s y 4L¢nh • rre4ttne.,/t f �9t -e-,•+ / ✓A 4-4. ..-41/a72.11- .rt GQ /I 3 Of- A Lm' p(«e e4L -Ohez "�✓GG )14-tre < • le-VI-till 4Y /7C.40C4- 14,1 -e - i 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or de triment al to urbanizing I nd use pac t terns7. No yh'. 8u j /dj j v. y .64-q- 9) &1x(/ /./Cwv►wr'.e t -1G(eaat' . 5014 V d-A4 J €j- hoist ilk C p( Wetly Stw:cG) 5. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. /),-) u Zei &l 4 `V) 112 51-41 -e- s (Rev. 04/1 1) (I, 3 • • 17 ctf�if. sv`ij !)r razcnin r)r chii, , i:e!::j aeveiop,T Etit.' , !"- ' >! "�� 'iLf •`itii iii- 6. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. ,1,t� j�•[j(/�L(�.vt - "� `s <,,,. <( �t�2�. 1 -, �:,(,� �_- ,,`-J�rlrrW:•wc .�4E k G� u iirr e. zfiar; r_ a- -Afn 7. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the irnprovernent,,_ or development of adjacent property. } t�Cd� =< AIL 1:-11'4.' _1/4 dc'i ..�'tf7tM .( / /.lew's Lal.i' ./2) 8. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood t T - y // .vi) hi *='t - W,`ict ire '- aL:'r.,,cli Vr r t 4-e-- i" h3 ar e ` L r e 1 o "--/e • �yr M1;7/ <F 64, 4/e S 5 Y� : �Gi i uJ .E-1(; S /))1 A/c /`• 14-e /riv1 ftditi )7 M /Mi`�` 3_t �Y�' crrc re„,t 4?�i%i ps,4 e,. (-5 vd) / ( !a G ,Br'd%f .a(. 9. The pr osed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services t hY1 I?) O> .ea l�S Erb yAe_ ex; 5.11 /jc-,c �� ltom s 4 %Y�c V .�( �-yi f� /, /: �<i/(J1.44 -tre mime- ' ra,F 4' �itc ee rr ds , 19� <`• trtrn IN �t 'f care 'J�'tti COQ/ 2 T ti++ cv )/ k + f� x) t ✓ )// ' 'f �t� '4<yyn � it f, h' a� �8�t�i�u,� , � 10. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public saf Piz vt iN/ A fte2 + 11: it-4-'97,w rY3L$r Gik %i d y07b ( ,/.� >'yr c e t4` /<'7/ • w /i/ 4 e. Lc\tA �f� d �, h `I-) ' .02-J �- /L IS r� f Grs ' �`,�i �+.. /I.z v)// rv�= �ccJ2 <-#' , ,t) 11. The proposed use -has not been Inordinately burdened by unnecessary restrictions, n I Tr • jL� ft aYV+ -G 1-X9 / /ef,�Jlj Lief 7�FY ?fir Pi d ` <te,ra -e - / rW 67 �t,L2t•P.i%1/J�t G n 44--11 x Pr�L Y/mv' fiezt<[ 4-0-e ���,� The City staff will, in The Staff Report, address the request and evaluate it and the Applicant's sums ion to light of the above criteria and offer a recommendation for approval or denial. (Rev. 04/H) Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of � r DjgA • 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 Signature of Applicant Mu tern (1%F b)' ' Name of Applicant (printed or typed) State of Florida County of Okeechobee to this 1 N day of Date LI/ ti)ia\. Sworn to and subscribed before me this day of , . Personally known to me ✓ or produced as identification and did not take an oath. 1 tu,Cti M. i .t_.0 Q _ Notary Public, State of Florida (Rev. 04/11) Seal: ip`"iti Not ary Public State of Florida ® Patty M 6umette ''or nc Expires Commission 2/212 827982 P 5 WITHIN 300' 3- 15- 37 -35- 0010- 00780 -0050 PIN OWNER NAME ADDRESS 1 CITY NAME I ST ZIPCODE 3- 15- 37 -35- 0010 - 00550 -0010 TARMAC FLORIDA INC 1151 AZALEA GARDEN ROAD NORFOLK IVA 1 235020000 3- 15- 37 -35- 0010 - 00560 -0010 TUTEN TROY T & MARY ANN 2457 SW 18TH COURT OKEECHOBEE !FL 34974 3-15-37-35- 0010 - 00560 -0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 OKEECHOBEE 'FL 13497k000- 3- 15- 37 -35- 0010 -00570 -0050 TRENT RONALD L 2322 SE 33RD ST OKEECHOBEE F 1 34974 3- 15- 37 -35- 0010 - 00570 -0080 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 OKEECHOBEE FL ; 349730000 3- 15- 37 -35- 0010 - 00570 -0180 HAYDON ELLIS R & RITA 2448 NE 80TH AVENUE OKEECHOBEE�FL ; 349728100 3- 15 -37 -35 -0010 -00770 -0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE IFL ! 34972 3- 15 -37 -35 -0010 -00770 -0030 4 GIRLS ENTERPRISES INC 701 NE 3RD ST OKEECHOBEE FL ! 34972 3- 15 -37 -35 -0010- 00770 -0060 BIG LAKE EYE CARE LLC 1540 SE 40TH AVENUE O� KEECHOBEE FL i 349740000 3- 15- 37 -35- 0010 - 00770 -0100 BIG LAKE EYE CARE LLC 606 NORTH PARROTT AVENUE OKEECHOBEE FL I 34972 3- 15- 37 -35- 0010 - 00780 -0010 BIG LAKE BAPTIST ASSOCIATION I PO BOX 1203 OKEECHOBEE !FL ; 349731203 3- 15- 37 -35- 0010 - 00780 -0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE IFL ! 34972 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE ' ' 34974 3- 15- 37 -35- 0010 - 00780 -0110 PARKER ROBERT C SR & JOANNA 209 NE 6TH ST OKEECHOBEE FL 349720000 3- 15- 37 -35- 0010 - 00790 -0030 COYLE WILLIAM D 306 NE 7TH ST OKEECHOBEE ;FL 349740000 3- 15- 37-35- 0010 -00790 -0050 ROWLETTJOSEPH PO BOX 1903 OKEECHOBEE IFL ( 349731903 3- 15 -37 -35 -0010 -00790 -0070 ROWLETT JOSEPH PO BOX 1903 OKEECHOBEE f FL 1--71.9731903 3- 15 -37 -35 -0010 -00790 -0090 QUARLES NANCY GAIL 311 NE 6TH ST OKEECHOBEE 1FL 1349720000 3- 15- 37 -35- 0010 -00880 -0060 MITCHELL RONALD & GIANINNA 8800 NW 160TH STREET OKEECHOBEE ,FL' 34972 3- 15- 37 -35- 0010 - 00890 -0010 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE !FL ;349722605 3- 15- 37 -35- 0010 - 00890 -0040 NIX CATHERINE S TRUSTEE 201 NE 5TH STREET OKEECHOBEE IFL 1 349722605 3- 15- 37 -35- 0010 - 00890 -0060 MADRIGAL ANSELMO & MARYANN 1788 SW 8TH STREET OKEECHOBEE FL I 34974 3- 15- 37 -35- 0010 - 00900 -0010 SEACOAST NATIONAL BANK 815 COLORADO AVE STUART !FL 34994 • 8 03 z 0 0 —I A X mm M A .17•07)-<-• o rn o ,"4, 0 0 0 4S 0 memo m z o m c 0 ' 3-15-37-35-0010-00780-0070 NUNEZ DAVID JR & ANITA 701 NE 3RD ST OKEECHOBEE FL34972 • 3-15-37-35-0010-00780-0090 MEDINA J REYES GARCIA 5615 NE 3RD LANE OKEECHOBEE FL34974 3-15-37-35-0010-00780-0110 PARKER ROBERT C SR & JOANN 209 NE 6TH ST OKEECHOBEE FL349720000 • 3-15-37-35-0010-00770-0010 KST CONSTRUCTION INC 3283 NW 32ND AVENUE OKEECHOBEE FL34972 ‘.4 • ' ' -\->1 3-15-37-35-0010-00780-0010 I EilG LAKE BAPTIST ASSOCIATIOFL I PO BOX 1203 OKEECHOBEE FL349731203 NE 3RD AVE IS HIL 3N NE 2ND AVE 3-15-37-35-0010-00560-0160 LOWE JOHN MARCUS & CONSTANCE W PO BOX 296 OKEECHOBEE FL349730000 Veh (Cr3o j r- c L, AM. m c.) 7 X cp fn 2 0 m _( 0 I 9* O ° rnrn > " 23 0 > Z Z ° .00I NIHlIM M1VaNflO 1a3?iVd C12 CD • • Time Line of Petitions for Lots 3 to 6 of Block 78 City of Okeechobee Subdivision April 19, 2007 - Planning Board postpones offering a recommendation on Petition No. 07- 006 -SSA, amending the Future Land Use classification from Single Family to Commercial and No. 07 -004 -R rezoning from RSF -1 to CPO. The applicant, Mr. Nooruddin requested the postponement to decide whether he wanted to amend his petition from building a medical office to an assisted living facility. May 17, 2007 - Planning Board recommends approval of both petitions. Applicant did not make any changes to the petition & application, leaves as submitted. June 5, 2007 - City Council adopts Ordinance No. 982, amending the FLU map from SF to C and approved the first reading of Ordinance No. 986/07 -00 -R for the rezoning application. July 3, 2007 - City Council adopt Ordinance No. 986/07 -00 -R rezoning the property from RSF -1 to CPO. October 23, 2008 - Board of Adjustment approves Special Exception Petition No. 08- 011-SE, to allow an Assisted Living Facility within a CPO zoning district. There were no conditions placed on the Special Exception. V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. QUASI-JUDICIAL B. Petition No. 12 -003 -SE, submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and E.A.A.A.S. Holdings, LLC for property located at 608 NE 2nd Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a group home that would provide for a Rehabilitation Center and Assisted Living Facility within a Light Commercial (CLT) Zoning District, (Ref. Sec. 90- 253(16)) (Exhibit 2). JULY 19, 2012 • PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS • PAGE 3 OF 6 • Petition No. 12 -003 -SE, was submitted by Mr. Nooruddin on behalf of property owners, A.M.S.A. Holdings, LLC and EA.AA.S. Holdings, LLC for property located at 608 NE 2nd Avenue, Legal: Lots 3 to 6 of Block 78 City of Okeechobee, to allow a Group Home that would provide for a Alcohol and /or Dr.ig Rehabilitation Center and ALF within a Light Commercial (CLT) Zoning district. (Ref. Sec. 90- 253(16)). JULY 19, 2012 • PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 1. Hear from Planning Staff, Petition No. 12 -003 -SE requesting a Special Exception to allow for a Group Home in a CLT Zoning District continued. xxgzass.Yu;�s Planner Brisson reviewed the Planning Staff report. Code Book Section 70-373 (b) requires that an applicant address, during the presentation to the Board of Adjustment, the following standards for granting a Special Exception: Demonstrate that the proposed location and site are appropriate for the use. The specific proposed use is a Alcohol and/or Drug Rehabilitation Center with an ALF. This use qualifies under the definition of a Group Home, which Mr. Brisson read in its' entirety, stating further that a rehabilitation center is reasonably compatible with the zoning and existing commercial uses on adjacent properties. The subject property is located one block East of North Parrott Avenue and within the proposed Transitional Commercial Overlay area, where properties are expected to be zoned primarily CLT, CPO, or RMF. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. The existing building and site have been developed to provide for temporary or permanent living quarters for individuals needing assistance. Just as the current ALF has little or no effect upon the surrounding neighborhood, the treatment center will occur entirely within the property and have no significant effects upon the surrounding properties. Since the residents will not be leaving the building unattended, no specific design efforts are needed. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The building and grounds are already suitably buffered from adjacent properties to the South and East by a concrete fence. Uses to the North and West are separated from the facility by Northeast 7'" Street and 2nd Avenue and need no special screening treatments. Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. There will be no increase in the number of beds in the facility. Since the drug and /or alcohol rehabilitation patients are driven to the facility, dropped off, and are unable to leave the facility until released and picked up by friends or relatives, the impacts of the operation will be no different from those of the previously approved ALF. Presumably, the only difference in the operation will be the use of drug and /or alcohol rehabilitation counselors replacing some of the ALF Staff. The existing building and site have been developed to provide for temporary or permanent living. Demonstrate how the impact of traffic generation will be handled off-site and on -site. The applicant has not provided specific information regarding how traffic may or may not differ from the existing use. Planning Staff would not expect traffic associated with those servicing the facility would differ between the rehabilitation operation and the ALF. Therefore, we would expect only a minimal potential increase in traffic. Of V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 1. Hear from Planning Staff, Petition No. 12- 003-SE requesting a Special Exception to allow for a Group Horne in a CLT Zoning District continued. 2. Hear from the property owner or designee/agent. 3. Open Public Hearing for comment - Chairperson. 4. Close Public Hearing - Chairperson. 5. Board Discussion. JULY 19, 2012 •PLANNING BOARD!BoARD OF ADM STMENT ANO APPEALS • PAGE 5 OF 6 Planning Staff recommends approval of the Special Exception request to allow a Group Home involved in the operation of a drug and/or alcohol rehabilitation program an the property, with the following conditions: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility overnight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for return to his/her home. Mr. Nooruddin stated that the safety concerns of the Board would be addressed and that existing residences at the ALF were very important to him. The Board noted their concern for surrounding residences as well. Planner Brisson suggested that the Board add another condition that there would need to be some sort of electronic or manual blocking mechanism on entrance and exit doors of the Alcohol and/or Drug Rehabilitation Center, Chairperson Hoover opened the Public Hearing at 7:00 p.m. and asked whether there were any questions or comments from the public. There was none. Chairperson Hoover closed the Public Hearing at 7:01 p.m. Chairperson Hoover asked whether there was any further discussion from the Board. Member Burroughs asked how the surrounding property owners were notified and the verbiage that was used. The notices mailed referenced a Group Home and the advertisement in the newspaper referenced a Group Home with a rehabilitation center and ALF. The Board discussed the language of the notices to surrounding property owners and suggested that 'drug /alcohol rehabilitation' specially be used in the notice for the final Public Hearing. When reaching a conclusion on a Special Exception request, the Board of Adjustment must consider and show in its record the following findings as set forth in Code Book Section 70- 37310), The proposed use is found: Not to be contrary to the Comprehensive Plan. Specifically authorized as a special exception Use in the zoning district. Will not have an adverse effect on the public interest. Is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. Will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. Will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. JULY 19, 2012 - PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 6 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 6. Consider motion for recommendation to City Council and vote. Board Member Burroughs made a motion, based on Planning Staff findings to approve Petition No. 12 -003 -SE, to allow a Group Home that would provide for a Alcohol and /or Drug Rehabilitation Center and ALF within a CLT Zoning District with the following stipulations: 1. No patient shall be admitted to the rehabilitation facility unless dropped off by a friend or relative and that no vehicle in any way associated with the patient or person dropping off the patient be left at the facility ovemight. 2. No patient shall be allowed to leave the building unless accompanied by a friend or relative picking up the patient upon release from the facility, or accompanied by an employee of the facility for the purpose of taking the released patient to public transportation for retum to his/her home. 3. Some type of electronic or manual blocking mechanism on entrance/exit of the facility as well as on the entrance/exit doors to the detox center, seconded by Board Member Ritter. VOTE HOOVER -YEA BURROUGHS -YEA BRASS -NAY KELLER -NAY MCCOY -YEA MORGAN ABSENT RrrTER -YEA BAUGHMAN - ABSENT MCCREARY - NAY MOTION CARRIED. Mo RECEIVED from CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763 -3372 l0 _1 20 1 �-' A - EL-A_ �.L<-AP-. _ . �_ �`,i, _ti `C' 44 f -r °a` 4tef Dollars e &If aApt 100 CLERK