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13-002-SE Kenneth R. SpleteVI *City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: f- '7 - / 3 Petition No. 13 _00a - S E Fee Paid: Jr'- O Q Jurisdiction: Bc/i. 1st Hearing: 2nd Hearing: /`l /a 0-o?1 -IJ E�" Publication Dates: a 15113 (4 al ,5113 CWT) P8 Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): lke i_h R , yrie. Sc 1_ 43A.- a X `ig <„' 2 Owner mailing address: T C9. --6 0X acts ar ®wee e- Lo1Oet fL 31(Q ? 3 3 Name of applicant(s) if other than owner 4 Applicant mailing address: r'LQ1 E 4a e-mail address: LAreA_ i,'n e CCon�SirtIC_ },'(,/t @ qmq%/ leofil 5 Po r Name of contact person (state relationship): e 1 �� 31L P,e iC.(c. / sA ,-F 6 7 Contact person daytime phone(s): 86 PROPERTY INFORMATION 8lo3 — 43 i '/I91e Property address /directions to property: 1 b ,1? S ..512! fidernsre. O 4.ee c ,# e e, Ft , 3 4' 97 y 8 Describe current use of property: u_) 6 6 C (Ai) e d Ctv-vL de 71-2ri•ai-i •h g 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. y- ANAched uiriert's km,fal " 1 - p- 4-f•'c e- 4-fq ;1 er 1 Sibra3e S'he cI et m ek I )s Source of potable water: ®L R Method of sewage disposal: 0 of. 10 Approx. acreage: p, 96---a Is property in a platted subdivision? (/J�oi 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 1)0 12 Is a pending sale of the property subject to this application being granted? 1) O 13 Describe uses on ad'oining property to the North: rji.,c t j--zu� North: ('tjyn /IV�''irt rCS�. i East: 1)0A X: G/f,1/ South: CA a '`d�-` West: 0-yrierp c'a Ze f r awl 14 Existing zoning: G _ c ti, J Future Land Use classification FL Li . G 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? () No (V) Yes. If yes provide date, petition number and nature of approval. 16 Request is for: () Rezone (AZ) Special Exception ( ) Variance 17 Parcel Identification Number: .3 _4 / _ 3 7 _ 3 .S _ 60 4d - D:;1 .S_l D _ nni, (Rev 01/12) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name f Date ke - nnp R Se le-4e t J ul 13 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicants statement of interest in property: purrigu.ect p&p,i4tLy 19 Non- refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: Ja,,,,,k qy 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11@1 x 171) containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number b. Leal description of property ert p p p y pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser-s Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name f Date ke - nnp R Se le-4e t J ul 13 For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 01/12) Page 2 of 11 A ADDITIONAL INFORMATION REQUIRED FOR A SPECIAL EXCEPTION Describe the Special Exception sought: 80; id; n.9 frcides 63/01,e�cfi,r• ei-F -f;G e Aef So., go_2B3 (r-_-) B Are there similar uses in the area? No (Ve5) Yes If yes, briefly describe them: l03e 6,0,iIiuc / ,1 3.. j u ,) / /al A CReech Ce- ns4NCf.Wt - 4106/ .5c--, .9nd J4de . /»i lLtel/ C NA►x(k. 7/,C., 2c3 .5Lv yP nS-f'r /JP7.Je //4X7, x,971 .50 3rd Tecr• Som./1.4_ s.frl4,a,,,'d- 701 re 3no( 5L. too pley 6m, 2nC. /lo M.3 S+h .1-1-, C If a business, briefly describe the nature of the business, number of employees, hours of operation, and any activities to be conducted outside of a building: 13u; lcl;41 6 n4tgcicrs l E: e, and -10 l eSioreJ e, 1 4'' t ertnploy „,,s i rn (44e ay — rr:day v./A) Arm, 6-: Dc pnn , pat s.al. Ac-I, u:�y c.. 4-t d be hoc I,:e5 Lip Ea &t,1 t:rr,`/„,,- in. Arwt and Lrnhvoe. 4nJ fvo1 1_r4,'1-er- i`n p.rry e D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips, and level of service on all adjacent roadway links with and without the project. 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] r ,e/14.) 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. tons pre 31 y trvee7l ft.s CA- UPQci Car to+ SAL.eS • k3 4pp/t.o p ri eeft ld.'e f ccr bud- o-c S ish4 lave' L S rc e. , kcL ap pr tc t= buflddrrj -for au3- o 4 .5, -he. too 4•14.l -p✓' par • itu Pae-tr.tt q • � -F�C2 � ,ju{�{iCi'rr'i� $p•le_ • AauAr ot Oppaw1..`�✓i ct/'e f,.,.l -h.A a rkrt'»t41 $ nky E.Jort,'nj 1.)e-et, 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. eztt ;ae 4-ra.'I -or pn Sift? /” i4ccac, n }: nJ . m e ltt 1 S r eve. lut L r13 -for` ertclw- ed f rxa L S1ve'o j G • a each -� Col-part-3 -(c Inc lru -eel too 4r4,'1W Co/n p)•e Iy -Per 0.4-0- p o c4-.4.0 G:nd Se cue :44 -kr lloVda/s and &1c kencls. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. t k ) e 4 4 l c: pe, l -4 &vn e_ Jane/sap;n J p to n..} 5' .10 View 0-1 14e proper }y rut- et44_rac.idc. Lit hew .4 IN, Irucn h ;n�r Sy ic+ 1c�4 "u,'prieni Sort ii e he Ccns uc;- O+ ce- proper Cenf uc avl i s dolt_ a+ how__ v4,n ver / C L'e It j J ob s'; he. pre IQr 41 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. Um_ nee 4- rc, O. ( Our ,1j.4r:npal 8en,r4+,„, no pp4en+:01 hcAcoc S br' .A bt,G nu:,Yance. or lnud in - 1- tu3iu -e_ noise_ w e v ,` a C.z bitct sir t nw pros e . 01 e i pr f o r and re_ faa, : r o1 _-Ier -, 4 4: ^_ j bt; �ra;le aud S nn O¢- �rcunclS G +4rce�� n�rs - s 5. Demonstrate how the utilities and other service requirements of the use can be met. 00 P M C,x,t•-rP anal tn-e-t-e — FP)- /Ia5' 6,2r ✓Jc. -,. and ►1�e} c�' L' t`l / rv�st� la Cook, e n0,/t m 4- L`a Oaf hc, j,e_ area- re 14 ktol 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. .)kwu_ L tt Uce7 1i 3) 1-e ru ;c- ! rlrt mac}, only /^j p.QtS'&Y i n ice , tool *fa,her- b Ff:e� and Cwt.+rac -i-e►^ )1 1015 -rt.� eavn :n� Gindl JCo4ns �� e,C/ll �U/' �'1a,/ s �+ Jo b s.► e f' 1t kA- d a-� 41st jo b . C1&, haw !/ s / el.' ell f S (Rev 01/12) ?WM/ 5-'c-1S 4ytd Cee dale. ai C� ,)iy'm .er t tX.t✓rrlIerrge 8 f11 i fGC�S Ore Lt4 U011 Y S,14 rted of Coker. -rs hoerK, avol /xiy r -J-S gee 1+3u at t y dimes P `-t``e `4 kj Co ft -" clvr, -cro✓n hoin -e Gwn.er r i+ 17,S U cr y !SOW, a cc, st,n,e. 4v A4-C- FINDINGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION [Sec. 70- 373(c), LDR pages 19 & 201 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: The use is not contrary to the Comprehensive Plan requirements. („Ak LJ LL Z 1 rl C-C)11/2 h i lrrt ne-C• C.)1 a-a p/CL PI liL e/T;- 0,',[`S 2. The use is specifically authorized as a special exception use in the zoning district. t'l 1',d r o p ) i { ri ( t'.1 C � / i c 4 i irktp iy 004A, Le 0,1z, ' 1 titi Cpt-ea P Q oin 7 f - • 3. The use will not have an adverse effect on the public interest. Cep Lp��C. 1,J :1 l /� 1_,:t.--C l e_ te, /lnc,ir - /44 i kt Ci u-uzv U 0h ; 104 aft4vt by • vh V LALAoL et-E. ell PM — It., . ct i oak j91,1.lc 4-n j 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. 0,u_ c.4,� C,, cart-cc jp1 ---0 f d ES C c , c-- yvi,1,04 o 4 th, cc± a. JI (�,,,�- clAc�t-- (i'rit)' tj .9� /c-- pr 64.--1 4_0_1_4 AC a f! e/L 1 c-1- . 17 5. e use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. 00-bite: �.r,<_Q c--7/Ltd 7 L LT tic Cti� 1 lricou tc plc. -e. CG -e--J L4.4.1- ' MO ('tzi+ -�• 4hA-°1 a 'ri l/Me -J teenval ca- c, • 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. EJ,uuut_ 'Cs , tv,,,ce_, cnc j ,3- 1-4 t> tikt C 1c.Q euLQ.e, 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. &)Ok !C@ t -- GG) a .cc t ,l ; Li i�-e-. Uy►,evm,t,�.i) 1 4L-• oft -c(j • 8. The use will not create traffic congestion, flooding or- drainage problems, egr otherwise affect public safety. rift av c yam-- r.cr cno 1,1,,ce- n" ' ( � bL -c i t o f . G& b.,i" n.( ' t Y1 Cc r t'/yyu -7J / Aexmo Oeao -et Z a fd 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)] CiAt _ 0 -; � < /L� dS G' Lk 3 A p,1 pebe c;is ' \ Coe & 14„,,,,,,,4- Jic 2;cQ �� 0-ccCz (Rev 01/12) Page 9 of 11 L -J,`cL Parcel ID Number: 3- 21- 37 -35- 0020 - 02530-0010 Prepared by and retum to: GINGER DURHAM Okee -Tantie Title Company, Inc 105 NW 6th Street Okeechobee, F 34972 FIE NO 3235 2 C' /� 0 } Warrafl Deed This Indenture, Exeen this January Clary 3, 2013 A.D. Between 1 11111111111 11111 MINH 111111111 FILE MUM 2013000200 OR BK 00724 PG 0796 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/04/2013 01:10:27 PM AMT 65,000.00 RECORDING FEES $18.50 DEED DOC $455.00 RECORDED BY M Pinon Pss 0796 - 797; (211as) JANET MAYS, 11REMARRIED WIDOW AND SURVIVING SPOUSE OF WILLARD MAYS, DECEASED, \,,/ whose address is 2679 SE 1831I AVE, OICEFE'CHOBEE, FL 34974, hereinafter called the grantor, to KENNETH R. SPLETE,,ICSINGLE MAN, r _ whose post office address is: P.O. lip 478, OKEECHOBEE, FL 34973, hereinafter called the grantee: (Whenever used herein the term "granlidrs t'grantee' include all the parties to this inurumeot and the heirs, legal representatives and assigns of individuals, and the successors and assrg¢scetporations) Witnesseth, that the grantor, Tar td in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby ac1+LAdged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in sraIiiehobee County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3-21-37-354020-025360(p Subject to covenants, restrictions, easemeiits`tirj'¢) ord and taxes for the current year. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2012. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed sealed and delivg,d in our presence: AY Witness Printed Name Stephen E Burk W'2679 SE 18TH AVE, OKEECHOBEE, FL 34974 (Seal) State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this January 3, 2013, by JANET MAYS, AN UNREMARRIED WIDOW AND SURVIVING SPOUSE OF WILLARD MAYS, DECEASED, who is/are personally known to me or who has produced a drivers license as identification. Book724 /Page796 CFN #2013000200 Notary Public Print Name: Straphen F Rurk My Commission Expires Page 1 of 2 Exhibit "A" FIRST SiI TIoN TO THE CITY OF OKEECHOBEE BEGINNING AT THE SE CORNER OF LOT 8 OF BLOCK )TQWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, E 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN NORTH ALONG THE, AST BOUNDARY OF SAID LOT 8 EXTENDED ACROSS RIGHT -OF -WAY OF FLORIDA EAST COAST,- .:IMIltkiLWAY TO THE SE CORNER OF LOT 1, OF SAID BLOCK 253; THENCE RUN NORTH ALONG THE EAST BOUNDARY OF SAID LOT 1, EXTENDED ACROSS THE RIGHT -OF -WAY OF FLORIDA EAAT COAST RAILWAY TO THE SOUTH BOUNDARY LINE OF SOUTH PARK STREET; THENC {; VN WEST ALONG THE SOUTH BOUNDARY LINE OF SOUTH PARK STREET, 140 FEET; THENCE :4W SOUTH TO THE NW CORNER OF LOT 7 OF SAID BLOCK 253; THENCE RUN SOUTH ALONG-THE WEST BOUNDARY OF SAID LOT 7 TO THE SOUTHWEST CORNER THEREOF; THENCE Rj ,EAST ALONG THE SOUTH BOUNDARY LINE OF LOTS 7 AND 8 OF SAID BLOCK 253,10Q FEET §'O/..�iHE POINT OF BEGINNING. BEING A PART OF LOT 1, ALL OF LOT 7 AND 8 OF BLOCK 253. ��1 PARTS OF RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY, NOW ABANDONED. LESS , EXCEPT THE FOLLOWING: A PORTION OF LOTS 7 AND 8 BLOCK 253 AND A PORTION OFCI `,TIE NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY. ALL PER 1AT OF THE TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED ! FLAT BOOK 2, PAGE 4 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLO J4ND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNE SAID LOT 8, THENCE NORTH 00° 00'00" EAST ALONG THE WEST RIGHT -OF -WAY LINE OF S AVENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET; THENCE NORTH 89° 36'35" WEST A`D NCE OF 99.9FEET TO THE WEST LINE OF AFORESAID LOT 7; THENCE SOUTH 00° 04'42" T ALONG SAID WEST LINE OF LOT 7, A DISTANCE OF 100.00 FEET TO THE SOUTHWEST COR OF SAID LOT 7, BEING MARKED BY A CONCRETE MONUMENT FOUND; THENCE SOUTH* 6" EAST ALONG THE NORTH RIGHT -OF -WAY LINE OF S.E. 2ND STREET(70' IN WIDTH) A DISCE OF 100.05 FEET TO THE AFORESAID SOUTHEST CORNER OF LOT 8 AND THE POINT OF BEGINNING File Number: 32351 Legal Description with Non Homestead Closers Choice Book724 /Page797 CFN #2013000200 Page 2 of 2 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863- 763 -1686 LAND USE POWER OF ATTORNEY Nance of Property Owner(s): J. G nn t j- tl R p We_ Mailing Address: ees O e 736'X' „' Y7 Er ©644) R-- 3 y 773 Home Telephone:5 , ( sa 31 ett921 Work: Cell: Property Address: jug s L S itl Ave_ , OLPechdbe� F'L 311 9'7 11 Parcel ID Number: Name of Applicant: , n ile.# )1 J S' Pi-e Home Telephone: ,6--G 1_ L3 a - aark: Cell: The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE DAY OFajnl,py 20 UNDERSIGNED HAVE SET THEIR Hit AND SEALS THIS y 01 -•`"°P .r, - ..- OWN R T. WITNESS OWNER Before me the undersigned authority acknowledged b- ere m- at they power of attor -y for the pu .ose Notary Public: / personally appeared the owner(s) named are the owner(s) of the real property stated therein. Sworn and subscribed '� SEAL yr WITNESS above who upon being duly sworn described above and that they executed the this day of 20 . .0,0 vua, JEAN E. HAMTMAN r� ... •.' ` MY COMMISSION t EE 094661 * `' EXPIRES: s,y'sernes Bonded thfu WO* g. Commission Expires (Rev 01/12) Page 5 of 11 �.; AEAL ES1A7E SALE AHD CONTRACT 't atistate. ` .fie th out Qkmtrart THIS IS A LEGALLY- BINDING.CONTRACT SLLEK YO A'rrni '•c ADViCE BEFORE SIGNING •: i ,rlt • • t' ! a.ik r r i v c' % S n Vii t ci.trzt r� �/ ��j �j .l f , i 1 t.� S £ / if t- A. ii `1_.�. _ __ - .- Phone. ( *. i.) • • ‘13:1�.. , . 91. ot /. :; ae Seller, and .. ,j , !� f'4 -e b1•e 7 -�5'(7-14e...,---1. 7 ie : ' • e :CC'^'? le-- ' SO t2 • • •of l r °.,' :60) • Agir Oge: 1! PO73 . Phone(: e() 67,Z AI t. , as Buyer. hereby agree that the Seller :hall sell and the Buyer shall buy the following described property UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, which shall include the STANDARDS FOR,REAL ESTATE TRANSACTIONS set forth on reverse side of this contract. 1. LEGAL DESCIfjPTION real estate located in lie Co ��ti°� County, S t a t e o f ff t ®r 1 . ' `rc2rC' 1 : 3.-At --3 7 -35----6 Oa ,S-30-66160 RAMCO FOi M 1 a • Personal property included: jj� - • ( (( rr 11 la-+61 G �t e4/3- Fd 1`�' . � LC• ( 1 : • f . ^i'b�c.4c�1 �to rQq € ( d 1 ee X11 COY' Street Address:. . 2. PURCHASE. PRICE: J •)e i �� t! `j 9 t.t 5 ct t( ¢ .74e • Method of Payment: (a) Deposit to be held in trust by ©,(re° e - 'cut i` f e' I 'L (b) . Approximate principal balance of first mortgage to which conveyance shall be subject, (f any, Mortgage holder: Interest % per annum: Method of payment . (c) Other . . S (d) . - -Cash, certified or local cashier's check on closing and delivery of deed (or such greater or lesser amount ' as may be necessary to complete•payment of purchase price after credits, adjustments and proration): .$ .5 /-� O d 16g • TOTAL $ In � 4 6 6. e) e) • .3. • TIME FOR ACCEPTANCE: If this contract is not. executed by .the Seller and Buyer on or before , the aforesaid deposit shall be , at the option of the Buyer, returned• to him and 'this agreement shall be null and void The date of contract, for purposes of performance, shall be regarded as the date when the last one of the Seller and Buyer has signed this contract 4. CLOSING DATE; This contract 'shall be closed and the deed and .possession shall be delivered on or before the • ! day of a _: n a t' ' , . r�C 6 1.3 , unless extended by other provisions of this contract. 5. PRORATIONS: Tares, i wrance:" tterest, rents and other expenses and revenue of said property shall be prorated as of the date of closing. 6. EVIDENCE OF TITLE: (Check 0 (1) or % (2) Within days from the date •of this. contract, the Seller shall, at his expense, deliver to the Buyer or his attorney in . accordance with Standard A on reverse side either 11) Abstract of (2) Tittle Guarantee. 7. CONVEYANCE: Seller shalt convey title to the aforesaid property to the Buyer by warranty deed subject to matters contained in this contract and .taxes for the year of•closing. . S. RESTRICTIONS, EASEMENTS, LIMITATIONS: Buyer shall take title .subject to: (a) Zoning, restrictions, prohibitions, and requirements imposed.by governmental .authority, (b) Restrictions and matters appearing on the plat or common to the subdivision, (c) Public utility easements of record provided said easement: are located on 'the side or rear lines property. (d) Taxes for year of 'closing, assumed mortgages, and purchase money mortgages,-11 any, (e) Other • m e e6 ryt. Seller warrants that there shall be no violations of building or zoning codes at the •tirne.of c losing. • 9. DEFAULT BY BUYER: if Buyer foils to perform any of the covenants-of this coniract, all money paid as an initial earnest money deposit pursuant to this contract by Buyer as aforesaid, shall be retained by or for the account of the Seller as agreed upon and as liquidated damages and as consideration for execution of this contact, or at the option of Seller, Seller may seek to enforce this contract by specific. performance. • Should the deposit(s) be retained by Seller and there be a Broker-involved In the contract, Seller and Broker agree to equally divide the retained deposit except the Broker's share shall not exceed. the full commission. - 10. DEFAULT BY SELLER: tf the Seller falls to perform any of the covenants of this contract, the aforesaid money paid by the Buyer, at the option of the Buyer, shall. be returned to the Buyer on demand; or the Buyer shall have only the right of specjllc performance. 11. TYPEWRITTEN OR HANDWRITTEN• PROVISIONS: Typewritten or handwritten provisions inserted in this form shall control all printed •provisions in conflict therewith. . 12. OTHER AGREEMENTS: Na agreements or representations; unless incorporated in this contraci shall be binding upon any of the parries. • 13. SPECIAL CLAUSES: • . ' 5f 660 L)a Dollars. • 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 Cl ) L3 , and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. NJPI- )1 l4 C. xip Signature of Applicant 1 therefore attest to this Iterm X)1 SSpie ji' Name of Applicant (printed or typed) State of Florida County of Okeechobee 1/1,3 Date day of Sworn to and subscribed before me this t/ day of JA)/4,7p , cic7,3 . rsonally know to me or produced as identification and did not take an oath. Notar State of Florida (Rev 01/12) Seal: s' .PUe1k, JEAN E 094861 . . to OOMMISSION EXPIRES: August 17, 2013 ScoiedlliuBudgettidart Sento Page 3 of 11 3- 21- 37 -35- 0020 - 02530 -0010 PIN OWNER NAME ADDRESS 1 ADDRESS 2 ADDRESS 3 CITY ST; ZIPCODE 3- 15- 37 -35- 0010 - 01500 -0070 OKEELAND LLC 5205 BABCOCK STREET NE PALM BAY FL 32905 3- 15- 37 -35- 0010 - 01510 -0040 FRANCHISE REALTY %MCDONALD'S CORPORATION COLUMBUS ACCOUNTING PO BOX 182571 CENTER COLUMBUS OH 432182571 3- 15- 37 -35- 0010 - 01510 -0110 GLADES PARTS COMPANY INC PO BOX 2260 BELLE GLADE FL ! 334303433 3- 15- 37 -35- 0010 - 01710 -0080 55 SE 3RD AVENUE OKEECHOBEE FL . 349742903 3- 15- 37 -35- 0010 - 01710 -0100 WAFH OF OKEECHOBEE INC 1403 NW AVENUE A BELLE GLADE FL 334302865 3- 15- 37 -35- 0010 - 01710 -010A CITY„ - -(4-o� n "EEC; ; ;BED 55 SE 3RD AVENUE OKEECHOBEE FL , 349742903 3- 15- 37 -35- 0010 - 01710 -0110 WALZ OKEE LLC 915 MALL RING ROAD SEBRING FL 33870 3- 15- 37 -35- 0010 - 01710 -0120 SUPER STOP PETROLEUM INC 4800 N FEDERAL HWY STE 200E-1 BOCA RATON FL 334313415 3- 21- 37 -35- 0020 - 02520 -00P0 FLORIDA POWER & LIGHT CO ATTN PROPERTY TAX - PSX/JB 700 UNIVERSE BLVD JUNO BEACH FL 33408 3- 21- 37 -35- 0020 - 02520 -00Q0 HAMRICK SARAH REGINA TRUSTEE t BOX 837 OKEECHOBEE FL 349730837 3- 21- 37 -35- 0020 - 02520 -00S0 Fl nRUL4 PnWFR R 11GHT COMPANY PROPERTY TAX - PSX/JB 700 UNIVERSE BLVD JUNO BEACH FL 33408 SPI FTF KFNNFTH R 3- 21- 37 -35- 0020 - 02530 -0010 P O BOX 2478 OKEECHOBEE FL 349732478 3- 21- 37 -35- 0020 - 02530 -0020 AMERICAN LEGION POST 64 501 SE 2ND STREET OKEECHOBEE FL 349740000 3- 21- 37 -35- 0020 - 02530 -0070 IGLESIA ENCUENTRO CON DIOS DE A/G INC PO BOX 2311 OKEECHOBEE FL 349730000 3- 21- 37 -35- 0020 - 02540 -0010 NORMAN CHARLES K 414 SE 2ND STREET OKEECHOBEE FL 349740000 3- 21- 37 -35- 0020 - 02540 -0030 WILLIAMS BERTHA L C/0 DODD WILLIAMS P 0 BOX 492 OKEECHOBEE FL 349730000 3- 21- 37 -35- 0020 - 02540 -0040 501 SE 2ND ST OKEECHOBEE 1FL 349740000 KIRTON SCOTT C 3- 22- 37 -35- 0010 - 00000 -0010 202 SE 6TH AVENUE 1 OKEECHOBEE FL 34974 3- 22- 37 -35- 0010 - 00000 -0050 GJC PROPERTIES INC PO BOX 670 OKEECHOBEE FL 349730670 3- 22- 37 -35- 0010 - 00000 -0060 LONGORIA GONZALO & FRANCISCA 205 SE 5TH AVE OKEECHOBEE FL 34974 5 1! f NE 5TH AVE SE 5TH AVE 3- 21- 87 -35- 0020 -0253 0070 IGLESIA ENCUENTRO CO DIOS DE NG INC PO BOX 23110KEECH BEE FL349730000 LOT 6 1.278 AC (PLAT, LOT 5 .279 AC (PLAT; LOT 1 0.279 AC (PLA" OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT Legend SUBJECT PROPERTY WITHIN 100' P 2 171 SE PARK ST 1 4 2 SE 3RD AVE 8 9 i2 10 11 12 A NE 4TH AVE 7 8 9 .A 7I 10 11 12 1 3- 15-37- 0010- 01710 -0100 WAFH O EECHOBEE INC 140 N AVENUE A BELLE GLADE FL334302665 6 5 3- 21 -37 -35 -0020 - 02530 -0020 AMERICAN LEGION POST 64 501 SE 2ND STREET OKEECHOBEE 203 FL349740000 253 6 5 4 3 2 1 410 1 inch. 15011.1 SE 2ND ST 6 5 4 3 2 254 SURROUNDING PROPERTY OWNERS 3- 32- 37 -35- 0020 - 02530 -0010 W.C. "BILL" SHERMAN, PROPERTY APPRAISER 7 8 9 10 SR 70 E 11 12 3-21-37-35-0020-02520-00P0 FLORIDA POWER & LIGHT CO ATTN PROPERTY TAX- PSX /JB 700 UNIVERSE BLVDJUNO BEACH FL33408 252 FLORIDA POWER & LIGHT COMPANY PROPERTY TAX - PSX/JB 700 UNIVERSE BLVDJUNO BEACH LOT 2 0.279 AC (PLA NE 6TH AVE 7 8 9 (02520 -OOA (02520 -00A1) A B C D 252 MAT 712013 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTI t>FeO: RMA 10 AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON DESCRIPTION: A PORTION OF OF LOTS 1 AND 7 IN BLOCK 253 AND A PORTION OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY, ALL PER THE OKEECHOBEE COMPANY, PLAT OF BLOCKS 252, 253 AND 254, ACCORDING TO 7HE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PAR71CULARL Y DESCRIBED AS FOLLOWS: COMMENCE A T THE SOUTHEAST CORNER OF LOT 8, OF SAID BLOCK 253; THENCE NORTH 0000'00" WEST ALONG THE WEST RIGHT -OF -WAY LINE OF SE 57H AVENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF 77-/A T CERTAIN PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK (0. R. B.) 445, PAGE 1931, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING,: THENCE CONTINUE NORTH 00'00'00" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 201232 FEET TO 7HE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NOW ABANDONED SOUTH PARK STREET (70' IN WID774); THENCE NOR774 8958'45" WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF _99.98 FEET, THENCE SOUTH 00'00'14" WEST, A DISTANCE OF 20 7._FEET TO 774E SOUTHEAST CORNER OF SAID O.R.B. 445, PAGE 1931; THENCE NORTH 8959'34" EAST ALONG THE NOR774 BOUNDARY LINE OF SAID O.R.B. 445, PAGE 1931, A DISTANCE OF 99 .99 FEET TO THE POINT OF BEGINNING. BOUNDARY SURVEY PREPARED FOR BOWLINE CONSTRUCTION PROJECT SPECIFIC NOTES: 1) THE DESCRIPTION SHOWN HEREON WAS PREPARED BY SURVEYOR. 2) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE CALCULATED(C) AND MEASURED(M). 3) Sl7E ADDRESS: 108 SE 5774 AVENUE. 4) PARCEL ID: 3- 21- 37 -35- 0020 -02530 -0010. 5) F.1. R. M. ZONE: ZONE UNDE7ERM /NED, PARCEL LIES 1417H/N THE OKEECHOBEE CITY LIMITS. 6) THIS SURVEY IS NOT INTENDED TO DEPICT JURISD/C770NAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 7) SURVEYOR WAS NOT PROVIDED WITH ANY 77TLE INFORMA 77074 FOR THIS PARCEL. SURVEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, IF ANY THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS 7HA T EFFECT TH /S PARCEL. 8) 174E SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED 1417HOUT WRITTEN CONSENT OF 774E SIGNING PARTY OR PAR77ES. 9) DATE OF LAST FIELD SURVEY: 01/10/2013. [�nL°3`'l SCALE IN FEET MAP SCALE: 1 INCH = 40 FEET INTENDED DISPLAY SCALE SOUTH PARK STREET 70' R/W (ABANDONED) 5 R/W OF S. PARK Sr. U71L/TY POLE FENCE CORNER 1.0' S. & 2.5' EAST COAST RAILWAY 100' R/W - (ABANDONED) 9. S. R/W OF N PARK ST. FOUND 5/8" IRON ROO & CAP "LB 1705" U77L/TY POLE SET 5/8" IRON ROO & FOUND 5/8" IRON ROD CAP KAB LS 4820" & CAP 28 1705" N 89 '58 45 " W 99.98' FE E CORNER r . q _ 16'5. &0.5'W SHED 19.4' iN LOT 1 BLOCK 253 FLORIDA EAST COAST RAILWAY R/W (ABANDONED) NW CORNER OF O R BOOK 445, PG 1931 SET 5/8" IRON R00 & CAP "CAB LS 4820" FOUND 5/8' IRON ROD & C P "HOOVER 4276" 0 7' N. LOT 6 BLOCK 253 170.3 o lw c0V ry CONC /0.0' L _20 D'_ J 23.8' 10.2' COV hI L. CONC N N 200' 10 0' CONCRETE 1?� 0 0 L FLORIDA EAST COAST RAILWAY 100' R/W (ABANDONED) GRAVEL AREA TOTAL PARCEL CONTAINS ±0.46 ACRES 11.9' 1 t 11.6 12.3' 12.6 34' r 1 • coy Q CONC L — 20.0'— J 22.9' i e G r cot/ CONC I- L _20.0'_ J 23.0' CONCRETE NE CORNER OF LOT 1 BLOCK 253 LOT 1 BLOCK 253 GRAVEL AREA SE CORNER OF LOT 1 BLOCK 253 FLORIDA EAST COAST RAILWAY R/W — (ABANDONED) ONCRE7E FENCE CORNER 09'5 & 6.4'W 5 0' l� 89 59'34 " E 99.99' FENCE CORN E' \ P.O.B. 02' 5 & 0 8' E \ NE CORNER OF 0 R. 445, PC 1931 N. LINE OF LOT 7 LOT 7 BLOCK 253 PROJECT SPECIAL LEGEND; CONC = CONCRETE COV = COVERED lD.R. = OFFICIAL RECORDS _ TYP = TYPICAL FOUND 5/8" IRON ROD CAP 'HOOVER 4276" 1 749 ti 3 0 r!, 3 0 00 LOT 8 BLOCK 253 �o\ P.O.C. SE CORNER OF O.R. 445, PG 1931 SE CORNER OF LOT 8, BLOCK 253 I FOUND 5/8" IRON ROD 1 & CAP "HOOVER 4276" ONE PEDESTAL Iu CONC UTILITY POLE ANCHO UTILITY POLE L3 00 W4/ 2 2 vi U EDGE OE ASPHALT STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and /or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: BOWLINE CONSTRUCTION DESCRIPTION DWG. DATE BY CK BOUNDARY SURVEY 01/17/13 WC K AB FB /PG: 283/49 -57 SCALE: 1" = 40' BEARING REFERENCE: THE W. R/W OF SE 5TH AVE IS TAKEN TO BEAR N 00'00'00" W FILE: 27001 JOB NO: 27001 TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763- -2887 Fax: (863) 763 -4342 Email: kab.twps @yahoo.com Kenneth A. Breaux, Jr. (PSM 4820) LEGEND 0 —Set Iron Rod and Cap "KAB LS 4820" •—Found CM 0—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS Et= Baseline; BM= Benchmark; C=Centerline; C= Calculated; CATV =Cable TV; CM= Concrete Monument; CONC= Concrete; D =Deed; 5 =Delta or Central Angle; E =East; E'LY= Easterly; E/P =Edge of Pavement; ESMT= Easement; F.I.R.M. =flood Insurance Rate Map; END= Found, IP =Iron Pipe; IR &(C) =Iron Rod (and ID Cap); L =(Arc) Length; M.-Measured; MH= Manhole; N= North; N'LY= Northerly; NGV(D)= National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wires; f ?= Property Line; P =Plat; PC =Point of Curvature; PCC =Point of Compound Curvature; PCP= Permanent Control Point; POB =Point of Beginning; POC =Point of Commencement; PRC =Point of Reverse Curvature; PRM= Permanent Reference Monument; PT =Point of Tangency; PU &D= Public Utilitiy and Drainage; R= Radius; R /W= Right —of —Way; S= South; S'LY= Southerly; T= Tangent; TEL = Telephone Splice or Switch Box; W =West; W'LY= Westerly; UTIL= Utility(ies); )" =Spot Elevation based on indicated Datum. D_SearchResults Okeechobee County Property Appraiser CAMA updated: 12/6/2012 Parcel: 3-21-37-35-0020-02530-0010 [ « Next Lower Parcel J Next Higher Parcel » Owner & Property Info Owner's Name MAYS JANET Site Address 108 SE 5TH AVE, OKEECHOBEE Mailing 2679 SE 18TH TER Address OKEECHOBEE, FL 349740000 $18,084.00 1ST ADDITION TO CITY OF OKEECHOBEE BEGINNING AT cnt: (9) THE SE CORNER OF LOT 8 OF BLOCK 253, TOWN OF Total Appraised Value OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS Description OF OKEECHOBEE COUNTY, FLORIDA, AND RUN NORTH ALONG THE EAST BOUNDARY OF SAID LOT 8 EXTENDED ACROSS RIGHT -OF -WAY OF FLORIDA EAST COAST RAILWAY TO THE SE CORNER OF LOT 1, OF SAID BLOCK 253; THENCE RUN NORTH ALONG THE EAST B ...more »> NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.452 ACRES SIT /R 21 -37- 35 Neighborhood 518650.00 Tax District 50 DOR Use Code VEH SALE /R (002700) 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) $43,182.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $18,084.00 XFOB Value cnt: (9) $15,809.00 Total Appraised Value $77,075.00 Sales History Page 1 of 2 2012 Certified Values l Parcel List Generator l 2012 TRIM (pdf) GIS Aerial IRetrieve Tax Record Property Card [ Interactive GIS Map Print Search Result: 1 of 1 2012 Certified Values Just Value $77,075.00 Class Value $o.00 Assessed Value $77,075.00 Exempt Value $0.00 Total Taxable Value $77,075.00 Show Similar Sales within 1/2 mile Fill out Sales Questionnaire Sale Date Book/Page inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/1/1972 143/201 MH OFFICE (004903) V Q 960 $0.00 Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value Show Sketch 1 MH OFFICE (004903) 2001 480 960 $18,084.00 Extra Features & Out Buildings - ( Show Codes Code Desc Year Bit Value Units Dims Condition (% Good) OFA OPN FLR MT 2001 $2,448.00 0000360.000 18 x 20 x 0 PD (085.00) http://www.okeechobeepa.com/GIS/D Searc hRe sults. asp 12/10/2012 D_SearchResults Page 2 of 2 OFA OPN FLR MT 2001 $2,720.00 0000400.000 20 x 20 x 0 PD (085.00) LWQ1 LGHT W QRZ 2001 $225.00 0000001.000 0 x 0 x 0 PD (075.00) AFA W4 MTL FLR MT 1990 $1,630.00 0000240.000 20 x 12 x 0 PD (050.00) CONC B COM SLB WL 2001 $388.00 0000200.000 10 x 20 x 0 PD (085.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067EP3 SIDE STREE (MKT) 0000199.920 FF - (0000000.452AC) 1.00 /1.00 /1.00 /1.00 $216.00 $43,182.00 Okeechobee County Property Appraiser Search Result: 1 of 1 CAMA updated: 12/6/2012 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I FAO I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely fo governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of t property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use. or it Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purpo Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a put request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Powered by: 3rizzlyLogic.com -C) Copyright 2001 © All Rights Reserved - Okeechobee County Property Appraiser "Buk ldvi Tr-a.ies eon JO_Ot-n r+rnan 64 (o34- 4 -g1-14o C8C i c ce.tist_ to/ 54 - http:// www. okeechobeepa .com /GIS/D_SearchResults.asp 12/10/2012 April 4, 2013 Mr, Kenneth R. Splete PO Box 2478 Okeechobee, FL 34973 Dear Mr. Splete: CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863 - 763 -3372 FAX 863 - 763 -1686 VIA EMAIL uction@gmail.com Re: 13- 002 -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 an outdoor sales and storage, building trades contractor within a Heavy Commercial (CHV) Zoning District (Ref. Sec. 90 -283 (5)). 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 outdoor sales and storage, building trades contractor. Kim Barnes can assist you with this, her contact information is, 863 - 763 -3372 ext. 222 or barnesfa cityofokeechobee,come 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 outdoor sales and storage, building trades contractor 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, 11 )� .-' r Patty M. Bumette General Services Coordinator Attachment 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 BURROUGHS -YEA BAUGHMAN -YEA BRASS• ABSENT KELLER - YEA MCCOY - YEA RITTER - YEA CREASMAN • N/A MCCREARY - YEA MOTION CARRIED. Petition No, 13-002-SE, was submitted by property owner, Kenneth R. Splete for a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights -of -way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres and located at 108 Southeast 5t° 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 comer, 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. AGENDA V. PUBLIC HEARING (QUASI- JUDICIAL) CONTINUED. B. 2. Hear from the property owner or designee /agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 5 OF 9 ACTION - DISCUSSION - VOTE Ms. Jean Hartman, Office Manager for Bowline Construction, who will be leasing the property from Mr. Splete, was present and addressed the Board by explaining there would be no heavy equipment stored on the property, for the most part, the tool trailers would stay at the job sites, and approximately two or three vehicles would be on the property during office hours. Mr. Splete asked that she convey that they would be planting hedges along the chain link fence, as well as plants and flowers around the construction trailer for beautification, assessing at least three of the security lights, and should the Special Exception be granted, they intended to eventually close in the sheds to park the tool trailers to hide them from public view. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There were none. Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as it is designated Commercial on the Future Land Map and envisions a wide variety of Commercial uses under which a building trades contractor falls. The use is authorized as a Special Exception in the Heavy Commercial Zoning District per Section 90- 283 (5). The use will not have an adverse effect on the public interest as it will not significantly differ from those associated with the former use of the property. The use is appropriate for the location as the property is located within the proposed Commercial Corridor. Assuming there is no outdoor storage of construction vehicles or construction materials, the use will be reasonably compatible with the nearby church, Iglesia Encuentro Con Dios de A/G Inc., the American Legion, and surrounding restaurant uses. The use is not detrimental to urbanizing land use pattems as the requested Special Exception is compatible in this area. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. Less vehicular traffic should be attracted with this use as compared to the former approved auto sales lot. No additional landscaping or screening is necessary to buffer the use from adjacent uses assuming there will be no outdoor storage of construction vehicles or materials. Density is not an issue with a commercial use and no increase in commercial intensity is envisioned. The use will not create traffic congestion nor will traffic safety be compromised by location of the building trades contractor on the site. Drainage will remain essentially the same as previous since there is no physical change to the structure or other improvements on the property. VI. PUBLIC HEARING (QUASI - JUDICIAL) CONTINUED. 5. a) Consideration of a motion to approve or deny Petition No, 13-002 - SE, b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council - Senior Planner (Exhibit 3, Attachment A). FEBRUARY 21, 2013 • PLANNING BOARD - PAGE 6 OF 9 ACTION - DISCUSSION • VOTE Board Member Burroughs moved to approve Petition No. 13-002-SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District and located at 108 SE 5ih 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 Repiat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres; seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. Board Member Ritter suggested they consider Florida friendly landscaping and Chairperson Hoover expressed her appreciation for the landscaping. VOTE HOOVER -YEA MCCOY -YEA BURROUGHS -YEA BAUGHMAN -YEA BRASS - ABSENT KELLER•YEA RITTER • YEA CREASMAN • N/A MCCREARY • YEA MOTION CARRIED. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 01 P.M. Planner Brisson explained that the City Council adopted five of the 21 mapping conflicts on October 16, 2012. The remaining 16 were referred back to the Planning Board, due to the number of property owners who expressed concerns over changing the zoning from Holding that have an existing light agriculture use. The Council requested the Board consider adopting a Holding Zoning District again, using the 1978 regulations as a guideline. Should the Planning Board agree that it should be adopted, then the Future Land Use (FLU) Element will need to be amended to address which FLU designations should allow the Holding Zoning, which then allows light agricultural uses. The Board briefly discussed whether "Holding" should be named something else such as Light Agricultural, but decided that would be too confusing. Discussion ensued regarding the larger unplatted parcels that currently have agricultural use, Holding Zoning and different FLU designations such as Single Family, Multi- Family, and Industrial. These proposed amendments, together with the LDR amendments being considered in Item B, would solve their mapping conflict problems, However, Board Member McCreary was concerned that the recommended changes as presented in Exhibits three and four would cause owners who already have Residential Single Family -One, Residential Multiple Family, Residential Mobile Home, and Industrial Zoning and either have a current light agricultural use or want to have it in the future, would now need to rezone to their property Holding in order to use it for light agriculture purposes. INDEPENDENT aiiimi NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 .IN''77 "th S(Yeel, Suite U, 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 'weeks P er News P a P' 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, . 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 afiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement fo - . blication in the said newspaper. Tom Byrd Sworn to and subscribed before me this'. day of Notary Public, State of Florida at Large sue'''* MY COMM SSIONR * EEE 177653 a EXPIRES: April 20, 2016 p t,, '`' Bonded Thru Notary Public Underwriters (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the City of Okeechobee Board of Adjustment and Appeals on Thursday, February 1, 2013 t 6:00 p.m. or as soon thereafter as . ble, at CI Hall, 55SE 3rd Ave Council Cham- bers, Rrn 200, Okeecho' Florida. The agenda is available on the City webske www.dtyofokeechobee.com, or contact the General Services De- partment, pbumette@cityofokeechobee.com, 863 -763 -3372 x 218. Under consideration is Special Extepbon Petition No. 13 -002 -SE, submit- ted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial (CHV) Zoning District, ref. Code Book Section 90- 283(5). The proposed use is for a gener- al contractor's office, with tool and equipment storage. Propert/ N fixated 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, Okeecho- bee County public records. Being more particularly described as: commence at the SE comer of tot 8 of said Block 253, rue North 100 feet along the West boundary of SE 5th Avenue (70' wide) to the SE comer of that certain parcel of land recorded In OR BK 445, PG 1931, Okeechobee County public records, and as the Point-of-Beginning, then continue North 200.32 feet along said West ROW line to the South boundary line of abandoned East South Park Street (70' wide); then run West 99.98 feet along said South ROW line; then run South 200.37 feet W the NW comer of said OR BK 445, PG 1931; then run East 99.99 feet along the North boundary line said OR BK 445, PG 1931 to the POB, containing approximately 0.46 acres. All members of the public are encouraged -to attend and participate In said Hearing. The entire petition may be Thspecbed during regular business hours, The Board Adjustment and cApppeals holidays. serves the decision making body (quasi - judicial), on behalf of the City, to approve or deny Spedal Exceptions. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment and Appeals with re- spect to any matter considered at this meeting, or hearing will need to en- sure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are used for the sole purpose of back-up for the depart- ment In accordganscpe with the Americans with Disabilities Act (ADA) of 1990 should d contactnthe Geeneral Services Offtce at 863-7763- 372 in for this assistanc�e.� by: Brian Whitehall, Zoning Administrator Petition No. 13- 002 -SE 436047 ON 2/3,13/20I3 Client: 161381 CITY OF OKEECHOBEE Phone: (863) 763 -3372 Ext: 0000 Address: 55 SE 3RD AVE Attn: Melisa OKEECHOBEE, FL 34974 Ad # 436047 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. $240.30 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 i5 Special Exception Petition No. 13-002 -SE, submit- ted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial (CHV) Zoning District, ref. Code Book Section 90- 283(5). The proposed use 15 for a gener- al 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, Okeecho- bee County public records. Being more particularly described as: commence at the SE corner of Lot 8 of said Block 253, run North 100 feet along the West boundary of SE 5th Avenue (70' wide) to the SE corner of that certain parcel of land recorded in OR BK 445, PG 1931, Okeechobee County public records, and as the Point-of-Beginning, then continue North 200.32 feet along said West ROW lone to the South boundary line of abandoned East South Park Street (70' wide); then run West 99.98 feet along said South ROW line; then run South 200.37 feet to the NW corner of said OR BK 445, PG 1931; then run East 99.99 feet along the North boundary line said OR BK 445, PG 1931 to the P08, containing approximately 0.46 acres. All members of the public are encouraged to attend and participate in said Hearing. The entire petition may be inspected during regular business hours, Mon -Fri, 8am-4:30pm, except for holidays. The Board of Adjustment and Appeals serves as the decision making body (quasi-judicial), on behalf of the City, to approve or deny Special Exceptions. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of Adjustment and Appeals with re- spect to any matter considered at this meeting, or hearing will need to en- sure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are used for the sole purpose of back -up for the depart- ment. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate m this proceeding should contact the General Services Office at 863- 763 -3372 for assistance. by: Brian Whitehall, Zoning Administrator Petition No. 13- 002 -SE 436047 ON 2/3,13/2013 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 c .i:v ofok&ech_ Ey..u}Y or contact Board Secretary Patty Burnette. 863- 763 -3372 ext 218, pbu nette()cityofoke c l °.t i . aom 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 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Kenneth R. Splete Petition No.: 13- 002 -SE Planning r1 Nlanal;emenl Services. Inc. 13'S I .11.l.nnn ?trvet luitc 21 t(+ i.c.11 Myra, nunJa iit VkN. Serving l'luricia Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number Email Address Future Land Use Map Classification Zoning District Use of Property Acreage Kenneth R. Splete P.O. Box 2478 Okeechobee, FL 34973 108 SE 5th Avenue Kenneth Splete or Jeffrey Sheffield (proposed renter) 863 - 634 -4846 bowlineconstruction @gmail.com Existing Commercial CHV, Heavy Commercial Unoccupied , former outdoor vehicle sales lot 0.452 Proposed Commercial CHV, Heavy Commercial Building trades contractor's office with outdoor storage 0.452 Legal Description of Property Location: 108 SE 5th Avenue, Okeechobee, FL Parcel Identification Number: 3- 21- 37 -35- 0020 - 02530 -0010 A PORTION OF LOTS 1 AND 7 IN BLOCK 253 AND A PORTION OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT -OF -WAY, ALL PER THE OKEECHOBEE COMPANY PLAT OF BLOCKS 252, 253, AND 254, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 8, OF SAID BLOCK 253; THENCE NORTH 00'00'00" WEST ALONG THE WEST RIGHT -OF -WAY LINE OF SE 5TH A VENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK (O.R.B.) 445, PAGE 1931, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'00'00" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 200.32 .Nvresng timid 1 cal t:urern"acntz Saxe 198n Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NOW ABANDONED SOUTH PARK STREET (70' IN WIDTH); THENCE NORTH 89'58'45" WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 99.98 FEET; THENCE SOUTH 00'00'14" WEST, A DISTANCE OF 200.37 FEET TO THE SOUTHEAST CORNER OF SAID O.R.B. 445, PAGE 1931; THENCE NORTH 89'59'34" EAST ALONG THE NORTH BOUNDARY LINE OF SAID OR.B. 445, PAGE 1931, A DISTANCE OF 99.99 FEET TO THE POIN T OF BEGINNING. Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a building trades contractor's office with outdoor storage on a lot of about 20,000 square feet (0.46 acre) zoned CHV. The property had previously been a used vehicle sales lot. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CHV, Heavy Commercial. The site is improved with a mobile home with a covered porch area which will presumably be used as the office. There are also four metal carport structures and what appears to be a storage shed. The property will be rented and operated as a building contractor's office with outside storage. There will be from four to six employees and the business will operate Monday through Friday between the hours of 8:00 AM and 5:00 PM. Outside activities will include connecting the tool trailer in the morning and unhooking it in the evening. It would appear that commercial vehicles will be parked on site overnight, presumably in the carports and other materials will be stored in the shed. Adjacent FLUM Classification, Zoning District, and Existing Land Use North East Future Land Use Map Zoning District Existing Land Use Future Land Use Classification Zoning District Existing Land Use Commercial CHV Strip retail center Single- Family CHV Wendy's Restaurant and FPL Substation Svrvm ; c■O\rrtinumts N111( . 198h Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13-002-SE South Future Land Use Classification Zoning District Existing Land Use West Future Land Use Classification Zoning District Existing Land Use Commercial CHV & RSF -1 Church and Vacant Commercial RMF American Legion Consistency with Land Development Regulations Section 70- 373(b) requires that the Applicant address the following standards for granting a Special Exception, during his /her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Was previously used as a used car lot sales. Has appropriate building for out of sight tool storage. Has appropriate building for out of sight tool trailer parking. Has sufficient parking. Has sufficient office space. Hours of operation are within a normal 5 day working week." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "Office trailer on site for accounting. Metal storage building for enclosed tool storage. Attached carports for enclosed tool trailer parking completely fenced for theft protection and security for holidays and weekends." We agree. Except for the shed in the northwest corner, all structures were placed /built on the site in 2001. The shed was built in 1990 and is slightly nonconforming with respect to the rear setback. The parking of the tool trailer in the carports and use of the storage shed for tool storage are Syrvittg Flutid. L. 11 Gokernmrnts since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (3) compatible with the surrounding uses. Recognizing that there will be a relatively insignificant level of activity on the site, we see no need for any specific design efforts. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "We anticipate some landscaping plants to make the view of the property more attractive. We have no machinery or free standing equipment as eyesore. We will not construct on office property. Construction is done at homeowner /client /job site property." We agree. The building in which the business will operate was previously only used as business office associated with the sale of used cars. The only difference in the proposed use of the property from its previous use as a used car sales operation is the parking of the tool trailer in the carport(s) rather than parking or display of cars. Assuming there will be no outdoor storage of construction vehicles or construction materials no additional landscaping or screening is necessary. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. (5) "The nature of our business generates no potential hazards or public nuisance or loud intrusive noise. We will actually improve the view of the property and repair deteri- orating buildings, trailer and sheds, and maintain the grounds' attractiveness." We agree, assuming there will be no outside storage of construction materials or chemicals, we foresee no potential hazards associated with the proposed use as proposed for this location. Demonstrate how the utilities and other service requirements of the use can be met. "OUA has water and meter. FPL has service and meter. City sewage /waste is code. Waste Management is garbage area related." We are unaware of any problems with utility services to the site in the past, and would not expect the contractor's office to place any greater demand on public services than the previous used car sales operation. Sc11tng Murk r"t..11 G4,tcrnntcmti ynty I9nx Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There will be very little traffic impact. Only accounting person in office and contractor himself coming and going to office. Tool trailer stays at jobsite till the end of the job. Customers /clients call for proposals and they are done at customer's home. Contracts are usually signed at customer's home and payments are usually picked by the contractor ..." A contractor's office would normally be expected to generate less vehicular traffic than a used car sales operation, primarily because auto sales is a retail type of operation intended to attract customer to the site. A building trades contractor office is not expected to attract customers to site except to a relatively minor extent. The parking requirement for offices is one space per 300 square feet of floor area. Therefore, two spaces are required. The site has the equivalent of eight spaces in the four carports with some additional parking available in front of the mobile home office. Section 70- 373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "We will be in compliance with all Plan requirements." We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses and a building trades contractor falls within this category of uses. (2) The use is specifically authorized as a special exception use in the zoning district. "This property is already barely over 6 months of special exception zoning." We agree. §90- 283(5) specifically lists "Outdoor sales and storage, building trades contractor" as a special exception use in the CHV District . Scrum} Flarida 1.c31 c:”nernmvms'snit. 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (3) The use will not have an adverse effect on the public interest. "There will be little to none in the difference in activity in the property. Only used as office - have adequate parking." We agree. The use, its operation and impacts will not significantly differ from those associated with the former use of the property and will have no adverse impact upon the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. (5) "The use is office personnel and is appropriate for proposed location and just over six months from exception rule as a car lot." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor, an area that is primarily envisioned for commercial uses. Assuming there is no outdoor storage of construction vehicles (e.g., backhoes, bulldozers, cranes, etc.) or construction materials, the use will be reasonably compatible with the nearby church, American Legion, and retail and restaurant uses. The land use pattern in this area is compatible with the requested special exception use. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "Office use only. Less traffic and noise [compared] to the last use. No more than a normal business use." The location of a building trades contractor on the site, particularly as described, should have no impact that would be expected to adversely affect property values or living conditions in the area. Its characteristics are much like those of the former approved used auto sales except for the parking of the tool trailer on occasion and the fact that less vehicular traffic should be attracted. .St. tn>! FEnrida 1.0(a1 60A ernownt s sink 19Hh Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "There is no nuisance or hazards but we will comply to the general rule." We agree. The building in which the business will operate was previously only used as business office associated with the sale of used cars. The only difference in the proposed use of the property from its previous use as a used car sales operation is the parking of the tool trailer in the carport(s) rather than parking or display of cars. Assuming there will be no outdoor storage of construction vehicles or construction materials no additional landscaping or screening is necessary. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Only bookkeeper, office help and president will be incoming to the property." Density is not an issue with a commercial use and no increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Only normal office use. No incoming public traffic and bidding is done on customer /homeowner's land." We agree that neither will traffic congestion be increased nor traffic safety be compromised by location of the building trades contractor on the site. Since there is no physical change to the structures or other improvements on the property, drainage will remain essentially the same as previous. Serceng Fkeeida lncal ekoNerneucnta'uue 1')$ Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE Recommendation Staff recommends approval based upon the foregoing analysis and findings, Submitted by: Wm. F. Brisson, AICP Planning Consultant February 12, 2013 Board of Adjustment Hearing: February 21, 2013 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Google Street View Stry ng Flul ida Local t:t0trntti1cma ynic 1981.4 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE FUTURE LAND USE MAP NEE -1PCIE`31-d St • COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY - MULTI - FAMILY - COMMERCIAL INDUSTRIAL ® PUBLIC FACILITIES RESIDENTIAL MIXED USE Subject Property Serving Florida Local Governments Since 1988 9 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13- 002 -SE ZONING MAP NE 3rd St 1 ■ 1 Subject roperty RMF R F -1 22 ZONING - CBD- COMM BUSINESS DISTRICT - C$V • HEAVY COMMERCIAL al CO'. LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE '/j /I- MOLDING IND - INDUSTRIAL PUB - PUBLIC FACILITIES FWD-MIXED PU D-R - MO RESIDENTIAL MULTIFAMILY RUM - RESIDENTIAL MOBILE HOME IMfa - RESIDENTIAL SINGLE FAMILY RSP2 - RESIDENTIAL SINGLE FAMILY 2 Latlll�� Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES AV OW 3N a alsk S'ubw 1� Retail Shops 1 ®R -A- 3-21-37-35-0020-02530-0010 SPLETE KENNETH R 0.452AC 1 1/3,2013 - $65.000 - 10 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13- 002 -SE GOOGLE STREET VIEW 1 08 SE 5th Ave:Okeech eee, FL 31974, Serving Florida Local Governments Since 1988 12 February 14, 2013 Mr. Kenneth R. Splete PO Box 2478 Okeechobee, FL 34973 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 x218 Fax: 863 - 763 -1686 VIA E -MAIL bowlineconstruction @gmail.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- 002 -SE, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District (Ref. Code Sec. 90 -283 (5)) located at 108 SE 5th Avenue on Thursday, February 21, 2013 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, [h±b1 1 . buil.n.LiiiL Patty M. Burnette General Services Coordinator Attachments 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 & Appeals will be considering Special Exception Petition No. 13- 002 -SE to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, (Ref. Code Sec. 90 -283 (5)) located at 108 SE 5th Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, February 21, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: 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 M. Bumette 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 & Appeals will be considering Special Exception Petition No. 13- 002 -SE to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, (Ref. Code Sec. 90 -283 (5)) located at 108 SE 5th Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, February 21, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnetteRcityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: February 6, 2013 The Board of Adjustments & Appeals will be considering Special Exception Petition No. 13- 002 -SE to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, (Ref. Code Sec. 90 -283 (5)) located at 108 SE 5`h Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, February 21, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette(a cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator Okeeland LLC 5205 Babcock Street NE Palm Bay, FL 32905 WAFH of Okeechobee Inc. 1403 NW Avenue A Belle Glade, FL 33430 -2865 Florida Power & Light Company Property Tax- PSX/JB 700 Universe Blvd Juno Beach, FL 33408 Charles K. Norman 414 SE 2nd Street Okeechobee, FL 34974 GJC Properties Inc. P.O. Box 670 Okeechobee, FL 34973 Franchise Realty % McDonald's Corporation P.O. Box 182571 Columbus, OH 43218 -2571 Walz Okee LLC 915 Mall Ring Road Sebring, FL 33870 American Legion Post 64 501 SE 2"d Street Okeechobee, FL 34974 Bertha L. Williams c/o Dodd Williams P.O. Box 492 Okeechobee, FL 34973 Gonzalo & Francisca Longoria 205 SE 5th Aveune Okeechobee, FL 34974 Glades Parts Company Inc. P.O. Box 2260 Belle Glade, FL 33403 -3433 Super Stop Petroleum Inc. 4800 N. Federal Hwy Suite 200E Boca Raton, FL 33431 -3415 Iglesia Encuentro Con Dios De A/G, Inc. P.O. Box 2311 Okeechobee, FL 34973 Scott C. Kirton 202 SE 6th Avenue Okeechobee, FL 34974 Sarah Regina Hamrick Trustee Box 837 Okeechobee, FL 34973 No CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763 -3372 "I-f1 20 ) RECEIVED from jj O1,ii I ► ;it � c�►�1S e. '6', I n C_ VL il.k lCt (_CJ did 1 I itvio 6(41. ct D D I r a o Dollars $ 1 CD. t; c.) �3 IC 4 t 1 100 Pciki Lfumot CLERK April 4, 2013 Mr. Kenneth R. Splete PO Box 2478 Okeechobee, FL 34973 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 863-763-3372 FAX 863-763-1686 VIA EMAIL bowlineconstruction a(�.gmail.com Dear Mr. Splete: Re: 13 -002 -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 an outdoor sales and storage, building trades contractor within a Heavy Commercial (CHV) Zoning District (Ref. Sec. 90-283 (5)). 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 outdoor sales and storage, building trades contractor. Kim Bames can assist you with this, her contact information is, 863-763-3372 ext. 222 or kbarnes(a)cityofokeechobee.com. 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 outdoor sales and storage, building trades contractor 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, a Batt M. 1-;1L�1C2ii� Patty M. Bumette General Services Coordinator Attachment 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 KELLER - YEA RITTER - YEA CREASMAN - N/A MCCREARY - YEA MOTION CARRIED. Petition No. 13 -002 -SE, was submitted by property owner, Kenneth R. Splete for a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights-of-way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres and located at 108 Southeast 5th Avenue, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District. Chairperson Hoover yielded the floor to Planner Brisson who explained that the petition was for a building trades contractor's office with outdoor storage on a lot of about 20,000 square feet. The property previously had been a used vehicle sales lot. The property is located within the proposed Commercial Corridor and the site is appropriate for the use. Except for the shed located in the Northwest comer, 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. AGENDA V. PUBLIC HEARING (QUASI-JUDICIAL) CONTINUED. B. 2. Hear from the property owner or designee/agent. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte communications by the Board. 5. a) Consideration of a motion to approve or deny petition. FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 5 of 91 ACTION - DISCUSSION - VOTE Ms. Jean Hartman, Office Manager for Bowline Construction, who will be leasing the property from Mr. Splete, was present and addressed the Board by explaining there would be no heavy equipment stored on the property, for the most part, the tool trailers would stay at the job sites, and approximately two or three vehicles would be on the property during office hours. Mr. Splete asked that she convey that they would be planting hedges along the chain link fence, as well as plants and flowers around the construction trailer for beautification, assessing at least three of the security lights, and should the Special Exception be granted, they intended to eventually close in the sheds to park the tool trailers to hide them from public view. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There were none. Planning Staffs findings are as follows: The use is not contrary to the Comprehensive Plan as it is designated Commercial on the Future Land Map and envisions a wide variety of Commercial uses under which a building trades contractor falls. The use is authorized as a Special Exception in the Heavy Commercial Zoning District per Section 90- 283 (5). The use will not have an adverse effect on the public interest as it will not significantly differ from those associated with the former use of the property. The use is appropriate for the location as the property is located within the proposed Commercial Corridor. Assuming there is no outdoor storage of construction vehicles or construction materials, the use will be reasonably compatible with the nearby church, Iglesia Encuentro Con Dios de A/G Inc., the American Legion, and surrounding restaurant uses. The use is not detrimental to urbanizing land use pattems as the requested Special Exception is compatible in this area. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent properties. Less vehicular traffic should be attracted with this use as compared to the former approved auto sales lot. No additional landscaping or screening is necessary to buffer the use from adjacent uses assuming there will be no outdoor storage of construction vehicles or materials. Density is not an issue with a commercial use and no increase in commercial intensity is envisioned. The use will not create traffic congestion nor will traffic safety be compromised by location of the building trades contractor on the site. Drainage will remain essentially the same as previous since there is no physical change to the structure or other improvements on the property. AGENDA VI. PUBLIC HEARING (QUASI-JUDICIAL) CONTINUED. 5. a) Consideration of a motion to approve or deny Petition No. 13 -002 - SE. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider and discuss proposed Comprehensive Plan, Future Land Use Element Text Amendments for recommendation to City Council - Senior Planner (Exhibit 3, Attachment A). FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 6 OF 9 ACTION - DISCUSSION - VOTE Board Member Burroughs moved to approve Petition No. 13 -002 -SE, submitted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District and located at 108 SE 5th Avenue. Legal: a portion of Lots 1 and 7 of Block 253, together with a portion of the abandoned Florida East Coast Railroad rights-of-way, all located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Book 2, Page 4, Okeechobee County public records, containing approximately 0.46 acres; seconded by Board Member Ritter. Chairperson Hoover asked whether there was any further discussion. Board Member Ritter suggested they consider Florida friendly landscaping and Chairperson Hoover expressed her appreciation for the landscaping. VOTE HOOVER -YEA MCCOY-YEA BURROUGHS-YEA BAUGHMAN - YEA RITTER - YEA CREASMAN - NIA Buss - ABSENT MCCREARY•YEA CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:31 P.M. KELLER - YEA MOTION CARRIED. Planner Brisson explained that the City Council adopted five of the 21 mapping conflicts on October 16, 2012. The remaining 16 were referred back to the Planning Board, due to the number of property owners who expressed concems over changing the zoning from Holding that have an existing light agriculture use. The Council requested the Board consider adopting a Holding Zoning District again, using the 1978 regulations as a guideline. Should the Planning Board agree that it should be adopted, then the Future Land Use (FLU) Element will need to be amended to address which FLU designations should allow the Holding Zoning, which then allows light agricultural uses. The Board briefly discussed whether `Holding" should be named something else such as Light Agricultural, but decided that would be too confusing. Discussion ensued regarding the larger unplatted parcels that currently have agricultural use, Holding Zoning and different FLU designations such as Single Family, Multi -Family, and Industrial. These proposed amendments, together with the LDR amendments being considered in Item B, would solve their mapping conflict problems. However, Board Member McCreary was concemed that the recommended changes as presented in Exhibits three and four would cause owners who already have Residential Single Family -One, Residential Multiple Family, Residential Mobile Home, and Industrial Zoning and either have a current light agricultural use or want to have it in the future, would now need to rezone to their property Holding in order to use it for light agriculture purposes. INDEPENDENT _' iiii NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE '1078.1N:17th S1r ct, 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'wek;:) Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a ). c r . V-»; in the matter of Z in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published it#°said,. .''.t. 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'be'eri entered as second class mail matter at the postioffice in Okeechobee, in said Okeechobee County,-Florida,;for a period of one year next preceding the first,pub ication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement fo : • blication in the said newspaper. • Mill .Byrd Sworn to and subscribed before me; this �4tday of �; �! t cit v -i L 1.3 AD ,/) Notary Public, State of Florida at Large ANGIE BRIDGES tn MY COMMISSION t EE 177653 EXPIRES: April 20, 2016 Bonded Thfu Notary Public Underwriters r .wuw1NOlt.en,,.yw.r...w e-(1-"Di7 (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING will be held before the Catty of Okeedwbee Board of ori as coon aed Appeals ondThy Halt, 5 SEN available Council the Oty February 21, 2013 at 6:00 pm bras soon thereafter,OkFlorida.Ib Clam- bers, Rm 200ww. yofokeoagenda website www.dtyofokeedwbee.com, or canter the General Services De- partment, pbumette@CKyofokeechobee.com, 863-763-3372 x 218. Under consideration Is Special Exception Petition No. 13 -002 -SE, submit- storageibuildirng trades contracto wiMlnea,oto n Nollow an outdoor sales and Commercial (CHV) Zoning District, ref. Code Book Section 90-283(5). The proposed use Is for a gener- al contractor`; once, with tool and equipment testaar�age. Proper/ Is of Node rights-of-way, togetherwithwith aEpotion of thWe aband on Poridda � and Coast 54 of thRaile First Addition tall IOkeechoobee Subdivision, Plat Bk 2, Pat of Blocks G 253,and ro- bee County public records. Being more particularly described as: commence at the SE comer of lot 8 of said Block 253 run North 100 feet along the West boundary of SE 5th Avenue (70' wide) bo the SE comer of that certain parcel of land recorded In OR BK 445, PG 1931, Okeechobee County public records, and as the Point -of -Beginning, then continue North 200.32 feet along said West ROW One to the South boundary line of abandoned East South Park Street (70' wide); then run West 99.98 feet along said South ROW line; then run South 200.37 feet to the NW comer of said OR BK 445, PG 1931; then run East 99.99 tangpm�06aline said OR BK 445, PG 1931 to the P06, coni aprmdly .46aces. All members of the public are encouraged to attend and partldpate h said Hearing The entire petition may be Inspected during regular business hours, Mon -Fri Bami:30pm, except for holidays. The Board of Adjustment and Appeals serves as the derision makl body (quasi-AiudkiaO, on behalf of the Qty, to approve or deny Spedal Exce ons. res to appeal any dedslTAKEon made by the CE AFID Board ADVISED AdJu If ann�d Appeals person with re- suree ecta verbatimomatter of the proced at eedings is meeting, made, hearing record Inwill need cludes the testiiiServices mediaaare used for tievidence de soleurrpwhich posse appeal Is to be based. fbac pp tsr the depart- ment. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to paridpate In this proceeding should contact the General Services Once at 863-763-3372 for assistance. by: Brian Whitehall, Zoning Administrator Petition No. 13 -002 -SE 436047 ON 2/3,13/2013 Client 161381 Address: 55 SE 3RD AVE Attn: Melisa Ad # 436047 CITY OF OKEECHOBEE Requested By: Phone: (863) 763-3372 Ext: 0000 OKEECHOBEE, FL 34974 Fax: (863) 763-1686 Ext: 0000 Sales Rep.: 4205 Janet Levy jlevy@newszap.com Phone: (302) 741-8297 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: $240.30 PUBLIC NOTICE CONSIDERATION OF A PROPOSED SPECIAL EXCEPTION A PUBLIC HEARING win 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 Cly Hall, 55 SE 3rd Ave, Counal Cham- bers, Rm 200, Okeechobee, Florida. The agenda B available on the City website www.cityofokeechobee.com, or contact the General Services De- partment, pbumette@cityofokeechobee.com, 863.763-3372 x 218. Under consideration B Special Exception Petition No. 13 -002 -SE, submit- ted by property owner, Kenneth R. Splete, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial (CHV) Zoning District, ref. Code Book Section 90-283(5). The proposed use is for a gener- al 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 wrth a porton of the abandoned Florkla East Coast Railroad rights-of-way, an located in the Replat of Blocks 252, 253 and 254 of the First Addition to Okeechobee Subdivision, Plat Bk 2, PG 4, Okeecho- bee County public records. Being more particularly described as: commence at the SE comer of Lot 8 of sad Block 253, run North 100 feet along the West boundary of SE 5th Avenue (70' wide) to the SE corner d that certain parcel of land recorded M OR BK 445, PG 1931, Okeechobee County public records, and as the Point -of -Beginning, then continue North 200.32 feet along said West ROW Inc to the South boundary line of abandoned East South Park Street (70' wide); then run West 99.98 feet along said South ROW line; then run South 200.37 feet to the NW corner of said OR BK 445, PG 1931; then run East 99.99 feet along the North boundary line said OR BK 445, PG 1931 to the POB, containing approximately 0.46 acres. An members of the public are encouraged to attend and participate in sad Heanng. The entire petition may be inspected during regular business hours, Moe -FA, Gam-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 Exceptions. 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 6 made, whrh record includes the testimony and evidence upon which the appeals to be based. Genera! 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 -002 -SE 436047 ON 2/3,13/2013 Page 1 of 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 2"d 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 Bumette. 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 Staff Report Special Exception Request Prepared for: The City of Okeechobee Applicant: Kenneth R. Splete Petition No.: 13 -002 -SE 111 id I I z" Planning Management Services, Inc. 1375 Jackson Street, Suite 206 Foul Ayer, Florida 23933 i-336 Serving Florida Local Governments Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE General Information Owner / Applicant Applicant Address Site Address Contact Person Contact Phone Number Ernail Address f Future Land Use Map Classification Zoning District Use of Property Acreage Kenneth R. Splete P.O. Box 2478 Okeechobee, FL 34973 108 SE 5th Avenue s Kenneth Splete or Jeffrey Sheffield (proposed renter) 863-634-4846 bowlineconstruction@gmail.com Existing Commercial CHV, Heavy Commercial [ Unoccupied , former l outdoor vehicle sales lot 0.452 Proposed [Commercial CHV, Heavy Commercial Building trades contractor's office Lwith outdoorstorage 0.452 Legal Description of Property Location: 108 SE 5th Avenue, Okeechobee, FL Parcel Identification Number: 3-21-37-35-0020-02530-0010 A PORTION OF LOTS 1 AND 7 IN BLOCK 253 AND A PORTION OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY, ALL PER THE OKEECHOBEE COMPANY PLAT OF BLOCKS 252, 253, AND 254, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 8, OF SAID BLOCK 253; THENCE NORTH 00'00'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SE 5TH A VENUE (70' IN WIDTH), A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK (O.R.B.) 445, PAGE 1931, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'00'00" WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 200.32 Serving Florida Loral Governments Since 1988 1 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NOW ABANDONED SOUTH PARK STREET (70' IN WIDTH); THENCE NORTH 89'58'45" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 99.98 FEET; THENCE SOUTH 00'00'14" WEST, A DISTANCE OF 200.37 FEET TO THE SOUTHEAST CORNER OF SAID O.R.B. 445, PAGE 1931; THENCE NORTH 89'59'34" EAST ALONG THE NORTH BOUNDARY LINE OF SAID OR.B. 445, PAGE 1931, A DISTANCE OF 99.99 FEET TO THE POIN T OF BEGINNING. Item Before the Board of Adjustment The matter for consideration by the City of Okeechobee Board of Adjustment is a Special Exception for a building trades contractor's office with outdoor storage on a lot of about 20,000 square feet (0.46 acre) zoned CHV. The property had previously been a used vehicle sales lot. Description of the Situation The parcel carries a Future Land Use designation of Commercial and is zoned CHV, Heavy Commercial. The site is improved with a mobile home with a covered porch area which will presumably be used as the office. There are also four metal carport structures and what appears to be a storage shed. The property will be rented and operated as a building contractor's office with outside storage. There will be from four to six employees and the business will operate Monday through Friday between the hours of 8:00 AM and 5:00 PM. Outside activities will include connecting the tool trailer in the morning and unhooking it in the evening. It would appear that commercial vehicles will be parked on site overnight, presumably in the carports and other materials will be stored in the shed. Adjacent FLUM Classification, Zoning District, and Existing Land Use North Future Land Use Map Zoning District Existing Land Use East Future Land Use Classification Zoning District Existing Land Use Commercial CHV Strip retail center Single -Family CHV Wendy's Restaurant and FPL Substation r/Ll Serving Florida Local governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE Special Exception Request South Future Land Use Classification Zoning District Existing Land Use West Future Land Use Classification Zoning District Existing Land Use Commercial CHV & RSF-1 Church and Vacant Commercial RMF American Legion Consistency with Land Development Regulations Section 70-373(b) requires that the Applicant address the following standards for granting a Special Exception, during his/her presentation to the Board of Adjustment. The Applicant has submitted, as part of the submission, brief statements and informa- tion addressing these standards. The Applicant's statements are shown in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) Demonstrate that the proposed location and site are appropriate for the use. "Was previously used as a used car lot sales. Has appropriate building for out of sight tool storage. Has appropriate building for out of sight tool trailer parking. Has sufficient parking. Has sufficient office space. Hours of operation are within a normal 5 day working week." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor and is zoned CHV and is generally surrounded by nonresidential zoning and uses. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "Office trailer on site for accounting. Metal storage building for enclosed tool storage. Attached carports for enclosed tool trailer parking completely fenced for theft protection and security for holidays and weekends." We agree. Except for the shed in the northwest corner, all structures were placed/built on the site in 2001. The shed was built in 1990 and is slightly nonconforming with respect to the rear setback. The parking of the tool trailer in the carports and use of the storage shed for tool storage are Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13 -002 -SE (3) compatible with the surrounding uses. Recognizing that there will be 'a relatively insignificant level of activity on the site, we see no need for any specific design efforts. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "We anticipate some landscaping plants to make the view of the property more attractive. We have no machinery or free standing equipment as eyesore. We will not construct on office property. Construction is done at homeowner/client/job site property." We agree. The building in which the business will operate was previously only used as business office associated with the sale of used cars. The only difference in the proposed use of the property from its previous use as a used car sales operation is the parking of the tool trailer in the carport(s) rather than parking or display of cars. Assuming there will be no outdoor storage of construction vehicles or construction materials no additional landscaping or screening is necessary. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. (5) "The nature of our business generates no potential hazards or public nuisance or loud intrusive noise. We will actually improve the view of the property and repair deteri- orating buildings, trailer and sheds, and maintain the grounds' attractiveness." We agree, assuming there will be no outside storage of construction materials or chemicals, we foresee no potential hazards associated with the proposed use as proposed for this location. Demonstrate how the utilities and other service requirements of the use can be met. "OUA has water and meter. FPL has service and meter. City sewage/waste is code. Waste Management is garbage area related." We are unaware of any problems with utility services to the site in the past, and would not expect the contractor's office to place any greater demand on public services than the previous used car sales operation. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13 -002 -SE (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "There will be very little traffic impact. Only accounting person in office and contractor himself coming and going to office. Tool trailer stays at jobsite till the end of the job. Customers/clients call for proposals and they are done at customer's home. Contracts are usually signed at customer's home and payments are usually picked by the contractor ..." A contractor's office would normally be expected to generate less vehicular traffic than a used car sales operation, primarily because auto sales is a retail type of operation intended to attract customer to the site. A building trades contractor office is not expected to attract customers to site except to a relatively minor extent. The parking requirement for offices is one space per 300 square feet of floor area. Therefore, two spaces are required. The site has the equivalent of eight spaces in the four carports with some additional parking available in front of the mobile home office. Section 70-373(c) (1) — (8) When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1)-(8). The required findings are listed below followed by the Applicant's statements in Times Roman typeface. Staff comments follow and are shown in bold Arial typeface. (1) The use is not contrary to the Comprehensive Plan requirements. "We will be in compliance with all Plan requirements." We agree. The Commercial Future Land Use Category envisions a wide variety of commercial uses and a building trades contractor falls within this category of uses. (2) The use is specifically authorized as a special exception use in the zoning district. "This property is already barely over 6 months of special exception zoning." We agree. §90-283(5) specifically lists "Outdoor sales and storage, building trades contractor" as a special exception use in the CHV District . 161 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13 -002 -SE (3) The use will not have an adverse effect on the public interest. "There will be little to none in the difference in activity in the property. Only used as office — have adequate parking." We agree. The use, its operation and impacts will not significantly differ from those associated with the former use of the property and will have no adverse impact upon the public interest. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use pattems. (5) "The use is office personnel and is appropriate for proposed location and just over six months from exception rule as a car lot." We agree that the location and site are appropriate for the use. The property is located within the Commercial Corridor, an area that is primarily envisioned for commercial uses. Assuming there is no outdoor storage of construction vehicles (e.g., backhoes, bulldozers, cranes, etc.) or construction materials, the use will be reasonably compatible with the nearby church, American Legion, and retail and restaurant uses. The land use pattern in this area is compatible with the requested special exception use. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "Office use only. Less traffic and noise [compared] to the last use. No more than a normal business use." The location of a building trades contractor on the site, particularly as described, should have no impact that would be expected to adversely affect property values or living conditions in the area. Its characteristics are much like those of the former approved used auto sales except for the parking of the tool trailer on occasion and the fact that Tess vehicular traffic should be attracted. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13 -002 -SE (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. (7) "There is no nuisance or hazards but we will comply to the general rule." We agree. The building in which the business will operate was previously only used as business office associated with the sale of used cars. The only difference in the proposed use of the property from its previous use as a used car sales operation is the parking of the tool trailer in the carport(s) rather than parking or display of cars. Assuming there will be no outdoor storage of construction vehicles or construction materials no additional landscaping or screening is necessary. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Only bookkeeper, office help and president will be incoming to the property." Density is not an issue with a commercial use and no increase in commercial intensity is envisioned that would have a negative effect upon public services or facilities. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Only normal office use. No incoming public traffic and bidding is done on customer/homeowner's land." We agree that neither will traffic congestion be increased nor traffic safety be compromised by location of the building trades contractor on the site. Since there is no physical change to the structures or other improvements on the property, drainage will remain essentially the same as previous. i�y�_ Serving Florida Local Governments Since 1988 7 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE Recommendation Staff recommends approval based upon the foregoing analysis and findings, Submitted by: Wm. F. Brisson, AICP Planning Consultant February 12, 2013 Board of Adjustment Hearing: February 21, 2013 Attachments: Future Land Use Map Zoning Map Aerial Photograph Showing Existing Land Uses Google Street View Serving Florida local Governments Since 198K Staff Report Applicant's Name: Kenneth R. Splete Special Exception Request Petition No. 13 -002 -SE FUTURE LAND USE MAP '17E c ormil '31-d St COMPREHENSIVE PLAN LAND USE __ SINGLE - FAMILY 11111 MULTI - FAMILY — COMMERCIAL -1INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE J. 22 i co Subject Property Serving Florida Locri f iucermnent.v Since 1988 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE ZONING MAP p SE Zrid-. RMF 203 stir 1 t t Subject roperty RMF 125 R F-1 G ZONING - C50- COMM'SUCINESS DISTRICT - CNV• HEAVY COMMERCIAL CLT • LIGPIT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE N-NOLOING ILINC - INDUSTRIAL . PUS PUELIC FACILITIES PUD -MIXED PUD -R - RMF RESIDENTIAL MULTIFAMILY RMH - RESIDENTIAL tootis.e NOME RSFI - RESIDENTIAL SINGLE FAMILY RSF2-RESIDENTIAL G!VGL: PAV!.Y'2� Lxluc Serving Florida Local Governments Since 1988 10 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE AERIAL PHOTOGRAPH SHOWING EXISTING LAND USES SR 70 E 1 .. , 30o Subway Wendys City . ,r al i; Hall `' �,_:: Retail Shops 1 - J 11 1 I. 1 I_ 1 `I hn. 300 _� .. `.�i0111i _.PLETE KENNETH R 4!32AC.. 1.,73:20 1^•. _ $55 I',fn"� . ri 57 serving Florida Local Governments Since 1988 11 Staff Report Special Exception Request Applicant's Name: Kenneth R. Splete Petition No. 13 -002 -SE GOGGLE STREET VIEW Serving Florida Local Governments Since 1988 12 February 14, 2013 Mr. Kenneth R. Splete PO Box 2478 Okeechobee, FL 34973 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 x218 Fax: 863-763-1686 VIA E-MAIL bowlineconstruction@gmail.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 -002 -SE, to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District (Ref. Code Sec. 90-283 (5)) located at 108 SE 5t" Avenue on Thursday, February 21, 2013 at 6:00 p.m., at City Hall, Council Chambers, Room 200. A copy of the Agenda and Planning Staff Report are attached. Please be sure to review these documents prior to the meeting. Contact me with any questions. Should you, or a representative, not be able to attend this meeting, please let me know. Sincerely, M..hump_li Patty M. Burnette General Services Coordinator Attachments 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 & Appeals will be considering Special Exception Petition No. 13 -002 -SE to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (5)) located at 108 SE 5"' Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, February 21, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: 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 M. Bumette 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 & Appeals will be considering Special Exception Petition No. 13 -002 -SE to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (5)) located at 108 SE 5th Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, February 21, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Bumette 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 & Appeals will be considering Special Exception Petition No. 13 -002 -SE to allow an outdoor sales and storage, building trades contractor within a Heavy Commercial Zoning District, (Ref. Code Sec. 90-283 (5)) located at 108 SE 5h Avenue. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, February 21, 2013, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette@cityofokeechobee.com. The petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed/faxed. Respectfully, Patty M. Bumette General Services Coordinator Okeeland LLC 5205 Babcock Street NE Palm Bay, FL 32905 WAFH of Okeechobee Inc. 1403 NW Avenue A Belle Glade, FL 33430-2865 Florida Power & Light Company Property Tax-PSX/JB 700 Universe Blvd Juno Beach, FL 33408 Charles K. Norman 414 SE 2nd Street Okeechobee, FL 34974 GJC Properties Inc. P.O. Box 670 Okeechobee, FL 34973 Franchise Realty % McDonald's Corporation P.O. Box 182571 Columbus, OH 43218-2571 Walz Okee LLC 915 Mall Ring Road Sebring, FL 33870 American Legion Post 64 501 SE 2nd Street Okeechobee, FL 34974 Bertha L. Williams c/o Dodd Williams P.O. Box 492 Okeechobee, FL 34973 Gonzalo & Francisca Longoria 205 SE 5th Aveune Okeechobee, FL 34974 Glades Parts Company Inc. P.O. Box 2260 Belle Glade, FL 33403-3433 Super Stop Petroleum Inc. 4800 N. Federal Hwy Suite 200E Boca Raton, FL 33431-3415 Igiesia Encuentro Con Dios De A/G, Inc. P.O. Box 2311 Okeechobee, FL 34973 Scott C. Kirton 202 SE 6th Avenue Okeechobee, FL 34974 Sarah Regina Hamrick Trustee Box 837 Okeechobee, FL 34973 No 035175 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (863) 763-3372 20 13 RECEIVED from —BIM/11;1C l ons {-C47 r►1 1-1 vQ, Etiu.s1d read CIO1 14.340 u-- cl. ° °IID v Dollars $ G00.00 e,!L-- a l 100 CLERK